Y Roll_36 Part 08156 Special Session, March 18, 1974
ing herein contained, however,
shall prohibit said Corporation
from seeking such tax exemption
as it may determine and as it may
be eligible for by law at the ex-
piration of said seven (7) year
period. Notwithstanding the fore-
going provision as to Corporation's
agreement not to request tax ex-
empt status, it is agreed that the
sum of $10000.00 shall be con-
sidered to have been earned by
the Corporation at the rate of
$14,285.71 per year for each year
commencing with the issuance of
a certificate of occupancy, and
that at any time during said peri-
od, Corporation shall have the
option of refunding to the City
the unearned portion of said $100,-
000.00 and upon such refund hav-
ing been made, shall be relieved
of the provisions of this agreement
limiting Corporation's right to
seek such tax exemption for any
succeeding year. The refund by
Corporation of the unearned por-
tion as herein provided shall not
relieve Corporation of the other
duties imposed by the terms of
this Agreement.
5. The parties hereto acknowl-
edge and agree that in the event
the Corporation abandons the pro-
posed project or in the event the
proposed use is discontinued with-
in a period of ten (10) years from
the date hereof, the Corporation
agrees to account for the amount
of the unearned portion of said
$100,000.00 paid, and the City shall
have the right to claim return of
such unearned portion of said
amount and to secure repayment
of said amount, Corporation agrees,
upon such default and demand by
City, to grant City a lien to secure
repayment which lien shall be jun-
ior and inferior and without prej-
udice or jeopardy to the United
States of America by and through
its Department of Housing and
Urban Development, or the Fed-
eral Housing Administration, and
any lending agency involved in the
actual financing of the acquisition
of the real estate or construction
of said structure.
6. The parties hereto acknowl.
edge and agree that this Agree-
ment in substance shall be con-
sidered as an Agreement by Cor-
poration to provide services to the
City which has agreed to pay the
sum of. $100,000.00 therefore which
service shall consist of housing
for a minimum of 100 elderly and
handicapped or disabled persons
primarily residents of the City of
Dubuque, Iowa, and in no event
shall less than 20 of the occupants
of said building be residents of
the City of Dubuque, Iowa.
7. The Corporation hereby repre.
sents that in connection with the
construction and operation of this
facility herein contemplated and
referred to, it has agreed with the
United States of America by and
through its Department of lious-
ing and Urban Development, and
by and through the Federal Hous-
ing Administration not to discrim.
nate in any way regarding the
construction or operation of said
facility, and does hereby agree
with the City of Dubuque, Iowa,
not to engage in any discrimina-
tory practices, and that the serv-
ices to be provided in said facility
shall be provided to the elderly,
handicapped or disabled persons
without regard to sex, race, reli-
gion, color, national origin or an-
cestry.
8. The parties hereto further
acknowledge, understand and agree
that the City by virtue hereof does
hereby intend to aid and assist a
portion of that segment of its
population comprised of the eld-
erly and handicapped or disabled
for which there exists and has
existed a critical and pressing de-
mand for the housing thereof.
9. It is represented by the Cor-
poration that in addition to hous-
ing in said facility, Corporation
also agreed that it will provide
in conjunction with the operation
of said facility adequate space and
will promote appropriate recrea-
tional facilities and activties, hob-
bies, arts, crafts and will promote
the active participation therein by
appropriate public and private
agencies to the end that the facil-
ity shall be a desirable, appropri-
ate and attractive environment for
the people it serves.
10. Corporation represents that
it has completed necessary appli
cation documents with the Federal
Housing Administration for a 221
D3 full rent supplement housing
project for the elderly and hand-
icapped and that under such pro-
gram, Corporation will be eligible
to receive rent supplement in an-
nual amounts of more than $200;
Special Session, March 18, 1974 157
000,00 for 40 years to assist the
occupants in need thereof in the
payment of rental for the facilities
to be occupied by them. It is un-
derstood that the foregoingterms
will be incorporated in appropriate
written documents and copies of
the same will be furnished
to City
on file
of Dubuque, and
for public inspection.
Dated at Dubuque. Iowa, the day
and year above referred to.
ECUMENICAL HOUSING
INCORPORATED, an Iowa
non-profit corporation,
By Thomas Rhomberg
Its President
By Alfred E. Hughes
Its Attorney
CITY OF DUBUQUE,
IOWA, a municipal
corporation of Iowa,
By Allan T. Thoms
Mayor
.Attest:
Leo F. Frommelt
City Clerk
March 15, 1974
To the Honorable Mayor
and City Council
Attached is an ordinance for ap.
propriations to fund amendments
in our 1974 operating budget.
Most of the amendments are
funds for projects that were
planned for 1973 and are either
in the stages of completion or
M11 be completed in 1974. Other
amendments are for supplies and
services purchased in 1973 but
which will be paid for in 1974.
Refleefed in marry of the funds
are increases for wage adjust-
ments, the result of labor negotia-
tions earlier this year. Likewise,
in the general fund we have pro-
vided salary adjustments for the
City Manager, Director of Public
Works and City Engineer. Effec-
tive April 1 the annual salary of
the City Manager will be adjusted
to $25,000; Director of Public
Works, $23,500 and the City En-
gineer, $18,792.
Your adoption of this ordinance
is requested.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, I.undh, Stackis.
Nays—Councilman Justmann.
AN ORDINANCE Amending the
budget as approved by Ordinance
No. 1-74 in the amount of $1,175,-
527.00, presented and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh. Stackis.
Nays—Councilman Justmann.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
Mayor Thoms moved that a pub-
lic hearing be held on the Ordi.
nance on April 8, 1974, at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and the City
Clerk be instructed to publish no-
tice of said hearing in the manner
required by law. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
Petition of Walsh Stores request-
ing consideration of the parking
situation surrounding the place of
business on Central Avenue, re-
questing approval of one hour
meters on 13th Street between
Main and White, also one hour
duration in the heavy business
centered areas of Central and be-
tween lith and 14th Street on
Iowa, presented and read. Mayor
Thoms moved that the petition be
referred to the City Manager and
Traffic Department. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Urban Renew-
al Director Wittenberg submitting
a resolution providing for the
demolition of Leath and Goodman
buildings in the Urban Renewal
area, presented and read. Mayor
Thoms moved that the communica
tion be received and filed, Second-
158 Special Session, March 18, 1974
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, I.undh,
Stackis.
Nays—None.
RESOLUTION NO. 86-74
Authorizing an amendment to
demolition contract No. 1-72 for
the Downtown Urban Renewal
Project
WHEREAS, under date of July
6, 1972, the City of Dubuque and
F. N. Smith Construction, Inc. and
K. W. Gaber Construction Com-
pany entered into a contract for
the demolition and site. clearance
of certain improvements within the
Downtown Urban Renewal Project,
Iowa R-15; and
WHEREAS, all of the work spe-
cified in the said contract has been
completed with the exception of
Parcel 8.3; and
WHEREAS, it is necessary to
remove the improvements located
on Parcel 84B which abuts Parcel
8-3; and
WHEREAS, it is deemed to be.
in the best interest of the Urban
Renewal Project to amend the sub.
ject contract to add Parcel 8.411;
now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Man-
ager be and he is hereby author-
ized to enter into an Amendment
to Demolition Contract No. 1-72
to provide for the demolition and
site clearance of Parcel 84B at
a cost not to exceed $4000.00.
Passed, approved and adopted
this 18th day of March, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Robert E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved the adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
RESOLUTION NO. 87-74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar_
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Neldia Jane Fitzgibbons, dba Noel's
Tap. 2400 Central Avenue
BE Ir FURTHER RESOLVED
that the bonds filed with the ap.
plication be approved.
Passed, adopted and approved
this 18th day of March 1974.
Allan T. Thorns
Mayor
Alvin E. I.undh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol.
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh. Stackis.
Nays—Councilman .Justmann.
RESOLUTION NO. 88.74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "B" BEER PERMIT
Lawrence E. and Ethel Al. Schwartz,
dba L. & E. Tavern, 500 Rhom-
berg Ave.
CLASS "C" BEER PERMIT
Albert Heinz, dba Oky Doky #7.
3301 Pennsylvania Ave.
LaVern Nicholas Hennen, dba
Vern's Conoco, 3300 Asbury
Road
Earl Edward Schumacher, dba Oky
Doky Foods #5, 2204 Central
Ave.
Passed, adopted and approved
this 18th day of March 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Special Session, March 18, 1974 159
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 89.74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun.
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Lawrence E. and Ethel M. Schwartz,
dba L. & E. Tavern, 500 Rhom.
berg Ave.
CLASS "C" BEER PERMIT
Albert Heinz, dba Oky Doky #7,
3301 Pennsylvania
LaVern Nicholas Hennen, dba
Vern's Conoco. 3300 Asbury
Road
Earl Edward Schumacher, dba Oky
Doky Foods #5, 2204 Central
Ave.
Passed, adopted and approved
this 18th day of March 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
.lames E Brady
Councilmen
Attest:
Leo F. Frommelt.
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 90.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Neldia Jane Fitzgibbons, dba Noel's
Tap, 2440 Central Ave.
Fraternal Order of Eagles #568,
dba, 1175 Century Drive
Delores B. Elliott, dba Corner Tap,
2093 Washington St.
Alice H. Erschen• dba Benny's
Steak House and Sunday Sales,
2617 University Ave.
CLASS "B" BEER AND
LIQUOR LICENSE
Julien Alotor Inn, Sunday Sales,
200 Main Street
Passed, adopted and approved
this lath day of March 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann. Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 91.74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
160 Special Session, March 18, 1974
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Neldia Jane Fitzgibbons, dba Noel's
Tap, 2400 Central Avenue
Fraternal Order of Eagles #58,
1175 Century Drive
Delores B. Elliott, dba Corner Tap,
2093 Washington St.
Alice H. Erschen, dba Benny's
Steak House and Sunday Sales.
2617 University Ave.
CLASS "B" BEER AND
LIQUOR LICENSE
Julien Motor Inn, Sunday Sales.
200 Main Street
Passed, adopted and approved
this 18th day of March 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
I.eo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
Councilman Brady moved that
it be resolved by the City of Du-
buque that the City Council of
Dubuque does go on record as
favoring the implementation of a
cost of living proposal for all of
its City employees, and that the
City Manager and Personnel Direc.
tor be directed to inform all bar-
gaining units connected with the
City of Dubuque of the willingness
of the City to include the cost of
living and accept increase in am,
package if agreeable with those
bargaining units. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Councilmen Brady, Just
mann, Stackis.
Nays — Mayor Thoms, Council.
man Lundh.
There being no further business
Councilman Lundh moved to ad.
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk,
Approved August 5, 1974
Adopted August 5, 1974
Attes
Citf Clerk
Special Session, March Zr>- 1 ? t 161
CITY COUNCIL
OFFICIAL
Special Session, March 25, 1974.
Council MC
Present
Mayor Thorns`
— Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the PURPOSE OF RE-
CEIVING AN UPDATED REPORT
OF THE FIVE FLAGS CIVIC CEN-
TER and acting upon such other
business as may properly come be-
fore a regular meeting of the
Council.
Communication of Gent Witten.
berg requesting that representa-
tives of "Five Flags" be permitted
to address the Council at this
meeting, presented and read. Ma-
yor Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Stackis moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Second-
ed by Mayor Thoms. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mr. Wayne Norman addressed
the Council requesting that the
east half of the Orpheum block be
sold to Five Flags and also be
able to proceed with contract for
restoration. Two facilities could
be compatible.
Councilman Stackis moved that
the matter be referred for proper
Proceedings. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays — Councilmen Brady,
Justmann.
Councilman Justmann moved
that the Recreation Commission
move ahead with its announced
plans to bring a ice rink proposal
to the Council at its earliest con-
venience and after coordination
with Five Flags. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Department
of Army Corps of Engineers sub-
mitting announcement of public
meetings on the Environmental
impact statements for the opera-
tion and maintenance of the Up-
per River Nine -foot navigation
channel from Guttenberg, Iowa to
Saverton, Mo., presented and read.
Mayor Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Iowa Depart-
ment of Environmental Quality
submitting construction permit No.
74-81-S, Sanitary sewer extension
south Dubuque Interception Con-
tract No. 3, presented and read.
Councilman Stackis moved that the
communication be received and
filed. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts, Disbursements, and list
of claims for the month of Febru-
ary 1974, presented and read.
Councilman Justmann moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
Notice of claim of Mary El-
len Lyons, in an undetermined
amount, for personal injuries re-
ceived as the result of a fall in
an icy crosswalk at Bryant and
Rush on March 5, 1974, presented
and read. Councilman Justmann
moved that the claim be referred
to the City Solicitor for investiga-
tion and report. Seconded by Coun-
162 Special Session, March 25, 1974
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 20.74
An Ordinance authorizing John
J. and Ethel Beurskens to con-
struct a chain link fence,
presented and read.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three separate
days be waived. Seconded by Coun-
cilman Stackis, Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 2074
AN ORDINANCE AUTHORIZING
John J. and Ethel Beurskens TO CON.
STRUCT Chain Link Fence
NOW THEREFORE BE IT ORDAIN -
Ell BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION 1. That John J. and Ethel
Beurskens as owners of the premises
known as Lot 558 Hams Addition and
South 16 and % feet of Lot 557 in Hams
Add. in the City of Dubuque, Iowa be,
and they are hereby granted the revocable
permit and authority to construct and
maintain Chain Link Fence on the public
right-of-way of Prescott Street, under the
terms and condirions set forth in this
Ordinance.
SECTION 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by City Manager, under the
supervision and direction of the City
Manager, and in accordance with all ap-
plicable state and federal laws and regula-
tions, and the Ordinances of the City of
Dubuque.
SECTION 3. That the permission herein
granted is expressly conditioned on per.
mittees agremeent to:
a) Assume any and all liability for dam-
ages to persons or property which may
result from the existence, location, in-
stallation, construction or maintenance
of said Chain Link Fence on the pub-
lic right-of-way of Prescott Street;
b) To pay on behalf of the City of Du-
buque all sums which the City of
Dubuque shall become obligated to pay
by reason of the liability imposed upon
the City of Dubuque for damages cf
any kind resulting from the location,
installation, existence, construction or
maintenance of said Chain Link Fence
on the public right-of-way of Prescott
Street, sustained by any person or per.
sons, caused by accident or otherwise,
to defend at its own expense and on
behalf of said City any claim against
the City of Dubuque arising out of
the location, installation, existence, con-
struction or maintenance of Chain
Link Fence in the public right-of-way
of Prescott Street and to pay reason.
able attorney fees therefor;
c) To indemnify and hold City of Du.
buque free and harmless from any and
all claims, loss, liability and expense
for injuries to third persons or damag.
es to property of third persons, or for
damage to any property of City of
Dubuque which may occur as a result
of or in connection with the location,
installation, construction, maintenance
and repair of the facility, work or
improvement permitted herein.
SECTION 4. That the permission herein
granted is expressly conditioned upon per
mittecs further agreement that should the
right and privilege herein granted be
rescinded or revoked by the City Council,
permittees, or their successors in interest,
as owners of the abutting property, shall
within ten (10) days after receipt of
written notice from the City Manager, so
to do, at their own expense, remove said
Chain Link Fence on the public right-of-
way of Prescott St. and in the event of
their failure so to do, the City of Dubu-
que shall be authorized to remove said
Chain Link Fence, at permittees expense
and dispose of the same, and the permit-
tees shall have no claim against the Cin
or its agents for damages resulting from
the removal of said Chain Link Fence.
SECTION S. Permittees convenant and
agree that the revocable permit herein
granted does not constitute an approval
of the design, erection, location, con-
struction, repair or maintenance of said
facility and said permittee hereby coven-
ants and agrees not to assert such claim
or defense against the City of Dubuque
in the event of claim asserted for per-
sonal injuries and -or property damage
against the permittee arising out of or in
any way connected with the location, in-
stallation, construction, design, repair and
maintenance of the facility herein permit-
ted.
SECTION 6. This Ordinance shall be.
come effective and rights hereunder accrue
to John J. and Ethel Beurskens when this
Ordinance has been adopted by the City
Council and the terms and conditions
thereof accepted by permittees by accept-
ance endorsed on this Ordinance.
Special Session, March 25, 1974 163
Passed, approved, and adopted this 25th
day. of March, 1974.
Allan T. Thoma
Mayor
C. Robert Justmann
AIN in F. Lundh
Emil Stackis
James F. Brady
Councilmen
ATTEST:
Leo F. Frommclt,
City Clerk
ACCEPTANCE OF ORDINANCE
NO. 20-74
The undersigned having read and being
familiar with the terms and conditions
of Ordinance No. 20-74 hereby, for them-
selves, their successors or assign, as own-
ers of the abutting property, accept the
same and agree to be bound by the condi-
tions and agreements therein contained
to be performed by permittces.
Dated April 10, 1974
John 1. Beurskens
Ethel Beurskens
Property Owners
Published officially in the Telegraph
Herald this 15th day of April 1974.
Leo F. Frommelt,
City Clerk
It. 4-15
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Richard C. Henschel
requesting attention to the matter
of sewer extension in Thomas Farm
Addn., being in the Kelly Lane
area, presented and read.
Councilman Justmann moved
that the petition be denied. Mo-
tion died for lack of a second.
Mayor Thoms moved that the
petition be referred to the City
Engineer for reconsideration and
report. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Da -6d Barnhart and
Pearl Seeley requesting a refund
of $25, on the unexpired portion
Of cigarette license No. 247, as
they have discontinued business on
3.15.74, presented and read. Mayor
Thoms moved that the refund be
granted and the Auditor instructed
to issue proper warrant. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
March 22, 1974
Honorable Mayor and Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Block 1
of Riverfront Subdivision No. 5,
in the City of Dubuque, Iowa. The
Commission has determined that
the plat is an appropriate design
for this area, and has recommend-
ed that it be approved.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 92.74
WHEREAS, there has been pre-
sented to the City Council of the
City of Dubuque, plat, dated March
16, 1974, prepared by Bartels, Mc-
Mahan, LeMay, Haas and Fay, civil
engineers and land surveyors, cov-
ering Block 1 "River Front Sub.
division No. 5" in the City of
Dubuque, Iowa; and
WHEREAS, said plat conforms
to the laws and statutes pertaining
thereto;
WHEREAS, the Planning and
Zoning Commission of the City of
Dubuque, Iowa, has approved said
plat;
NOW '11IERE-FORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IO-
WA:
Section 1. That the plat dated
March 16, 1974, prepared by Bar-
tels, McMahan, LeMay, Haas and
Fay, licensed civil engineers and
land surveyors, covering the real
estate hereinabove described, be
and the same is hereby approved
and that the Mayor and City Clerk
be and they are hereby authorized
and directed to execute said plat
for and on behalf of the City of
Dubuque, Iowa.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to file said plat and
164 Special Session, March 25, 1974
certified copy of this Resolution
in the office of the Recorder in
and for Dubuque County, Iowa.
Passed, approved and adopted
this 25th day of March, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Maybr Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 93.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Nachtman Tire Co., MyCap Vend-
ors, Inc., 7th & Bluff St.
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plication be approved.
Passed, adopted and approved
this 25th day of March 1974,
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
RESOLUTION NO, 94.74
WHEREAS, application for Beer
permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
ordinances of the. City.
CLASS "C" BEER PERMIT
Palmer Drug Co., 2600 Dodge
Street
Will -Co., Inc., dba Oky Doky #10,
805 West 5th St.
Passed, adopted and approved
this 25th day of March 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 95-74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the Ordinances of this City and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Palmer Drug Co., 2600 Dodge
Street
Will -Co., Inc., dba Oky Doky #10,
805 West 5th St.
Passed, adopted and approved
this 25th day of March 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
Special Session, March 25, 1974 165
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, CT undh,
ucil-
men Brady, Justmann,
Stackis,
Nays—None.
RESOLUTION NO. 96.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa,
that
thefollowing app
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL
BEER AND LIQUOR LICENSE
George D. Sorensen and Mary 1,011
Sorensen, dba Cardinal Tap,
1105 University Ave.
Passed, adopted and approved
this 25th day of March 1974.
Allan T. Thorns
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 97.74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
George D. Sorensen and Mary Lou
Sorensen, dba Cardinal Tap,
1105 University Ave.
Passed, adopted and approved
this 25th day of March 1974.
Allan T. Thorns
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of YMCA -YWCA
requesting a coordinating meeting
with City Manager's staff to final.
ize position and details on Youth
in Government program for April
22. 23, and 24th, presented and
read. Councilman Stackis moved
that the communication be referred
to the City Manager. Seconded by
Mayor Thorns. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Justmann, Lundh, Stackis.
Nays—None.
Abstained — Councilman Brady.
Communication of U. S. Corps
of Engineers, addressed to the
Mayor, submitting an inspection
report and map setting forth the
results of the inspection of Du-
buque Flood Protection Works,
presented and read. Councilman
Justmann moved that the commu-
nication be referred to Engineer-
ing and a copy of corrective meas-
ures to be taken be sent to the
Council. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of N. W. Bell Telephone
Co. requesting permission to cut
into a portion of a ten year street
along Central Avenue at 17th and
19th Streets, presented and read.
Mayor Thorns moved that the peti-
tion be approved. Seconded by
166 Special Session, March 25, 1974
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
Communication of Illinois De-
partment of Transportation by
Langhorne Bond, withholding con-
currence by the State of Illinois
in any proposal that would reim-
pose tolls on the Julien Dubuque
Bridge, presented and read. Mayor
Thorns moved that the City Alan -
ager be instructed to respond to
the letter of Illinois Department
of Transportation, Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
Communication of Cent M. Wit-
tenberg, Urban Renewal Director,
requesting adoption of resolutions
to correct legal description in
former sale of property to R. & S.
Enterprises Inc., presented and
read. Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 98.74
Declaring intent to sell a por.
tion of the Downtown Renewal
Project, Iowa R-15, to R. & S.
Enterprises, Inc.
WHEREAS, under date of March
19, 1973 and April 30, 1973, the
Council of the City of Dubuque
adopted Resolutions No. 90-73 and
148.73 respectively, both of which
approved and authorized the re-
ceipt of proposals for the sale and
redevelopment of a certain parcel
of real estate in the Downtown
Urban Renewal Project, Iowa R-15;
and
WHEREAS, pursuant to said res.
olutions, a notice of Invitation for
Proposals was published in The
Telegraph -Herald, a newspaper of
general circulation in the City of
Dubuque, Iowa, on April 4, 1973,
April 17, 1973, May 8, 1973 and
May 15, 1973; and
WHEREAS, in response to said
offering, a proposal for the pur-
chase and redevelopment of the
real estate was received from
R. & S. Enterprises, Inc.; and
WHEREAS, pursuant to Chapter
403 of the Code of Iowa, as amend.
ed to date, and certain regulations
of the United States Department
of Housing and Urban Develop•
ment, certain documents must be
made available for public inspec-
tion and a public hearing conduct.
ed; now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Du-
buque hereby declares its intent,
after a public hearing, to dispose
of:
Lot 1 of Block 6, except the
North 15 feet thereof and ex-
cept the South 65 feet thereof:
and Lot 3 of Block 6 in Du-
buque Downtown Plaza in the
City of Dubuque, Dubuque
County, Iowa, also known as
Disposition Parcel 1-lA in the
Downtown U r b a n Renewal
Project, Iowa R-15, containing
7,969.929 square feet
to R. & S. Enterprises, Inc., in
accordance with the terms and
conditions of the Iand Marketing
Documents governing such sale on
file in the office of the said De-
partment of Housing and Redevel-
opment.
, Section 2. That the City Clerk
be and he is hereby authorized
and directed to publish notice of
public hearing to be held on April
29, 1974 and to make certain docu-
ments available for public inspec-
tion. Such notice shall be substan-
tially in the form of "Exhibit A"
attached hereto and made a part
hereof and such notice may cover
one or more proposals.
Passed, approved and adopted
this 25th day of March, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
LEGAL NOTICE OF HEARING
Pursuant to Chapter 403 of the
1966 Code of Iowa, as amended.
the City Council of the City of
Special Session, March 25, 1974 167
DubugUe will hold a public hear-
ing for the purpose of considering
the authorization of the execution
of proposed agreements by and
between the City of Dubuque and
the Bevelhereinafter andedevelop
for the purchase
men, of certain parcels of real
estate located in the Downtown
Urban Renewal Project, Iowa R-15,
which project includes the area
bounded by Fourth Street on the
south, Central Avenue on the east,
Ninth Street on the north, and
Locust Street on the west, de-
scribed as follows:
Lot 1 of Block 6, except the
North 15 feet theerof and ex-
cept the South 65 feet there-
of; and Lot 3 of Block 6 in
Dubuque Downtown Plaza in
the City of Dubuque, Dubuque
County, Iowa, also known as
Disposition Parcel 1-1A in
the Downtown Urban Renewal
Project, Iowa R-15, containing
7,969.929 square feet;
Name of Developer
R. & S. Enterprises, Inc.
Addreu
485 Central Avenue
Dubuque, Iowa.
Said hearing will be held in
Council Chambers, City Hall, 13th
and Iowa Streets, Dubuque, Iowa,
at 7:30 P.M. on the 29th day of
April, 1974, and any person or
organization desiring to be heard
will be given an opportunity to be
heard on the question of the pro-
posed dispositions.
A " Redeveloper's Statement for
Public Discloseure" in the form
prescribed by the Department of
Housing and Urban Development
and the proposed "Disposition
Agreement" for said developer is
on file and available for inspec-
tion at the office of the City Clerk,
City Hall, Dubuque, Iowa between
8:00 A.M. and 5:00 P.M. except
Saturdays, Sundays and holidays.
Said documents shall also be avail-
able at the time of the public
hearing.
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lindh,
Stackis.
Nays—None.
Communication of Gent M. Wit-
tenberg requesting that the Mayor
be authorized to execute a "let-
ter of Intent" on behalf of the
City of Dubuque for delivery to
the appropriate Federal office on
the Revised Section 23 Leased
Housing Program, presented and
read. Councilman Stackis moved
approval of the request. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Peoples Nat-
ural Gas advising of reduction of
rates for natural gas service ef-
fective on and after March 26,
1974, amounts reflecting the dif-
ference between the reduced rates
and the previous rates billed since
December 5, 1971, presented and
read. Mayor Thoms moved that
the communication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Brady moved that
the Health Department be instruct-
ed to do an in depth study of a
rat problem ,41legedly existant in
the area from First to Fourth
Street and Locust and Central and
also the Harbor area be cleaned
up. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
At 10:00 P.M. Councilman Stack -
is moved to go into an executive
session to discuss a pending law
suit against the City. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
The Council reconvened in reg-
ular session at 10:25 P.M. with an
announcement by the City Attor-
ney that the City Council went
into Executive session to deliberate
on matters presented by the City
Attorney pertaining to a pending;
law suit where Manager and Coun-
188 Special Session, Mamh 25, 1974
cil are defendants against Toom,
Clark and Hogan.
There being no further business
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thorns, Council
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk.
Approved August 5, 1974
Adopted August 5, 1974
Councilman
Regular Session, April 1, 1974 169
CITY COUNCIL'
OFFICIAL.
Regular Session, April 1, 1974.
Council met at 7:30 P.M. (C.D.TJ
Present - Mayor Thoms, Council-
men Manager Gilbert nD. Ch efn-
City
elle. Absent - Councilman Lundh.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this is the
REGULAR MONTHLY MEETING
of the Council called for the pur-
pose of acting upon such business
as may properly come before the
meeting.
Communication of Illinois De-
partment of Transportation extend-
ing an invitation to attend a one -
day Air Quality Workshop in
Springfield on April 11, 1974, pre-
sented and read. Councilman Just -
mann moved that the communica-
tion be received and filed and re-
ferred to the City Manager and
Health Department. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Communication of Merchants
Mutual Bonding Co. submitting
their Fidelity and Surety Certifi-
cate of Authority to transact busi-
ness in the State, presented and
read. Mayor Thoms moved that
the communication be received
and filed. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Communication of Low Rent
Housing Submitting minutes of
their meetings of March 19th, and
25th, 1974, presented and read.
Mayor Thoms moved that the min-
utes be received and filed. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
March 27, 1974
Honorable Mayor and
City Council
In regard to the Rock Island
Corps of Engineers' communica-
tion of March 20 informing the
city of various deficiencies con.
cerning our flood protection
works, I would like to report the
following correctional procedures.
1. The Dubuque Twine Company
has been informed to remove the
cable from the gate hinge and not
use this method of tieing up
barges in the future.
2. The brush noted on the slopes
between 16th Street and Haw-
thorne Street will be trimmed out
this summer. We started this pro-
ject at 16th Street and were work-
ing north with youth corps boys
last summer and will continue this
summer.
3. The oilers and fittings on all
pumps will be tightened to stop
leakage before the week is up, and
the area around the pumps spot-
lessly cleaned.
4. Where railroad tracks or
pipes extend through gates in the
floodwall, they are all constructed
in such a way as to allow remov-
ing these sections to shut the
gates. Any gravel fill through the
gates, of course, could easily be
removed prior to shutting them.
John L. White, P.E.
City Engineer
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
March 28, 1974
Honorable Mayor and Members
of the City Council
I have approved the following
bonds and policies for filing, sub.
ject to approval of the City At-
torney, and desire to have your
approval on same.
GENERAL LIABILITY POLICY
A-1 Plumbing Cooling & Heating
Co. Inc. Tiansamerica Insurance
Group. Workman Comp -Premier
# 3 W C3145227 -G. L. "120032 12-
5-73 to 12-5-76.
SIDEWALK CONSTRUCTION
BONDS
Raphael H. Strub, Bond No. 29394
dated April 6, 1974, Midwestern
Casualty & Surety Co.
Conlon Construction Co. Bond No.
S. 716723, dated March 26, 1974.
170 Regular Session, April 1, 1974
Northwestern National Insur.
awe Co. of Milwaukee.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that filing
be approved subject to approval
of City Attorney. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Playground & Recreation Com-
mission submitting minutes of
their meetings of March 18th and
March 25th, 1974, presented and
read. Mayor Thoms moved that
the minutes be received and filed,
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Communication of State of Iowa
Office for Planning & Program-
ming advising that approval of a
five county Area VIII will be
given upon receipt of documenta-
tion of County and City Govern-
ments representing 75`0 of total
population residing in Cedar, Clin-
ton, Delaware, Dubuque & Jackson
Counties, presented and read. Ma-
yor Thoms :roved that the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Communication of Town of As-
bury submitting resolution as be-
ing opposed to the County Home
area as a sanitary landfill site,
presented and read. Mayor Thoms
moved that the communication be
received and filed. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays—None.
Absent.—Councilman Lundh.
March 29, 1974
Honorable Mayor and
City Council
On November 16, 1973, Margaret
J. Sawveil, 20 West 18th Street,
Dubuque, Iowa, filed claim against
the City of Dubuque in the amount
of $58.00 for personal injuries al-
legedly suffered by her on Octo-
ber 15, 1973 as a result of catch-
ing her heel in a hole in the
sidewalk at the landing of the 18th
Street steps in the City of Du.
buque, Iowa.
This matter was referred to the
City Attorney who has made an
investigation thereof and has con.
ferred with the claimant who
finds she incurred medical ex-
penses in the amount claimed for:
claimant has made an offer of set,
Clement of this matter in the
amount of $58.00 and it is recom.
mendation of the City Attorney
that said offer of settlement be
accepted and that the City Audi.
tor be directed to draw warrant
payable to Nlargaret J. Sawvell
in the amount of $58.00 and trans
mit same to the City Attorney for
delivery upon receipt of duly exe-
cuted release. Original claim is
returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved the recom-
mendation be approved. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Notice of Suit of John C. & Mary
Wagner in the amount of $180,000.
Elmer Erner, jointly and sever-
ally
everally against the City of Dubuque
for personal injuries received as
the result of being struck by a
car driven by Elmer Exner in the
crosswalk at 18th & Elm on De-
cember 28, 1973. Mayor Thoms
moved the notice be referred to
the City Attorney for proper pro-
ceedings. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
February 22, 1974
Honorable Mayor and
City Council
At the meeting of the City Coun-
cil on the 11th day of February,
1974, the City Attorney was direct-
ed to prepare an amendment to
the Zoning Ordinance relating to
educational institutions as well as
clubs and lodges.
This is to certify that I have
transmitted a proposed form of
ordinance to Mr. Dittemore for
Regular Session, April 1, 1974 171
consideration by the Planning
Conuaission.
I have filed a copy thereof with
the City Clerk on this date and
herewith hand you a copy of said
Ordinance.
R. N. Russo
City Attorney
ylayor Thoms moved the commu-
nication Councilman d
Sec-
onded byy Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
AN ORDINANCE Amending Or-
dinance 3-34 known as the 'Zon-
ing Ordinance and Zoning Map of
the City of Dubuque, Iowa;' by
repealing Section 1 of Article II
and enacting a new section 1 of
Article II in lieu thereof limiting
the extension of educational. re-
ligious or philantrophic uses and
limiting the extension of club,
lodge or community center uses,
presented and read. Mayor Thoms
moved the ordinance be received
and filed and acknowledgement of
referral to the Planning and Zon-
ing Commission be noted. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Councilman Brady moved that
the rules he suspended in order to
let anyone present address the
Council if they so desired. Second-
ed by Councilman Justmann. Car-
ried by the iullowing vote:
Yeas — Councilmen Brady, Dust-
man, Stackis.
Nays—Mayor Thoms.
Absent --Councilman Lundh.
Attorney Joseph Bitter, repre-
senting group around Brammers,
addressed the Council.
Petition of Peoples Natural Ga
requesting permission to excavate,
on Loras near Adair, presented
and read. Mayor Thoms moved ap-
proval of the petition subject t
the approval of City Engineer. Sec
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Stackis.
Nays.—None.
AGsent--{ ouncilman Lundh.
Petition of Peoples Natural Ga
requesting permission to excavat
on Rhomberg at. Shiras and Farra.
gut, presented and read, Mayor
Thoms moved approval of the pe-
tition subject to the approval of
the City Engineer. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Petition of Leroy Weidemann et
al (33 signers) requesting repair of
Asbury Street from Carter Road
to J.F.K. Road, presented and
read. Mayor Thoms moved the pe-
tition be referred to the Engineer-
ing Department. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis,
Nays—None.
Absent—Councilman Lundh.
Petition of A -OK Yellow Cab
Company requesting 204 more on
the flag drop which is presently
at 704, also that anyone riding
I alone would pay $2.00 more than
the fare, presented and read. Ma-
yor Thoms moved the petition be
referred to the Transit Authority
for report back by next meeting.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Mrs. Luerskens addressed the
Council in behalf of her petition.
Petition of Loras College re-
questing permission to have a fire-
works display on April 19, 1974,
at the Rock Bowl, presented and
read. Mayor Thoms moved the pe-
tition be referred to the City Man-
ager and the Fire Chief. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
s men Brady, Justmann, Stackis.
N ays--N one.
I Absent ---Councilman Lundh.
Petition of James M. Majerus,
o requesting a refund of $211.25 on
beer liquor license, as he discon-
tinued business on February 25,
1974, presented and read. Mayor
Thoms moved approval of the pe-
tition. Seconded by Councilman
Stackis. Carried by the following
vote:
s Yeas — Mayor Thoms, Council -
e men Brady, Justmann, Stackis.
172 Regular Session, April 1, 1974
Nays --None.
Absent—Councilman Lundh.
Communication of Dubuque
County Municipal League submit-
ting a resolution which would dis•
solve the League and all business
be transacted by the Area Coun-
cil of Governments, presented and
read. Councilman Stackis moved
the communication be received
and filed. Seconded by Council-
man Justmann. Carried by the fol-
lowing note:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
RESOLUTION NO. 99-74
WHEREAS: the Dubuque Coun-
ty Municipal League, which has
functioned as a means of exchang-
ing ideas by the member cities
thereof, since adoption of by-laws
on April 10, 1963, and
WHEREAS: said organization
has had no power to in any way
consolidate purchasing or offer fi-
nancial or mutual aid to member
cities and that its function has
become primarily social, and
WHEREAS: the Area Council
of Governments which has been
formed in recent years, does offer
the foregoing and that all member
cities of the Dubuque County Mu
nicipal League are also members
of the Area Council of Govern.
ments, and
WHEREAS, the officers and ma-
jority of the membership of the
Dubuque County Municipal League
are in accord that this League no
longer serves a purpose advantage-
ous to the members and that the
Area Council of Governments does,
THEREFORE BE IT RESOLVED:
that as of April 17, 1974, the Du-
buque County Municipal League
be dissolved and by adoption of
this resolution is dissolved,
BE IT FURTHER RESOLVED:
that the Secretary. -Treasurer of the
Dubuque County Municipal League,
be instructed to transfer the re-
maining funds, to the Secretary
Of the Area Council of Govern-
ments for whatever use they may
deem advisable.
Passed, adopted and approved
this 1st day of April, 1974.
Allan T. Thorns
Attest: Mayor
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Sec-
onded by Mayor Thorns. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
March 13, 1974
To the Honorable Mayor
and City Council
I hereby submit the attached
sheets No. 1 to 6, inclusive, show•
ing a schedule of the proposed
valuations and assessments for the
City of Dubuque 1974 ASPHALT
PAVING PROJECT NO. 1.
Submitted April 1, 1974.
John L. White, P.E.
City Engineer
Councilman Justmann moved
the communication be received
and filed. Seconded by Mayor
Thorns. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absen_ t—Colineilrnan Lundh,
RESOLUTION NO. 100.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the attached
sheets No. 1 to 6, inclusive, are
hereby determined to be the
schedule of proposed assessments
for the City of Dubuque 1974 AS-
PHALT PAVING PROJECT N0. 1,
and the valuations set out therein,
are hereby approved.
Adopted this 1st day of April,
1974.
Allan T. Thorns
Mayor
C, Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
RESOLUTION NO. 101.74
Approval of Preliminary esti-
mate, proposed plans, specifica-
tion, form of Contract, Plat, and
Regular Session, April 1, 1974 173
all other documents for Construc-
tion of City of Dubuque 1974 As-
phalt Paving Project No. 1 on the
following named streets:
1. Algona S
of Graceh
St. to et N.P.L. of
St. Joseph St.
2. Asbury Road iohn F. Ken-
nedy Rd. intersection, recon-
struction and signalization.
3. Bicycle Path -from Terminal
Street to the south end of the
floodwall.
4. Bluff St. -from the S.P.L. of
Eighth St. to the S.P.L. of
Jones St.
5. Blackhawk Dr. -from the S.P.
L of Fox Dr. to the south end
of the street..
6. Fox Dr. -from the E.P.L. of
Rockdale Rd. to the east end
of the street.
7. Loras Blvd. - Nowata Street
intersection reconstruction.
8. Meggan Dr. -from the E.P.L.
of Bonson Rd. to the W.P.L.
of Dove Street.
9. Parking lot at the: southeast
corner of Tenth and Bluff
Streets.
10, Princeton Place -from the E.
P.L. of Devon Dr. to the S.P.
L. of Mineral St.
11. Stewart St. -from the N.P.L.
of Delhi Street to the S.P.L.
of University Ave.
12. Stoneman Rd. -from the W.
P.L. of John F. Kennedy Rd.
to the W.P.L. of Lot 1.1-1-1 of
Hawkeye Stock Farm,
13. East Twenty-fourth St -from
E.P.L. of Jackson St. to the.
C.G.W. Railroad tracks.
14. East Twenty-ninth St. and
Lawther St. from the E.P.L.
of Pinard St. to the S.P.L. of
Brunswick Street.
15. Woodworth St. -from the N.
P.L. of Clarke Dr. to the S.P.
L. of Lowell Street
In the i:stimated amount of
$250,321.84, presented andread.
Councilman Justmann moved the
resolution adopted. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays -None.
Absent -Councilman Lundh.
(Necessity for Improvement)
RESOLUTION NO. 102.74
WIIEIU,AS, proposed plans,
Specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The Assessment limits if any.
2. The streets to be improved.
3. The width of such improve-
ment.
4. Each lot proposed to be as-
sessed together with a valua-
tion fixed by the council.
5. An estimate of the cost of
the proposed improvement,
stating the same for each dif-
ferent type of construction
and kind of material to be
used.
6. In each case the amount
thereof which is estimated to
be assessed against each lot,
for the
CITY OF DUBUQUE 1974
ASPHALT PAVING PROJECT
NO. 1
1, Algona St. -from the S.P.L.
of Grace St. to the N.P.L. of
St. Joseph St.
2. Asbury Road -John F. Kenne-
dy Rd. intersection, recon-
struction and signalization.
3. Bicycle Path --from Terminal
Street to the south end of the
floodwall.
4. Bluff St. -from the S.P.L. of
Eighth St. to the S.P.L. of
Jones St.
5. Blackhawk Dr. -from the S.
P.L. of Fox Dr. to the south
end of the street.
6. Fox Dr. --from the E.P.L. of
Rockdale Rd. to the east end
of the street.
7. Loras Blvd.-Nowata Street in-
tersection reconstruction.
8. Meggan Dr. -from the E.P.L.
of Bonson Rd. to the W.P.L.
of Dove Street.
9. Parking lot at the southeast
corner of Tenth and Bluff
Streets.
10. Princeton Place --from the E.
P.L. of Devon Dr. to the S.P.
I, of Mineral St.
11. Stewart St. -from the N.P.L.
of Delhi Street to the S.P.L.
of University Ave.
12. Stoneman Rd. -from the W.P.
L. of John F. Kennedy Rd.
to the W.P.L. of Lot 1-1.1-1
of Hawkeye Stock Farm.
13. East Twenty-fourth St. -from
E.P.L. of Jackson St. to he
C. G. W. Railroad tracks.
174 Regular Session. April 1, 1974
I& East Twenty-ninth St. and
Lawther St from the E.P.L.
of Pinard St. to the S.P.L of
Brunswick Street.
IS. Woodworth St.—from the N.
P.L. of Clarke Dr. to the S.
P.L of Lowell Street
B8 IT THF,REFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it achisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plAns and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording W area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the Road Use Tax
Fund. Street bonds shall be issued
and sold in anticipation of de-
ferred payments of assessments
when a contract has been per.
formed and accepted and the pro.
ceeds thereof used to pay the con.
tractor. The railway portion of any
street or assessment district shall
be assessed to and paid by the
railway company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 1st day of April, 1974.
Approved and placed on file for
final action_
Apwoved:
Allan T. Thorns
Mayor
C. Robert Just nann
Emil Stackis
.lames E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman .lustmann moved
adoption of the resolution. Second,
ed by Councilman Brady. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Brady. JuE.tmann, Stackis.
Nays --None.
Ahsent—Councilman Lundh.
(Fixing date of hearing)
RESOLUTION NO. 103-74
WHEREAS, the City Council of
the City of hubuque, Iowa, has by
Resolution No. 101-74 Riven its pre.
liminary approval on the proposed
plans, specifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the construe.
tion of:
CITY OF DUBUQUE 1874
ASPHALT PAVLNG
PROJECT NO. 1:
1. Algona St.—from the S.P.L.
of Grace St. to the N.P.L. of
St. Joseph St.
2. Asbury Road—John F. Ken-
nedy Rd. intersection, recon-
struction and signalization.
3. Bicycle Path --from Terminal
Street to the south end of the
floodwall.
4. Bluff St.—from the S.P.L. of
Eighth St. to the S.P.L. of
Jones St.
5. Blackhawk Dr.—from the S.
P.L of Fox Dr. to the south
end of the street.
6. Fox Dr.—from the E.P.L. of
Rockdale Rd. to the east end
of the street
7. Loras Blvd.—Nowata Street
intersection reconstruction.
8. Meggan Dr.—from the E.P.L.
of Bonson Rd. to the W.P.L.
of Dove Street.
9. Parking lot at the southeast
corner of TenW and Bluff
Streets;
10. Princeton Place — from the
E.P.L. of Devon Dr. to the
S.P.L. of Mineral St.
11. Stewart St.—from the N.P.L.
of Delhi Street to the S.P.L.
of Univer6ity Ave.
12. Stoneman Rd. --,from the W.
P.L. of John F. Kennedy Rd.
to the W.Y.L. of Lot 11.11
of Hawkeye Stock Farm.
13. East Twenty-fourth SL—from
E.P.4 of Jackson St. to the
C. G. W. Railroad tracks.
Regular Session, April 1, 1974 175
14. East Twenty-ninth St. and
Lawther St. from the E.P.L.
of Pinard St, to the S.P.L. of
Brunswick Street.
15. Woodworth St.—from the N.
P.L. of Clarke Dr. to the S.
p.L, of Lowell Street, and
Reno -
WHEREAS, the Proposed
lation of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspec-
tion.
BE IT TILEREFORE RF,SOLVED
that on the 29th d y of April
held T4.
at
a public hearingwill
7:30 o'clock P.M. CDT in the Coun-
cil Chamber in the City of Du-
buque at which time the owners
of property subject to assessment
for the proposed improvement
may appear and make objection to
the proposed Plans and specifica.
tions and proposed form of con-
tract and at the same time to the
boundaries of the proposed dis-
trict, to the cost of the improve-
ment, to the amount proposed to
be assessed against any lot and
to the passage of the proposed
Resolution of Necessity and the
City Clerk be and he is hereby di-
rected to cause a notice of the
titre and place of such hearing to
be published in some newspaper
published in the city of Dubuque,
the last of which shall be not less
than two (2) nor more than (4)
weeks prior to the day fixed for
its consideration and unless prop-
erty owners at the time of final
consideration of said resolution
have on file with the Clerk objec-
tions to the amount of the pro-
posed assessment, they shall have
been deemed to have waived all
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 1st day of April, 1974.
Allan 7'. Thorns
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays--None-
Absent--Councilman Lundh.
April 1, 1974
To the Honorable Mayor
and City Council
1 hereby submit the City of Du-
buque 1974 Concrete Paving with
Integral Curb Project No. 1 Con-
tract No. 2 P.C. Concrete Paving
and Buildings Removal.
Submitted April 1, 1974.
Respectf fully,
John L White, PXL
City Engineer
Mayor Thoms moved the com-
munication be received and filed
Seconded by Councilman Just.
mann. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann Stackis.
Nays --None.
Absent—Councilman Lundh.
RESOLUTION NO. 104,74
Approval of Preliminary esti-
mate, proposed plans, specifica-
tions, form of Contract, Plat, and
all other documents for Construe -
tion of City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 1 on Tenth Street
from Locust Street to Bluff St.
and intersection of 9th and Bluff
Streets, Contract No. 2 P.C, Con.
crete Paving and buildings remov-
al in the estimated amount of
$46,764.00, presented and read.
Councilman Justmann moved adOP-
tion of the resolution. Seconded by
Mayor Thorns. Carried by the fol-
lowing vote:
Yeas -- Mayor Thorns, Council.
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
(Necessity for Improvement)
RESOLUTION NO. 105.74
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The streets to be improved.
2. The width of such improve-
ment, and the size and kind
of sewers.
3. An estimate of the cost of
the proposed improvement,
176 Regular Session, April 1, 1974
stating the same for each dif-
ferent type of construction
and kind of material to be
used. The City of Dubuque
1974 Concrete Paving with In-
tegral Curb Project No. 1
Tenth Street from Locust
Street to Bluff Street and
intersection of 9th and Bluff
Streets. Contract No. 2 P.C.
Concrete Paving and build-
ings removal.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res•
olution have on file with the City
Clerk objections they shall be
deemed to have waived all objec-
tions thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there.
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve.
ment will be paid out of the R.U.
T. Fund.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 1st day of April, 1974.
Approved and placed on file fot
final action.
Approved:
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second.
ed by Mayor Thorns. Carried by
the following vote:
Yeas — Mayor Thorns, council.
men Brady, .iustmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
(Fixing date of hearing)
RESOLUTION NO. 106.74
WHEREAS, the City Council of
the Ciiy of Dubuque, Iowa, has by
Resolution No. 104-74 given its
preliminary approval on the pro.
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for
the construction of: The City of
Dubuque 1974 Concrete Paving
with Integral Curb Project No. 1
Tenth Street from Locust Street
to Bluff Street and intersection of
9th and Bluff Streets. Contract
No. 2 P. C. Concrete Paving and
buildings removal and,
WHEREAS, the proposed Resp
lution of Necessity for said im.
provement has been introduced
and is now on file in the City
Clerk's office for public inspec.
tion.
BE IT THEREFORE RESOLVED
that on the 29th day of April 1974,
a public hearing will be held at
7:30 o'clock Y.M. CDT in the Coun.
cil Chamber in the City of Du-
buque at which time the owners
of property subject to assessment
for the pr.,posed improvement
may appear and make objection
to the proposed plans and specifi-
cations and proposed form of con-
tract and at the same time to the
boundaries of the proposed dis.
trict, to the cost of the improve-
ment, to the amount proposed to
be assessed against any lot and to
the passage of the proposed resolu-
tion of Necessity and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be pub-
lished in some newspaper pub-
lished in the city of Dubuque, the
last of which shall be not less
than two (2) nor more than (4)
weeks prior to the day fixed for
its consideration and unless prop-
erty owners at the time of final
consideration of said resolution
have on file with the Clerk objec-
tions to the amount of the pro-
posed assessment, they shall have
been deemed to have waived all
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 1st day of April. 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Regular Session, April 1, 1974 177
Attest:
Leo F. Frnmmelt
City Clerk
Councilman Justmann moved
adoption of
he resolution. Sec.
onded by Mayor Thorns. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
April 1, 1974
To the Honorable Mayor
and City Council
I hereby submit the City of Du-
buque 1974 Concrete Paving with
Integral Curb Project No. 1 Con-
tract No. 1 Traffic Signals and
Signing.
Submitted April 1, 1974.
Respectfully,
John L. White, P.E.
City Engineer
Councilman Justmann moved
the communication be received
and filed. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
RESOLUTION NO. 107.74
Approval of Preliminary esti-
mate proposed plans, specifica•
tions, form of Contract, plat, and
all other documents for Construc-
tion of City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 1 on Tenth Street from
Locust Street to Bluff Street and
intersection of 9th and Bluff
Streets, Contract No. 1, Traffic
Signals and Signing in the esti-
mated amount of $26,266.00, pre-
sented and read. Councilman Just•
mann moved adoption of the reso-
lution. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman I.undh.
(Necessity for Improvement)
RESOLUTION NO, 10874
WHEREAS, proposed plans
specifications, form of contract.
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
Of the City Clerk showing among
other things the following:
1. The streets to be improved
2. The width of such improve-
ment, and the size and kind
of sewers.
3. An estimate of the cost of
the proposed improvement.
stating the same for each dif-
ferent type of construction
and kind of material to be
used.
The City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project. No. 1 Tenth Street from
Locust Street to Bluff Street and
intersection of 9th and Bluff
Streets. Contract No. 1, Traffic
Signals and Signing.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections, they shall be
deemed to have waived all objec.
tions thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid out of the R.U.
T. Fund.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 1st day of April, 1974.
Approved and placed on file for
final action.
Approved:
Allan T. Thoms
Mayor
C. Robert. Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
approval of the resolution. Second-
ed by Mayor Thoms. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
(Fixing dote of hearing)
178 Regular Session, April 1,
RESOLUTION NO. 10944
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 107-74 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for
the construction of: The City of
Dubuque 1974 Concrete Paving
with Integral Curb Project No. 1,
Tenth Street from Locust Street to
Bluff Street and intersection of 9th
and Bluff Streets. Contract. No 1,
Traffic Signals and Signing and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerks' office for public inspection.
BE IT THEREFORE RESOLVED
that on the 29th day of April 1974,
a public hearing will be held at
7:30 o'clock P.M. CDT in the Coun-
cil Chamber in the City of Du-
buque at which time the owners of
property subject to assessment for
the proposed improvement may ap-
pear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of Ne
cessity and the City Clerk be and
he is hereby directed to cause: a
notice of the time and place of
such hearing to be published in
some newspaper published in the
city of Dubuque, the last of which
shall be not less than two (2) nor
more than (4) weeks prior to the
day fixed for its consideration and
unless property owners at the
time of final consideration of said
resolution have on file with the
Clerk objections to the amount of
the proposed assessment, they
shall have been deemed to have
waived all objections thereto, at
which hearing the Council will
hear such objections and enter on
record its final decision thereon.
Passed, adopted and approved
this 1st day of April, 1974.
Allan T. Thorns
Mayor
C. Hobert Justmann
Emil Stackis
James I- Brady
Councilmen
Attest:
Leo F. 1
City C
Councilman jusimann moved
adoption of the resolution. Second.
ed by Mayor Thorns. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh,
March 21, 1974
To the Honorable Mayor
and City Council
I hereby submit the City of Du.
buque 1974 CONCRETE PAVING
with DrrEGRAL CURB PROJECT
NO. 2.
Submitted April 1, 1974.
John L. White, PB.
City Engineer
Councilman .Justmann moved
the communication be received
and filed. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays—None
Absent—Councilman Lundh.
RESOLUTION NO. 110.74
Approval of Preliminary esti-
mate proposed plans, specifica-
tions, form of Contract, plat and
all other document-, for construc-
tion of City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 2 on the following
named streets:
I. Dodge Street — Grandview
Avenue Intersection reconstruc-
tion and signalization.
2. Ninth St., Eighth St., Hill St.,
Universitv Intersection reconstruc-
tion, in the estimated amount of
$205,472.80, presented and read.
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays–Mone.
Absent—Councilman Lundh.
(Necessity for ImproyemW)
RESOLUTION NO. 111-74
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
Regular Scssion, April 1, 1974 179
I The streets to be improved.
2. The width of such improve-
ment, and the size and kind
of sewers.
3. An estimate of the cost of
the proposed improvement,
stating the of construe a tion
cif-
onstruction
type
and kind of material to be
used.
The City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 2.
I Dodge Street — Grandview
Avenue intersection reconstruction
and signalization.
2. Ninth Street, Eighth Street,
Hill Street and University Avenue
Intersection reconstruction.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk, they shall be deemed to
have waived all objections there-
to.
Said improvements shall be
constructed and done in accord-
ance with the plans and specifica-
tions which have been prepared
therefore by the City Engineer
which have been approved by the
City Council and are now on file
with the City Clerk. That the cost
and expense of making said im-
provement will be paid out of R.
U.T. Fund, Utilities Fund.
The above resolution was intra
duced, approved and ordered
placed on file with the City Clerk
this 1st day of April, 1974.
Approved and placed on file for
final action.
Approved:
Allan T. Thorns
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilmen Justmann. Carried by the
following volae:
Yeas — Mayor Thorns, Council-
man Brady, J ustmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
(Fixing date of hearing)
RESOLUTION NO. 112.74
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 110-74 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for the
construction of: City of Dubuque
1974 Concrete Paving with Inte-
gral Curb Project No. 2:
1. Dodge Street — Grandview
Avenue Intersection — reconstruc.
tion and signalization.
2. Ninth Street, Eighth Street,
Bill Street and University Avenue
Intersection Reconstruction, and,
WHEREAS, the proposed Reso
lution of Necessity for said im•
provement has been introduced
and is now on file in the City
Clerk's office for public inspec-
tion.
BE IT THEREFORE RESOLVED
that on the 29th day of April 1974,
a public hearing will be held at
7:30 o'clock P.M. CDT in the Coun-
cil Chamber in the City of Du-
buque at which time the owners
of property subject to assessment
for the proposed improvement may
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk be and
he is hereby directed to cause a
notice of the time andplace of
in
such hearing to be published
some newspaper published in the
city of Dubuque, the last of which
shall be not less than two (2) nor
more than (4) weeks prior to the
day fixed for its consideration and
unless property owners at the time
of final consideration of said res-
olution have on file with the Clerk
objections to the amount of the
proposed assessment, they shall
leave been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
abjectlons and enter on record its
final decision thereon.
180 Regular Session, April 1, 1974
Passed, adopted and approved
this 1st day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
RESOLUTION NO. 113-74
WHEREAS, there has been pre-
sented to the City Council of the
City of Dubuque, vacation plat,
dated February 18, 1974, prepared
by Cullen, Kilby, Carolan & Asso-
ciates, P. C., civil engineers and
land surveyors, covering 5 foot
wide public utility easement in
Lot 4 and Lot 5 in Cli-Que, Inc.
No. 2 Addition in the City of Du-
buque, Iowa; and
WHEREAS, said plat conforms
to the laws and statutes pertain-
ing thereto;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section I. That the vacation plat
dated February 19, 1974, prepared
by Cullen, Kilby, Carolan & Asso.
ciates, P. C., licensed civil engi-
neers and land surveyors, cover-
ing the real estate hereinabove de-
scribed, be and the same is hereby
approved and that the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
said plat for and on behalf of the
City of Dubuque, Iowa.
Section 2: That the City Clerk
be and he is hereby authorized
and directed to file said plat and
certitied copy of this Resolution
in the office of the Recorder in
and for Dubuque County, Iowa.
Passed, approved and adopted
this 1st day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
RESOLUTION NO. 114.74
WHEREAS, all of the property
owners of the lots in Clin-Que,
Inc. No. 2 Addition the City of
Dubuque, Iowa, have filed with
the City Clerk of the City of
Dubuque, Iowa, an agreement for
vacation of the plat dated Feb.
ruary 19, 1974, filed April 10,
1974, in the Office of the Re-
corder of Dubuque County, Iowa,
in Book of Plats Inst. #2569-74;
and
WHEREAS, they desire to va-
cate said plat for the purpose of
extinguishing the 5' utilities ease-
ment in each of said lots shown
thereon; and
WHEREAS, the public utility
companies entitled to use said
easement have consented to said
vacation; and
WHEREAS, Code Sections 409.18
and 409.19 of the 1962 Code of
Iowa provide for the vacation
of plats in this manner;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That said agreement
for vacation of the plat dated Feb-
ruary 19, 1974, filed April 10,
1974, in the Office of the Re-
corder of Dubuque County, Iowa,
in Book of Plats Inst. #2569-74,
be and the same is hereby ap-
proved, and the Mayor and Clerk
are hereby authorized and direct,
ed to endorse the approval of
said plat and to sign the consent
attached to said agreement on be-
half of the City of Dubuque, Iowa.
Passed, adopted and approved
by the recorded roll call vote
this 1st day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Regular Session, April 1, 1974 181
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Year, — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
RESOLUTION NO. 115-74
WHEREAS, there has been pre-
sented to the City Council of the
City of Dubuque, plat, dated Feb-
ruary 19, 1974, prepared by Cul-
len, Kilby, Carolan & Associates,
P.C., civil engineers and land sur-
veyors, covering 5 foot wide utility
easement along the South line of
the North 30 feet of Lot 4 in Clin
Que, Inc. No. 2 Addition in the City
of Dubuque, Iowa; and
WHEREAS, said plat conforms
to the laws and statutes pertain-
ing thereto;
WHEREAS, the Planning and
Zoning Commission of the City
of Dubuque, Iowa, has approved
said plat;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the plat dated
February 19, 1974, prepared by
Cullen, Kilby, Carolan & Asso-
ciates, P.C., licensed civil en-
gineers and land surveyors, cov-
ering the real estate hereinabove
described, be and the same is
hereby approved and that the Ma-
yor and City Clerk be and they
are hereby authorized and direct-
ed to execute said plat for and
on behalf of the City of Du-
buque, Iowa.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to file said plat
and certified copy of this Reso.
lution in the office of the Re-
corder in and for Dubuque Coun-
ty, Iowa.
Passed, approved and adopted
this 1st day of April, 1974,
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
RESOLUTION NO. 116.74
WHEREAS, all of the property
owners of the lots in Clin-Que,
Inc. No. 2 Addition the City of
Dubuque, Iowa, have filed with
the City Clerk of the City of
Dubuque, Iowa, an agreement
for vacation of the plat dated
February 19, 1974, filed April 10,
1974, in the Office of the Record-
er of Dubuque County, Iowa, in
Book of Plats Inst. #2572.74; and
WHEREAS, they desire to va•
cate said plat for the purpose of
extinguishing the 5' utilities ease-
ment in each of said lots shown
thereon; and
WHEREAS, the public utility
companies entitled to use said
easement have consented to said
vacation; and
WHEREAS, Code Sections 409.18
and 409.19 of the 1962 Code of
Iowa provide for the vacation of
plats in this manner;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That said agreement
for vacation of the plat dated
February 19, 1974, filed April 10,
1974, in the Office of the Record-
er of Dubuque County, Iowa, in
Book of Plats Inst. #2572-74, be
and the same is hereby approved,
and the Mayor and Clerk are
hereby authorized and directed
to endorse the approval of the
City of Dubuque upon said agree-
ment for vacation of said plat and
to sign the consent attached to
said agreement on behalf of the
City of Dubuque, Iowa.
Passed, adopted and approved
by the recorded roll call vote this
1st day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
188 Regular Session, April 1, 14174
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved the reso-
lution be adopted. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms. Council-
men Brady, Justman, Stackis.
Nays—None.
Absent --Councilman Lundh.
Communication of Leslie Furu-
seth submitting his resignation as
a member of the Dock Commis-
sion effective April 1, 1974, pre-
sented and read. Councilman Just -
mann moved the resignation be
accepted with regret and a let-
ter of appreciation for services
rendered be sent. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
RESOLUTION NO. 117.74
WHEREAS, applications for Liq.
uor Licenses have been submit-
ted to this Council for approval
and the same have been exam-
ined,
NOW THEREFORE BE IT RFS
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap.
Proved and licenses issued upon
the compliance with the provi.
sions of Chapter 181, Acts of the
First Regular Session, 64th Gen.
eral Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Melvin B. McSperrin and Richard
N. Stecklein, dba B & R's White
House, 430 West Locust
Mary Kathryn Ford, dba Stop -N -C
Tap, 1027 Rhomberg Avenue
Mary A. Miller, dba Packer's Tap,
700 East 16th Street (also Sun.
day Sales)
Passed, adopted and approved
this 1st day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh.
RESOLUTION NO. 118-74
WHEREAS, applications for Liq.
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RF.
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued
ssued to the following named ap.
plicants a Liquor Iicense.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Melvin B. McSperrin and Rich.
and N. Stecklein, dba B & R's
White House, 450 West Locust
St.
Mary Kathryn Ford, dba Stop -N-
C Tap, 1027 Rhombereg Ave.
Mary A. Miller, dba Packer's Tap,
700 East 16th St. (also Sunday
Sales)
Passed, adopted and approved
this 1st day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
.Tames E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent --Councilman Lundh,
At 9:25 P.M. Mayor Thoms
moved that the Council go into
executive session to consider ap
Iwintments to various Boards and
Commissions. Seconded by COun-
cilman Justmann. Carried by the
following vote:
Regular Session, April 1, 1974 183
eas — Mayor Thorns, Council
men Brady, Justmann, Stackis.
rays—None.
Absent—Councilman Lundh.
At 9:55 P.M. the Council recon
vened in regular session. Mayor
Thoms moved the following al)'-
pointments: Robert K. Bush, Clair
A. Br haw, and Paul F. Mc
Mahan to the Board of }seating,
Ventilating, Refrigeration and Air
Conditioning, all three terms to
expire March 16, 1977; Dr. Wayne
to
A. Moldenhauer be appointed
the Dock Commission to fill the
unexpired term of Leslie Furu-
nth to November 20, 1974nted tto
Carolyn Farrell be appo
the Civil Service Commission for
a six year term to replace Gerard
B. Noonan, to March 31, 1980.
Seconded by Councilman Just-
mann. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
There being no further business
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thom&, Council-
men Brady, Justmann, Stackis,
Nays—None.
Absent—Councilman Lundh.
Leo F. Frw=elt
City Clerk
Approved Septembor 16, 1974
Adopted September 16, 1974
Attest:
ty Ckrk
184 Special Session, April 8, 1974
CITY COUNCIL
OFFICIAL
Special Session, April 6, 1974.
Council met at 7.30 P.M. (C.D.T.)
Present — Mayor Thorns, Coun.
cilmen 'Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelie.
Mayor Thorns read the call and
stated that service thereof had
been duly made and this meeting
is called to AMEND THE CUR.
RENT BUDGET and acting upon
such other business as may prop-
erly come before a regular meet•
ing of the Council.
Communication of U. S. Corps
of Engineers submitting Draft En-
vironmental Impact statements for
the operation and maintenance of
the Upper Mississippi River Nine
foot navigation channel from Gut.
tenberg, Iowa to Saverton, Mis-
souri, presented and read. Mayor
Thorns moved the communication
be referred to the City Manager
and the Engineering Department.
Seconded by Councilman Stackis-
Carried by the following vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
Communication of Dubuque
Women's Political Caucus urging
the City to send a representative
to the Rape conference to be held
in Des Moines on May 7, 1974,
presented and read. Councilman
Lundh moved Mayor Thorns be
the representative for the City.
Seconded by Mayor Thorns. Car.
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque Area
Chamber of Commerce inviting
the Council to a feasibility hear.
ing for a new highway route from
Interstate 380 at Waterloo, Iowa
to Rockford, Illinois, at Interstate
90 to pass in the vicinity of City
of Dubuque, to be held on April
9th, 1974, at Freeport, Illinois,
presented and read. Councilman
Justmann moved the communica•
tion be received and filed. See.
onded by Councilman Brady. Car.
ried by the following vote:
Yeas — Mayor Thorns, council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
April 5, 1974
To The Honorable Mayor and
Members of the City Council
This is to advise that I have
approved the following Sidewalk
Construction Bonds and desire to
have your approval on same.
Kepp Company Inc, Wisconsin
Surety Corporation, Bond No.
100, dated April 3, 1974 $1,000.
Heitzman Construction Co., Uni•
versal Surety Co. Dated April
30, 1974 $1,000.
Respectfully submitted,
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that filing be approved subject
to approval of City Attorney. Sec.
onded by Councilman Stackis. Car.
ried by the following vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
April 4, 1974
Honorable Mayor
and City Council
On April 30, 1973, James Schiesl
of 461 'Vest Third Street, filed
claim against the City of Dubuque,
Iowa, on behalf of his minor son,
Thomas Schiesl, for personal in-
juries allegedly suffered by mi-
nor on April 7, 1973 as a result
of said minor child tripping and
falling over a "No Parking" sign
alle:;edly lying between the curb
and sidewalk in front of the build-
ing at 442 West Third Street, Du-
buque and claiming said child suf-
fered a fracture of the left arm as
the result of said fall.
This matter was referred to the
City Attorney who has made an
investigation thereof, has con-
ferred with said claimant and has
examined doctor's bills and hos-
pital bill. Claimant has made an
offer of settlement of this mat-
ter in the amount of $150.00. In
view of the foregoing, it is the
recommendation of the City At-
torney that said offer be accept-
ed and that the City Auditor be
instructed to draw warrant pay-
able to James Schiesl in the
amount of $150.00, and transmit
Special Session, April 8, 1974 185
the same
office f
deliv-
ery upon receipt ofdulyexecuted
releases.
Original claim is returned here-
with.
Yours very truly.
R. N. Russo
Councilman Justmann moved
the recommendation be approved.
Seconded by Mayor Thoms. Car.
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann. Lundh.
Stackis.
Nays—None.
Notice of claim of Louis R.
Hendricks in the amount of $67.38
for expense incurred as the result
of a backed -up sewer at 2055 Dela-
ware Street on February 27, 1974,
presented and read, Mayor Thoms
moved the notice of claim be re-
ferred to the City Attorney for
investigation and report. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice
of public hearing to amend the
Traffic Ordinance No. 33-49, to
prohibit parking on the south side
of Kaufmann Avenue from Cen-
tral Avenue to Francis Street and
on the north side from Francis
Street to Valeria Street. and from
Chaney Road to John F. Kennedy
Road, presented and read. Mayor
Thoms moved the proof of pub-
lication be received and filed.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Communication of Joe McGow-
an objecting to the proposed traf-
fic ordinance change to prohibit
parking in the area of Kauf-
mann Avenue between Chaney
Road and John F. Kennedy Road,
presented and read. Mayor Thoms
moved the communication be re-
ceived and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Farrell F. Hanley et
al (71 signers) objecting to the
proposed traffic ordinance change
to prohibit parking in the area
of Kaufmann Avenue between
Carter Road and John F. Kennedy
Road, presented and read. Mayor
Thoms moved the communication
be received and filed. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of M. C. Pierce
objecting to the proposed traf-
fic ordinance change to prohibit
parking on the north side of
Kaufmann Avenue from Carter
Road to John F. Kennedy Road,
presented and read. Mayor Thoms
moved the communication be re-
ceived and filed. Seconded by
Councilman Justmann, Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Mr. & Mrs.
John Frick objecting to the pro-
posed parking change prohibiting
parking on Kaufman Avenue
from Chaney Road to John F.
Kennedy Road, presented and
read. Mayor Thoms moved the
communication be received and
filed. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
AN ORDINANCE amending the
Traffic Code No. 33-49 by repeal-
ing subsection 76 of Schedule VI
and enacting a new subsection 76
to Schedule VI to prohibit park-
ing on the south side of Kauf-
mann Avenue from Central Ave-
nue to Francis Street and on the
north side from Francis Street
to Valeria Street and from Cha-
ney Road to John F. Kennedy
Road for final adoption, presented
and read. Councilman Justmann
moved the ordinance be tabled
for further action d referred to
the City Manager. Seconded by
an
136 Special Session, April 8, 1974
Councilman Brad.;. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of notice of
public hearings on traffic Ordi-
nance No. 33-49, vehicles be
equipped with a muffler, also es-
tablishing noise standards and a
proposed ordinance relating to
the control of excessive noise, pre-
sented and filed. Mayor Thoms
moved the proof of publication be
received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Edgar M.
Dempsey of 2005 Rosedale Ave-
tme, applauding Council Action
for action thus far on noise abate-
ment ordinance, presented and
read. Mayor Thoms moved the
communication be received and
filed. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO, 21.74
An Ordinance Amending Ordi•
nance No. 33-49 known as the
"Traffic Code of Dubuque,
Iowa" by repealing Section 19.4
thereof and enacting a new Sec.
tion 19.4 in lieu thereof to pro-
vide that all motor vehicles be
equipped with a muffler to pre•
vent excessive noise and annoy-
ing smoke, said Ordinance hav-
ing been previously presented
and read at the Council meet-
ing of March 18, 1974, present.
ed for Final Adoption.
ORDINANCE NO. 2174
An Ordinance Amending Ordinance
No 33-49 known as the "Traffic
Code of Dubuque, Iowa" by repeal-
ing Section 19.4 thereof and enacting
a new Section 19.4 in licit thereof to
provide that all motor vehicles be
equipped with a snuffler to prevent
excessive noise and annoying smoke.
NOW THERF'FORE BE IT OR-
DAINED by the City of Dubuque, Iowa:
SECTION 1, That Ordinance No. 33_
49 known as the "Traffic Code of Du.
buque, Iowa" be and the same is hereby
amended by repealing Section 19.4 thereof
ind enacting a new Section 19.4 in lieu
hereof as follows:
"19 4 Every motor vehicle shall at
all times be equipped with a muffler
in !;ood working order and in con.
stant operation to prevent excessive
noise or annoying smoke. The sound
emitted therefrom shill not cause
such vehicle to exceed the sound
level, set forth in Section 3o, of
Ordinance No. 33-49. :Notwithstand-
ing the foregoing, no person shall use
a muffler cuto,tt, by-pass or similar
device upon a motor vehicle upon a
street "
Passed, approved, and adopted this Bth
day of April, 1974.
Allan T. Thoms
Mavor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
ATTEST:
Leo F Frommelt
Cky Clerk
Pabl:xhed officially in the Telegraph
Herald Newspaper this 12th day of April,
1974.
Lea F. Frommelt
City Clerk
It. 4-12
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann. Lundh,
Stackis,
Nays — None.
ORDINANCE NO. 22.74
An Ordinance amending Ordi-
nance No. 33-49, known as The
Traffic Code of the City of Du-
buque, Iowa, by adding a new
Section 30 thereto to establish
noise standards, to prohibit the
operation of motor vehicles in
violation crf established noise
standards and providing penal-
ties for violation hereof, said Or-
dinance having been previously
presented and read at the 000n-
cil meeting of March 18, 1974,
presented for Final Adoption.
ORDINANCE NO. 22.74
An Otdinance Amending Ordinance
No. 33-49, known as tine Traffic
Code of the City of Dubuque, Iowa,
by adding a new Section 30 thereto
to establish noise standards, to pro-
hiLit the operation of motor vehicles
in violation of established noise stand.
ards and providing penalties for vio-
lation hereof.
Special Session, April 8, 1974 187
the City Council of the
or vehicle or combination of ve-
r ty of Dubuque firds and determines
and pre-
h Iles at ant Duro or under any
condition of grade load, acceleration
that it is necessary to promote
its public peace, and to promote
or deceleration m such manner as
carve
the health, safety and wel-
to exceed the following nurse limits
Md preserve
the inhabitants of the
for honcatdi uncefof
fare of be
Iowa, that noise pollution
l ascdof
notless than
Dubuque,
SO feet from the center line :,f
prchibited.
THEREFORE. BE IT OR-
travel or location at rest under test
NOW
by the City Council of the
procedures established by Section
30
DA.INED
Dubuque, Iowa, as follows:
2
City of
SECTION 1. That Ordinance No. 33- a
(i) Any motor vehicle with a
known as the Traffic Code of the
manufacturer's GVW rating of
49,
Dubuque, Iowa, be and the same
6.000 lbs. or more, and any com-
City of
adding a new Sec-
bination of vehicle towed by such
is hereby amendedby
tion 3o thereto as fellows:
vehicles.
35 miles per hoar or less
"Section 30, NOISE STANDARDS
this
Over 3s Miles per Hour
s
301 Definitions. For purposes of
article, the following definitions
Before January 1, 1975
BR dB(A) 90 dB(A)
shall apply.
a "A" SOUND LEVEL. '"A' Sound
After January 1, 1975
96 dB(A) oo dB(A)
Level is the tocal sound level t.•
with a sound
(") An Motorcycle
all noise as measured
level meter using the "A" weighing
Before January 1, 1975
e
RB dB(A) 92 dB(A)
network. The unit of mcasurcmcnt
After January 1, 1975
is the dB(A).
b. AMBIENT NOISE shall mean the
86 dB(A) 90 dB(A)
vehicleincl ng
iion
all encompassing nAse associated
with a given covin neem, being
('i:)asy otherger oaodvtor
any ui n
by
m
wally a composite of sounds from
of motor vehicles towed such
motor vehicles.
many sources near and tar.
C. DIRECTOR Ol' HEALTH shall
Before January 1, 1975
96 dB(A)
mean the legally designated health
82 dB(A)
After January 1, 1976
authority of the Gty of Dubuque
78 dB(A) R4 dB(A)
or his authorircd representative
J. DAY shall mcan the hours betwc,:n
b This section applies to the total
7:00 o'clock A M and 9:00 o'clock
noise from a vehiciz or combina-
be
p,M,
DISPLACEMENT shall mean a sim-
lien of vehicles and shall not
ronstrued as limiting or precluding
c.
plc harmonic motion in any plane.
the enforcement of any other Ordi-
vehicle
f. IMPULSIVL NOISE' shall mean a
nance relating to motor
for noise control.
noise of short duration.
mufflers
at. NIGHT shall mean the hours be-
c For the purpose of -his section,
tween 8:00 o'clock P.M. end 7:00
motor truck, truck tractor, or bus
with an iden-
o'clock A.M.
h. NOISE shall mean unwanted or
that is not equipped
tsfication plate or marking bearing
annoying sound.
the manufacturer's name and manu-
i. NOISE RATING NUMBFR shall
facturer's gross vchiel. weight rat -
mean the dB(A) scale reading a,
jog shall be considered as having a
vehicle weight
applicable to ,pecific sound sources.
PERSON any individual,
manufacturer's gross
of 6,000 puunds or more if
j. shall mean
firm or corporation.
rating
the unladen weight is more than
it. PURE TONE shall mean a sound
S,000 pounds.
having a single pitch.
d. No person shall sell or lease, ct
1. USE DISTRICT shall mean districts
offer for salecar lease any motor
established in ac,ordance with Arti-
vehicle of a type described abos't
cle 1, Section I of Ordinance No.
which exceeds the maximum decibel
3-34, known as the Zoning Ords-
levels set forth above and whose
nance of the City of Dubuque,
date of manufacture corresponds
Iowa, regulating and restricting tine
with the dates set forth therein -
herein.location
Joe ationof trades and industries and
Any vehicle which is found nor to
the location of buildings an the City
tt.
be in conformity with ciis Ordi-
of Dubuque.
and which is manufactured
M. VEHICLE shall mean any passenger
hence
prior to January 1, 1975, may bt
vehicle, truck, truck trailer, trailcs,
exempted from the noise levels speci-
semitrailer or similar device intend-
Pied herein pruvie.cd a good and
ed to convey people and -or com-
sufficient showing can be made.
muditics which is prop:Il:d or drawn
is impossible
b) mechanical power, but shall not
(i) That it mechanically
to mod-
include airplanes and toys
without major constructinn
ify such equipment so as to be in
30.2 Motor Vehicle noise
I .omplianer; or,
Nc person shall operate either a
188 Special Session, April 8, 1974
(ii) That to comply would cause :t-
teparable harm or injury to the
engine of said vehicle.
10.3 Sound level measurement. Sound
revel measurement shall be made
with a sound level meter using the
"A" weighting scale in accordance
with those standards promulgated
by the Society of Automotive En-
gineers, The American National
Standards Institute
?0.4 rnforccment. The City of Dubuque
olice Department rhall enforce the
provisions of this Ordinance. Said
Department shall be equipped with
the appropriate equipment for meas-
uring sound levels as provided in
Section 30.3 for purposes of en-
forcing this article.
30.3 Where a motor vehicle is deemed
to be in violation of this article,
the owner may transport it to a
central testing location, the location
to be determined by the Chief of
Police for further evaluation under
normal operating condition. If said
vehicle is re-evaluated and found
not to be in violation of the dcci-
belstandards outlined above, no
further proceedings shall be insti-
tuted and any citation issued shall
b. dismissed.
+U.6 Upon conviction for i violation of
any of the provision of this Ordi.
nance, a person shall be punished
by a fine of not more than onr
hundred ($100.00) dollars or by
imprisonment for not more than
thirty (30) days.
Passed, adopted and approved this 8th
day of April, A.D., 1974.
Allan T. '['hums
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 12th day of April
19? 4.
Leo F. Frommelt
It. 4-12. City Clerk
Mayor Thoms moved final adop-
tion of the Ordinance as Amended.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 23.74
Ordinance relating to the con.
trol of excessive noise and pro.
viding penalties for the viola.
tion hereof; said Ordinance
having been previously present.
ed and read at the Council meet.
Ing of March 18, 1974, present.
ed for Final Adoption.
Councilman Stackis moved to
suspend the rules in order to let
anyone present address the Coun.
cil if they so desire. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thongs, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Giese Sheet
Metal Company requesting the re.
quirement that the noise level in
residential areas at night not ex.
ceed 45 db(A) appears entirely too
restrictive, presented and read. Mr.
Herb Kieffer addressed the Coun.
cil saying this would be a work.
able Ordinance. Mr. Bob Buelow
addressed the Council on behalf of
the Drum & Bugle Corps, stating
the variance would be no prob-
lem. Mr. Owen Reilly, President of
General Drivers Union, spoke in
behalf of starting time for City
garbage haulers.
ORDINANCE NO. 23-74
Ordinance Relating to the Control
of Excessive Noise and providing pen-
alties for the violation hereof.
NOW THEREFORE BE IT OR-
DAINED by the City Council of the
City of Dubuque, Iowa:
Section 1. DEFINITIONS. The fol-
lowing definitions shall apply in the in-
terprecction and enforcement of this Or-
dinance.
"A' SOUND LEVEL. "A" Sound Les -
el is the total sound level of all noise
AS measured with a sound level meter us-
ing the "A" weighing network. The unit
of measurement is the dB(A).
AMBIENT NOISE shall mean the all
tncumpassing noise associated with a giv-
en environment, being usually a compo-
site of sounds from many sources near
and far.
DIKECTOR OF HEALTH shall mean
the legally designated health authority of
the City of Dubuque or his authorized
representative.
DAY shall mean the hours between
7:30 o'clock A.M. and 8:00 o'clock P.M.
DISPLACEMENT shall mean a simple
harmoric motion in any, plane.
IMPULSIVE NOISE shall mean a noise
of short duration.
NIUHT shall mean the hours between
8:00 u't.lock P.M. and 7:00 o'clock A.M.
NOISE shall mean unwanted or an-
noying suund.
Special Session, April 8, 1974 189
NOISE RATING NUMBER shall mein
the dB(A) scale reading as applicable to
specific sound sources.
PERSON shall mean any individual,
firm or corporation.
PURF TONE shall mean a sound hav-
ing a single pitch.
USE DISTRICT shall mean districts
cstabli:hed in accordance with Article 1,
Section I of Ordinance No. 3.34, known
as the Zoning Ordinance of the City ni
Dubu,lue. Iowa regulating and restricting
the location of trades and industries and
the location of buildings in the City of
Dubcque.
VFIaICLE shall mean any passenger
vehicle, truck, truck trailer, trailer, semi-
trailer or similar device intended to con-
vev people and -or commoditic, which is
propelled or drawn by mechanical pow-
er, but shall not include airplanes and
toys•
Section 2. NOISES PROIIIBITFD.
Each of the following acts, among oth-
ers, is hereby declared to be in violation
of this Ordinance and is prohibited. The
follossing enumerated acts shall not be
construed as limitin4 or precluding em
forcemcnt of any other provisisns of this
:hapter.
a) Horns, signaling devices, etc. The
soun&ng of any horn or signalins device
on any automobile, motorcycle, bus or
other vehicle on any street tr public place
of the city, except as a danger warning,
and the sounding of any such device for
an unnecessary and unreasonable period
Of time.
(b) Hawkers and peddlers. The sale by
rutcrl within any area of the city zoned
for residential uses. The provisio"s of this
section shall not be construed to pro-
hibit the selling by outcry of nerehat.-
list food and beverages at licensed sport -
in:, events, parades, fairs, circuses, and
other similar licensed public entertainment
event; nor to prohibit the selling of news-
papers by outcry.
(c) Animals and fowl. The It vping of.
upon any premises, owned, occupied or
controlled by any person, any animal or
fowl otherwise permitted to tic kept
which, by any sound or cry, shall cause
annoyance or discomfort to a reasonable
person of normal sensibilities.
(d) Loading, unloading, opening boxes.
Thr creation of a loud and excessive
"Oise in connection with loading or on.
loading any vehicle or the opening and
destruction of balei, boxes, crates and
containers.
(e) Schools, courts, churches, hospi
tal:. The creation A a loud and exce-
sive noise un any street adjacent to any
school, institution of learning, church •,r
court while the same are to use, or ad -
Perot to any hospital, which unreason-
ably interferes with the workings of such
institution, or which disturbs or unduly
annoys patients in the hospital.
(f) Corstruction or repair of buildings.
The erection (including excavation), dr
moliti:n, alteration or repair of anv
Luiidirg other than between the hours
rf s A.M. and 7 P.M., of any day.
( g ) Pile drivers, h.tmm-rs, tic. The
oprrallon between the hours of 6 P.M.
and 4 A.M. of any pile driver, steam
shovel, pneumatic hammer, derrick, pow-
er hoist or other construction equipment,
and then only when equipped with an
effective muffling device.
(h) Garbage collrction. The Lollcction
..f girbagc, waste or refuse by any per-
son in anv arca zoned and residential ex-
cept Itetween the hours of 7:00 A.M. and
1:00 P.M. of any d,y and then only in
a :Wanner so as not to crate a loud or
egressive noise.
(i) Vehicle repairs. The repair or re-
building of any motor vehicle within any
resAcritial area of die City between the
hours of 9 P.M. and A A.M. in such a
manner that a reasoiable person of nor-
mal rensitsvities residing in the area is
c ousel discomfort or annoyance.
(i) Exhausts. The discharge into the
onen lir of the exhaust of any steam en -
internal combustion engine, motot
boat, or motor vehicle or discharge of
tic or other gases except through a muf-
fin or other device wLich will effectively
present loud or cxplssive noises therefrom.
(k) Uniawful use of buildings. No per-
son owning, or in possession of or in
control of :ny building or premises. &.11
use the same, permit the use of t',e same,
or rent tile
same to be used for any
bosiniss or employment at retidential
use, or for any purpose of pleasure or
recreat;on, if such use shall, by the noise
generated therefrom,disturb or interfere
with the peace of the neighborhood in
which such building or premises is si:
uated.
(1) Loud, unnecessary or unusual noise.
Notwi,hstanding any other provision of
tins chapter and in addi,ion thereto, it
shall br unlawful for any person to will-
fully make or continue or cause to be
rr.ade or continued anv loud, unnecessary
or unusual noise which disturbs the peace
or quilt of any neighborhood or which
eautes discomfort or annoyance to any
reawrable person of normal sensitivities
residing in the area.
(m) Engine brakes. The use of a "Jacob
brake" or any engine brake within the
city limits unless for the manifest pur-
pose for which it is intended.
(o) Stationary machinerv, equipment,
and fans. It shall be unlawful for any
licrsot to operate any immobile machin-
ery,equipment, pump, fan, or similar
mechanical device in anv manner so as
to create any noise which would (cause
the noise level at any portion
le
rtt.perty line of any property to exceed
tete maximum noise levels in the use
zones described Section 3. Provided that this
section shall nut apply to temporarily
placed equipment which shall be subject to
the manufacturing standards outlined in
the following section.
190 Special Session, April 8, 1974
Section ). CRITERIA TO DETER-
MINE. EXCESSIVE NOISE.
(1) NOISE LIMITATIONS AT LOT
LINE OF ANY PREMISES LOCATED
IN VARIOUS DISTRICTS.
NOISE RATING NUMBER
DAY NIGHT
Rcridence Districts tt 41
Busine>r, including
Local Business 60 so
Light Industrial 61 Sf
(2) PURE TONE AND IMPULSIVE
NOISES ARE FACTORS. Five noise rat-
ing numbers shall be subtracted from the
above table (Section 3.1) if the subject
nnise consists primarily of a pure tone
or t.` it is impulsive in character.
(3) AMBIENT NO1SF IS A FACTOR.
The subject noise must ,xceed the am-
bient noise by five dB(a) or more,
any octave band, to be declared cxecssive.
Section 4. METHOD OF MEASUR-
ING NOISE.
(i) EQUIPMENT. Noise measure-
ments sh24 be made with a sound level
meter manufactured according to the
specifications of the American National
Standards Institute. USA Standard Spe-
cification for General Purpose Sound
Level Witten (S1.4-1971) and Preferreu
Cower Prcqueneses for Acoustical Was-
urements (S1.6-1960) or any subsequent
nationally adopted standard wperseding
the above standards.
(2, LOCATION AND INTERPRE-
TATION. Noise measurements shall be
made at tl:c nearest let line of yremi:cs
from which noise complaint(s) are re-
ceived and shall be made at a height of
at least thsec feet above the ground and
at lest three feet away from walls, bar-
riers, obstructions or sound reflective sur-
faces. Where the nature of the noise per-
mits, the slow response setting shall Lx
-
used to oht:in the noise level on the
sound level meter.
Section I. VARIANCE PERMIT MAY
SE CRANTED.
Variance Permits may be issued by
the Direct)- of Health to exceed the nota,
raneards set forth in this Ordnance as
follows:
(a) TEMPORARY VARIANCE PER-
MITS.
(a) General. A temporary variance
permit may be :ssued upon ro-
quc:t provided that the work pro-
ducing such noise is necessary to
protooto the public health and 'or
welfare and reasonable steps arc
taken to kap such noise at the
lowrt pouible practical level.
(b) Special Community Events. A
temporary variance permit may be
issued for special events, such as
circuses. 4th of July celebration,
and similar community event:
which are limited in duration ant:
are ;uerally acceptable to the Pau
ple of the community; pruvided
that precautions are taken to main -
Iain the nokes produced at th-
lowest practical level.
(c) Procedure to Obtain a Variance
Permit. Applications for tempo-
rary variance permits must N
made in writing to the Director
of Ilralth and shall contain All
of the following pertinent infor-
mation:
( I ) Dates requested.
(2) Time and Place of operation.
(3) Equipment and operation in
volved.
(4) Necessity for such permit.
(S) Steps to be taken to minimize
noise, and
(6) Name of responsible persons)
who will be present at the
operation site while the noise
is produc^d.
(21 VARIANCE PERMITS OF IN
DEFINITE DURATION.
(a) It is recognized that it is not
technically or economically fea-
sible for certain business opera.
tions and equipment to comply
with the standards set forth
herein as of the date of this Ordi.
nance. The Director of Health
shill therefore issue a variance
permit on existing business opera-
tions and equipment which pro-
duces excessive noise if it is found
that it is not technically or eco-
nomically feasible to aLcr such
operation to reduce noise to with-
in the prescribed standards set
forth in this Ondinartcc. Applica-
tions for such variances must b,
made to the Director of Health by
an affected party in a letter set-
ting ;orth the reasons that such
valiance should be granted. The
Director of Health, after review
of all circumstances and the de-
gree of nuisance, shall reply in
writing giving the variance, deny-
ing the variance or setting forth
cundirons or limitations under
which the variance will tae granted.
(b) In the event the Director o'
Health issues an order citing a
violation of this Ordinance on an
existing business operation and
equipment and the party cited
appliu for a vanianee within ten
(10) days of such eita:inn, thea
all penaltiea provided shall be
tolled from the date of :he app&
cation is filed until a fi:aal order
or decision has been issued on the
merits of the application.
Sectio -a 6. MISCELLANEOUS OPERA-
TIONS:
(1) EMERGENCY OPERATION.
Emergency short-term operations which
-ire necessary to protect the health and
weltace of the citirona—such as, emer.
gency utility and street repair, fallen
tree removal or emergoncy fuel oil de-
livery ---shall be exempt frum the cri-
teria as act forth in Scctwn 3.1, provided
Special Session, April 8, 1974 191
that reasonable step', shall be taken b%
arge of such operations to
thou in ch
mmimire noi,c cmanaur.S from the same.
in NOISE REQUIRED BY LAVs'
Thr provisions of Section 3.1 shall not
apply to any noise required specifically I -
law (rr the protection •,r safety of peo-
It or property.
p
(7) LAWN MO\VFRS, GARDEN
TOOLS ETC. Powered equipment such
as lawn
showers, small lawn and garden
tons, riding tractor. and snow removsl
cqulranent which is necessary for the
maintenance of property, is kept in good
repair and maintenance, and which
equip,ncnt, when new. would not comply
With The standards set forth in this
Ordincnce, ihall be exempted from the
proviFsoos of Section 3.1. \o pcno.t
shall oper:te such equipment, with th_
caccption of snow removal equipment,
during the hours of s:oo o'clock P.M.
throu41 s:o0 o'clock A.M. inclusive.
( $) RECIDENTiAL AIR CONDI-
TIONERS. Noise emitted by residential
,it conditioners shall be judgeJ by the
,ritcsis act forth in Sectidn 7.
(i) AIRPLANES. Aircraft optratioas
which arc controlled specifically b) Fed.
eral law and enforcement shall be ex-
empted from the provisions of this chap-
ter.
(6) DISORDERLY CONDUCT. Noise
created by human brhavinr and generally
considered to be dis.+rdtrly conduct shall
be excmFted from the provisions of this
chapter and are regulated under Ordi-
nance No. 11-7).
(9) BEILS. CHIMES. Bells, chime:.
and similar devices which signal the time
of day and operate during the daytime
hours for a duration of no longer than
five rf) minutes in any given :•tu hour
period shall be atempt from the daytime
roses limitations of section ).1.
Section 7. CONTROL 01; NOISES
1.Ml F FED BY RESII)ENTIAL Alli
CONDITIONERS.
(1) EXCESSIVE NOISE PROHIBIT -
LD. No petson shall install, opt:rate or
use any residential air conditioner, or
cons: ination of residential air cunditiun-
vrs, which creates a noise Ievci at Lot
Line .f any dwelling unit located on any
adjacmt premises in excess of the sound
pressure levels listed in Section 3.
(2) PROCEDURES OF INVI:STIGA-
TION. Upon receiving a complaint, the
Director of Health shall conduct a noise
Furey through use of a sound level meter
(sec Section 4). The sound pressure level
shill be measured at the Luc Line of the
prec.iscs with the sound level •tuaburing
microphone placed at such point at or
near the Lot Line in the must rs•.sonable
prosir-lily tt, the noise source. Results
of this surety shall be compared to ilia
maximum permissible levels as set fortt
to Section t. If the levels found in tl:.
'urcey exceed the level of the dB(A)
raring, the noise shall be deemed as ex
tess,ve and in violation of this nation.
site cion 1 CONTROL OF 'TRAFFIC
101SES.
Control of traffic noise shall be gov-
rntJ and repulated by the pre%kions of
)rlinance amending Ordinance No. )).
,9 knewn it the traffic C odc of the
_ity of Dubuquc, Iowa.
Section 9. SALE, DISTRIBUTION.
EASF OR RENTAL OF NOISY
.QUIPMENf.
(1) SALE, RENTAL, ETC. OF
.QUIPMENT. No person shall sell, of-
cr, dostribut., least or rent any new or
used vehicle device or equipment in -
ended for use within the limits of the
:ity c•f Dubuquc which don nut ,.nmply
with the provisions of this chapter or
with rules and regulations adopted by
.he L,ireetor of Health pursuant to the
vo:isions of this chapter or with any
Wrral or state standards which apply
:o such equipment and are intended to
reduce or minimize the noise emission
from such equipment or device.
Sc-tscn 10. CITY OF DUBUQUF
CONTRACTS AND PURCHASES.
(1) COMPLIANCE Of CITY CON-
I RACTORS AND SUBCONTRAC-
TORS. 1t is the policy of the City of
Dubnyue to comply with the noise emis-
sion .tandards, as set forth in this chap-
ter, in its own operations and the opera-
tions of its contractors and subcontrac-
tors. All contractors and subcontractors
shall be notified of and requircJ to com-
ply with the provisions of this Ordinance.
(2) CITY PURCHASES. It is the pol-
icy of the City of Dubuque to purchase
only equipment which complies to the
standards established for the sacrae by tlsia
Ordin_nce.
lection 11. 1SSUANCP OF BUILDING
AND OCCUPANCY PERMITS.
The procedures set forth in the Ciq
of Dubuque, Dubuque Building Code,
section 1800 shall be followed before ano
permit is granted for any nonresidential
build?ng or structure or a change in oc
cupassey thereof, the ultimate aro Of
which may result in the creation of tsoiaw
whi,h covld be in violation Of this Or-
dinance.
Session 12. ENFORCEMENT.
11 'hal! be the duty of the Di:ectdr of
I-lralth t.t enforce the provisions of Sec-
tion 1 through 13, inclusive.
Section 13. PENALTIES. Any person
♦iulaCng any provision of this Ordinance
shall 1-e deemed guilty of a misdemeanor
and epon conviction thereof shall be
fined in an armour not exceeding One
Hundred ($1oo.00) Dollars or be im-
prisoned for a period not exceruing thirty
(30) Days. Each day such violation e
cummitted or permiueJ to continue shall
conaitutc a separate offense and shall b•
Ia,nishable as suet, hereunder.
Section 14. SEVERABILITY.
Sh-)uld any section, parorraph, san
tence, clause or phrase of %bis Ordinanu
be dtc!ared ■nCOWLIL,ltlnnal or invalid
192 Special Session, April 8, 1974
for any reason, the remainder of said
Ordinance shall not he affectrd thereby.
Se::ior. 17. REPEAL.
This Or'.inance rentals any other ordi-
nances in conflict herewith.
Passed, approved and adopted this 8th
day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
.James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
APPROVFD:
John L. White
Fn&ccring Dept.
Arthur J. Roth, Jr.
Health Dept.
Donald J Bandy
Bui:Jing Dept.
Robert J. O'Brien
r: G: a Dept.
Daniel Dittemore
Planning Dept.
Pub!ishcd officially in thr Telegraph
Heral.l Newspaper this 12th day of Apr"
1974.
Leo F. Frommelt
City Clerk
It. 4-12
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Stackis moved the
following changes in Ordinance
No. 2374 for referral to City At-
torney:
Gtorney:
Section 2 — Subsection (f) be
changed to read from 7 A.M. to
8 P.M.
Section 2 — Subsection (h) be
changed to read from 6 A.M. to
9 P.M,
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to increase expendi-
tures in Revenue Sharing Funds,
in the amount of $100,000., pre-
sented and read, No written objec-
tions were filed. Mayor Thoms
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mr. Erv. Koethe, R.R. #1, Robert
Fox, 2915 St. Ann Drive, Walter
Clark, DuWayne Koethe of 2121
Garfield voiced oral objections to
the proposed high rise. Attorney
Alfred Hughes spoke in behalf of
Ecumenical Housing by trying to
meet the objections as presented.
Councilman Stackis moved to rein.
state the rules. Seconded by Coun.
cilman Brady. Carried by the fol.
lowing vote:
Yeas — Mayor Thoms, Council,
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
ORDINANCE NO, 24-74
An Ordinance amending the
Budget as approved by Ordi.
nance No. 1-74, said Ordinance
having been previously present.
ed and read at the Council meet.
ing of March 18, 1974, presented
for final adoption,
ORDINANCENO. 24-74
An Ordinance Amending the Budget
as a, proved by Ordinance 1-74.
WF'EP IiAS, it is necessary to amen!
the 1974 Budget to provide appropria-
tions for a Community Development Proi-
ccr.
NOW, THEREFORE, BE IT OR-
DAINED by the City Council of the
City of Dubuque, Iowa:
'1h:;t 5100,009 be allocated and ap-
propriated from Revenue Sharing Funds
to be asci in pavmcnt of a c:mtract for
service- with Ecumenical Housing, In-
corpo.•ated, a nonprofit corporation of
I twa.
Passcd, adopted and approved this 8th
day of April, 1974.
Allan T. Thoms
h4ayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Pub!isl•ct' officially in the Ttlegrapl:
Herald Newspaper this 12th day of April,
1Y74.
Leo F. Frommelt
City Clerk
It. 4-12.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Stackis, Carried by the
following vote:
Special Session, April 8, 11,974 193
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays -- Councilman Justmann.
proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to increase expendi-
tures in various funds in the
amount of $1,175,527., presented
and read. No written objections
filed. Councilman Stackis moved
the proof of publication be re-
ceived and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — Councilman Alst.mann.
ORDINANCE NO. 25-74
An Ordinance amending the
Budget as approved by Ordi-
nance No. 1-74, said Ordinance
having been previously present-
ed and read at the Council meet-
ing of March 18, 1974, presented
for Final Adoption.
ORDINANCE NO. 25-74
An Ordinance Amending the Budget
as approved by Ordinance 1-74.
WHFRF.AS, it is necessary na amen]
the current Budget as provide appropria-
tions to complete prior years' projects
and improvements.
NOW, THEREFORE, BF IT OR-
DAINFD by the Citv Council of the
City of Cubuque, Iowa:
That the unexpended cash halances on
hand at the close of the preceding fiscal
year :end revenues not appropriated in the
original budget approved by Ordin2nu-
1-74, are hereby allocated and apprupri-
atcd for payment of necessary cxpcndi-
tures of city government in the following
funds and amounts; and to that end the
appropriatitms of funds are hereby au
thorived to wit:
Fund Increased Appropriation -
General S 47,165.00
Strec• 1 4,386.00
Road Ilse Tax 149.777.00
Public Safety 30,188.00
Sanitation 24,900.00
Refuse 45,000.00
Sewage Rental St,394.00
Airpwt 12,889.00
Dock 1,417.00
Librai 1, 4:123.00
Witer 34,363.00
Lighting 31,795.00
Recrcavion 9,203.00
Golf 6,665.00
Park 22,009.00
Revenue Sharing; 429,518.00
1 rust and Agency 52,03 5.00
TOTAL:
lncrease: Appropriation $1,175,527.00
Tarred, adopted and approved this 8th
lay of April, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
ATTEST:
Lco F Frommelt
City Clerk
Published officialh in the Tclegtaph
l]cralti Newspaper this 12th day of April.
1974.
Leo F. Frommelt
City Clerk
It. 4-12.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
COUNCIL RF,CESSED AT 10:10
P.M.
RECONVEM3D AT 10:20 P.M.
Petition of Paul F. Moes request-
ing fire protection for his build-
ings at 1899 Rockdale Rd, outside
the City Limits, presented and
read. Councilman Stackis moved
the petition be referred to City
manager and the Fire Chief. Se-
conded by Mayor Thorns. Carried
by the following vote:
Yeas — Mayor Thorns, Council-
men Brady Justmann, Lundh,
Stackis.
Nays — None.
Petition of Library Board of
Trustees requesting an opportunity
to meet in a work session with the
Council regarding the expansion
of present library facilities, pre-
sented and read. Councilman Just -
mann moved the City Manager
work out mutually agreeable time
on May 9, 1974. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -- None.
Petition of Richard N. Conzett
et al (17 signers) requesting park-
ing on one side of North Booth
when the YM -YWCA have public
activities, presented and read. Ma-
yor Thoms moved the petition be
referred to the City Manager and
the Traffic Department. Seconded
by Councilman Stackis. Carried by
the following vote:
194 Special Session, April 8, 1974
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Dubuque Sports Un-
limited Inc., requesting permission
to conduct a parade celebrating
the opening of the Dubuque Pack-
ers Baseball season on April 20,
1974, at 10:30 A.M., presented and
read. Councilman Justmann moved
the petition be referred to City
Manager with permission subject
to approval of City Manager. Se-
conded by Mayor Thorns. Carried
by the following vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Jerry Donovan re-
questing rezoning of Lots 72 and
73 in Finley Addition from Single
Family to Multi -Family zoning
classification, presented and read.
Mayor Thoms moved the petition
be referred to the Plaa.nuirg &
'Coning Commission. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to consider Manager's
report as to the condition of the
delapidated buildings located on
Lot 24 Pleasant View Addition at
850 Montcrest, presented and read.
No objections were filed and no
oral objectors were present at the
time set for public hearing. Mayor
Thoms moved the proof of publi-
cation be received and filed. Se-
conded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 119-74
WHEREAS the City Manager has
reported to the City Council that
the buildings and premises located
on Lot 24, Pleasant View Addition,
in the City of Dubuque, Dubuque
County, Iowa, are dangerous to life
and health because of their condi-
tion and that demand has been
made by him upon Daniel P. Ernst,
10 American Tower Building, Du-
buque, Iowa, Administrator for the
Iowa State Department of Social
Services, as owners of said pro.
perty that the condition complain-
ed of be corrected and that said
owner has failed to correct the
condition within the time provided
by the notice; and,
WHEREAS on March 18, 1974,
the City Council set said report
down for hearing at 7:30 o'clock
P.M. Central Daylight Time April
8, 1974, in the City Council Cham.
ber in the City Hall in the City of
Dubuque, Dubuque County, Iowa,
and directed the City Clerk to give
notice of said hearing; and,
WHEREAS it appears by return
of service on file in the records of
the City Council that notice of said
hearing was given by Registered
Mail on March 22, 1974, and by
publication in the Telegraph He-
rald newspaper on March 22. 1974,
and,
WHEREAS pursuant to said no-
tice on order of the City Council
a public hearing was held at 7:30
o'clock P.M. Central Daylight Time
on April 8, 1974, in the City Coun-
cil Chamber in the City Hall in the
City of Dubuque, Dubuque County,
Iowa, at which time the owners of
the above described real estate
were afforded an opportunity to
be heard and witnesses concern-
ing the condition of the property
and the hazard was heard; and,
WHEREAS the Council has duly
considered the testimony of the
witnesses and viewed the premises
and has reached its determination.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the structures
known as 850 Montcrest Street, Lot
24, Pleasant View Addition, in the
City of Dubuque, Dubuque Coun-
ty, Iowa, be and the same are here-
by found and declared to be dan-
gerous to life, health and proper-
ty and a nuisance;
Section 2. That the City Mana-
ger be and he is hereby authorized
and directed to cause the structure
known as 850 Montcrest Street, Lot
24, Pleasant View Addition, in the
City of Dubuque, Dubuque County,
Iowa, to be dismantled and re-
moved.
Section 3, That upon completion
of said work, the City Manager
Special Session, April 8, 1974 196
shall certify the cost thereof to the
City Clerk.
Section 4. That upon receipt of
said certificate of cost from the
City Manager, the City Clerk shall
thereuponA certditorRsaid cost t
o the
of Dubuque County Coun-
ty,
ty, Iowa, and it shall be collected
with and in the same manner as
general property taxes.
Section 5. That the City Clerk
be and is hereby df this Resolution
cted to record
a certified copy
in the office of the County Record-
er of Dubuque County, Iowa.
Passed, adopted and .approved
this 8th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert. Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays — None.
Communication of Francis A.
Murray, Assistant City Manager,
requesting approval of the pay-
ment of cash and in-kind match
from the City and a resolution au-
thorizing the Northeast Iowa Area
Crime Commission to act in behalf
of the City, presented and read.
Mayor Thoms moved the communi-
cation be received and filed. Se-
conded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor 'Thoms, Council-
men Brady, Justmann, Lundli,
Stackis.
Nays — None.
MATCHING RESOLUTION
NO. 120-74
Whereas, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it
will provide during the calendar
year of 1974 cash funds for the fol-
lowing Iowa Crime Commission
Projects:
Brief Description of Project, Pre-
vention (School Liaison Officer).
Amout of Funds Being Provided,
Not to exceed 21.925%v of total nru-
ject cost.
VI a further resolve that we will
provide in-kind match during the
calendar year of ................ for the
following projects:
Passed this 8th day of April,
1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommeit
City Clerk
Mayor Thoms moved adoption of
the Matching Resolution. Seconded
by Councilman Stackis, Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 121.74
BE IT RESOLVED that the City
of Dubuque hereby authorizes the
Northeast Iowa Area Crime Com-
mission to act in its behalf in the
receipt, deposit and dispersal of
Federal Funds received from the
Iowa Crime Commission for the
purpose of carrying on the pre-
scribed activity as outlined in the
Program Application.
The Northeast Iowa Area Crime
Commission shall use said Federal
Funds received exclusively for this
program and for no other purpose,
and this unit of government shall
provide complete documentation of
all expenditures made by this unit
of government to the Northeast
Iowa Area Crime Commission as re-
quired.
In lieu of such documentation
or for other violations of Federal
and State ruled and regulations, it
is understood that all funds re-
maining in the possession of the
Northeast Iowa Area Crime Com-
mission may, upon approval of the
Commission, be returned to the
Iowa Crime Commission.
Signed this 8th day of April,
1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
196 Special Session, April 8, 1974
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of North East
Iowa Area Crime Commission ex-
tending an invitation to attend a
meeting on April 81 1974, at UNI,
Discussions at UNI will center pri-
marily on Law Enforcement, pre-
sented and read. Councilman
Lundh moved the communication
be received and filed and referred
to the Council. Seconded by Ma-
yor Thoms. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
April 5, 1974
Honorable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Blocks 13,
15, 16 and 13-A each in "Key
Knolls Subdivision" in the City of
Dubuque, Iowa.
The Commission has determined
that the plat is in conformance
with the approved preliminary
plat of the area and meets the
minimum standards of the Zoning
and Subdivision Ordinances. It is
the recommendation of the Plan.
ning and Zoning Commission that
the plat be approved.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Stackis moved the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 122.74
Resolution approving the plat of
Blocks 13, 15, 16 and 13-A each
In "Key Knolls Subdivision" in
the City of Dubuque, Iowa
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Blocks
13, 15, 16 and 13-A, each in "Key
Knolls Subdivision" in the City of
Dubuque, Iowa, by Hillcrest Build-
ers, Inc.; and
WHEREAS, upon said plat ap-
pear streets to be known as Key.
meer Drive and Woodrow Drive,
together with certain public utility
easements which the Owners by
said plat have dedicated to the
public forever; and
WHEREAS, said plat has been
examined by the City Planning and
Zoning Commission and had its ap.
proval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relating
thereto, except that street grades
have not been established, the
streets brought to grade, or paving,
sewer or water installed;
NOW THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedications
of Keymeer Drive and Woodrow
Drive, together with the easements
for public utilities as the same ap-
pear upon said plat, be and the
same are hereby accepted;
Section 2. That the plat of
Blocks 13, 15, 16 and 13-A, each
in "Key Knolls Subdivision" in the
City of Dubuque, Iowa, be and the
same is hereby approved and the
Mayor and City Clerk are hereby
authorized and directed to endorse
the approval of the City of Du-
buque, Iowa, upon said plat, pro-
vided the owners of said property
herein named, execute their writ-
ten acceptance hereto attached
agreeing:
a. To reduce all streets to grade
and to construct concrete curb and
gutter and to hard surface Key-
meer Drive and Woodrow Drive
with bituminous concrete, or with
concrete paving with integral curb,
all in accordance with City of Du-
buque standard specifications;
b. To install sanitary sewer
mains and sewer service laterals
in accordance with plans submit-
ted with the plat;
c. To install water mains and
water service laterals in accor-
Special Session, April 8, 1974 1 T
dance with plans submitted with
the plat;
d. To install storm sewers and
catchbasins in accordance with
plans submitted with the plat;
e. To install concrete sidewalks
as required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
f. To construct the foregoing im-
provements in accordance with
P
and specifications approved
by the City Manager, under the in-
spection of the City Engineer, and
in a manner approved by the City
Manager;
g. To maintain the foregoing im-
provements for a period of four
(4) years from the date of their
acceptance by the City of Du-
buque, Iowa;
h. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
Hillcrest Builders, Inc., as owner;
i. To construct said improve-
ments, except sidewalks, prior to
March 1, 1976, and to construct
the sidewalks prior to March 1,
1978;
and further provided that said
Hillcrest Builders, Inc., as owner
of said Subdivision, secure the per-
formance of the foregoing condi-
tions by providing security in such
form and with such sureties as may
be acceptable to the City Manager.
Section 3. That in the event Hill-
crest Builders, Inc., shall fail to
execute the acceptance and furnish
the security provided for in Sec-
tion 2 hereof within 45 days after
the date of this Resolution, the
Provisions hereof shall be null and
void and the acceptance of the de-
dication and approval of the plat
shall not be effective.
PASSED, ADOPTED AND AP-
PROVED by unanimous recorded
roll call this 8th day of April, A.D.,
1974.
Allan T. Thorns
Mayor
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 122-74
We, the undersigned Blanche A.
Hansel & Richard V. Hansel, Treas.
& Sec'y having read the'terms and
conditions of the foregoing Resolu.
tion No. 122-74 and being familiar
with the conditions thereof, here.
by accept the same and agree to
Perform the conditions required
therein.
Dated at Dubuque, Iowa, this
9th day of April, 1974.
HILLCREST BUILDERS, INC.
Blanche A. Hansel
Treasurer
Richard V. Hansel
Secretary
TO:
LEO F. FROMMELT
CITY CLERK
This is to certify that the se-
curity provided by the foregoing
RESOLUTION NO. 122-74 has been
furnished by the owners.
Dated at Dubuque, Iowa, this 9th
day of April, 1974.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Lundh, Stackis.
Nays — Councilmen Brady, Just -
mann.
Communication of Attorney Do-
nald R. Breitbach submitting appli-
cation for Class "C" Beer -Liquor
License for Dubuque Post #6 of
the American Legion and request-
ing prompt action be taken, pre-
sented and read. Mayor Thoms
moved the communication be re-
ceived and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Thomas D.
Walsh et ux objecting to the is-
suance of a beer -liquor license to
the American Legion, presented
and read. Mayor Thoms moved the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Justmann moved to
suspend the rules in order to let
198 Special Session, April 8, 1974
anyone present address the Coun-
cil if they so desire. Seconded by
Mayor Thorns. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nara — None.
Attorney Donald Breitbacb, J. C.
Kohlman, Charlotte G. Kelly, and
Less Shaffert all spoke in favor
of Legion Class "C" Beer -Liquor
application. Attorney Joseph Bit-
ter, representing property owners
in the area, spoke for them as be.
ing opposed to an open bar. Coun-
cilman Justmann moved further
discussion be set till next meeting.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Nays — Councilman Stackis.
RESOLUTION NO. 123.74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that the
following applications be granted
and permits issued upon the com-
pliance with the terms of the Or-
dinances of the City.
CLASS "B" BEER PERMIT
Dubuque Jaycees, 1023W Main
Street
Passed, adopted and approved
this 8th day of April 1979,
Allan T. Thoms
Mayor
Alvin E. Lundh
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. F rommelt
City Cleric
Mayor Thorns moved adoption of
the resolution. Seconded by Coun.
cilman Lundh. Carried by the fol.
lowing vote:
Yea$ — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Patackis.
Nays — None.
RESOLUTION NO. 124,74
WHEREAS, opplicatioas for
Beer Permits were tiled by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT M
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Dubuque Jaycees, 10231fz Main
Street
Passed, adopted and approved
this 8th day of April 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol•
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady Justmann, Lundh,
Stackis.
Nays -- None.
Councilman Justmann spoke of
a Cultural Enrichment Program,
designated as Flight 4-5-60. Mayor
Thoms moved that the matter be
referred to the scheduled Council
meeting of April 15th, with further
input to be provided by Council-
man Justmann. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
There being no further business
Councilman Stackis moved to ad-
journ. Seconded by Mayor Thorns.
Carried by the following vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Leo F. Frommelt
City Clerk
Special Session, April 8, 1974 199
Approved September 16, 1974
Adopted September 16, 1974
200 Special Session, April 15, 1974
CITY COUNCIL
OFFICIAL
Special Session, April 15, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Absent — City Manager Gilbert
D. Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of con-
sidering sale of a City owned par.
cel of property to Francis P. Ray.
mond and acting upon such other
business as may properly come be-
fore a regular meeting of the
Council.
Communication of American Le-
gion for Beer -Liquor application
forwarded from last meeting, pre-
sented and read. Councilman Just -
mann moved that the rules be sus-
pended in order to let anyone pre-
sent address the Council if they so
desire. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Helen Walsh, Earl Opperman,
Tom Walsh, M. 0. Rosenthal, Ralph
Lytle, Joseph J. Bitter spoke on be.
ing opposed to bar. George Traut
and Francis J. Kelly spoke as be.
ing in favor of the issue, Attorney
Donald Breitbach disagreed with
Attorney Bitter's legal interpreta-
tion. Councilman Lundh moved to
reinstate the rules. Seconded by
Councilman Stackis, Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Justmann moved
that the application of the Ameri.
can Legion for a Class C Commer-
cial Beer -Liquor license be denied.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Councilmen Brady, Just.
mann, Lundh.
Nays — Mayor Thoms, Council-
man Stackis.
Mayor Thoms moved that the
Planning & Zoning Commission be
directed to refer the matter back
to the Council and them -selves for
a more comprehensive direction
for preparation of an Ordinance,
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Lundh Stackis.
Nays — Councilmen Brady, Just.
mann.
Councilman Brady moved that
the application for a Class B beer
license as requested by St. Pat.
rick's Parish be denied. MOTION
DIED FOR LACK OF A SECOND.
Councilman Justmann moved
that the request of St. Patrick's
Parish be tabled until Wednesday
April 17th at 5:30 P.M. at which
time a meeting of the Council will
be held. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Nays — Councilman Stackis.
COUNCIL RECESSED AT 10:30
P.M.
RECONVENED AT 10:40 P.M.
Communication of U.S. Army
Corps of Engineers advising of na-
vigation studies and advising of
various meetings to be held on the
practicability, means, economic jus-
tification and environmental con-
siderations of providing a 12 foot
channel, presented and read. Ma-
yor Thoms moved the communica.
tion be received and filed. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of the Iowa Ci-
vil Rights Commission providing
technical assistance to local human
rights commissions as a part of an
Education Program meetings to be
held on April 17th and 18th in Des
Moines, presented and read. Coun-
cilman Justmann moved the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Cal Murdock
pushing the cause of bicycling as
a means of transportation and re-
Special Session, April 15, 1974 201
creation, presented and read. Coun-
cilman Justmann moved the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None,
Communication of W. M. Cle-
mens Jr. submitting his resignation
as a member of the Airport Com-
mission, presented and read. Coun-
cilman Justmann moved the resig-
nation be accepted with regret and
a letter of appreciation for ser-
vices rendered be sent. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of U.S. Depart-
ment of the Interior advising of
public hearings to be held on May
8, 1974 at Hempstead High School
at 7:30 P.M. to ascertain public
views on a wilderness study on
the Upper Mississippi Wild Life
and Fish Refuge, presented and
read. Councilman Justmann moved
the communication be received
and filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
man Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of the Iowa State
Ilighway Commission advising of a
public meeting to be held in the
Council Chamber on April 23,
1974, at 1:30 Y.M, on various aa-
pects of a feasibility and necessity
of construction of a route from
Waterloo via Dubuque from the
Davenport -Moline area thru Du-
buque to I.90 at LaCrosse, Wise.,
Presented and read. Councilman
Justmann moved the communica-
tion be received and filed. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas — Mayor Thorns, Council-
man Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Mary Jo Wil-
ly, Dubuque Art Ass'n. urging sup-
port for joint sponsorship of the
Flight Four, Five and Sixty Cul.
tural Enrichment. Program, pre-
sented and read. Councilman Bra-
dy moved the communication be.
received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
man Brady, Justmann, Lundh,
Stackis.
Nays — None,
Communication of American
Ass'n. of University Women en-
couraging the Council to partially
fund Flights 4/5/60, presented
and read. Councilman Brady moved
the communication be received
and filed. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Recreation
Commission submitting a Cultural
Enrichment Program Preliminary
Report for 1974-1975 Flight 4/5/60
1973-74 School Year, presented and
read. Councilman Justmann moved
the communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas -- Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None,
Councilman Justmann moved
to suspend the rules in order to
let anyone present address the
Council if they so desire. Second-
ed by Mayor Thorns. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays — None.
Carol Bitter, Ruth Nash, Sue Rei -
del, and Mrs. Mary Ellen Schuster
spoke on behalf of the Flight 4/5/
60 Program. Councilman Justmann
moved for the mayor to meet with
other taxing authorities to work
out equitable funding of Flight 4/
5/60 Program. Seconded by Coun-
cilman Brady. Carried by the fol.
lowing vote:
Yeas -- Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
202 Special Session, April 15, 1974
April 5, 1974
Hon, Mayor & City Council
On February 20, 1974, Floyd Be -
rendes of 70 Nevada Street filed
claim against the City of Dubuque,
Iowa, it. amount of $470.62, claim-
ing said damage occurred on Jan-
uary 8, 1974 as a result of a sewer
blockage; and further claiming
said blockage occurred because of
sewer rods in the sewer line.
This matter was referred to the
appropriate City Agency and the
City Attorney was advised on
April 3, 1974 that said claim had
been satisfied in full.
In view of the foregoing, I re-
commend that the claim against
the City of Dubuque be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved approval of
the recommendation. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
April 5, 1974
Honorable Mayor
and City Council
Clin-Que, Inc, commenced an ac-
tion against the City of Dubuque
in the District Court of Dubuque
County, Iowa claiming that its de-
posit of $6871.50 as partial pay-
ment of the costs of installing an
eight inch water main from Penn-
sylvania Avenue to plaintiff's pro-
perty by reason of the fact that
connection charges had accrued
and that plaintiff be reimbursed
said amount pursuant to the con-
tract, entered into by the parties
on October 28, 1968..
This matter was tried before the
District Court of Dubuque County,
Iowa and thereafter on the 2nd
day of April, 1974, the Court ren.
dered a judgment in favor of plain-
tiff against the defendant for the
sum of $1002.26 together with
court costs in the amount of
$50.25.
It is the recommendation that
judgment be satisfied and that the
City Auditor be instructed to draw
warrant payable to Clin-Que, Inc.
in the amount of $1002.26, togeth-
er with warrant in the amount of
$50.25 covering court costs in said
cause.
Original Notice with petition at.
tached is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved approval of
the recommendation. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Notice of personal injury claim
of Alphonse H. Boge Jr. in the
amount of $250,000. as the result
of a gunshot wound on October 12,
1973, inflicted by Police Officer
Brown at a house on White Street,
presented and read. Mayor Thoms
moved the notice be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Lundh. Carried by the follow.
Ing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of City Attorney
submitting an ordinance removing
some ambigious language in an Or.
dinance adopted in 1969, Park
Board request attached, presented
and read. Mayor Thoms moved
the communication be received
and filed. Seconded by Council-
man Stackis. Carried by the fol.
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Naas — None.
ORDINANCE NO. 26.74
An Ordinance Amending Ordi-
nance No. 24-69 known as the
Ordinance Regulating Conduct
in Public Parks of the City of
Dubuque, Iowa, by Amending
Section 30 Thereof and Enacting
a New Section 30 in lieu there-
of to provide for the Open Sea-
son or Hours for the Respective
Parks in the City of Dubuque,
Iowa, presented annd read.
Mayor 'Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Special Session, April 15, 1974 203
Nays—None.
Mayorrequiring
Tian Ordinancmoved e tobhe
e
rule
read on Scba ca
waived. eoonded Councilman
Stackil, Carried by the following
VOyeag _ Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 26.74
An Ordinance Amending Otdinanee
No. 24-69 known Conduct intltPublic
Rdinance
egulating Parks
of the City of Dubuque, luwa by
srrtrnding Section 30 therenf and en-
acting a nen Section 30 in lieu there-
of
hours
or,ide the frespective the Pearksain the
hours
Gir of Dubuque, h.wa.
No w, THEREFORE, BF. IT OR
DyNED by the Cita Council of tht
City of Dubuque, Iowa:
SECTION I. That Ordinan.:e No. 24-
69 of til- City of Dubuque, I:rwa be and
the sane is hereby amended by repealin,-
Scctian 30 thereof and enacting a new
Section 30 in lieu thercuf as follows:
"Section 30."
The open season or hours for the r--
spsxdre parks and park facilities .halt
be tsutlished by the Park Board.
(a) Eagle point, I.uu:s Murphy Park
and Flora Park shall be closed to
the public during hours from mid-
night to 7:00 o'clock A.M. during
the regular park season and Frank-
lin D. Roosevelt Park shall be
clo.ed to the public from sunuc
to 7:00 o'clock A.M. during the
re.jular park season.
(b) During the period of time other
than the regular open park sea-
son, no person shall enter or re-
main in any park or parkwai
above named. On thow occasion:
w),rn weather permits, the above
narud parks will be open for mov-
ing vehicular traffic on weekdays
h tween the hours of 8:0) o'clock
A.M. and 3:00 o'clock P.M. and
on weekends from 12oo ocbck
noon to $:00 o'clock P.M."
Passed, adopted and approved this istlr
day rrf April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Janna E. Brady
Councilmen
ATTEST:
1 -co F Frommelt
City Clerk
PuHished officialiv in the Telegrtpl
Moral) Newspaper this 19th day of April
1974,
Loo F. Frommelt
It. 4.19, City Clerk
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded
Dy Councilman Stackis. Carried by
the following vote:
Yeas —Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
AN ORDINANCE Authorizing
Ronald Amundson and Richard B.
Windsor to construct a canopy
over sidewalk at 253 Main Street,
presented and read. Mayor Thoma
moved to table the ordinance to
the meeting of April 22nd. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Ycas — Mayor Thoma, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher of Notice of
Public Hearing to consider amend.
ing Zoning Ordinance No. 3.34 so
as to change Manternach property
(Peru Road) from Multiple Resi-
dence District to Business "B" Dis-
trict Classification, presented and
read. No written objections were
filed and no oral objectors were
present at the time set for the
public hearing. Mayor Thoms
moved the proof of publication be
received and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 27-74
An Ordinance Amending and
Changing Ordinance No. 3.34,
known as "The Zoning Ordi.
nance and Zoning Map of the
City of Dubuque, Iowa"
so as to
change certain property herein-
after described from "Multiple
Residence District" classification
to "Local Business 'B' District"
classification, said Ordinance
having been previously present-
ed and read at the Council meet-
ing of March 11, 1974, presented
for Final Adoption.
ORDINANCE r4o. 27-74
An Ordinance Amending and Chang-
ing Ordinance No. 344, known as
"The Zoning Ordinance and Zoning
Map of be City of Dubuque. Iowa"
so as to change certain property here-
inafter described from 'Muttip'e
Krsidence District" ciassificatiun to
"Local Business V District" ciassifi-
ca t ion.
204 Special Session, April 15, 1974
NOW THEREFORE BE IT OR-
DAIXED by the City Council of the
City of Dubuque, Iowa:
SECTION 1. That Ordinance No. 3-
34, known as "The 7.oniog Ordinance and
Zttnine 4fap of the City of Dubuque,
Iowa' be and the same is hereby amerd-
ed by changing from "Multiple Residence
risrrict" classification to "Local Busi-
ness 'B' District" classification the fol-
Iowinp dcs:ribed real estate, to wit:
Commencing at theWest t/4 of Section
12, :hence East 1530.37 feet to the cen-
terline of Peru Road, thence North 5
degree: 16 feet 30 inches West, 730.46
fat to -he point of beginning, 'Thence
North 5 degrees 56 feet 30 inches West,
146.31 feet along said ccnterlinc, Thence
North a degrees 56 fret 30 inches West
492.60 feet along said centorlint, Thence
North 15 -iegrecs 08 feet 11 inches West,
496.09 feet along said centerline: Thence
South 74 degrees 51 feet 4$ inches West,
260 feet, Thence South 15 degrees 09
feet is inches East, 260 feet paral:_I to
said xviterline, Thence South 9 deg:cea
56 feet 30 inches East, 260 feet par. -Ile]
to said centerline, Thence North 84
degrees 09 feet 45 Inches East, 260 tees
to the point of beginning, all located in
portions of Lot A and I.or B of Terrace
Heights Subdivision and Lot 3 of the
Northwest !4 of the Northwest t/4 of
Section 12, T99N, R2E of the 5th P.M.
in the City of Dubuque, Iowa.
SECTION 2. That the foregoing
Amer.dm•nt has heretofore been approved
by tht Planning and Zoning Commission
of the City of Dubuque, Iowa.
Passed, approved and adopted this 15th
day of April, 1974,
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stacki-
James F. Brady
Councilmen
ATTEST:
Lto F Frommelt
City Clerk
1'ub!iAtd officially in the Telegraph
Herald Newspaper this 19th day of April,
1974.
Leo F. Fcrmmelt
City Clerk
It. 4-19.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public hearing to consider propos-
al to dispose of Lot A a crosswalk
between Lot 1 of Lot 6 and Lot 1
of Lot 7 in Dubuque Homes Sub.
No. 2 to Francis P. Raymond, pre.
sented and read. No written ob.
jections were filed and no oral
objectors were present at the time
set for the public hearing. Mayor
Thoms moved the proof of publi.
cation be received and filed. Sec.
onded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh
Stackis.
Nays—None.
ORDINANCE NO. 28.74
An Ordinance Vacating a Dedi.
cated Walkway located between
Lot 1 of 7 and Lot 2 of 6 of the
Dubuque Homes Subdivision No.
2 in City of Dubuque, Iowa, said
Ordinance having been previous•
ly presented and read at the
Council meeting of March 11,
1974, presented for Final Adop.
Non.
ORDINANCE NO. 28.74
An Ordinance Vacating a Dedicated
Walkway located between Lot 1 of
7 and Lot 2 of 6 A the Dubuque
Humes Subdivision No. 2 in City if
Dubuque, Iowa.
WHEREAS, Francis P. Raymond, own-
cr cf Lot I of 7 of Dubuque Homes Sub-
divis::t. No. 2, has petitioned the City
Council for the vaca!ion of the dedicated
walkway located between Lot I of 7 and
Lot 2 of 6 of the above described real
tstate situated in the City of Dubuque,
Iowa.
WHEREAS, the owner of the real es-
tate described as Lot 2 of 6 of Dubuque
Homes Subdivision No 2, in writing,
does not object to the vacation and sale
of dedicated crosswalk to Francis P. Ray-
mond.
WHEREAS, the City Planning and
Zoning Commission of the City of Du-
buque, has reviewed the petition of Mr.
Francis P Raymond requesting vacation
of a cross.:salk abutting his property which
is described as Lot 1 of 7 in Dubulue
Homer Subdivision No 2, and the com-
mission has determined that the above
described property serves no present or
for seeable sued as a "crosswalk" and has
no objections to its vacation.
WHFREAS, the City Engineering staff
has rtviewed the request of Mr. Frarcu
1'. Raymond to vacate dedicated walkway
lucatcd between Lot 1 of 7 and Lot 2
of 6 in Dubuque Homes Subdivision No.
2, 10 feet wide and 343.29 feet long on
south side and 346.55 feet long on the
north side. and the engineering staff feels
there is nu reason for the City of Du-
buque to retain tllis crosswalk and feel
it :n the best interest to the City to
vacate and sell samr to Mr. Francis P
Raymond.
Special Session, April 15, 1974 205
NOW, THEREFORE, BE IT OR-
DAINED by the Citv C"uncil of the
City of Dubuque, Iowa:
SECTION 1. That the plat of Lot A,
a ded;rated crosswalk Innat,d between Lot
1 of 6 and Lot 1 of bean Dubuque HoHomesSubdiv ion No. 2. R late of t
28ih lap of Nbruary, 1974, and pre-
pared by the City Engineer of the City
of Dubuque, Iowa, be and the same is
hen! A. an•,roved and tine Ma:ror and the
City Clerk be and they are hereby tu-
thoriv-d and directed to execute the same
for and on behalf .f the City of Du-
buque, Inwa.
SECTION 2. That said real estate de
scribeJ as: Lot A. a crosswalk between
Lot I of 6 and Lot 1 of 7 in Dubuque
homes sttb.livision No. 2, in the City of
Dubuque. Iowa, be and the same is htre-
by vacated.
St:CnON 3. Th -it the City Clerk be
and be i1 hereby authorized and directed
to cause notice of intent to dispose of
said -eal estate to Mr. Francis P. Ray-
mon.i, which real estate is described in
the paragraph hereinabove.
SECTION 4. That conveyance of said
Lot A. a crosswalk between Lot 1 of 6
and Lot 1 of 7 in Dubuque Homes Sub-
divnsicn Na 2, in rhe City of Dubuque,
Iowa to Mr. Francis P. Raymond be and
the rano is hereby approved upon ray-
ment of slo0.00 and upon payment of
cost of prblicadon and filing costs.
Passtd, cpproved ind adopted this 156
day of April, 1974.
Allan T. Thoms
Mayor
C. Rribert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
ATTFST:
Leo F. Frommelt
City Clerk
Published officially in rite Telegraph
Herald Newspaper this 19th day of April,
1974.
Leo F. Frommelt
City Clerk
It. 4-19.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 125-74
WHEREAS, pursuant to resolu-
tion of published notice of time
and place of hearing published in
the Telegraph -Herald, a newspaper
Of general circulation published in
the City of Dubuque, lowa on
March 15, 1974 and March 22,
1974, City Council of City of Du-
buque, Iowa, met on the 15th day
A April, 1974 at 7:30 o'clock P.M.
(Central Daylight Savings Time) in
the City Council Chambers, City
Hall, Dubuque, Iowa to consider
the proposal to vacate and dispose
of interest of the City of Dubuque,
Iowa in certain real estate, here-
inafter described, to Francis P.
Raymond: and
WHEREAS, City Council of City
of Dubuque, Iowa overruled any
and all objections, oral or writ-
ten, to the proposal to dispose of
interest of City of Dubuque, Iowa
in the hereinafter described real
estate to Francis P. Raymond:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of City of Dubuque, Iowa
in the following described parcel
of vacated real estate, to -wit:
Lot "A", a crosswalk between
Lot 1 of Lot 6 and Lot 1 of
Lot 7, in Dubuque Homes Sub-
division No. 2 in the City of
Dubuque, Iowa
to Francis P. Raymond for $100.00,
plus publication costs and filing
fees be and the same is hereby ap-
proved; and that conveyance shall
be made by Quit Claim Deed and
no abstract will be furnished.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to deliver deed of
Conveyance conveying the above
described parcel of real estate to
Francis P. Raymond upon receipt
of the purchase price of $100.00
plus publication costs and filing
fees.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of-
fice of the Dubuque County Re-
corder.
Passed, approved and adopted
this 15th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
206 Special Session, April 15, 1974
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Harlan J. Roth re-
questing rezoning of lots 568 and
569 in Lennox Addition from sin-
gle family to double family dwell-
ing on McPoland Street, presented
and read. Mayor Thoms moved the
petition be referred to the Plan-
ning & Zoning Commission. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Dubuque Realty,
Mike McCarthy offering to submit
a proposal on the purchase of city
owned Lot 153 in Lennox Addition,
presented and read. Mayor Thoms
moved the petition be referred to
the City Manager and City Attor-
ney. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Peoples Natural Gas
requesting permission to excavate
in Gilliam Street, presented and
read. Mayor Thoms moved the pe-
tition be approved. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
Petition of Peoples Natural Gas
requesting permission to excavate
in Audubon Street, presented and
read. Mayor Thoms moved the pe-
tition be approved. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition for annexation by the
DeLuxe Motel Inc. covering Lot 2
of 2 of 1 of Deluxe Cottage Court
and Lot 2 of 1 of 1 of 1 of 1 of
George Jecklin Farm, presented
by Attorney D. Clemens, presented
and read. Mayor 'Thoms moved the
Petition be referred to the Plan,
ning & Zoning Commission. Sec•
onded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Order of Ahepa re.
questing permission to place can.
nisters in various establishments
for raising funds for the fight
against Cooley's anemia, presented
and read. Mayor Thoms moved the
petition be granted and referred
to the City Manager. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
April 12, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Block 14
in "Sunrise Heights Subdivision"
in the City of Dubuque, Iowa. The
Commission has determined that
the final plat is in conformance
with the approved preliminary
plat and is an appropriate design
for this area. It has also noted
that the subdivision conforms to
the standards of the Zoning and
Subdivision Ordinances. The Plan-
ning and Zoning Commission has
recommended your approval of
this plat.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 12674
Resolution Approving the Plat
of Block 14 in "Sunrise Heights"
in the City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Block
14 in "Sunrise Heights" in the
City of Dubuque, Iowa, by James
H. Richard and Darlene H. Rich-
ard; and
Special Session, April 15, 1974 207
WHEREAS. upon said plat ap-
pear streets to be known as Mead-
ow Wood Drive, together with cer-
tain public utility easements which
the Owners by said plat have dedi-
cated to the public forever; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning endorsed lion and had
thereon; and
its approval
WHEREAS, said plat has been
exam hity Council
they
find that the sameconforms
to statutes and ordinances relating
thereto, except that street grades
have not been established, the
streets brought to grade, or pav-
ing, sewer or water installed;
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the dedications
of Meadow Wood Drive together
with the easements for public util-
ities as the same appear upon said
plat, be and the same are hereby
accepted;
Section 2. That the plat of Block
14 in "Sunrise Heights" in the City
of Dubuque, Iowa. be and the same
is hereby approved and the Mayor
and City Clerk are hereby author-
ized and directed to endorse the
approval of the City of Dubuque,
Iowa, upon said plat, provided the
owners of said property herein
named, execute their written accep-
tance hereto attached agreeing:
a. To reduce all streets to grade
and to construct concrete curb and
gutter and to hard surface Mead-
ow Wood Drive with bituminous
concrete, or with concrete paving
with integral curb, all in accord-
ance with City of Dubuque stand-
ard specifications:
b. To install sanitary sewer
mains and sewer service laterals
in accordance with plans submit-
ted with the plat;
c. To install water mains and
water service laterals in accord-
ance with plans submitted with the
plat;
d. To install storm sewers and
catchbasins in accordance with
plans submitted with the plat;
e. To install concrete sidewalks
as required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
f. To construct the foregoing im-
provements in accordance with
Plans and specifications approved
by the City Manager, under the in-
spection of the City Engineer, and
in a manner approved by the City
Manager;
g. To maintain the foregoing im-
provements for a period of four
(4) years from the date of their
acceptance by the City of Du-
buque, Iowa;
h. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
.James H. Richard and Darlene H.
Richard, as owner;
L To construet said improve•
ments, except sidewalks, prior to
March 15, 1976, and to construct
the sidewalks prior to March 15,
1978: and P..irther provided that
said James H. Richard and Dar-
lene
arlene H. Richard, as owner of said
Subdivision, secure the perform-
ance of the foregoing conditions
by providing security in such form
and with such sureties as may be
acceptable to the City Manager.
Section 3. That in the event
James H. Richard and Darlene H.
Richard, shall fail to execute the
acceptance and furnish the secur-
ity provided for in Section 2 herr,-
of within 45 days after the date
of this Resolution, the provisions
hereof shall be null and void and
the acceptance of the dedication
and approval of the plat shall not
he effective.
Passed, adopted and approved
by unanimous recorded roll call
this 15th day of April, A.D., 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommeit
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 126.74
We, the undersigned James H.
Richard and Darlene H. Richard
having read the terms and condi-
tions of the foregoing Resolution
No. 126-74 and being familiar with
the conditions thereof, hereby ac-
cept the same and agree to per-
form the conditions required
therein.
Dated at Dubuque, Iowa, this
29th day of May, 1974.
s/James Ii. Richard
s/Darlene H- Richard
208 Special Session, April 15, 1974
TO:
LEO F. FROMMELT
CITY CLERK
This is to certify that the secur-
ity provided by the foregoing RES-
OLUTION NO. 126-74 has been
furnished by the owners.
Dated at Dubuque, Iowa, this
29th day of Mav, 1974.
Gilbert D. Chavenelle
City Manager
Mavor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the followine vote:
Yeas — Mayor Thoms, Council -
risen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 127.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Coun^il for approval and
the same have been examined
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provi-
sions of Chapter 131, Acts of the
First Regular Session, 64th Gen- j
eral Assembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Leonard H. and Betty L. Crane.
dba Cock -N -Bull Supper Club,
2245 Kennedy Road
Knights of Columbus Council 510,
781 Locust Street
ALSO SUNDAY SALES
Raymond Ney, dba Ray's Tap, 2186
Central Avenue
Marco's Inc., dba Marco's Italian
American Foods, 2022 Central
Avenue
Passed, adopted and approved
this 15th day of April 1.974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -Node.
Attest:
Leo F. Frommelt
City Clerk
RESOLUTION NO. 128.74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all the
City Ordinances relevant thereto
and they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Leonard H. and Betty L. Crane dba
Cock -N -Bull Supper Club, 2245
Kennedy Road
Knights of Columbus Council 510,
781 Locust Street
ALSO SUNDAY SALES
Raymond Ney, dba Ray's Tap, 2186
Central Avenue
Marco's Inc., dba, Marco's Italian
American Foods, 2022 Central
Ave.
Passed, adopted and approved
this 15th day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 129.74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
Special Session, April 15, 1974
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "B" BEER PERMIT
Dubuque Sports Unlimited, Inc.,
4th Street Extension
Passed, adopted and approved
this 15th day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 130-74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the follow-
ing named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
Dubuque Spurts Unlimited, Inc.,
4th Street Extension
Passed, adopted and approved
this 15th day of April 1974.
Allan T, Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop
tion of the resolution. Secondee
)y Councilman Justmann.
ay the following vote:
Yeas — Mayor Thoms,
men Brady, Justmann,
Stackis.
Carried
Council-
Lundh,
Nays—None.
Petition of Edward A. Freihage
objecting to storm sewer washout
problem on the south side of Mc-
Donald's Restaurant., presented
and read. Councilman Justmann
moved the petition be referred to
the City Manager, Engineering De-
partment, and City Solicitor for in-
vestigation and report. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Earl Bock
submitting a survey and overall
review of the traffic problem in
the City, as a follow up of one
submitted on September 23, 1972,
presented and read. Mayor Thoms
moved the communication be re-
ferred to Engineering Department
and Transportation Committee.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of the Daven.
port Times -Democrat submitting a
Sunday edition of March 31, 1974,
devoted to city -county intergovern-
mental cooperation and consolida-
tion, presented and read. Mayor
Thoms moved the communication
be received and filed and a copy
sent to the County Supervisors.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
There being no further business,
Mayor Thoms moved to adjourn.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
208 Special Session, April 15, 1974
TO:
Attest:
LEO F. FROMMELT
Leo F. Frommelt
CITY CLERK
City Clerk
This is to certify that the Recur-
RESOLUTION NO. 128.74
ity provided by the fnreeoing RES
been
WHEREAS, applications for Liq-
OLU7TON N0. ] has
uor Licenses were filed by the
woe
furnished by the owners.
Iowa, this
within named applicants and the
Dated at May. 19 P,
29th day of
have received the approval of this
D. C avenelle
Gilbert D.
Gilbert
Council, and
a
City Manager
WHEREAS, the premises to be
Mayor Thoms moved adoption
occupied by such applicants were
inspected and found to comply
of the resolution. Seconded by
Carried by
with the State Law and all the
C.Justmann.
Councilman
City Ordinances relevant thereto
the following vote:
Mayor Thoms, Council-
and they have filed proper bonds,
Yeas —
men Brady, Justmann, Lundh,
NOW TIiEREFORE BE IT RE_
SOLVED by the City Council of
Stackis.
Dubuque, Iowa, that the Manager
Nays—None.
be authorized to cause to be is.
REeOLUTION NO. 127.74
sued to the following named ap-
WHERFAS, applications for Liq-
plicants a Liquor License.
uor Licenses have been submitted
CLASS "C" (COMMERCIAL) BEER
to this Coun^il for approval and
AND LIQUOR LICENSE
the same have been examined
Leonard H. and Betty L. Crane dba
NOW THEREFORE BE IT RE-
Cock -N -Bull Supper Club, 2245
SOLVED by the City Council of
Kennedy Road
the City of Dubuque, Iowa, that
Knights of Columbus Council 510,
the following applications be ap-
781 Locust Street
proved and licenses issued upon
ALSO SUNDAY SALES
the compliance with the provi.
Raymond Ney, dba Ray's Tap, 2186
sions of Chapter 131, Acts of the
Central Avenue
First Regular Session, 64th Gen-
Marco's Inc., dba, Marco's Italian
eral Assembly.
American Foods, 2022 Central
CLASS "C" (COMMERCIAL) BEER
Ave.
AND LIQUOR LICENSE
Passed, adopted and approved
Leonard H. and Betty L. Crane.
this 15th day of April 1974.
dba Cock -N -Bull Supper Club,
Allan T. Thoms
2245 Kennedy Road
Mayor
Knights of Columbus Council 510,
C. Robert Justmann
781 Locust Street
James E. Brady
ALSO SUNDAY SALES
Alvin E. Lundh
Raymond Ney, dba Ray's Tap, 2186
Emil Stackis
Central Avenue
Councilmen
Marco's Inc., dba Marco's Italian
Attest:
American Foods, 2022 Central
Leo F. Frommelt
Avenue
City Clerk
Passed, adopted and approved
Councilman Stackis moved adop-
this 15th day of April 1974.
tion of the resolution. Seconded
Allan T. Thoms
by Councilman Justmann. Carried
Mayor
by the following vote:
C. Robert Justmann
Yeas — Mayor Thoms, Council -
Lundh,
James E. Brady
men Brady, Justmann,
Alvin E. Lundh
Stackis.
Emil Stackis
Nays --None.
Councilmen
RESOLUTION NO. 129.74
Councilman Stackis moved adop-
WHEREAS, applications for
tion of the resolution. Seconded by
Beer Permits have been submitted
Councilman Justmann, Carried by
to this Council for approval and
the following vote:
the same have been examined;
Yeas — Mayor Thoms, Council.
NOW THEREFORE BE 1T RE -
men Brady, Justmann, Lundh,
SOLVED by the City Council of
Stackis.
the City of Dubuque, Iowa, that
Nays --None.
the following applications be
Special Session, April 15, 1974 209
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "B" BEER PERMIT
Dubuque Sports Unlimited, Inc.,
4th Street Extension
Passed, adopted and approved
this 15th day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 130-74
WHEREAS, applications for
Feer Permits were filed by the
within named applicants and they
have received the approval of this
council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the follow-
ing named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
Dubuque Sports Unlimited, Inc.,
4th Street Extension
Passed, adopted and approved
this 15th day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Edward A. Freihage
objecting to storm sewer washout
problem on the south side of Mc-
Donald's Restaurant, presented
and read. Councilman Justmann
moved the petition be referred to
the City Manager, Engineering De-
partment, and City Solicitor for in-
vestigation and report. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Earl Bock
submitting a survey and overall
review of the traffic problem in
the City, as a follow up of one
submitted on September 23, 1972,
presented and read. Mayor Thoms
moved the communication be re-
ferred to Engineering Department
and Transportation Committee.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of the Daven.
port Times -Democrat submitting a
Sunday edition of ?lurch 31, 1974,
devoted to city -county intergovern-
mental cooperation and consolida-
tion, presented and read. Mayor
Thoms moved the communication
be received and filed and a copy
sent to the County Supervisors.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
There being no further business,
Mayor Thoms moved to adjourn.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
210 Special Session, April 15, 1974
Approved September 16 1974
Adopted September 16 1974
Special Session, April 17, 1974 211
CITY COUNCIL
OFFICIAL
Special Session, April 17, 1974.
Council met at 5:30 P.M. (C.D.T
Present—Mayor Thorns,CouneiiI
-
men ..Brady, ..Justmann, ..Lundh,
Stackis. City Manager Gilbert D.
ChaveneHe.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
SIDERING THE ISSUANCE OF A
BEER PERMIT TO ST. PATRICK'S
CHURCH and acting upon such
other business as may properly
come before a regular meeting of
the Council.
RESOLUTION NO. 131.74
WHEREAS, applications for
Beer Permits have been submit-
ted to this Council for approval
and the same have been exam.
ined;
NOW 'THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "B" BEER PERMIT
and SUNDAY SALES
St. Patrick's Church, 1425 Iowa
Street
Passed, adopted and approved
this 17th day of April 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Justmann, Lundh, Stackis.
Nays --Councilman Brady.
W'HF.RF.AS, the premises t,) be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the follow-
ing named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
and SUNDAY SALES
St. Patrick's Church, 1425 Iowa
Street
Passed, adopted and approved
this 17th day of April 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
RESOLUTION NO. 132.74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the folluwing vote:
Yeas — Mayor Thorns, Council-
men Justmann, I.undh, Stackis.
Nays --Councilman Brady.
RESOLUTION NO. 133-74
A Resolution of Support for the
Proposed Corridor Alignment of
Freeway 520 in Dubuque Coun-
ty, and requesting the timely
completion of the proposed Im-
provement together with other
high priority elements of the
Arterial Road System in the Du.
buque Metropolitan Area.
Whereas, the Iowa State High-
way Commission has completed a
Draft Environmental Impact State-
ment and Planning Report for
Freeway 520 in Dubuque and Dela-
ware Counties, in Iowa; and
Whereas, an informational meet-
ing has been conducted on the pro-
posed corridor planning report,
which meeting was attended by
members of the City Council of
the City of Dubuque, Iowa; and,
Whereas, a corridor public hear-
ing has been scheduled for April
18, 1974, for purposes of eliciting
the views and comments of con-
cerned citizens and units of local
i government; and
212 Special Session, April 17, 1974
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the conceptt of a
freeway -type facility as proposed
in Dubuque and Delaware Coun-
ties is hereby endorsed and ap-
proved by the City Council of the
City of Dubuque, Iowa.
Section 2. That the corridor lo-
cation for such facility as recom-
mended by the Planning Report
for Project No. F-520-9, dated
March, 1974, is found to be in ac-
cordance with long-range transpor-
tation planning for the City of
Dubuque, Iowa.
Section 3. That the Commission
update the projections on traffic
usage based upon current informa-
tion and energy availability.
Section 4. That the Iowa State
Highway Commission and the Fed-
eral Highway Administration are
hereby requested to proceed Witt
implementation of the proposed
freeway plan.
Passed, approved and adopted
this 17th day of April, 1974.
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution as amended.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
COUNCILMAN J U S T M A N N
LEFT THE COUNCII. CHAMBER
AT 6:10 P.M.
Councilman Stackis moved that
the Mayor and City Manager are
to serve as members of the Re-
gional Planning Commission and
two Councilmen as alternates. Sec.
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council.
men Lundh, Stackis.
Nays—Councilman Brady
Absent—Councilman Justmann.
Mayor Thoms moved that the
City of Dubuque approve the Ar.
ticles and By -Laws and Inter Gov-
ernmental Agreement creating
the area Council of Governments
and formally petition for entry
therein and the Mayor be author.
ized to sign for the City of Du.
buque. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
There being no further business
Councilman Stackis moved to ad-
journ. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
Leo F. Frommelt
City Clerk
Approved Se.ntember 16
1974
Se a 16+1974
Adopted .... t
....:::....mber............... .
........................ :.
Special Session, April 22, 1974 213
CITY COUNCIL
OFFICIAL
Special Session, April 22, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thorns read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose OF CON-
SIDERING SALE OF LAND IN
BLOCK 5 of RIVER FRONT other UB.
NO. 3 and acting up
business as may properly come be-
fore a regular meeting of the City
Council.
Communication of HUD express-
ing thanks for courtesies extended
to Veronica Moore on her recent
visit to the City, presented and
read. Councilman Justmann moved
the communication be received
and filed. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Delos A. Dor-
weiler submitting information and
ground work information relative
to his Lot 10 of Mettel Link Addi-
tion, presented and read. Council-
man Justmann moved the commu-
nication be received and filed and
referred to the City Manager and
the Engineering Department. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of E. A. Gartner
et a] (55 signers) objecting to the
possible construction of a six story
apartment building on a lot be-
hind Graham Circle, presented an
read. Mayor Thoms moved th
communication be referred to th
Council and the Planning & Zon
ing Commission. Seconded b
Councilman Justmann. Carried b
the following vote:
Yeas — Mayor Thorns, Council
men Brady, Justmann, Stackis.
Nays—None.
Abstain --Councilman Lundh.
Communication of Robert Rose -
now of 1420 Glen Oak comment-
ing on the presentation made by
former Councilman Bitter concern-
ing the beer license for the Amer-
ican Legion, presented and read.
Mayor Thorns moved the commu-
nication be received and filed.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Edna G. Be-
nell submitting ideas as to cutting
down on noises, mufflers etc., also
leaving garbage trucks and con
struction crews start earlier, also
the barking of dogs, presented and
read. Mayor Thorns moved the
communication be received and
filed and referred to the Health
Department. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—'.none.
Communication of Adeline Faust
suggesting changing of routes for
garbage trucks such as alternating
the weekly pickups, presented and
read. Mayor Thorns moved the
communication be received and
filed and referred to Engineering
Department. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote,
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of University of
Iowa submitting announcement of
a special seminar on Alcoholism
to be held at Maquoketa on May
28, 1974, presented and read. Ma-
yor Thoms moved the communi-
cation be received and filed and
referred to the Health Department
and County Mental Health Center.
d Seconded by Councilman Just-
e mann. Carried by the following
e vote:
ouncil-
Yeas — Mayor Thorns,CLundh
y men Brad Justmann,
,
y Stackis.
Nays—None.
Communication of Dubuque
Transit Trustee Board recommend-
ing that permission be granted to
the Cab Company to permit more
214 Special Session, April 22, 1974
than one party to ride in cabs at
one time, presented and read.
Councilman .lustmann moved the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
April 19, 1974
To the honorable Mayor and
City Council
The A -OK Yellow Cab Company.
on April 3, 1974, requested the
City of Dubuque to grant them a
rate increase. The cab company
also requested that modification
be. made in the following section
of the ordinance:
g) When service is provided to
more than (1) passenger on
a trip, the driver shall re-
quest and receive the oral
consent of original passenger
before providing service to
additional passengers.
The cab company has requested
that this provision of the ordi-
nance be deleted.
After analyzing the financial
statement of the cab company's
operations for the last two months,
the staff is recommending and
submitting an ordinance for grant-
ing the following increases:
a) Increase in the first quarter
mile from 704 to 904.
b) Increase the minimum charge
in all cases from 704 to 904.
Your staff also recommends
that the clause restricting the
provision relating to permission
for additional passengers in the
cab be deleted from the ordinance.
The cab company has said that
the proposed increases will gen-
erate an additional $36,000 annual-
ly. Of this $36,000, they maintain
approximately 60% will be used
for operating expenses which will
result in a net revenue increase
of $14,400.
The cab company has assured us
that even though the provision re-
lating to additional passengers in
a cab is amended, that they will
not reduce the quality of service
they are now providing in the:
City of Dubuque.
Your approval of this ordinance
is recommended.
Francis A- Murray
Assistant City Manager
Councilman Justmann moved
the communication be received
and filed. Seconded by Council.
man Stackis. Carried by the fol.
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms moved to suspend
the rules in order to let anyone
present address the Council if they
so desire. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mrs. Luerskens addressed the
Council stating that the taxi Com-
pany is hard pressed financially
and would welcome a fare in-
crease. Councilman Brady moved
to reinstate old section (g) as ap-
pears in Ordinance No. 11.69 and
the passenger rate for first one-
fifth mile read 904 and each ad-
ditional one-fifth mile 10 cents of
sections (a) and (b). Seconded by
Councilman Lundh. Carried by
the following vote:
Yeas — Councilmen Brady,
Justmann, Lundh, Stackis.
Nays—Mayor Thoms.
ORDINANCE NO. 29.74
An Ordinance Amending Ordi-
nance No. 11-69 by repealing
Section 2 thereof and enacting
a New Section 2 in lieu thereof
to provide for the rate or fare
to be paid by one passenger
from seventy cents for the first
one-fifth mile to ninety cents
therefor and to provide for rate
or fare to be charged each pas-
senger regardless of origin and
regardless of destination and to
provide a five dollars an hour
waiting charge: and repealing
Ordinance No. 55.73, presented
and read.
Mayor 'Thoms moved that the
heading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nay"one.
Mayor Thoms moved the rule
requiring an Ordinance to be read
on three separate days be waived.
Special Session, April 22, 1974 215
b Councilman Lundh.
passenger in a given trip, the driver
furnishing
by the following vote:
the service shall request
Carried
Cried
Mayor Thoms, Council-
and be given the oral consent of the
Yeas —
Lundh,
original passenger; and no additional
men Brady, ,Tustmann,
passenger may be taken unless the
Staekig
consent of the original passenger is
Nay --s —None.
given.
ORDINANCE N0. 29-74 -3
.WrION 2. That Ordinance No. 1f -
passed and adopted the 3rd day of
An Ordinance Amending Ordinance December,
1973, be and the same is
No. 11-69 byrcpraling Section 2 there- herebv repealed.
of and rnact;ng a New Section 2 in
ped, approved and adopted this 22nd
be. thereof to provide for the rate or day of April, 1974.
fare to be paid by one passenger from
Allan 1'. Thoms
seventy cents for the first one -faith
and to
Mayor
C. Robert Juarmann
mile to ninety centstherefore
for rate or fare to be charged
Alvin E. Lssndh
provide
each passenger regardless of origin and
Emil stades
regardlns of a tinarion and to pro-
James E_ Brady
Vide a five dollars an hour waiting
Councilmen
charge: and repealing Ordinance No. Attest:
ti -73.
Leo F. Frommeh
rT OR-
NNE THEREFORE BE c" of the
by the Citi Coon
7
City rk
publitltedltofficislly in the Te)egraph
City of Dubuque, Iowa:
city of
Herald Newspaper this 26 Is day of April,
SECTION 1. That section 2 of Ordi.
1974. Leo F. Frommelt
,=,, No. 11-49 be and the same is
hereby repealed sad that a new Section
city Clerk
2it.
be enacted in hen thereof as follows:
4-2t.
Mayor Thoms moved final adop
"Section 2. That Section 13 of Ordi
by Ordi-
Y
tion of the Ordinance AS AMEND-
nance No. 33-57, as anwndc•d
No. 40-6s is hereby repealed and
ED. Seconded by Councilman
nance
Section 13 is enacted in lieu thereof
Lundh. Carried by the following
a near
as follows:
Section f f. The f flowing are hereby
vote:
Yeas — Magor Thoms, Coancil-
fixed and establi,hed as the rates and
men Brady, Justmann, Lundh,
charges for the transportation of pas-
Stackis.
sengen within the City limits of tilt
Nays --None.
City of Dubuque, Iowa:
April 18, 1974
a) One passenger:
Honorable Mayor And
First li mite --90 cents
Cit Council
Y
Each additional (Ys) mile 10 cents
Fi-
I submit the City Anditarrs Fi
b) Two or more passengers (not ex-
origin
nanee Repot for
ceeding s), same points of
t19773.
D. Chavenelle
and destination:
First 0A) mile --90 cents
City Manager
Each additional (Vs) mile --10 cents
Mayor Thoms moved the COIn-
Each extra passenger --10 cents
munication be received and filed
C) Two or murr passengers Ina e1-
Seconded by Councilman Stackis.
«ed;ng s>, sane point of origin
Carried by the following vote:
but different.destutatioits: First pas-
Y — vutncil
Yeas Maor Thoma, Co
tenger discharged pays one passer-
men Brady. Justmann, ,
ger rue
Meter will continue to operate--
each ,ucceeding passenger discharged
Stackis.
Nay&—None.
will pay increase in total meter rate
App 18, 1974
from metered rate of previous pas-
To the Honorable Mayor
sertger plus (10 cents).
Minimum .hargc in all cases will be
and City Council
to you the petition Of
(9u cents).Dean
I return
Franzen and others request -
d) various points of origin and du-
ing stop liglits at Hempstead High
tinction:
Each person shall pay metered rate
School.
As a report on this request, I
except as outlined under (c)—same
of Chief O'Briens
origin but different destinations.
Minimum charge in all cases will be
subedit a Copy
letter to Mr. Franzen. The March
(90 cents).
21st meeting with school represen-
in the Chief's
t) Rates include ordinary luggage.
tatives referred to
f) Waiting charge begins immediately
letter was both interesting and
at (s1.00 per (sour).
productive. I did check with the
In all cases in which taxicab service
olive deportment today clad a PO-
P
being provided to more than one
216 Special Session, April 22, 1974
lice officer has been stationed at.
the location during school dismissal
since the March 21st day.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, ,lustmann, Lundh,
Stackis.
Nays—None.
April 18, 1974
Honorable Mayor and Members
of the City Council
I have approved the following
bonds and desire to have your ap-
proval of same, subject to approv-
al of the City Solicitor.
Sidewalk Construction Bonds
Edwards Concrete Contractors Inc.
Universal Surety Co. Dated
4-12-74
Clarence (Barney) Grutz, United
Fire & Casualty Company. Dated
5-13-74.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved the filing
approved subject to approval of
City Attorney. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
April 18, 1974
To the Honorable Mayor
and City Council
I am returning to you a letter
from the State Department of
Public Instruction in which it was
suggested that the City offer a
"summer food service."
We contacted Mr. Vern Carpen-
ter and Mr. Cliff Gerstenberger of
the State Department about the
program. Richard Slattery investi.
gated the possibilities of starting
a food service at the playgrounds
and I must report that we are not
prepared to undertake the food
program suggested by the State. I
am submitting to you a copy of
Mr. Slattery's letter in which he
reviews the situation,
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the commu-
nication be approved. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
April 10, 1974
Mr. Gilbert D. Chavenelle
City Manager
This is in response to ,your re-
ferral from the council regarding
the special food services program.
After reviewing the situation
with other agencies in the com.
munity that deal in food service
programs, the following conclu.
sions were reached -
1. The City of Dubuque Recrea.
tion Department does not have
adequate facilities to facilitate this
program.
2. Other agencies with adequate
facilities expressed little interest
in the program.
3. The community does not have
a large concentration of eligible
recipients located in one or more
specific areas.
I have also checked with other
communities in the state of Iowa
that previously had operated a
food service program in conjunc.
tion with their park and recrea-
tion program. Sioux City and Des
Moines, both of whom did operate
a program, no longer provide these
services. The reasons given were:
1. Recreation departments were
not set up to adequately handle
the program efficiently and effec-
tively.
2. Since park and recreation pro-
grams are voluntary -type situa-
tions, the uncertainty of attend-
ance played a major factor in the
number of lunches for which the
departments were reimbursed.
3. The administration and docu-
mentation of eligible recipients
were beyond the capabilities of the
departments, without hiring addi-
tional administrative personnel.
Considering the above informa-
tion, it is therefore my recom-
mendation that the City of Du-
buque Recreation Department not
initiate this program for the sum-
mer of 1974.
Richard J. Slattery
Director of Recreation
April 19, 1974
To the Honorable Mayor
and City Council
We have been advised by the
legal representative of David and
Audrey Waller that our request
Special Session, April 22, 1974 217
for access to their property for
purposes of subsurface soil inves-
tigation on landfill development
has been denied.
The City has also been advised
by the owners of Site "C" that
rights of entry are refused and
legal measures should be utilized
to gain appropriate access.
We respectfully request that
the City Attorney be formally in-
structed to proceed with legal ave-
nues to obtain the necessary ac-
cess.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved the
communication be received and
filed. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -None.
Mr. Jim Gantz addressed the
Council by stating that the Gantz
farm is not available for land fill
purposes.
RESOLUTION NO. 135.74
Resolution Directing the City
Attorney to Institute Eminent
Domain Proceedings for enter-
ing upon certain real estate for
purpose of making subsurface
soil investigations.
NOW THEREFORE BE IT RE
SOLVED by the City Council of
the City of Dubuque.
Section 1. That the City Attor-
ney of the City of Dubuque, Iowa
be and he is hereby directed and
ordered to institute eminent do-
main proceedings for the purpose
of entry and egress and for the
purpose of making subsurface soil
investigation for sanitary landfill
in, over and upon the following
properties to wit:
Premises known as the Gantz
Enterprise Farm and described as
follows: R '/e, SE 11.1, Section 1,
788N, RIE, 5 P.M. in Vernon
Township NE Y4, NW Y4, Section
6, T88N, RIE, 5 P.M., Lot 1 SE
'14, NW1/4, Section 6, T88N, RIE,
5 P.M., NWY4, NW1/4, Section 6,
T88N, RIE, 5 P.M. and SW 1/4,
NW 1/4, Section 6. T88N, RIE, 5
P.M. in Table Mound Township
all in Dubuque County.
Premises known as the David
and Audrey Waller Farm and de-
scribed as follows: NW 14, SE 1/4,
Section 6 except Hwy. 20 R.O.W.,
NE 1/4, SE 1/4, Section 6, SE 1/4,
SE 1/4, Section 6, Lot 1, SW 1/4,
SE '/4, Section 6, Lot 2 of 1 of 1,
SE 1/4, SW 1/4, Section 6, Lot 1
NW 1/4, SW 1/4, Section 5, Lot 1
of 2 of 2, SW 114, SW Y4, Section
5. Lot 2 of 1 of 1 of 1 of 1, NW
1/4, NE 1/4, Section 7, Lot 2 of 1
of 1 of 2, NE 1/4, NE 114, Section
7, all in T88N, 112E, 5 P.M. all in
Tablemound Township Dubuque
County.
Section 2. That the City Attor-
ney be and he is hereby ordered
and directed to do any and all
things necessary and incidental to
said eminent domain proceedings.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution subject to amend-
ment to include legal description.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -None.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on the petition
of George Kennedy & Sons Con-
struction to reclassify property
described as Lot 1 of Lot 1 of
Lot 1 of Lot 1 of "Olds Place"
and Lot 1 of Lot 1 of Lot 1 of Lot
1 of Lot 1 of Mineral Lot 343, in
the City of Dubuque, Iowa, from
Single Family Residence District
to Multiple Residence -Planned
Unit Development District Classi-
fication.
It had been determined by the
staff that the proposed Planned
Unit Development had many char-
acteristics that could make it a
suitable use at its proposed loca-
tion, even though the adjacent
neighborhood had been developed
for a different type of housing.
218 Special Session. April 22, 1974
The public hearing was held so
that the implications of alternate
development schemes might be ex-
plored.
Notification was sent by certi
fied mail to 32 owners of adjoin-
ing properties. Petitions opposing
the request were received bear-
ing 103 signatures, which are
herewith attached.
After an extensive public hear
ing and discussion, the Commis-
sion found that the neighborhood
opposition to the proposal could
not be reconciled, and voted un-
animously to disapprove the peti-
tion. The Planning and Zoning
Commission recommends that you
concur in this action.
Respectfully submitted,
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
Councilman Stackis moved the
recommendation be approved. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain --Councilman Lundh.
Communication of Attorney Al-
fred E. Hughes requesting to be
heard on the George Kennedy re-
zoning matter, presented and read.
Councilman Brady moved the com-
munication be received and filed.
Seconded by Mayor Thoms. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain --Councilman Lundb.
Attorney Hughes, representing
George Kennedy, addressed the
Council requesting the Council to
view premises.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the request of Mr. Jerry
L. Donovan to reclassify property
described as Leh 72 and Lot 73 of
Finley Addition in the City of Du-
buque, Iowa, from Single Family
Residence District to Multiple
Residence District classification.
As shown on the attached dia.
gram, this property consists of
two unimproved lots abutting a
platted alley shown as the exten-
sion of Fairway Drive. The parcels
are isolated within a developed
single family residential area and
have no access to a public street.
The Planning and Zoning Com.
mission has determined that there
is no merit in this request and
unanimously voted that the peti-
tion be denied. The Planning and
Zoning Commission hereby re.
quests your concurrence in this
action.
Respectfully submitted,
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
Mayor Thoms moved the recom-
mendation be approved. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Counew
men Brady, Justmann, Lundb,
Stackis.
Nays—None.
Communication of Planning &
Zoning Commission submitting
minutes of their meetings of
March 20th and April 51h, present-
ed and read. Mayor Thoms moved
the communication be received
and filed. Seconded by Council-
man Stackis. Carried b} the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
April 12, 1974
Honorable Mayor and
Councilmen
At your meeting of February 18,
1974, the Dubuque Industrial Bu-
reau submitted a letter urging
your consideration of an expanded
Mayor's Industrial Committee to
study the feasibility of a second
municipal industrial park. The
communication was referred to
this office for review in relation
to our annexation study objec-
tives.
We share the concern of the
Industrial Bureau for the current
lack of suitable industrial develop-
ment sites, and believe that a fail-
ure to provide such sites within
the urban area may be detrimen-
tal to the long-term stability of
the community. Our annexation
study would attempt to address
this issue, and would prufit from
Special Session, April 22, 1974 219
the broader counsel of banadvis-
the In-
ory group as proposed
dustrial Fureau.
We also share a concern that
has been voiced by the City Coun-
cil for possible redevelopment ef-
forts in the "Fourth Street Penin.
sula" area. Although we do not
foresee that this area alone could
support a substantial share of
metropolitan area industrial or
commercial growth, we believe
that thio need animprovement are sufficient opportunities
for imp to
warrant our immediate attention.
The advisory group proposed by
the Industrial Bureau might also
be an appropriate body to direct
the more detailed planning effort
which we hope could be under-
taken shortly.
Because efforts toward an in-
terim transportation plan are pro-
ceeding, and because improvement
plans for the "Fourth Street Pe-
ninsula" must be closely integrat-
ed with traffic and access consid-
erations, we have inquired into
possible consultant support for
such a planning project. We hope
that the Council would agree
that to assign responsibility for its
organization and direction to an
expanded Mayor's Industrial Com-
mittee.
In summary, we respectfully
suggest that the Mayor's Indus-
trial Committee be invited to ex-
pand its membership as a "task
fors*,' for the dual purposes of
assessing the needs for additional
industrial development sites and
for the more detailed investiga-
tion of site redevelopment in the
"Fourth Street Peninsula" area,
and to report such matters as the
Council shall direct.
Respectfully submitted,
Daniel. Dittemore
Development Planner
Councilman Justmann moved to
request the Dock Board to meet
with Mayor's Industrial Committee
and other Committee Members as
early as possible to discuss 4th &
8th Street Extension area with
specific recommendations. Second
ed by Mayor Thoms. Carried by
the following vote:
Yeas -- Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on a proposed
Amendment to Ordinance No. 3-34
repealing paragraphs (B) and (D)
of Section 1 of Article lI thereof
and enacting new paragraphs (B)
and (D) to limit the extension of
educational, religious or philan-
thropic uses, and clubs, lodges,
and community center buildings.
The Commission is aware of action
taken at your meeting of April 15,
1974 to recall this Ordinance for
further consideration. In response
to your instruction, the Commis-
sion has voted to return the pro-
posed Ordinance with no recom•
mendation. The Commission has
also instructed its staff to proceed
immediately toward a more com-
prehensive review of Zoning Ordi-
nance provisions relating to edu-
cational, religious and philanthrop-
ic uses and clubs, lodges and com-
munity center buildings, and
hopes to recommend a substitute
amendment to Ordinance No. 3-34.
City Planning and Zoning
Commission
Daniel Ditlemore
Development Planner
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
RESOLUTION 4-17.74
WHEIt>:AS, the City of Dubuque
Board of Dock Commissioners has
considered the magnitude of the
U.S. Army Corps of Engineer's
problem in preparing environmen-
tal impact statements pursuant to
the U.S. Corps of Engineers main-
tenance program for the Missis-
sippi River's channel dredging and
spoil disposal from Guttenberg,
Iowa, to Salverton, Missouri, and
WHEREAS, the City of Dubuque
Board of Dock Commissioners has
been charged by the Code of Iowa,
Chapter 384, Section 3, to make
provisions for the needs of com-
merce and shipping, and for the
use of riverfront property by oth-
ers for industrial and manufactur-
220 Special Session, April 22, 1974
ing purposes to the extent deemed
advisable, and
WHEREAS, the City of Dubuque
Board of Dock Commissioners,
deems it to be most prudent and
advisable that it be recorded that
the Dock Commission encourages
the maintenance of the nine foot
channel that is at the present be-
ing maintained by the Corps of
Engineers and that the Corps be
encouraged to make every effort
to consider the economic impact
and commercial restrictions that
could occur and affect the thriving
industrial riverfront of the Mu-
nicipality of Dubuque were the
Corps' dredging and maintenance
of the Mississippi channel stopped;
NOW THEREFORE BE IT RE-
SOLVED by the City of Dubuque
Board of Dock Commissioners that
the City of Dubuque Board of Dock
Commissioners recognizes the nec-
essity of the maintenance of the
nine foot channel and directs the
support of the City of Dubuque
Board of Dock Commissioners to
the Corps of Engineers in this
project unless the environmental
impact studies now being under-
taken prove such a nine foot chan-
nel to be significantly detrimen-
tal to the environment, and fur-
ther,
That a copy of this resolution be
transmitted to the Rock Island
District Corps of Engineers to be
read during the public hearing to
be held in Hempstead Auditorium,
April 22, 1974, at 6:30 p.m.
Passed, adopted and approved
this 17th day of April, 1974.
William A. McEllhiney
Chairman
William Woodward
Secretary
Attest: Wayne A. Moldenhauer
William Woodward
Secretary
Mayor Thorns moved that the
resolution be received and made a
matter of record. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None,
RESOLUTION NO. 134-74
A Resolution in response to
Draft Environmental Impact
Statements for the Operation
and Maintenance of the Upper
Mississippi River Nine Foot
Navigation Channel by the U.S.
Army Corps of Engineers, Rock
Island District.
WHEREAS, Draft Impact State-
ments have been received and re-
viewed and hearings on these
statements are being conducted
by the U.S. Army Corps of Engi.
neers; and
WHEREAS, a great quantity of
goods and material is shipped on
the Mississippi River and flows in
and out of the port facilities in
the City of Dubuque, to the ser.
vice of this community and an
area two -hundred miles about;
and
WHEREAS, there are inbound
shipments of molasses, fertilizer,
salt, steel, coal, petroleum prod.
ucts, twine and outbound ship.
ments of grain, lard, grease and
tallow in quantities suggested by
the figures:
200,000 tons of salt
15,000,000 bushels of grain
800,000 bales of twine
34.000 tons of lard and tallow
125,000 tons of fertilizer
all annually transported on the
Mississippi River and are a part
of the economy and commerce of
this community; and
WHEREAS, the curtailment of
natural gas supply is also an indi.
cator of the importance of river
transportation to the people of
this community, wherein some
20,700,000 gallons of fuel oil per
year is handled at the marine ter-
minals, and where 200,000 tons
of coal is annually river shipped
to Dubuque and converted to elec-
tric energy; and
WIiEREAS, the Environmental
Statements of River Pools Eleven
and Twelve present a significant
measure of the effects of channel
dredging and it is shown that: -
1. the necessity for dredging is
intermittent and over the years
has diminished to a relatively low
stable volume;
2. recurrent dredging is neces-
sary at only one location in Pool
Eleven at which place dredgespoil
,an be disposed of in a practical
and harmless manner;
3. as example, in the vicinity of
Dubuque, at river mile 518.580
lredge spoil has been used to use-
lul purpose with small environ-
Special Session, April 22, 1974 221
mental harm, and at river mile
581-582 for recreational purpose;
4. the statistic record of fish,
wildlife and birds does not indi.
cate a diminution of number be-
cause of channel dredging;
5, the water quality of the river
is affected only in small degree;
6. the botanical environment of
the area has been sustained, in
spite of possible temporary harm
at disposal sites;
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, having assayed the
balance of impact and benefit to
this community, that it recognizes
the necessity for river dredging
and does support the operation
and maintenance of the Nine Foot
Navigation Channel of the Upper
Mississippi River; and, further,
that a copy of this resolution be
presented to the District Engineer,
Rock Island District, U.S. Army
Corps of Engineers.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of CNA Insur-
ance relative to a subrogation
claim of $291.76 as the result of
an accident with their client Cedar
Rentals Inc., presented and read.
Mayor Thoms moved the communi
cation be referred to the City At-
torney. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of notice of hear.
Ing to amend the Zwting Ordi-
nance relative to Lot area per
family requirements in the Urban
Renewal area, presented and read.
Mayor Thoms moved the proof
of publication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on an Amend-
ment to Ordinance No. 3-34 to re-
peal paragraph (E) of Section 3 of
Article VI and enact a new para-
graph (E) of Section 3 of Article
VI to remove the minimum lot
area for multiple dwelling struc-
tures within portions of the Busi-
ness District contained within the
Dubuque Downtown Renewal Proj-
ect Area, in the City of Dubuque,
Iowa.
There was no written objection
to the proposed amendment, nor
was anyone present to speak in
opposition to it.
The Commission has found the
amendment is appropriate for im-
plementing the revised Urban Re-
newal Project Plan and has un-
animously recommended that it
be approved.
Respectfully submitted,
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 3074
An Ordinance Amending and
Changing Ordinance No. 3.34,
known as "The Zoning Ordi-
nance and Zoning Map of the
City of Dubuque, Iowa" to re-
move the minimum tot area per
family requirement for Multiple
Dwelling Structures within por-
tions of the business district con-
tained within the Dubuque
Downtown Renewal Project,
Iowa R-15, said Ordinance hav-
222 Special Session, April 22, 1974
I" been previously presented
and read at the Council meeting
of March 18, 1974, presented for
Final Adoption.
ORDINANCE NO. 3474
An Ordinance Amending and Chang-
ing Ordinance No. 3-34, known as
"The ZoniSsR OrdinSam and Zoning
map of cite City of Dubuque, lows"
to remove the minimum lot arca per
family requirement for Multiple
Dweliistg Structures within portions
of the Business District contained
within the Dubuque Downtown Re-
newal Project, Iowa R-11.
NOW THEREFORE BE IT OR-
DAINED by the City Council of the
City of Dubuque. Iowa:
SECTION i. That Ordinance No. 3-
)4, known as "the Zoning Ordinance
and Zoning blap of the City of Du-
b"ve, Iowa" be and the same is hereby
amended by repealing paragraph (E) of
Section 3 of Article VI thereof and by
adopting a new paragraph (E) of Section
3 of Article Vl in lieu thereof, as follows:
"Article VI.
Section 3.
JE) Lot Area Per Family.
No dwelling shall be meted or
placed on a lot contaiinisg less
than the following minimum lot
area per family.
One family dwelling ---5000 square
feet; Two family dwelling -1250
square feet; Apartment or renc-
ntent hwse-400 square fret per
family, except that nc minimum
iot area pa family shall be made
to apply within that portion of
the Business District ktwwn as
tie Downtown Dubuque Urban
Renewal Proicct Area, which arca
is bounded m the west by Locust
Street, on tate north by Ninth
Street, on the east by Central
Avenee, and en the south be
Fourth Street_ Nothing in the
area regulations in tkis Ordinsatce
relating to lot area per family
shall be held to prohibit the crea-
tion of a one -family dwelling up-
on a lot, the area of which is
less than that prescribed as the
minimum lot area per family pro.
vided such lot was held under
separate ownership from the ad-
iacent lots, and it recorded plat
of lea cc subdivision of property
shows oath hx to be separate and
distract, at the time of the pas-
aage of Ordinance No. 3-34. Ad-
jacent lou held by List same own-
er at bane of passage of Orch-
rtance No. 3-34 shall be rc-
platted to provide the required
I- area per family before any
building is erect -ed or placed
thereon."
S&C'TION Z. i'int the foregoing
Ansendrnout has heretof,,,, boon approved
by the Planning and Zoning Cranminion
of tbt City of Dubuque, Iswa.
Passed, approved end adopted this 22nd
day of April, 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
,lames 1.. Brad3
Cunncilmcn
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegrapl,
Herald Newspaper this 2601 day of April.
1974.
Leo F. Frommelt
Citv Clerk
It. 4-26.
Mayor Thoms moved final adop-
tion of the ordinance. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann,
ORDINANCE NO. 31.74
An Ordinance Authorizing Ecu-
menical Housing, Inc., to Con-
struct Footings, presented and
read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—,.None.
ORDINANCE NO. 31.74
An Ordinance authw'rr.ing Ecumen-
ical Housing, Inc. w Construct Fout-
ings.
NOW THEKEFORE BE 1T OA-
DAINED by the City Cuuocil of the
City of Dubuque, Iowa:
SECTION 1. That Ecumenical Hous-
ing Inc. as owners of the premises known
as Lot A and Lot 2 A Block 16 is Du-
buque Downtown Plaza in the City of
Dubuque, Iowa, be, and they are hereby
granted the revocable permit and su-
th.urity to construct and .maintain Foot-
ings under the terms and conditions set
forth in this Ordinance.
Special Session, April 22, 1974 223
SECTION 2- That such construction
shall be done in accordance with plans
submitted by permittees and
heretofore
appropCd by City Manager, under the
supervision and direction of the City
Manager, and in accordance with all ap-
plicable state and federal laws and regu-
lations, and the Ordinances of the City
of Dubuque.
SECTION 1. That th,: permission here-
in
errin granted is expressly conditioned on
permittees agreement to:
a) Assume an}' and all liability for
damages to persons for property
which may result from the exist-
ence, location, installation, construc-
tion or maintensoce of said Foot-
ings;
b) To pay ors behalf of Ilse City of
Dubuque all sums which the City,
of Dubuque shall become obligated
to pay by reason of the liability im-
po" upon the City of Dubuque
for damages of any kind resulting
from rhe location, installation, ex-
istence, construction or mainte-
nance of said Footings, sustained by
any person or persons, caused by
accident or otherwise, to defend at
its own expense and on behalf of
said City any claim against the
City of Dubuque arising out of the
location, installation, existence, con-
struction or maintenance of Foot-
ings and to pay reasonable attorney
fees therefor;
c) To indemnify and hold City of
Dubuque free and harmless from
any and all claims, loss, liability
and expense for injuries to third
persons or damages to property of
third persons, or for damage to
any property of City, of Dubuque
which may occur as a result of or
in connection with the location, in.
stallation, construction, maintenance
arid repair of the facility, work or
improvement permitted herein.
SECTION 4. That the permission here-
in granted is expressly conditioned upon
pertnittees further igrecment that should
the right and privilege herein granted be
rescinded or revoked by the City Council,
permittees, or their successors in inter-
est, as owners of the abutting property,
shall within ten (10) days after receipt
of written notice from the City Manag-
er, so to do, at their own expense, remove
said footings, and in the event of their
failure so to do, the City of Dubuque
shall be authorised to remove said Foot -
mgt, at pernuttes:s expense and dispose
of the same, and the permittees ,hall have
no claini against the City or its agents for
damages resultutg front tin renwval of
Said Footings.
SECTION t. Permittees covenant and
agree that the revocable permit herein
granted does not constitute an approval
of the design, ertction, location, construc-
tion, repair or maintenance of said fa-
cility and said permute hereby covenants
and agrees not to .t,sart such claim or
defense against the City of Dubuque in
the event of claim asserted for personal
injuries and -or property damage against
the permittee arising rut of or in any
way connected with the location, instal.
lation, construction, dexii
gro, repair and
maintenance of the facility herein par-
mitted.
SECTION 6. This Ordinance shall be-
come effective and the rights hereunder
accrue to Ecumenical Housing, Inc. when
this Ordinanec has been adopted by the
CityCouncil and the terms and condi.
tions thereof accepted by permittees by
acceptance endorsed an this Ordinance.
Passed, approved and adopted this 22nd
day of April, 1974.
Allan T. Thoma
Marm
C. Robert Justmann
Alvin E. Lusdh
Emil Staekis
)aures E. Brady
Council nen
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF ORDINANCE
NO. !1-74
The undersigned having; read and being
familiar with the terms and cuodiaons
of Ordinance No. 71-74 hereby, for them-
selves, their sttccrisors or assigm, as own-
ers of the abutting property, accept the
same and agree to be bound by the con-
ditions and agreements therein coutiiuM
to be psYformed by permittees.
Dated April 9, 1974,
By: Thtmnas Rhomberg
President or Vice -President
or Property Owner
by: Inagrace Thoms
Soeretary or other Officer
Published officially in the Telegraph
Ilerald Newspaper thin 26th day of April,
1974.
Lee, F. Frommelt
City Clerk
I t. 4.26.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded
by Councilman Staekis. Carried by
the following vote:
Yeas — Mayors Thoms, Council-
men Brady, Justmann, lundh,
Staekis.
Nays—None,
AN ORDINANCE Authorizing
Ronald Amundson and Richard B.
Windsor to construct a canopy
over sidewalk at 253 Main Street,
(forward from last meeting), pre
sented and read. Councilman
Staekis moved the Ordinance be
rejected. Seconded by Councilman
Brady. Carried by the following
vote:
224 Special Session, April 22, 1974
Yeas — Mayor Thoms, Council-
men Brady, Just.mann, Lundh,
Stackis.
Nays --None.
April 18, 11,474
Honorable Mayor and
City Council
I am returning to you the peti-
tion of Mr. Cliff. Walsh for a
change of parking meter time,
along with ordinance changes for
the meters on Iowa and Central
between 13th and 14th Streets.
In support of these changes I
enclose Chief O'Brien's letter of
April 11th. I recommend that the
ordinances be adopted.
Respectfully,
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 32-74
An Ordinance Amending Ordi.
nance No. 37-65 known as the
"Street Parking Meter Ordi-
nance of Dubuque, Iowa" by re-
pealing Subsection 6.2.5 of Sec-
tion 6.2 Parking Meter District
B and enacting a New Subsec•
tion 6.2.5 of Section 6.2 Parking
Meter District B in lieu thereof
to limit parking to 120 minutes
at any one time on Central Ave-
nue, both sides, between Ninth
and Twelfth Streets and both
sides between Loras Boulevard
and Eighteenth Street and the
east side between Eighteenth
Street and Nineteenth Street,
presented and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays --Councilman Brady.
ORDINANCE NO. 32.74
An Ordinance Antcnding Ordinance
No. 17-65 known as the "Street
Parking Meter Ordinance of Du-
buque, Iowa" by repealing Subsection
6.2.5 of Section 6.2 Parking Meter
District B and enacting a New Sub-
section 6.2.5 of Section 6.2 Parking
Meter District B in lieu thereof to
limit parking to 120 minutes at any
one time on Central Avenue, both
sides, between Ninth and Twelfth
Streets and both sides between Loras
Boulevard and Eighteenth Street and
the east side between Eighteenth
Street and Nineteenth Street.
NOW THEREFORE BE IT OR-
DAINED by the City Council of the
City of Dubuque, Iowa:
SECTION 1. That Ordinance No. 37-
65 known as the "Street Parking Meter
Ordinance of Dubuque, Iowa" be and the
same is hereby amended by repealing sub-
section 6.2.5 of Section 6.2 Parking Meter
District B and enacting a new subsection
6.2.5 to Section 6.2 Parking Meter Dis-
trict B in lieu thereof as follows:
"6.2 Parking Meter District B.
6.2.5 Central Avenue, both sides be-
tween Ninth and Twelfth Streets
and both sides between Loras Boule-
vard and Eighteenth Street and the
cut side between Eighteenth and
Nineteenth Streets."
Passed, approved and adopted this 22nd
day of April, 1974.
Allan T. Thams
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 26th day of April
1974.
Leo F. Frommelt
City Clerk
It. 4-26.
Mayor Thoms moved adoption
of the Ordinance. Seconded by
Councilmen Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
ORDINANCE NO 33.74
An Ordinance Amending Ordi-
nance No. 3765 known as the
Street Parking Meter Ordinance
of Dubuque, Iowa" by repealing
Subsection 6.2.4 to Section 6.2
Parking Meter District B and en-
acting a New Subsection 6.2.4 to
Schedule 6.2 Parking Meter Dis-
trict B in lieu thereof to limit
parking to 120 minutes at any
one time on Iowa Street, both
Special Session, April 22, 1974 225
sides, between Third and Fourth
Streets and both sides between
Tenth and Eleventh Streets and
both sides between Twelfth and
Thirteenth Streets and the west
side between Thirteenth Street
and Loras Boulevard, presented
and read.
Mayor Thoms moved that tile
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
ORDINANCE NO. 33-74
An Ordinance Amending Ordinance
No. 37-63 known as the "Street
Parking Meter Ordinance of Du-
buque, Iowa" by repealing Subsec-
tion 6.2.4 to Section 6.2 Parking Me-
ter District B and enacting a new
Subsection 6.2.4 to Schedule 6.2
Parking Meter District B in lieu
thereof to limit parking to 120 min.
utes at any one time on Iowa Street,
both sides, between Third and Fourth
Streets and both sides between Tenth
and Eleventh Streets and both sides
between Twelfth and Thirteenth
Streets and the west side between
Thirteenth Street and Loral Boule-
vard.
NOW THEREFORE BE IT OR-
DAINED by the City Council of the City
of Dubuque, Iowa:
SECTION 1. That Ordinance No. 37-
63 known as the "Street Parking Meter
Ordinance of Dubuque, Iowa' be and
the same is hereby amended by repealing
subsection 6.2.4 of Section 6.2 Parking
Meter District B and enacting a new sub-
section 6.2.4 to Section 6.2 Parking Meter
District B in lieu thereof as follows:
"6.2 Parking Meter District B.
6.2.4 Iowa Street, both sides between
Third and Fourth Streets and both
sides between Tenth and Eleventh
Streets and both sides between
Twelfth and Thirteenth Streets and
the west side between Thirteenth
Street and Loral Boulevard."
Passed, approved and adopted this 22nd
day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 26th day of
April, 1974.
Leo P. Frommelt
City Clerk
It. 4-26.
Mayor Thoms moved adoption
of the Ordinance. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
ORDINANCE NO. 34.74
An Ordinance Amending Ordi-
nance No. 37.65 known as the
"Street Parking Meter Ordi-
nance of Dubuque, Iowa" by re-
pealing Subsection 6.3.4 of Sec-
tion 6.3 Parking Meter District
C and enacting a New Subsec-
tion 6.3.4 of Section 6.3 Parking
Meter District C in lieu thereof
to limit parking to ten hours on
both sides of Iowa Street from
Second Street to Third Street,
presented and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoma, Council-
men Justmann, Lundh, Staekis.
Nays—Councilman Brady.
Mayor Thoms moved that the
rule requiring an Ordinance to
be read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays --Councilman Brady.
ORDINANCE NO. 3474
An Ordinance Amending Ordinance
No. 37-63 known as the "Street
Parking Meter Ordinance of Du-
buque, Iowa" by repealing Subsec-
tion 6.3.4 of Section 6.3 Parking
Meter District C and enacting a new
Subsection 6.3.4 of Section 6.3 Park-
ing Meter District C in lieu thereof
to limit parking to ten hours on both
sides of Iowa Street from Second
Street to Third Street.
NOW THEREFORE BE IT OZ-
DAINED by the City Council of the
City of Dubuque, Iowa:
SECTION 1. That Ordinance No. 37-
65 known as the "Street Parking Meter
Ordinance of Dubuque, Iowa" be and the
same is hereby amended by repealing sub-
section 6.3.4 of Section 6.3 Parking
Meter District C and enacting a new sub-
226 Special Session, April 22, 1974
section 6.3.4 of Section 6.3 Parking Me-
ter District C in lieu thereof as follows:
"6.3 Parking Meter District C.
6.3.4 Iowa Street, both sides between
Second and Third Streets."
Passed, approved and adopted this 22no
day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo P. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 26th day of
April, 1974.
Leo F. Frommel[
City Clerk
1t. 4-2G.
Mayor Thoms moved adoption
of the Ordinance. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
ORDINANCE NO. 35.74
An Ordinance Amending Ordi.
nance No. 37.65 known as the
"Street Parking Meter Ordi•
nance of Dubuque, Iowa" by re-
pealing Subsection 6.1.4 of Sec-
tion 6.1 Parking Meter District
A and repealing Subsection 6.1.S
of Section 6.1 Parking Meter Dis•
trict A thereof and enacting a
new Subsection 6.1.4 to Section
6.1 Parking Meter District A
and enacting a New Subsection
of 6.1.5 to Section 6.1 Parking
Meter District A in lieu thereof
to limit the parking of motor
vehicles on streets hereafter
designated, presented and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Justmann, Lundh, Stackis.
Nays --Councilman Brady.
ORDINANCE NO. 35-74
An Ordinance Amending Ordinance
No. 37-65 known as the "Street
Parking Meter Ordinance of Du-
buque. Iowa" by repealing Subsection
6.1.4 of Section F.1 Parking Meter
District A and repealing Subsection
6.1.5 of Section 6.1 Parking Meter
District A thereof and enacting a
new Subsection 6.1.4 to Section 61
Parking Meter District A and enact-
ing; a new Subse_tion 6.1.5 to See.
don 6.1 Parking Meter District A in
lieu thereof to limit the parking of
motor vehicles on treeu hereinafter
de,ignated.
NOW THEHEFORI: BE IT OR.
DAINED by the City Council of the
City of Dubuque, Iowa:
SECTION I. That Ordinance No. 37-
65 known as the "Street Parking Meter
Ordinance of Dubuque, Iowa" be and the
same is hereby amended by repealing sub.
section 6.1.4 and tubs:ction 6.1.s both
in Section 6.1 Parking Meter District A
and enacting a new subsection 6.1.4 and
a new subsection 6.1.5 to Section 6.1
Parking Meter District A as follows:
"6.1 Parking Meter District A.
6.1.4 Iowa Street, both sides between
Eleventh and Twelfth Struts and the
east side from Thirteenth Street to
Loras Boulevard.
6.1.5 Central Avenue, both sides be.
tween Fourth and Ninth Streets and
both sides between Twelfth Street
and Loras Boulevard."
Passed, approved and adopted this 22nd
day of April, 1974.
Allan 'r. Thoms
Mayor
C. Robert Justmann
Alvin L Lundh
Emil Stackis
Councilman
Attest:
Leo F. Frommel[
City Clerk
Published officially in the Telegraph
Herald Newspaper this 26th day of
April, 1974.
Leo F. Crommelt
City Clerk
It. 4-26.
Mayor Thoms moved adoption of
the Ordinance Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays --Councilman Brady.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and 'Zoning Commission has held
a public hearing on a petition to
reclassify Lot 2 of "Westside Man-
or Place" from Single Family Res-
idence District to Local Business
"A" District classification, and to
include Lot 13 of Block 4 in "West-
side Manor Subdivision" in Arti-
Special Session, April 22, 1974
cle IV, Section 2(h) of Ordinance
No. 3-34, changing the classifica-
tion of said lot from Single Family
Residence District to Multiple
Residence -Professional Office Use
classification. The above described
property is loca.ed in the City of
Dubuque, Iowa.
The Commission received two
written communications opposing
the request, and heard five resi-
dents of the adjoining residential
area speak in opposition to it.
The reclassification of this prop-
erty has been considered by the
Commission on several occasions.
The Commission has acknowledged
that the Single Family Residence
classification on property known
as Lot 2 of "Westside Manor
Place" may no longer be appropri-
ate, and has reconsidered this sit-
uation again in relation to the
findings of the John F. Kennedy
Road Corridor Study and with an
awareness of potential impact up-
on the adjoining residential area.
The Commission has found that
the request for Local Business
"A" classification on Lot 2 of
"Westside Manor Place" is not
appropriate, and has reached the
unanimous opinion that Multiple
Residence -Professional Office Use
uassification is a more acceptable
alternative to the present Single
Family Residence District classifi-
cation of this property. The City
of Dubuque Planning and Zoning
Commission has, therefore, re-
quested that you disapprove the
present petition and that you take
appropriate action to adopt the at-
tached reclassification Ordinance
to establish Multiple Residence -
Professional Office. Use classifica-
tion on Lot 2 of "Westside Manor
Place at this time.
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
Mayor Thoms moved the com-
munication be referred to the City
Planner and City Solicitor for con-
sideration of Parcel A for profes-
sional use of Lot 13 Block 4 and
report back to Council. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men JusUnann, Lundh, Stackis.
Nays—Councilmun Brady.
22
COUNCIL RECESSED AT 10:25
P.M., RECONVENED AT 10:30
P.M.
Petition of Roger F. Klauer et
al requesting rezoning of Lots 1
to 7 Block 2, Lot 13 of Block 3 of
C. J. Bies Sub. from Single Fam-
ily to Local Business B classifica-
tion, presented and read. Mayor
Thoms moved the petition be re-
ferred to the Planning & Zoning
Commission. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Peoples Natural Gas
requesting permission to excavate
at 18th and Central Ave. for re-
moval of existing gas main to al-
low Phone Company to install new
cable, presented and read. Council-
man Justmann moved the petition
be granted. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing of disposal of interest
in Lot 2 of the Sub. of Lot 1 of 2
of 2 of 1 of Block 5 in Riverfront
Sub. No. 3 to Iowa Coaches Inc..
presented and read. Mayor Thoms
moved the proof of publication be
received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justanann, Lundh,
Stackis,
Nays—None.
No written objections were filed
and no oral objectors were pres-
ent in the Council Chamber at the
time of the public hearing.
RESOLUTION NO. 136.74
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing published in
the Telegraph -Herald, a newspaper
of general circulation published in
the City of Dubuque, Iowa, on
March 22, 1974 and March 29,
1974, City Council of the City of
Dubuque, Iowa, met on the 22nd
day of April, 1974, at 7:30 o'clock
P.M. (Central Daylight Savings
Tune) in the City Council Cham.
228 Special Session, April 22, 1974.
bers, City Hall, Dubuque, Iowa to
consider proposal to dispose of in-
terest of the City of Dubuque,
Iowa, in real estate, hereafter de-
scribed, to Iowa Coaches Incorpo-
rated; and
WHEREAS, City Council of the
City of Dubuque, Iowa, overruled
any and all objections, oral or
written, to the proposal to dis-
pose of interest of City of Du-
buque, Iowa, in the hereinafter de-
scribed real estate to Iowa Coaches
Incorporated:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of City of Dubuque, Iowa,
in the following described real es-
tate, to -wit:
Lot 2 of the Subdivision of Lot
lof Lot2of Lot2of Lot 1 o
Block 5 of "River Front Subdivi-
sion No. 3" in the City of Du-
buque, Iowa, containing 1.4 acres
more or less, to Iowa Coachc
Incorporated for the purchase
price of Forty ($.40) Cents per
square foot be and the same is
hereby approved, subject to the
following terms and conditions:
1. That the said real estate be
sold to Iowa Coaches Incorporated
for the construction and erection
thereon of a new building to pro-
vide storage for buses, mainte-
nance shops and office space.
2. That the sale price for said
real estate shall be Forty ($.40)
Cents per square foot. Said pur-
chase price shall include installa-
tion of water, sanitary and storm
sewer lines and street improve-
ments. Said improvements shall be
installed and completed on or be.
for 142 days from date hereof.
3. That construction of said
building shall be commenced with.
in eighteen (18) months of adop-
tion and the passage of this Reso.
lution and shall be completed
within thirty (30) months of de.
livery of deed and upon failure so
to do or failure to make improve-
ments to the land within eighteen
(18) months by Iowa Coaches In-
corporated, purchaser, then said
real estate shall automatically re-
vert to the City of Dubuque, Iowa
and purchase price, less damages,
shall be relunded to the pur-
chaser.
4. That the construction of all
buildings, yards, parking lots,
fences and ancillary improvements
shall be constructed in conform.
ance with existing City Codes, and
manufacturing process carried out
in accord with City Ordinances.
5. That the City of Dubuque,
Iowa, retains a perpetual ease•
ment for existing waterlines, exist.
ing sanitary sewer and storm sew.
er lines and for utilities, together
with right of ingress and egress to
repair, inspect and maintain the
same.
6. That all utilities and services
to proposed buildings shall be con.
nected at buyer's expense.
7. That conveyance shall be by
Quit Claim Deed and the City of
Dubuque, Iowa will furnish ab.
stract of title.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to deliver deed of
conveyance conveying the above
described real estate to Iowa
Coaches Incorporated upon receipt
of the purchase price.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of-
fice of the Dubuque County Re-
corder.
Passed, approved and adopted
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 137.74
WHEREAS, the Mayor's Indus-
trial Committee, composed of Al-
lan Thoms, Mayor, William McEll-
hiney, Chairman of Board of Dock
Commissioners and Robert E. Dor-
othy, Manager of the Dubuque
Industrial Bureau, recommended
on March 1, 1974 to the City Cuun-
Special Session, April 22, 1974 229
cil of the City of Dubuque, Iowa
that the application to purchase
certain city -owned real estate by
Wm, C. Brown Company, Publish-
ers for the purpose of expanding
their present plant facilities to the
real estate herein sought to be
purchased be approved; and
WHEREAS, City Council of the
City of Dubuque. Iowa has exam-
ined said application and said rec-
ommendation by the Mayor's In-
dustrial Committee and finds that
the sale of said real estate should
be approved; and
WHEREAS, the said real estate
sought to be purchased by said
purchaser consists of a parcel con-
taining approximately four (4A)
acres in Block 5 River Front Sub-
division No. 3 in the City of Du-
buque, Iowa which shall hereafter
be platted and described as:
Lot 2 of Block 1 of Riverfront
Sub. No. 5 in the City of Du-
buque, Iowa.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the application
of Wm. C. Brown Company, Pub-
lishers to purchase a parcel of
city -owned real estate in the City
of Dubuque, Iowa consisting of
approximately four (4 A) acres in
Block 5 River Front Subdivision No.
3 in the City of Dubuque, Iowa
which shall hereafter be platted
and described and known as:
Lot 2 of Block 1 of Riverfront
Sub No. 5 in the City of Du-
buque, Iowa.
Be and the same is hereby ap-
proved upon the following terms
and conditions:
I. That the said real estate be
sold to purchaser for the construc.
tion and erection thereon of such
buildings as shall be necessary
for the expansion purposes of the
present structure occupied on real
estate purchased from the City
heretofore by said purchaser.
2. That the sale price for said
real estate shall be forty cents
($.40) per square foot. Said pur-
chase price shall include installa-
tion of water, sanitary and storm
sewer lines and street improve-
ments.
3. That the construction of all
buildipgs, yards, parking lots,
fences and ancillary improvements
shall be constructed in conform-
ance with existing City codes and
such uses carried on on said prop.
erty shall be in accord with the
City ordinances.
4. That the City of Dubuque,
Iowa shall retain a perpetual ease.
ment for existing water lines, ex.
isting sanitary sewer lines and
storm sewer lines and for utilities
together with the right of ingress
and egress to repair, inspect and
maintain the same.
5. That all utilities and services
to proposed building shall be con.
nected at buyer's expense.
8. That the applicant represents
to the City that the purchase of
said real estate is being made for
the purpose of expansion of the
Wm. C. Brown Company, Publish-
ers.
7. The Wm. C. Brown Company,
Publishers does hereby represent
and agreee that it shall not sell
or otherwise dispose of any por-
tion, or all of the property, herein
applied to be purchased without
offering same first to the City of
Dubuque, Iowa for repurchase at
the same price at which the ap-
plicant purchased same.
8. That conveyance shall be by
Quit Claim Deed.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to publish notice of
intent to dispose of interest in real
estate as is by law required.
Passed, approved and adopted
this 22nd day of April, 1974.
Allan T. Thorns
Mayor
C. RobeAt Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman JUStmann. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 138.74
Preliminary approval of plans,
specifications, form of contract,
plat and all other documents for
the construction of City of Du-
buque 1974 Asphalt Paving Proj-
2110 Special Session, April 22, 1974
eet No. 2. Riverfront Subdivision
No. 5, on:
1. Roosevelt Street Extension
from S.P.L. of Kerper Blvd. to S.
P.L.- of Kilgore Street.
2. Kilgore Street from W.P.L.
of Roosevelt Street Extension to
the N.P.L. of Hamilton Street Ex-
tension.
3. Hamilton Street Extension
from S.P.L. of Kilgore Street to
the N.P.L. of Lot 2 of Block 1 of
Riverfront Sub. No. 5.
At an estimated cost. of $93,-
941.73. presented and read.
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—Nano.
(Necessity for Improvement)
RESOLUTION NO. 139.74
WHEREAS, proposed plans, spe.
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The streets to be improved.
2. The width of such improve-
ment, and the size and kind of
sewers.
3. An estimate of the cost of
the proposed improvement, stating
the same for each different type
of construction and kind of ma-
terial to be used.
City of Dubuque 1974 Asphalt
Paving Project No. 2 Riverfront
Subdivision No, 5:
1. Roosevelt Street Extension
from the S.P.L. of Kerper Boule-
vard to the S.P.L. of Kilgore
Street.
2- Kilgore Street from the W.P.
14 of Roosevelt Street Extension
to the N.P.L. of Hamilton Street
Extension.
3. Hamilton Street Extension
from the S.P.L. of Kilgore Street
to the N.P.L. of Lot 2 of Block 1
of Riverfront Subdivision No, 5.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
ertY owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res.
olution have on file with the Cit,
Clerk objections, they shall be
deemed to have waived all objec.
tions thereto.
Said improvements shall be con.
structed and done in accordance
with the plans and specifications
which have been prepared there•
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid out of the gen
era] fund.
The above resolution was intro.
duced, approved and ordered
placed on file with the City Clerk
this 22nd day of April, 1974.
Approved and placed on file for
final action.
Approved:
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved approval of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Fixing date of hearing)
RESOLUTION NO. 140.74
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 138-74 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for
the construction of: City of Du-
buque 1974 Asphalt Paving Proj-
ect No. 2—Riverfront Subdivision
No. 5:
1. Roosevelt Street Extension
from the S.Y.L. of Kerper Blvd. to
the S.P.L. of Kilgore Street.
2. Kilgore Street from the W.
P.L. of Roosevelt Street Extension
to the N.P.L. of Hamilton Street
Extension.
Special Session, April 22, 1974 231
3. Hamilton Street Extension
from the S.P.L. of Kilgore Street
to the N.P.L. of Lot 2 of Block 1
of Riverfront Subdivision No. 5,
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspection.
BE IT THEREFORE RESOLVED
that on the 20th day of May, 1974,
a public hearing will be held at
7:30 o'clock P.M. CDT in the
Council Chamber in the City of
Dubuque at which time the own-
ers of property subject to assess-
ment for the proposed improve-
ment may appear and make objec-
tion to the proposed plans and
specifications and proposed form
of contract and at the same time
to the boundaries of the proposed
district, to the cost of the improve-
ment, to the amount proposed to
be assessed against any lot and
to the passage of the proposed
Resolution of Necessity and the
City Clerk be and he is hereby di-
rected to cause a notice of the
time and place of such hearing to
be published in some newspaper
published in the City of Dubuque,
the last of which shall be not less
than two (2) nor more than (4)
weeks prior to the day fixed for
its consideration and unless prop-
erty owners at the time of final
consideration of said resolution
have on file with the Clerk objec-
tions to the amount of the pro-
posed assessment, they shall have
been deemed to have waived all
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
Communication of Dock Com-
mission recommending approval of
plans, specifications for the im.
provement of the remaining acre.
age on Area B, presented and
read.
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
man Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 141.74
Approval of Preliminary Esti-
mate, proposed plans, specifica-
tions, form of contract plat and
all other documents for the con.
struction of Contract 1, Section 2
and 3 construct a sanitary and
storm sewer for River Front Sub.
No. 5, and Section 3 construct a
sanitary sewer from the intersec-
tion of Roosevelt Street Extension
and Kilgore Street to Dubuque Ma-
rina, at an estimated cost of
$80,692.03, presented and read,
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas _ Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Necessity for Improvement)
RESOLUTION NO. 142-74
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The size and kind of sewers.
2. An estimate of the cost of
the proposed improvement, stat-
ing the same for each different
type of construction and kind of
material to be used.
CONTRACT L
Section 2. construction of a sani-
tary and storm sewer for River
Front Subdivision Number 5, in
the City of Dubuque, Iowa.
Section 3. construction of a sani•
tary sewer from the intersection
232 Special Session, April 22, 1974
of Roosevelt St. Extension and Kil.
gore St. to the Dubuque Marina.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of proper-
ty owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im.
provement, and unless property
owners at the time of the final
consideration of this proposed re-
solution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the, plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment shall be paid out of the ge-
neral fund.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 22nd day of April, 1974.
Approved and placed on file for
final action.
Approved
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved approval of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None,
(Fixing date of hearing)
RESOLUTION NO. 143.74
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 141-73 given its pre.
liminary approval on the proposed
Plans, specifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the
Contract 1:
Section 2. construction of a rani.
tary and storm sewer for River
Front Subdivision Number 5, in
the City of Dubuque, Iowa.
Section 3. construction of a sani.
tary sewer from the intersection of
Roosevelt St. Extension and Kil.
gore St. to the Dubuque Marina.
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im•
provement has been introduced
and is now on file in the City
Clerk's office for public inspec•
tion,
BE IT THEREFORE RESOLVED
that on the 20th day of May 1974,
a public hearing will be held at
7:30 o'clock P.M. CDT in the Coun.
cil Chamber in the City of Du.
buque at which time the owners of
property subject to assessment for
the proposed improvement may ap.
pear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk be and
he is hereby directed to cause a
notice of the time and place of
such -hearing to be published in
some newspaper published in the
City of Dubuque, the last of which
shall be not less than two (2) nor
more than (4) weeks prior to the
day fixed for its consideration and
unless property owners at the time
of final consideration of said re-
solution have on file with the
Clerk objections to the amount of
the proposed assessment, they
shall have been deemed to have
waived all objections thereto, at
which hearing the Council will
hear such objections and enter on
record its final decision thereon.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. I.undh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, April 22, 1974
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 14474
Approval of Preliminary Esti-
mate, proposed plans, specifica.
tions form of contract, plat and
all other documents for the con-
struction of Contract 1, Section 1
Construction of a 10 inch water
main for River Front Subdivision
Number 5, at an estimated cost of
$35,980, presented and read.
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
eYas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
(Necessity for Improvement)
RESOLUTION NO. 145.74
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The size and kind of water
main.
2. An estimate of the cost of the
Proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
Contract 1, Section 1: construe.
Lion of a 10 inch water main for
River Front Subdivision Number
5, in the City of Dubuque, Iowa.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of proper-
ty owners, deems it advisable and
necessary for the public welfare to
make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed re-
solution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvements shall be con
structed and done in accordance
Lai
with the plans and specifications
Which have been prepared there.
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment shall be paid out of the ge.
neral fund.
The above resolution was intro.
duced, approved and ordered
placed on file with the City Clerk
this 22nd day of April, 1974.
Approved and placed on file for
final action.
Approved
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Fromme1t
City Clerk
Mayor Thoms moved approval of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
(Fixing date of hearing)
RESOLUTION NO. 14674
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
by Resolution No. 14474 given its
preliminary approval on the Pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for the
Contract 1, Section 1:
construction of a 10 inch water
main for River Front Subdivision
Number 5, in the City of Dubuque,
Iowa
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspection,
BE IT THEREFORE RESOLVED
that on the 20th day of May, 1974,
a publichearing will be held at
7:30 o'clock P.M. CDT in the Coun.
cil Chamber in the City of Du-
buque at which time the owners
of property subject to assessment
for the proposed improvement may
234 Special Session, April 22, 1974
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk be and
he is hereby directed to cause a
notice of the time and place of
such hearing to be published in
some newspaper published in the
city of Dubuque, the last of which
shall be not less than two (2) nor
more than (4) weeks prior to the
day fixed for its consideration and
unless property owners at the time
of final consideration of said reso-
lution have on file with the Clerk
objections to the amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
April 19, 1974
To the Honorable Mayor
and City Council
Re: Dubuque Sewage Program
Phase II
As indicated at the Council
Workshop on the Sewage Program
held on April 4, 1974, the staff is
prepared to request your authori-
zation to proceed with the matter
of selecting certain major compo-
nents of equipment involved in
the Phase 11 improvements to the
Waste Water Treatment Facilities.
The State of Iowa has imposed
a rigorous Consent Order on the
City of Dubuque outlining a time
schedule for the implementation
of the planned improvements to
meet a 30 ppm B.O.D'effluent
standard now in effect on the
Mississippi River. In general this
Consent Order provides that the
City will receive bids on the ne-
cessary construction by August 1,
1974 and have the proposed facili-
ties complete and operational by
July 1, 1976.
Phase 1I planned construction to
meet the stream standard are out.
lined as follows:
Contract I, New Force Main,
Terminal to Treatment Plant,
Contract II, Cover and Deodori.
zation.
Contract III, Secondary treat.
ment utilizing high oxygen acti.
vated sludge and thermal condi.
tioning.
The total estimated cost of the
planned facilities is $9,298,289.61.
The City does have an 80% Fed-
erabState Grant to complete the
project. The local share of the
costs will be financed through a
$1,000,000 G. O. Bond issued in
1972 and receipts from retroactive
Federal and State Funds on Phase
L
Contracts for covers and deodo-
rization are nearing completion at
this time. Major industries involv-
ed in the Phase 11 Program have
committed to loadings and a final
basis of design has been formulat-
ed.
The consultants have recom-
mended high oxygen activated
sludge to provide the secondary
treatment stage of the facility. The
pilot plant study in Dubuque pro-
duced highly favorable results
and effluent levels in the range
of 25-30 ppm. The high oxygen ac-
tivated sludge process has the fol-
lowing advantages:
1. It reduces energy requirements,
which thereby reduces operational
costs.
2. There are less solids to dis-
pose of resulting in a lower ope-
rating cost.
3. Simplified method of opera -
ration compared to a more com-
plex conventional activated sludge
monitoring.
4. There are virtually no odors
because of the pure oxygen atmos-
phere and the sealed reactor.
Special Session, April 22, 1974 235
5. There is a reduced land re-
quirement. necessary.
Involved in the secondary stage
of the planned improvements,
there are major equipment sys.
tems which produce essentially
the same results but vary in terms
of size, arrangement and piping
configuration. To expedite the de-
sign of these projects, EPA has ap.
proved a new bidding arrangement
which provides for preselection of
m a j o r equipment components
prior to the actual construction
bids on the project.
The procedure allows the City
to receive bids on the major equip-
ment components thereby establish-
ing a definite equipment manufac-
turer and price. The City's consul.
tant then proceeds with final design
of the balance of the facility utiliz-
ing the known equipment details.
Construction plans and specifica-
tions are then finalized including
the preselected equipment and
that fixed price. Bids on the con-
struction are then received with
the contractors submitting propo-
sals which Includes our preselected
equipment. The City enters into a
contract with low bidder on the
construction contract only. No for-
mal contract is signed with the low
bidder on the equipment bid.
After evaluation of the equip-
ment bids received and authoriza.
tion by the City Council, the City
does provide a Letter of Intent to
the low bidders on the particular
components of major equipment
involved. This states that the con.
struction plans on the treatment
facility will be prepared utilizing
this particular piece of equipment
and that the General Contractors
submitting proposals on the con-
struction of the facility will be in-
structed to include that equipment
supplier and the fixed price in
their bids. In the event the con-
struction bids would be rejected
and the program cancelled, the
City does agree in the Letter of
Intent to the equipment supplier
to reimburse them on a par diem
basis for engineering costs en-
countered in providing detailed
shop drawings necessary to pre-
pare the final construction plans
on the project. These charges are
not to exceed $10,000 for each of
the three major equipment sys-
tems proposed.
We would respectfully request
your authorization to proceed with
the receipt of proposals for the
,following major components of
equipment involved in the Phase
II Program:
1. High Purity Oxygen Genera.
for and Related Dissolution Equip
ment,
2. Thermal Conditioning Equip
ment.
3. Centrifuges for Sludge Con.
ditioning.
We have prepared and enclosed
a detailed time schedule which es-
tablishes May 21, 1974 as the date
for receipt of equipment bids.
Bids would then be evaluated
and presented for Council consi-
deration on June 3, 1974.
A Resolution directing the Clerk
to advertise for bids has been pre-
pared and is attached for your re.
view. We have also enclosed the
Notice to Bidders, to be signed
by the Mayor, and the Letters of
Intent previously discussed.
Your consideration of this re-
quest at the meeting of April 22,
1974 will be sincerely appreciated.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that the communication be received
and filed. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 147.74
Approval of preliminary estimate,
proposed plans, specifications, let-
ter of intent agreement and all
other documents including all items
of material and work required to
proceed with receipt of proposals
on Phase II Waste Water Treatment
Facilities selection of Centrifuges,
High Purity Oxygen Generator and
Dissolution Equipment and Ther.
mal Conditioning Equipment, pre.
sented and read.
Councilman Justmann moved
that the resolution be adopted. Se-
conded by Mayor Thoms. Carried
by the following vote:
Yeas — Mayor Therms, Council-
men Brady, Justmann, Lunah,
Stackis.
Nays — None.
238 Special Session, April 22, 1974
RESOLUTION NO. 1480-74
WHEREAS, proposed plans and
specifications and form of Letter
of Intent Agreement for the Phase
II Waste Water Treatment Facili-
ties Selection of Centrifuges, Nigh
Purity Oxygen Generator and Dis-
solution Equipment and Thermal
Conditioning Equipment have been
approved by the City Council of the
City of Dubuque; and
WHEREAS, the City Council mel
in special session this 22nd day of
April, 1974, at 7:30 o'clock p.m. at
the Council Chambers in the City
Hall for the purpose of considering
the proposed plans, specifications
and Letter of Intent Agreement for
and cost of the equipment herein
described and proposed to be made;
now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque that
the City Council and City staff have
duly considered the plans, specifi-
cations, Letter of Intent Agreement
for or cost of said equipment herein
described and proposed to be made,
be and same are 'hereby adopted.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad.
vertise for proposals for the various
items of equipment herein provided
for in the manner provided by law
the said proposals shall be received,
on the 21st day of May at 10:G0
o'clock a.m., CDST, 1974.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second.
ed by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 149.74
WHEREAS, applications for Beer
Permits have been submitted to this
Council for approval and the same
have been examined-,
NOW THEREFORE BE IT RE.
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol
lowing applications be granted and
permits issued upon the compliance
with the terms of the Ordinances of
the City.
CLASS "e" BEER PERMIT
Herbert F. Bisping, dba, City Ta.
vern, 1401 Elm Street
CLASS "C" BEER PERMIT
Site Service Station Mini/Mart, 1387
Dodge Street
Carl A. Van Duelman dba, Vans
Food Mart, 590 Clarki Drive
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
M iyor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop.
tion of the rosolutiun. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundb,
Stackis.
Nays — None.
RESOLUTION NO. 150.74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have re-
ceived the approval of this Council;
and
WHEREAS, the premises to be oc.
cupied by such applicants were in-
spected and found to comply with
the Ordinances of this City and they
have filed proper bonds;
NOW TILEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
Herbert F. Bisping, dba, City Ta-
vern, 1401 Elm Street
CLASS "C" BEER PERMIT
Site Service Station Mini/Mart, 1387
Dodge Street
Carl A. Van Duelman, dba, Vrns
Food Mart, 590 Clarke Drive
Special Session, April 22, 1974 237
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
fames E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms Coune l -
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 151-74
WHEREAS, applications for Li-
quor Licenses have been submitted
to this Council for approval and the
same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing applications be approved
and licenses issued upon the com-
pliance with the provisiuns of Chap-
ter 131, Acts of the First Regular
Session, 64th General Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Wm. Alfredo, Jr. & Robert Klauer,
dba, Dungeon Ltd., 302 Locust St.
Dorothy R. Hentges, dba, Do -Drop -
In, 2412 Central Avenue
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundii
Emil Stackis
James E. Brady
Cauncilmca
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the reesolution Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 152.74
WHEREAS, applications for Li-
quor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the Siate Law and all City Ordi•
nances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE IT RE.
SOLVED by the City Council of Du.
buque, Iowa, that the Manager be
authorized to cause to be issued to
the following named applicants a
Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Win. Alfredo, Jr. & Rcbert Klauer,
dba, Dungeon Ltd., 302 Locust St.
Dorothy R. Hentges, dba, Do -Drop -
In, 2412 Central Avenue
Passed, adopted and approved
this 22nd day of April, 1.974,
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
"ouncilman Brady moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 153.74
A Resolution approving the con-
cept of the proposed Freeway
520 in the vicinity of the City of
Dubuque, Iowa, and urging ap-
propriate state and federal ac-
tion toward implementation of
the Freeway 520 plan
Whereas, the Federal -aid High-
way Act of 1973 has authorized a
study of the feasibility of an Inter-
state Highway from Rockford, Illi-
nois to Waterloo, Iowa, passing in
the vicinity of Dubuque, Iowa; and
Whereas, a public hearing has
been announced for purposes of
eliciting the views of local officials
and concerned citizens on the feasi.
bility, necessity and proposed loca-
tion of proposed Interstate Free-
way 520, with such hearing sche-
duled for April 23, 1974; and
238 Special Session, April 22, 1974
Whereas, the City Council of the
City of Dubuque, Iowa is represent-
ed on the Policy Committee of the
Dubuque Metropolitan Area Trans-
portation Study, and such study has
Identified a long-range need for
proposed Freeway 520 in the vicini-
ty of Dubuque, Iowa, and such Free-
way is an element of the 1990
Transportation Plan, as shown on
the attached exhibit, and
Whereas, the extension of Free-
way service from Rockford, Illinois
to Waterloo, Iowa and passing in
the vicinity of Dubuque, Iowa, would
provide a needed and desirable im-
provement in regional highway ser-
vice;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1, That. the City Council
of the City of Dubuque, Iowa sup-
ports and eencourages the designa-
tion of Freeway 520 from Rockford,
Illinois to Waterloo, Iowa as an In-
testate Highway.
Section 2. That the construction
of such Freeway 520 on the alter-
native corridor alignments describ-
ed in the attached exhibit are en-
dorsed as conceptual plans for such
facility.
Section 3. That the Commission
update the projections on traffic
usage based upon current informa-
tion and energy availability.
Passed, approved and adopted
this 22nd day of April, 1974.
Allan T. Thorns
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thorns Council.
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
RESOLUTION NO. 154-74
A resolution approving the con-
eept of the proposed Freeway
S61 in the vicinity of the City of
Dubuque, Iowa, and urging ap.
propriate state and federal ac-
tion toward implementation of
the Freeway S61 plan
Whereas, the Federal -aid High.
Act of 1973 has authorized a study
of the feasibility of an Interstate
Highway from Davenport, Iowa to
LaCrosse, Wisconsin, passing in the
vicinity of Dubuque, Iowa; and
Whereas, a public hearing has
been announced for purposes of
eliciting the views of local officials
and concerned citizens on the feasi.
bility, necessity and proposed loca-
tion of proposed Interstate Freeway
561, with such hearing scheduled
for April 23, 1974; and
Whereas, the City Council of the
City of Dubuque, Iowa is represent.
ed on the Policy Committee of the
Dubuque Metropolitan Area Trans.
portation Study, and such study has
identified a long-range need for
proposed Freeway 561 in the vicini.
ty of Dubuque, Iowa, and such Free.
way is an element of the 1990 Trans.
portation Pian, as shown on the at.
tached exhibit; and
Whereas, the extension of Free-
way service from LaCrosse, Wiscon-
sin to Davenport, Iowa and passing
in the vicinity of Dubuque, Iowa,
would provide a needed and de-
sirable improvement in regional
highway service;
NOW THEREFORE BE IT RL -
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA.
Section 1. That the City Council
of the City of Dubuque, Iowa sup-
ports and encourages the designa-
tion of Freeway 561 from LaCrosse,
Wisconsin to Davenport, Iowa as an
Interstate Highway.
Section 2. That the construction
of such Freeway 561 on the alterna-
tive corridor alignments described
in the attached exhibit are endorsed
as conceptual plans for such facili-
ty.
Section 3. That the Commission
update the projections on traffic
usage based upon currentinforma•
tion and energy availability.
Passed, approved and adopted
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, April 22, 1974 239
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays — Councilmen Brady, Just -
mann.
There being no further business
Councilman Lundh moved to -ad
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays — None.
Leo F. Frommelt
City Clerk
Approved September 16 1974
Adopted September 16 1974
.....................................................
Councilmen
Attes
City Clerk
238 Special Session, April 22, 1974
Whereas, the City Council of the
City of Dubuque, Iowa is represent-
ed on the Policy Committee of the
Dubuque Metropolitan Area Trans-
portation Study, and such study has
identified a long-range need for
proposed Freeway 520 in the vicini-
ty of Dubuque, Iowa, and such Free-
way is an element of the 1990
Transportation Plan, as shown on
the attached exhibit, and
Whereas, the extension of Free-
way service from Rockford, Illinois
to Waterloo, Iowa and passing in
the vicinity of Dubuque, Iowa, would
provide a needed and desirable im-
provement in regional highway ser-
vice;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA.
Section 1. That the City Council
of the City of Dubuque, Iowa sup-
ports and eencourages the designa-
tion of Freeway 520 from Rockford,
Illinois to Waterloo, Iowa as an In-
testate Highway.
Section 2. That the construction
of such Freeway 520 on the alter-
native corridor alignments describ-
ed in the attached exhibit are en-
dorsed as conceptual plans for such
facility.
Section 3. That the Commission
update the projections on traffic
usage based upon current informa-
tion and energy avaliability.
Passed, approved and adopted
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
RESOLUTION NO. 15474
A resolution approving the con•
cept of the proposed Freeway
561 in the vkinity of the City of
Dubuque, Iowa, and urging ap-
propriate state and federal ac.
tion toward implementation of
the Freeway S61 plan
Whereas, the Federal -aid High.
Act of 1973 has authorized a study
of the feasibility of an Interstate
Highway from Davenport, Iowa to
LaCrosse, Wisconsin, passing in the
vicinity of Dubuque, Iowa; and
Whereas, a public hearing has
been announced for purposes of
eliciting the views of local officials
and concerned citizens on the feasi.
bility, necessity and proposed loca.
tion of proposed Interstate Freeway
561, with such hearing scheduled
for April 23, 1974; and
Whereas, the City Council of the
City of Dubuque, Iowa is represent-
ed on the Policy Committee of the
Dubuque Metropolitan Area Trans.
portation Study, and such study has
identified a long-range need for
proposed Freeway 561 in the vicini-
ty of Dubuque, Iowa, and such Free.
way is an element of the 1990 Trans.
portation Plan, as shown on the at-
tached exhibit; and
Whereas, the extension of Free-
way service from LaCrosse, Wiscon-
sin to Davenport, Iowa and passing
in the vicinity of Dubuque, Iowa,
would provide a needed and de-
sirable improvement in regional
highway service;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council
of the City of Dubuque, Iowa sup-
ports and encourages the designa-
tion of Freeway 561 from LaCrosse,
Wisconsin to Davenport, Iowa as an
Interstate Highway.
Section 2. That the construction
of such Freeway 561 on the alterna-
tive corridor alignments described
in the attached exhibit are endorsed
as conceptual plans for such facili-
ty.
Section 3. That the Commission
update the projections on traffic
usage based upon current informa-
tion and energy availability.
Passed, approved and adopted
this 22nd day of April, 1974.
Allan T. Thorns
Mayor
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, April 22, 1974 239
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
yeas _ Mayor Thonus, Council-
men Lundh, Stackis.
Nays — Councilmen Brady, Just -
mann.
There being no further business
Councilman Lundh moved to -ad
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
I:ays — None.
Leo F. Frommelt
city Clerk
Approved September 16 1974
Adopted September 16 1974
....................................................
Councilmen
City Clerk
240 Special Session, April 29, 1974
CITY COUNCIL
OFFICIAL
Special session, April 29, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Thoms, Coun-
cilmen Brady, Justmann, Stackis.
City Manager Gilbert D. Chavenelle.
Absent — Councilman Lundh.
Mayor Thoms read the call and
stated that service thereof had been
duly made and this meeting is call-
ed to CONDUCT PUBLIC HEAR.
INGS ON THE RESOLUTIONS OF
NECESSITY FOR CITY OF DU.
BUQUE 1974 STREET IMPROVE.
MENT PROGRAMS and acting up-
on such other business as may pro-
perly come before a regular meet-
ing of the Council.
Mayor Thoms proclaimed the
month of May "Jobs For Veterans
Month."
Communication of Airport Com-
mission submitting minutes of
their meetings of April 11th and
19th, presented and read. Mayor
Thoms moved the minutes be re-
ceived and filed. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Communication of Low -Rent.
Housing Commission submitting mi-
nutes of their meeting of April 16th,
presented and read, Mayor Thoms
moved the minutes be received and
filed. Seconded by Councilman Stac-
kis. Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Communication of Operaticn:
New View addressed to State Of-
fice of Economic Opportunity
stating that if a relatively small
amount of nutrition funding could
be secured, approximately $5000.00
and submitting a proposal for its
use, planting areas, seeds, etc., pre-
sented and read. Mayor Thorns
moved the communication be re-
ceived and filed. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis,
Nays — None.
Absent — Councilman Lundh,
Communication of Iowa Water
Pollution Control Association ad.
-icing of a conference in Council
Bluffs .lune 12-14 for the benefit of
those individuals charged with the
responsibility of managing and ope.
ration sewage facilities, presented
and read. Mayor Thoms moved the
communication be received and
filed. Seconded by Councilman Just-
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Communication of A -OK Yellow
Cab Company Inc., stating rather
than having the Council and Mana-
ger waste anymore time on the
Company please forget that we ask.
ed for anything other than the 200
raise, if they are unable to make it,
they will go out of business, pre.
sented and read. Mayor Thoms
moved the communication be re-
ceived and filed. Seconded by Coun.
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
April 22, 1974
Honorable Mayor and
City Council
A request has been received from
J. J. Hanson, Builder, to install four
street lights in Key Knolls Subdivi-
sion.
The area has been investigated
and it is recommended that four
(4) 175 watt mercury vapor fixtures
on wood poles be installed at the fol-
lowing locations:
1. On the easement between 1885
and 1875 Mansel Drive.
2, At the inter-,cction of Hansel
Drive and Keystone Drive.
3. On the easement between 1885
and 1875 Vizaleea Drive.
4. At the intersection of Vizaleea
Drive and Keystone Drive.
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the recom-
mendation be approved. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Special Session, April 29, 1974 241
Nays — None.
Absent — Councilman Luneh.
April 26, 1974
Honorable Council.
and Members
of the City
I have approved the following
bond and desire to have your ap-
proval of same subject to approval
of the City Solicitor.
J. W. Hansen Construction Co.
rety
Company, No294 3, and dated
Company,
April 27, 1974.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved filing ap-
proved subject to approval of the
City Attorney. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
April 26, 1974
Honorable Mayor and
City Council
I herewith submit the reports of
the City Auditor, City Treasurer,
Water Superintendent, Health De-
partment and a list of claims for
the month of March 1974.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the reports
be received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts, Disbursements, And List
of Claims for Month of March, 1974,
Presented and read. Mayor Thoms
moved the proof of publication be
received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman I.undh.
Notice of claim of Donald R. Bul-
lard in the amount of $62.44 for ex-
pense incurred as the result of a
backed -up sewer on March 12, 1974,
at 1820 Cannon Street, presented
and read. Mayor Thoms moved the
claim be referred to the City Soli-
citor for proper proceedings. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Notice of Claim of Gary J. Ode-
frey, in the amount of $124.00 for
expense incurred as the result of a
city dump truck backing into his
car at 15th Street on April 18, 1974,
presented and read. Mayor Thoms
moved the claim be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
April 8, 1974
Honorable Mayor &
City Council
On March 8, 1974, Robert R. Mas.
sey of 2309 Roosevelt Street, filed
claim against the City of Dubuque
in the amount of $50.00, alleging
damages to his motor vehicle oc-
curring on February 15, 1974, as
the result of striking a protruding
manhole cover shroud at 24th and
Washington Street in Dubuque, Io-
wa, and which he states sticks over
the curbing area.
This matter was referred to City
Attorney who has made investiga.
tion thereof and has checked with
Street Department and finds no
evidence of liability on the City's
part. Therefore, it is the recommen-
dation of City Attorney that said
claim be denied.
Original claim is returned here-
with.
R. N. Russo
Mayor Thorns moved the recoSeconded
mendation be approv.
by Councilman Justmann. Carried
by the following vote: Council
Yeas — Mayor Thoms,
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
il 1974
Hon. Mayor & City Council
On April 11 1974, Louis R. Hen-
dricks of 2055 Delaware, Dubuque,
Iowa, filed claim against the City
of Dubuque claiming damages in
amountthe c 7.38 d damages occurred on Feb,
saidFeb-
242 Special Session, April 29, 1974
ruary 27, 1974, as a result of plug-
ged sewer.
This matter was referred to the
appropriate City Agency who made
an investigation thereof and report-
ed by letter to this office on April
18, 1974, of no liability and in view
of the foregoing it is the recom-
mendation of the City Attorney
that the claim of Louis R. Hendricks
be denied.
Original claim is attached hereto.
R. N. Russo
City Attorney
Mayor Thoms moved the recom-
mendation be approved. Seconded
by Councilman Justmann. Parried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
April 28, 1974
Honorable Mayor & City Council
On November 29, 1973, Betty J.
Peacock of 2282 White Street, Du-
buque, Iowa, filed claim against the
City of Dubuque in the estimate
amount of $200.00 and alleging said
damages arose out of a shooting in
her home on October 19, 1973 and
alleging said damages consisted of
a broken door and damages to the
rug and furniture, and which oc-
curred out of an incident concern-
ing Alphonse Boge.
This matter was referred to ap-
propriate City Agency who made
an investigation thereof and report-
ed by letter to this office of no
liability on the part of the City
and denied said claim. In view of
the foregoing, it is the recommen-
dation of City Attorney that said
claim of Betty J. Peacock be denied
and that City Council confirm said
denial.
Original claim is attached hereto.
R. N. Russo
Mayor Thoms moved the recom-
mendation be approved. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Petition of Gent Wittenberg re-
questing the Mayor execute a Pro-
clamation in observance of the se-
cond annual National historic Pre-
servation week from May 8th to
12th, presented and read. Mayor
Thoms moved the petition be re
ceived and filed. Seconded by Coun.
cilman Justmann. Carried by the fol.
lowing vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Petition of U.S. Coast Guard Au-
xiliary requesting that the City re-
tain ownership and control of strip
of land on the North side of the
First. Street lee Harbor to be used
for a park and recreation area, pre-
sented and read. Mayor Thoms
moved the petition be received and
filed and referred to the Dock Com.
mission. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann. Stackis.
Nays — None.
Absent — Councilman Lundh.
Petition of Dubuque County Con
servation Society requesting that
the land in the Ice Harbor be used
as a city riverside park area and
it could also be used as a tourist at-
traction, presented and read. Mayor
Thoms moved the petition be. re-
ceived and filed and referred to the
Dock Commission. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — Ncne.
Absent — Councilman Lundh
Petition of Mrs. Rosemary K.
Goetzinger requesting that E. 28th
Street not be vacated as the result
of information she now has, and as
the result of a City Engineer inves•
Ligation, presented and read. Ma-
yor Thoms moved the petition be
received and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Proof of Publication, certified to
by the Publisher of Notice of Pen-
dency of Resolution of Necessity
for construction of City of Dubuque
1974 Asphalt Paving Project No. 1
on the following named streets: Al-
gona St., from the S.P.L. of Grace
St. to the N.P.L. of St. Joseph St..
Asbury Road -John F. Kennedy Rd.
intersection, reconstruction and sig
nalization, Bicycle Path, :rom Ter-
minal Street to the south end of the
Special Session, April 29, 1974 243
floodwall, Bluff St., from the S.P.L.
of Eighth St. to the S.P.L. of Jones
St., Blackhawk Dr., from the S.P.L.
of Fox Dr. to the south end of the
street, Fox Dr., from the E.P.L. of
Rtr&t, Loras ale Rd. t
o the cast end of the
sBlvd.--Nowata Street
intersection reconstruction, Meg-
gan Dr., from the E.P.L. of Bonson
Rd. to the W.P.L. of Dove Street,
Parking lot at the southeast corner
of Tenth and Bluff Streets, Prince-
ton Place, from the E.P.L. of Devon
Dr. to the S.P.L. of Mineral St., Ste-
wart St., from the N.P.L. of Delhi
Street to the S.P.L. of University
Ave., Stoneman Rd., from the
W.P.L. of John F. Kennedy Rd. to
the W.P.L. of Lot 1-1-1-1 of Hawkeye
Stock Farm, East Twenty-fourth St.,
from E.P.L. of Jackson St. to the
C.G.W. Railroad tracks, East Twen-
ty-ninth St. and Lawther St. from
the E.P.L. of Pinard St. to the S.P.L.
of Brunswick Street, Woodworth St.,
from the N.P.L. of Clarke Dr. to the
S.P.L. of Lowell Street, presented
and read. Mayor Thorns moved the
proof of publication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Statement of City Clerk certify-
ing that notices of hearing on re-
solution of necessity for construc-
tion of 1974 Asphalt Paving Pro-
gram have been mailed by certified
mail on April 8, 1974, to property
owners subject to assessment, pre-
sented and read. Mayor Thorns
moved the statement be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vole:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays -- None.
Absent — Councilman Lundh.
Petition of Will, J. Lynn et al ob-
jecting to the surfacing of Black -
hawk Drive, presented and read.
Mayor Thoms moved the petition
be received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Petition of Don Sullivan et al
objecting to the surfacing of Wood-
worth Street, presented and read.
Mayor Thorns moved the petition
be received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Petition of Gladys L. Reiter et al
objecting to the proposed paving of
Stewart Street, presented and read.
Mayor Thoms moved the petition
be received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundli.
Councilman Stackis moved to re-
fer the Bicycle Path to Police De-
partment for study and report. Mo-
tion died for lack of a second.
Councilman Stackis moved to
suspend the rules in order to let
anyone present address the Council
if they so desire. Seconded by Coun-
cilman Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Will. Lynn and C. W. Edmonds,
both of Blackhawk Drive and Ray-
mond Deveaux of Fox Drive all ob-
jecting to the condition of Rock-
dale Road. Mrs. Wick objected to
the asphalt paving of Stewart
Street. Councilman Justmann
moved to delete Stewart Street
)from the program. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Councilmen Brady, Just -
mann, Stackis.
Nays — None.
Abstain — Mayor Thoms.
Absent - . Councilman Lundh.
Daniel Ohnesorge, Richard Dol -
ter, Cletus Haupert, and Bob Len.
hardt were more concerned about
Woodworth Street being done right.
Mayor Thoms moved to retain
Woodworth Street on the program.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent -- Councilman Lundh.
244 Special Session, April 29, 1974
RESOLUTION NO. 155.74
Resolution amending Resolution
No. 102.74.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That Resolution No.
102-74 being the Resolution of Ne-
cessity for the City of Dubuque
1974 ASPHALT PAVING PROJECT
NO. 1, be and the same is hereby
amended by deleting the following
portions of the following named
streets therefrom:
Stewart Street from the N.P.L. of
Delhi Street to the S.P.L. of Univer-
sity Avenue.
Passed, Adopted and Approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thon:s moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the follow.
ing vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Stdekis.
Nays — None.
Absent — Councilman Lundh.
(Necessity for Improvement)
RESOLUTION NO. 102-74
WHEREAS, proposed plans, spec-
ifications, form of contract, plat and
schedule have been duly prepared
and approved by the City Council
of the City of Dubuque and are now
on file in the office of the City Clerk
showing among other things the fol.
lowing:
1. The Assessment limits if any.
2. The streets to be improved.
3. The width of such improve.
ment.
4. Each lot proposed to be assess.
ed together with a valuation fixed
by the council.
5. An estimate of the cost of the
proposed improvement, stating the
same for each different type of con-
struction and kind of material to
be used.
6. In each case the amount there-
of which is estimated to be assessed
against each lot, for the CITY OF
DUBUQUE 1974 ASPHALT
PAVING PROJECT NO. 1:
1. Algona St-, from the S.P.L. of
Grace St, to the N.P.L. of St. Joseph
St.
2. Asbury Road, John F. Kenne-
dy Rd. intersection, reconstruction
and signalization.
3. Bicycle Path, from Terminal
Street to the south end of the flood-
wall.
4. Bluff St., from the S.P.L. of
Eighth St. to the S.P.L. of Jones St.
5. Blackhawk Dr., from the S.P.L.
of Fox Dr. to the south end of the
street.
6. Fox Dr., from the E.P.L. of
Rockdale Rd. to the east end of the
street.
7. Loras Blvd., Nowata Street in.
tersection reconstruction.
8. Meggan Dr., from the E.P.L. of
Bonson Rd. to the W.P.L. of Dove
Street.
9. Parking lot at the southeast
corner of Tenth and Bluff Streets.
10. Princeton Place, from the
E.P.L. of Devon Dr. to the S.P.L.
of Mineral St.
11. Stewart St., from the N.P.L.
of Delhi Street to the S.P.L. of Uni-
versity Ave.
12. Stoneman Rd., from the
W.P.L. of John F. Kennedy Rd. to
the W.P.L. of Lot 1-1-1-1 of Hawk -
eye Stock Farm.
13. East Twenty-fourth St., from
E.P.L. of Jackson St. to the C.G.W.
Railroad tracks.
14. East Twenty-ninth St. and
Lawther St. from the E.P.L. of Pi-
nard St. to the S.P.L. of Brunswick
Street.
15. Woodworth St., from the
N.P.L. of Clarke Dr. to the S.P.L.
of Lowell Street.
BE IT THEREFORE RESOLVED
that the City Council on its own mo-
tion or upon petition of property
owners, deems it advisable and ne-
cessary for the public welfare to
make the herein mentioned im-
provement, and unless property
owners at the time of the final con.
sideration of this proposed resolu-
tion have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived all
objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefore
by the City Engineer which have
been approved by the City Council
Special Session, April 29, 1974 245
and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
assessed upon and against all pri-
vately owned property lying within
assessable distance provided by
law and in an amount not to exceed
the amount provided by law, pro-
perty will be assessed whether the
same abuts thereon or is adjacent
thereto according to area and in
proportion to the special benefit,
conferred thereby, and any de-
ficiency shall be paid out of the
ROAD Use Tax Fund. Street bonds
shall be issued and sold in anticipa.
tion of deferred payments of assess-
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
contractor. The railway portion of
any street or assessment district
shall be assessed to and paid by the
railway company.
The above resolution was intro•
duced, approved and ordered
placed on file with the City Clerk
this 1st day of April, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed and adopted, as amed-
ed by the City Council this 29th day
of April 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundb.
Decision of Council upon
objections to plans, specifications,
form of contract and cost of
Improvements
RESOLUTION NO. 156.74
WHEREAS, proposed plans and
specifications and form of contract
for the City of Dubuque 1974 As-
phalt Paving Project No. 1 have
been approved by the City Council
of the City of Dubuque and public
notice given as provided by Chap-
ter 23 of the Code of Iowa, 1973 per.
taining to public contracts and
bonds, and the time and place fixed
for the hearing of all objections to
said plans, specifications or con-
tract for or cost of such improve-
ments, said time being this 29th
day of April, 1974; and
WHEREAS, the City Council met
in Special session this 29th day of
April, 1974, at 7:30 o'clock P.M. at
the Council Chambers in the City
Hall for the purpose of hearing all
interested parties and considering
any and all objections which have
been filed to the proposed plans,
specifications or contract for or cost
of the improvement herein de-
scribed and proposed to be made;
and
AREAS, all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci-
fications, contract for or cost of
said improvement herein described
and proposed to be made, be and
the same hereby overruled and
such plans, specifications and form
of contract heretofore approved
are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed to
the plans, specifications and form
of cost said improvement be made
a matter of permanent record in
connection with said improvement.
Passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun.
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmaun, Stackis.
Nays — None.
Absent — Councilman Lundh.
Special Session, -April -29, 1974
(Ordering Corwruction)
RESOLUTION N0. 157.74
BE rr RESOLVED BY THE CITY
COUNCIL OF THE CTTY OF DU-
BUQUE that pursuant to a resolu-
tion of necessity No. 102.74 which
was duly passed by this Council, for
the City of Dubuque 1974 Asphalt
Paving Project No. 1 be and the
same are hereby ordered and con-
structed by this Council upon its
own motion and with or without the
petition of property owners. All the
work shall be constructed in accor-
dance with the plans and specifica-
tions heretofore adopted and now
on file in the office of the City
Clerk.
BE rr FURTHER RESOLVED
that the cost and expense of said
improvements be paid for by levy-
ing special assessments against the
privately owned property lying
within the assessable distance from
the improvements, whether such
property abut upon the same or are
adjacent thereto, according to the
area therof and in proportion to the
special benefits conferred, and any
deficiency will be paid out of the
R.U.T. Fund, Parking fund. Payment
will be made to the contractor out
of funds realized from the sale of
bonds to be issued in anticipation of
deferred payments of assessments
as provided by law after the work
has been completed and. accepted by
the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad
vertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the -aid
improvements shall be completed
on or before 90 days after notice to
proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Brady. (tarried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Proof of Publication, certified to
by the Publisher of Notice of Pen-
dency of resolution of Necessity for
construction of 1974 Concrete
Paving with Integral Curb Project
No. 1 Ter.th Street from Locust to
Bluff Street and intersection of 9th
and Bluff Paving and Building re-
moval, prevented and read. Mayor
Thorns moved the proof of publics.
tion be received and filed. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Councilman Justmann moved
deletion of the program. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann.
Nays — Councilman Stackis.
Absent — Councilman Lundh.
Proof of Publication, certified to
by the Publisher of Notice of Pen-
dency of resolution of necessity for
the construction of 1974 Concrete
Paving with Integral Curb Project
No. 1 Tenth Street from Locust to
Bluff and intersection of 9th and
Bluff Traffic Signals and Signing,
Presented and read. Councilman
Justmann moved the proof of pub-
lication be received and filed. Se-
conded by Councilman Brady. Car•
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Councilman Justmann moved
deletion of the program. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann.
Nays — Councilman Stackis.
Ahsent — Councilman Lundh.
Proof of Publication, certified to
by the Publisher, of Notice of Pen.
dency hearing for construction of
Special Session, April 29, 1974 247
1974 Concrete Paving with Integral
(dub Project No. 2, Dodge Street,
Grandview Avenue intersection re -
c o n s t r u c t ion and signalization,
Ninth Street, Eighth Street, Hill
Street. and University Avenue in-
tersection reconstruction, present-
ed and read. Mayor Thoms moved
the proof of publication be received
and filed. Seconded by Councilman
Justmann. Carried by the following
vote:
yeas -- Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent Councilman Lundh.
Dr. Vernon addressed the Coun-
cil suggegtin8 changes on 91h Street
Construction.
(Necessity for Improvement)
RESOLUTION NO. 111.74
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque and
are now on file in the office of the
City Clerk showing among other
things the following:
1. The streets to be improved.
2. The width of such improve-
ment, and the size and kind of sev`•-
ers.
3. An estimate of the cost of the
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
The City of Dubuque 1974 Con.
crete Paving with Integral Curb
Project No. 2:
1. Dodge Street. Grandview Ave-
nue intersection reconstruction and
signalization.
2. Ninth Street, Eighth Street,
Hill Street and University Avenue
Intersection reconstruction.
BE IT THEREFORE RESOLVED
that the City Council on its own mo-
tion or upon petition of property
owners, deems it advisable and ne.
cessary for the public welfare to
make the herein mentioned im.
provement, and unless property
owners at the time of the final con-
sideration of this proposed resolu-
tion have on file with the City Clerk,
they shall be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefore
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
paid out of the R.U.T. Fund, Utili-
ties Fund and Parking Funds.
The above resolution was intro-
duced, approved and ordered placed
on file with the City Clerk this 1st
day of April, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed and adopted, as pro-
posed. by the City Council this 29th
day of April, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent -- Councilman Lundh.
Decision of Council upon objections
to plans, specifications, form of
contract and cost of improvements
RESOLUTION NO. 158-74
WHEREAS, proposed plans and
specifications and form of contract
for the City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 2 have been approved
by the City Council of the City of
Dubuque and public notice given
as provided by Chapter 23 of the
Code of Iowa 1973, pertaining to
public contracts and bonds, and the
time and place fixed for the hear-
ing of all objections to said plans,
specifications or contract for or
cost of such improvements, said
time being this 29th day of April.
1974: and
WHEREAS, the City Council met
in special session this 29th day of
April, 1974, at 7:30 o'clock P.M. at
the Council Chambers in the City
liall for the purpose of hearing all
interested parties and considering
any and all objections whichhave
been filed to the proposed
specifications or contract for or cost
of the improvement herein de-
248 Special Session, April 29, 1974
scribed and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, specifi
cations, contract for or cost of said
improvement herein described and
proposed to be made, be and the
same hereby overruled and such
plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all ob-
jections which have been filed to
the plans, specifications and form
of cost said improvement be made
a matter of permanent record in
connection with said improvement.
Passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
(Ordering Construction)
RESOLUTION NO. 159.74
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant to a resolu.
tion of necessity No. 111-74 which
was duly passed by this Council,
for the City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 2 be and the same are
hereby ordered and constructed by
this Council upon its own motion
and with or without the petition of
property owners. All the work shall
be constructed in accordance with
the plans and specifications here•
tofore adopted and now on file in
the office of the City Clerk,
BE IT FURTHER RESOLVED
that the cost and expense of the said
improvements be paid for from the
R. U. T. Fund, Utilities Fund after
the work has been completed and
accepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals for the eon.
struction of the various improve
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 90 days after notice to
proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 29th day April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
RESOLUTION NO. 16074
WHEREAS, Block 1 Riverfront
Subdivision No. 5 in the City of Du-
buque, Iowa and Lot 2 of Lot 1 of
Lot 2 of Lot 2 of Lot 1, Block 5,
Riverfront Subdivision No. S in the
City of Dubuque, Iowa, and abutt-
ing streets have been platted ac-
cording to plat dated April 19, 1974,
by Carl F. Bartels, Licensed Pro-
fessional Civil Engineer and Land
Surveyor.
WHEREAS, said plat conforms to
law and should be approved.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IO
WA:
Section 1. That plat dated April
19, 1974, prepared by Carl F. Bar-
tels, Licensed Professional Civil En-
gineer and Land Surveyor platting
Special Session, April 29, 1974 249
Block 1 Ci
vision No.
5 in the Cityty of Dubuqufront e, Iowa and
Lot 2 of Lot 1 of Lot 2 of Lot 2 of
Lot 1, Block 5, Riverfront Subdivi-
sion No. 3 in the City of Dubuque,
Iowa and abutting streets, be and
the same is hereby approved.
Section Z, That the Mayor and
City Clerk be and they are h^reby
authorized to execute said plat for
and on behalf of the City of Du-
buque, Iowa.
Section 3. That the City Clerk is
hereby directed to cause said plat
to be filed in the office of the Du-
buque County Recorder.
Passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Councilmen
Attest:
Leo. F. Fmmmelt
Councilman Stackis moved adop-
tion of .the resolution. Seconded by
Councilman Justmann. Carried by
the following vote,
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
RESOLUTION NO. 161.74
Authorizing the publication of
Notice of Sale of Project Notes
(Third Series 1974) and the re-
ceiving of proposals for the sale
of said notes for the Downtown
Urban Renewal Project, Iowa R-
15
WHEREAS, under date of July 26,
1967, the City of Dubuque entered
into a loan and Capital Grant Con-
tract for the undertaking of the
Dwontown Urban Renewal Project,
Iowa R-15; and
WHEREAS, under date of July 3,
1972, the Council of the City of Du-
buque adopted Resolution No. 213-
72 authorizing to be issued. from
time to time, Project Notes in con-
nection with the Downtown Urban
Renewal Project, Iowa R-15; and
WHEREAS, under date of Feb-
ruary 11, 1974, the Council of the
City of Dubuque authorized the is-
suance and sale of its Project Notes
in the aggregate principal amount
of $1,565,000 to finance certain un-
dertakings in connection with the
Downtown Urban Renewal Project,
Iowa R-15; and
WHEREAS, in order to refinance
a portion of said outstanding Pro-
ject Notes, it is r-ecessary for the
City of Dubuque to sell Project
Notes (Third Series 1974) totaling
$1,490,000; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the City Clerk be
and he is hereby authorized and di-
rected to publish according to law,
"Notice of Sale—Project Notes" in
the form of Exhibit "A" attached
hereto and made a part hereof.
Section 2. That the City Clerk be
and he is hereby authorized and di-
rected to accept and tabulate pro-
posals for the sale of said notes and
to send telegrams of acceptance to
the low bidder or bidders all in ac-
cordance with instructions cover-
ing such transactions as provided
by the Department of Housing and
Urban Development, United States
of America.
Section 3. That a meeting of the
Council of the City of Dubuque shall
be held after the bid opening date
of May 21, 1974, to adopt such re-
solution or resolutions necessary
for the consummation of the sale
of Project Notes (Third Series 1974)
to the lowest bidder or bidders.
Passed, approved and adopted
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
NOTICE OR SALE
—PROJECT NOTES
CITY OF DUBUQUE, IOWA
Sealed proposals will be received
by City of Dubuque, (herein called
the "Local Issuing Agency") at
Council Chambers, City Hall, 13th
and Iowa Streets, in the City of Du.
250 Special Session, April 29, 1974
buque, State of Iowa 52001, until,
and publicly opened at, One o'clock
Y.M. (E.D.TJ on May 21, 1974, for
the purchase of $1,490,000 of Pru
ject. Notes (Third Series 1974), be-
ing issued to aid in financing its
project(s) as follows:
Amount, $1,490,000, Series, Third
1974, Maturity, September 13, 1974.
The Notes will be dated June 18,
1974, will be payable to bearer on
the Maturity Date, and will bear in-
terest at the rate or rates per an-
num fixed in the proposal or pro-
posals accepted for the purcha,c of
such Notes.
All proposals for the purchase
of said Notes shall be submitted in
a form approved by the Local Is-
suing Agency. Copies of such form
of proposal and information con-
cerning the Notes may be obtained
from the Local Issuing Agency Lt
the address indicated above. De-
tailed information with respect to
the conditions of this sale may be
obtained from the May 7. 1974 is-
sue of The Daily Bond Buyer.
CITY OF DUBUQUE,
IOWA
By Leo F. Frommelt
Authorized Officer
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic hearing to consider authoriza-
tion of executed proposed agree-
ments for sale of Urban Renewal
Land to R & S Enterprise3 Inc.,
presented and read. Mayor Thoms
moved the proof of publication be
receiveid and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis,
Nays — None.
Absent — Councilman Lunch.
RESOLUTION NO. 162-74
Authorizing the execution of a
contract for sale of land for pri.
vate redevelopment with R & S
Enterprises, Inc.
WHEREAS, pursuant to Resolu-
tion No. 98-74 dated March 25, 1974
and a Notice of Public Hearing pub-
lished in The Telegraph -Herald, a
newspaper of general circulation in
the City of Dubuque, Iowa, on April
4, 1974 and April 11, 1974, City
Council met on the 29th day of
April, 1974 at 7:30 o'clock P.M. Cen.
tral Daylight Time, in the City Coun.
cil Chambers, City Hall, Dubuque,
Iowa, to consider the proposal to
dispose of the interest of the City
of Dubuque to Lot 1 of Block 6, ex.
cept the North 15 feet thereof and
except the South 65 ft. thereof; and
Lot 3 of Block 6 in Dubuque Down.
town Plaza in the City of Dubuque,
Dubuque County, Iowa, also known
as Disposition Parceel 1 -IA in the
Downtown Urban Renewal Propect,
Iowa R-15, containing 7,969.929
square feet; to R & S Enterprises,
Inc; and
WHEREAS, pursuant to said re.
solution, a copy of the Redevelop.
er's Statement for Public Disclo.
sure and a copy of the proposed
form of Contract for Sale of Land
for Private Redevelopment was
placed on file in the office of the
City Clerk for public inspection; and
WHEREAS, the City Council of
Dubuque, Iowa, overruled any and
all objections, oral and written, to
the proposal to dispose of said in-
terest of the City of Dubuque in the
above-described real estate to R &
S Enterprises, Inc.; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA;
Section I. That the Mayor and
City Clerk be and they are hereby
authorized to enter into a Contract
for Sale of Land for Private Rede-
velopment in accordance with the
terms of the Disposition Documents
governing such sale with R & S En-
terprises, Inc. for the real estate
known as Lot 1 of Block 6, except
the North 15 feet thereof and except
the South 65 feet thereof; and Lot
3 of Block 6 in Dubuque Downtown
Plaza in the City of Dubuque, Du-
buque County, Iowa, also known as
Disposition Parcel 1-1A in the
Downtown Urban Renewal Project,
Iowa R-15, containing 7,969.929
square feet.
Section 2. TLat said parcel of real
estate shall be sold for $2.50 per
square foot, for a total price of
$19,924.82.
Passed, approved and adopted
this 29th day of April, 1974.
Allan T. Thom',
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
I.eo F. Frommelt
City Clerk
Special Session, April 29, 1974 261
Mayor Thoms moved adoption of
the resolution. Seconded
by theoun-
fol.
oilman Brady. Caarrr
lowing vote:
Yeas —Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays None.
Absent -- Councilman Lundh.
RESOLUTION NO. 163.74
Authorizing the execution and
delivery of deed to R & S Enter.
prises, Inc. for sale of land in the
Downtown Urban Renewal Pro-
ject, Iowa R-15
WHEREAS, under date of April
30, 1974 the City of Dubuque, Iowa
and R & S Enterprises, Inc entered
into a Contract for the Sale of Land
in the Downtown Urban Renewal
Project, Iowa R-15, for private re-
development; and
wHMAS, R & S Enterprises,
Inc. has complied with the condi-
tions of said Contract and has re-
quested the City of Dubuque to
execute and deliver a Deed for the
land described herein below; now
therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the Mayor and
City Clerk are hereby authorized
and directed to execute a Deed to
R & S Enterprises, Inc. for the sale
of Disposition Parcel IA in Block 1
in the Downtown Urban Renewal
Project, Iowa R-15, legally described
as Lot 1 of Block 6, except the North
15 feet thereof and except the South
65 feet thereof; and Lot 3 of Block 6
in Dubuque Downtown Plaza in the
City of Dubuque, Dubuque County,
Iowa, also known as Disposition
Parcel 1-lA in the Downtown Urban
Renewal Project, Iowa R-15, con.
taining 7,969.929 square feet.
Section 2. That the Director of the
Department of Housing and Rede-
velopment is hereby authorzied and
directed to deliver said Deed to R &
S Enterprises, Inc. upon receipt of
the purchase price of $19,924.82 on
the basis of $2.50 per square foot.
Passed, approved and adopted
this 29th day of April, 1974.
Allen T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
RESOLUTION NO. 164.74
A resolution approving the con-
cept of a modern rail system ser-
vice for goods and persons in and
through the State of Iowa and
urging appropriate Federal, State,
and Local action toward that goal
Whereas the subject of interstate
as well as intrastate transportation
modes is a question of paramount
importance to residents of North-
ern Iowa, and
Whereas the area of Northern
Iowa is of increasing importance to
the nation and the world as one of
the world's major sources of food
and feed supplies, and
Whereas no adequate form of
transportation now exists to meet
the needs of this area, and
Whereas no 4 -lane freeway or ex.
pressway now exists connecting any
of Northern Iowa's major cities with
each other, nor to contiguous states,
and
Whereas the economy of all the
cities of nothern Iowa demands re-
lief in the form of improved trans-
portation possibilities for the move.
ment of persons and goods, and
Whereas the economy of the State
and the Nation are direct benefi-
ciaries of the food and feed supplies
shipped from this region, and
Whereas the legislature of the
State of Illinois, through direct sub.
sidy, has now made available the de.
livery of twice-daily AMTRAK pas-
senger service to Dubuque, Iowa*
NOW, THEREFORE, B
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That this City Council supports
and encourages the concept of an
advanced rail system for Northern
Iowa that would connect Sioux City,
Fort Dodge, and Waterloo to the
newly existing AMTRAK connection
in Dubuque, Iowa, and
That the existing rail right-of-way
connecting the above-mentioned
252 Special Session, April 29, 1974
Great Northern Plains cities be up-
graded to accommodate railway sys-
tem service of advanced design, ser-
vice, and speeds, both for the move-
ment of persons and goods, to the
extent that such system shall serve
as a model system within the United
States, and
That supporting resolutions be
sought from the governing councils
of Sioux City, Fort Dodge, and Wa-
terloo, Iowa seeking establishment
of rail system service herein de-
scribed, and
That ALL supporting resolutions
be communicated to the Governor
(and) Northern Iowa legislators
(both State & Federal); urging them
to move forth -with in the promotion
and acquisition of an advanced rail
system for Iowa, and
That immediate trans -Iowa AM-
TRAK service between terminal
Sioux City and Dubuque be sought
through appropriate negotiations
and possible direct subsidy as in
the Illinois example.
Passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann.
Nays — Councilman Stackis.
Absent — Councilman Lundh.
RESOLUTION NO. 165-74
WHEREAS, Robert A. Sullivan,
a native son of Dubuque, endowed
with a rich and expansive sense of
artistry in the field of antiques and
with particular emphasis on interior
decorating, died at Dubuque, Iowa,
on 22nd day of April, 1974; and
WHEREAS, Robert A. Sullivan
with a rare gift from the Almighty
bestowed, did share his talents with
the inhabitants of this community
and manifested his native genius in
many ways, but with particular re-
ference to the restoration of old,
historical landmarks in the City of
Dubuque, Iowa; and
WHEREAS, Robert A. Sullivan,
by virtue of his rich natural endow.
ments and by reason of 'his gift of
genius in his chosen field, has left
numerous landmarks throughout
the City of Dubuque, Iowa, in silent
magnificience and eloquent tribute
to his creative skills and to his sense
of dedication to his creative arts;
and
WHEREAS, by reason of the un-
timely death of Robert A. Sullivan,
the inhabitants of the City of Du-
buque, Iowa, have lost a true shining
light that for many years has
brought into proper focus and to
proper vision true facets of our rich
heritage and they stand as living
memorials as an eloquent tribute
to his native genius and to his love
for his craft:
NOW THEREFORE BE IT R&
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the official family
of the City of Dubuque, Iowa, does
hereby memorialize the passing
away of Robert A. Sullivan and
makes public note and record of
his gifts and genius which he so un-
selfishly bestowed upon the inhabi-
tants of this community and pre-
served in living memorials through-
out the City as eloquent tribute to
his genius, and that the official
City family of the City of Dubuque,
Iowa, does hereby express its sad-
ness, condolences and regret at the
untimely passing of this native son.
Section 2. That the City Clerk be
and he is hereby ordered and direct-
ed to forward a certified copy of
this Resolution to the family of the
said Robert A. Sullivan.
Passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmarin
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Council.
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Special Session, April 29, 1974 253
RESOLUTION NO. 166.74
WHEREAS, William T. Noonan
for the past nineteen years was a
loyal and devoted employee of the
City of Dubuque; and
WHEREAS, said loyal servant
passed away in the City of Du-
buque, Iowa on the 21st day of
April, 1974; and
WHEREAS, the said William T.
Noonan had for a number of years
immediately prior to his death been
suffering from a terminal illness
which he courageously fought and
resisted up to the very last days of
his life and all through this most
difficult and trying period of his
life he devotedly and conscientious-
ly performed his duties and respon-
sibilities as an employee of the City
of Dubuque at the City Landfill and
in truth and in fact, did work up un-
til the 23rd day of September 1973
just prior to his death, and that the
exemplary work record and devo•
tion to his job and to his family as
a conscientious citizen of this com-
munity he exemplified the highest
qualities of citizenship and loyalty;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City of Du-
buque, Iowa does hereby officially
take sad note of the passing of Wil-
liam T. Noonan, who up to the time
of his death was the foreman at the
City Landfill, and in observing his
passing from these worldly pre-
cincts the City Council of the Cite
of Dubuque, Iowa does hereby take
note that he was a loyal public ser-
vant and that he was a devoted fa.
mily man and conscientious and
sincere citizen of this community,
and while William T. Noonan may
not have attracted much attention
in his lifetime or attained high pro-
minence in high places, he left an
enviable record as family man, loyal
citizen and devoted public servant.
Section 2, That the City Clerk be
and he is hereby ordered to trans-
mit a certified copy of this Resolu
tion to the family of the beloved;
departed citizen, William T. Noo-
nan.
Passed, approved and adopted
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
,James E. Brady
Councilmen
Attest:
Leo F. Frommel.t
City Clerk
Mayor Thorns moved adoption of
the: resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None,
Absent — Councilman Lundh.
RESOLUTION NO. 167-74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied wiA,h the provisions of
law relating to the sale of Cigarettes
within the City of Dubuque, Iowa,
be granted a permit to sell Ciga-
rettes and Cigarette Papers within
said City.
Kenneth M. Stecklein, dba, Ken's
Union 76 Service, 2480 University
Ave.
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cation be approved.
Passed, adopted and approved
this 29th day of April 1974.
Allan T. Thorns
Mayor
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Stackis.
Nays — Councilman Justmann
Absent — Councilman Lundh.
RESOLUTION NO. 168.74
WHEREAS, applications for Li-
quor Licenses have been submitted
to this Council for approval and the
same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing applications be approved
and licenses issued upon the com-
pliance with the provisions of Chap-
ter 131, Acts of the First Regular
Session, 64th General Assembly.
254 Special Session, April 29, 1974
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Leona R. Friedman, dba Lonas Tap
and Grill, also SUNDAY SALES,
620 East 16th Street
Passed, adopted and approved
this 29th day of April 1974.
Allan T. Thoms
Mayor
C. Robert. Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo 17. Frommelt
City Clerk
Mayor Thorns moved adoption of
the rese:ution. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
RESOLUTION NO. 169.74
WHEREAS, applications for Li-
quor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WTIEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with
the State Law and all City Ordi-
nances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of Du-
buque, Iowa, that the Manager be
authorized to cause to be issued t(
the following named applicants a
Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Leona R. Friedman, dba, Lonas Tap
and Grill, AND SUNDAY SALES,
620 Last 16th Street
Passed, adopted and approved
this 294h day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frornmelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Council.
man Stackis. Carried by the follow-
ing vote:
Yeas — Mayor Thoms. Council.
men Brady, Justmann, Stackis.
Nays — None.
Absent -- Councilman Lundh.
Communication of Barb Weulling
objecting to the speed limit of 35
miles per hour on the crest of the
hill on Pennsylvania Avenue at
Hempstead High School, presented
and read. Councilman Justmann
moved the communication be re
ferred to the City Manager and the
Traffic Department. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas --- Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
At 11:05 P.M. Mayor Thoms
moved to go into executive session
to discuss personalities and names
for appointment to the Citizens Ad-
visory Commission and the Human
Rights Conu-nission. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
At 11:15 P.M. the Council recon-
vened in regular session. Mayor
Thoms moved Mrs. Ruby Sutton be
appointed to the Citizens Advisory
Commission and Mr. James Goet-
zinger be appointed to the Human
Rights Commission. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
There being no further business,
Mayor Thoms moved to adjourn. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Leo F. Frommclt
City Clerk
Special Session, April 29, 1974 255
Approved September 16 1974
Adopted September 16 1974
Regular Session, May 6, 1974 257
CITY COUNCIL
OFFICIAL
Regular Session May 6, 1974.
Council met at
730P.M n
Present—Mayor CocI-
t
men Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenells.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this is the
REGULAR MONTHLY MEETING
of the Council called for the pur-
pose of acting upon such business
as may properly come before the
meeting.
Communication of Mayor Thorns
expressing intent to make a mo-
tion to reconsider his negative vote
of April 29, 1974, relative to the
City of Dubuque 1974 Concrete
Paving with Integral Curb Project
No. 1, loth Street from Locust
to Bluff and intersection of 9th
and Bluff Contract No. 2 P. C.
Concrete Paving and building re-
moval and City of Dubuque 1974
Concrete Paving with Integral Curb
Project No. 1, Tenth Street from
Locust Street to Bluff Street and
intersection of 9th & Bluff Contract
No. 1 Traffic Signals and Signing,
presented and read. Mayor Thorns
moved for reconsideration of nega-
tive vote of meeting of April 29th.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas—Mayor Thorns, Councilmen
Justmann, Lundh, Stackis.
Nays—Councilman Brady.
(Necessity for Improvement)
RESOLUTION NO. 105.74
WHEREAS, proposed plans,
specifications, form of contract,
plat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
I. The streets to be improved.
2. The width of such improvement,
and the size and kind of sewers.
3. An estimate of the cost of the
proposed improvement, stating
the same for each different type
of constructioin and kind of ma-
terial to be used.
The City of Dubuque 1974 Con-
crete Paving with Integral Curb
'roject No. 1 Tenth Street from
.ocust Street to Bluff Street and
ntersection of 9th and Bluff
itreets Contract No. 2 P. C. Con -
,rete Paving and buildings re.
moval.
BE IT THEREFORE RESOLVED
that the City Council on its own
notion or upon petition of property
owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed reso-
lution have on file with the City
Clerk objections they shall be
deemed to have waived all ob-
jections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid out of the R.U.T.
Fund.
The above resolution was intro.
duced, approved and ordered plac-
ed on file with the City Clerk this
1st day of April, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as pro-
posed, upon motion of reconsid-
eration by the City Council this
6th day of May, 1974.
Allan T. Thorns
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Att
Lesl:eo F. Frommelt
City Clerk
Mayor Thums moved final adop-
tion of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
yeas --Mayor Thorns, Councilmen
Lundh, Stackis. Just-
Nays—Councilmen Brady,
mann. -'
Decision of Council upon specifications,
tions to plans,
form of contract and cost of
improvements.
RESOLUTION NO. 170.74
WHEREAS, proposed plans and
specifications and form of contract
258
Regular Session, May 6, 19-4
for The City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 1. Tenth Street from
Locust Street to 131uff Street and
intersection of 9th and Bluff
Streets. Contract No. 2 P. C. Con-
crete Paving buildings removal
have been approved by the City
Council of the City of Dubuque and
public notice given as provided by
Chapter Z3 of the Code of Iowa,
1973 pertaining to public contracts
and bonds, and the time and place
fixed for the hearing of all objec-
tions to said plans, specifications or
contract for or cost of such im-
provements, said time being 0.1is
6th day of May, 1974; and
WHEREAS, the City Council met
in regular session this 6th day of
May, 1974, at 7:30 o'clock P.M. at
the Council Chambers in the City
Hall for the purpose of hearing
all interested parties and con ider-
ing any and all objections which
have been filed to the proposed
plans, specifications or contract
for or cost of the improvement
herein described and proposed to
be made; and
WHEREAS, all interested par-
ties have been given an opportunity
to be heard and all objections
which have been duly weighed and
considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same are hereby
overruled and such plans, specifica-
tions and form of contract here-
tofore approved are hereby adopt.
ed.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement
be made a matter of permanent
record in connection with said
improvement.
Passed, adopted and approved
this 6th day of May, 1974.
Allan T. Thom
Mayor
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
I.eo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Thorns, Councilmen
Lundh, Stackis.
Nays—Councilmen Brady, Just.
mann.
(Ordering Construction)
RESOLUTION NO. 171.74
Br IT RESOLVED BY THE
CITY COUNCIL. OF THE CITY OF
DUBUQUE that pursuant to a reso-
lution of necessity No. 105.74 which
was duly passed by this Council,
for the City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 1. Tenth Street from
Locust Street to Bluff Street and
intersection of 9th and Bluff
Streets. Contract No. 2 P. C. Con-
crete Paving and buildings removal
be and the same are hereby order-
ed and constructed by this Council
upon its own motion and with or
without the petition of property
owners. All the work shall be con-
structed in accordance with the
plans and specifications hereto-
fore adopted and now on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for
from the R.U.T. Fund, after the
work has been completed and ac.
cepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 60 working days after
notice to proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 6th day of May, 1974.
Allan T. Thorns
Mayor
Emil Stackis
Alvin E. Lundb
Councilmen
Regular Session, May 6, 1974 255
Ate: ed on file with the City Clerk this
1st day of April, 1974.
Leo F. Frommelt
City Clerk RECORD OF FINAL ADOPTION
Mayor Thorns moved adoption of The foregoing resolution was
the resolution. Seconded by Coun- finally passed and adopted, as pro-
cilman Lundh. Carried by the fol- posed, upon motion of reeondd-
lowing vote: eration by the City Council this 6th
Yeas—Mayor Thoma, Councilmen day of May, 1974.
Lundh, Stackis. Allan T. Thoms
Nays—Councilmen Brady, Just- Mayor
Emil Stackis
mann. Alvin E. Lundh
Councilmen
(Necessity for Improvement)
RESOLUTION NO. 108.74 Attest:
WIU=AS, proposed plans, LeO F. Frommelt
specifications, form of contract, City Clerk
plat and schedule have been duly Mayor Thoms moved final adop-
prepared and approved by the City tion of the resolution. Seconded
Council of the City of Dubuque by Councilman Lundh. Carried by
and are now on file in the office the following vote:
of the City Clerk showing among yeas—Mayor Thorns, Councilmen
other things the following: Lundh, Stackis.
1 The streets to be improved. Nays --Councilmen Brady, Just -
2. The width of such improve- mann.
ment, and the size and kind of Decision of Council upon objee-
sewers. tions to plans, specifications,
3. An estimate of the cost of the form of contract end cost of im-
proposed improvement, stating provenonts.
the same for each different type
of construction and kind of RESOLUTION NO. 172.74
material to be used. WHEREAS, proposed plana and
The City of Dubuque 1974 Con- specifications and form of contract
trete Paving with Integral Curb for the City of Dubuque 1974 Con -
Project No. 1 Tenth Street from trete Paving with Integral Curb
Locust Street to Bluff Street and Project No. 1. Tenth Street from
intersection of 9th and Bluff Locust Street to Bluff Street and
Streets. Contract No. 1, Traffic Sig- interestction of 9th and Bluff
nals and Signing. Streets. Contract No. 1, Traffic
BE IT THEREFORE RESOLVED Signals and Signing have been
that the City Council on its own approved by the City Council of
motion or upon petition of proper- the City of Dubuque and public
ty owners, deems it advisable and notice given as provided by Chap -
necessary for the public welfare ter 23 of the Code of Iowa, 1973,
to make the herein mentioned im- pertaining to public contracts and
provement, and: unless property bonds, and the time and place
owners at the time of the final con- fixed for the hearing of all objec-
sideration of this proposed resolu- tions to said plans, specifications
tion have on file with the City or contract for or cost of such im-
Clerk objections they shall be provements, said time being this
deemed to have waived all ob. 6th day of May, 1974; and
jections thereto. WHEREAS, the City Council met
Said improvements shall be con- in regular session this 6th day of
structed and done in accordance May, 1974, at 7:30 o'clock P.M.
with the plans and specifications at the Council Chambers in the
which have been prepared there- City Hall for the purpose of hear -
fore by the City Engineer which ing all interested parties and con -
have been approved by the City sidering any and all objections
Council and are now on file with which have been filed to the pro -
the City Clerk. That the cost and posed plans, specifications or con -
expense of making said improve. tract for or cost of the improve-
ment will be paid out of the R.U.T. ment 'herein described and pro -
Fund, posed to be made; and
The above resolution was intra wiiEREAS, all interested parties
duced, approved and ordered plat- have been given an opportunity
260 Regular Session, May 6, 1974
to be heard and all objections
which have been duly weighed and
considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have
been made and filed to the plans,
specifications, contract for or cost
of said improvement herein de-
scribed and proposed to be made,
be and the same hereby overruled
and such plans, specifications and
form of contract heretofore ap-
proved are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement
he made a matter of permanent
record in connection with said im-
provement.
Passed, adopted and approved
this 6th day of May, 1974.
Allan T. Thorns
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Thorns, Councilmen
Lundh, Stackis.
Nays—Councilmen Brady, Just -
mann.
(Ordering Construction)
RESOLUTION NO. 173-74
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant to a resolu-
tion of necessity No. 108-74 which
was duly passed by this Council,
for the City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 1. Tenth Street from
Locust Street to Bluff Street and
intersection of 9th and Bluff
Streets. Contract No. 1, Traffic Sig-
nals and Signing be and the same
are hereby ordered and construct-
ed by this Council upon its own
'notion and with or without the
Petition of property owners. All the
work shall be constructed in ac-
cordance with the plans and speci-
fications heretofore adopted and
now on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for
from the R.U.T. Fund, after the
work has been completed and as
cepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to
advertise for proposals for the con.
struction of the various improve.
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 60 working days after
notice to proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 6th day of May, 1974.
Allan T. Thorns
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Thorns, Councilmen
Lundh, Stackis.
Nays—Councilmen Brady, Just -
mann.
Communication of Gent M. Wit-
tenberg advising that Robert Hamp-
ton will be present at the meet-
ing to discuss the current status
of the proposed downtown Ramada
Inn, presented and read. Mr. Hamp-
ton addressed the Council stating
he is unable to secure financing
at the present time. Plans are close
to completion, just waiting for
money in the amount of two mil-
lion fifty thousand dollars. COun-
cilman Stackis moved Mr. Hamp-
ton be granted an extension of 90
days. Seconded by Mayor Thorns.
Carried by the following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Communication of Playground
and Recreation Commission sub-
Regular Session, May 6, 1974 201
mitting minutes of their meetings
of April 8th and April 16th, pre-
sented and read. Councilman Lundh
moved the communication be re-
ceived and filed. Seconded by Coun-
cilman Stackis, Carried by the fol-
lowing vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Communication of U.S. Army
Corps of Engineers advising of
meeting date changes relative to
the twelve foot channel, May 8th
at Quincy. Illinois, and May 9th
at Davenport, Iowa, presented and
read. Councilman Stackis moved
the communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
April 24, 1974
Mayor Allan T. Thoms
Dear Mayor Thoms:
Please accept this letter as my
resignation as one of the City of
Dubuque's representatives on the
Northeast Iowa Area Crime Com.
mission.
It's with a great deal of reluct-
ance I do this, but because of the
press of other business and other
activities I am in, I find it is
necessary to do so.
I've enjoyed it very much and
find it a privilege to have served
in this capacity.
David L. Clemens
Councilman Brady moved that
the communication be received and
filed and made a matter of record
and the resignation be accepted
with regret. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Mayor Thoms moved that Gret.
chen Walsh be appointed as a regu•
lar member of the Northeast Crime
Commission. Seconded by Council.
man Brady. Carried by the follow
ing vote:
Yeas—Mayor Thoms, Councilmer
Brady, Justmann, Lundh, Stackis
Nays—None,
Communication of Mrs. Aller
Hedrick expressing appreciation fol
the recent passage of the noise
Ordinance, presented and read.
Councilman Stackis moved the
communication be received and
filed. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
May 2, 1974
To the Honorable Mayor
and City Council
I have attached a copy of a no-
tice of hearing received from the
Bureau of Sport Fisheries and
Wildlife.
A hearing will be held at 7:30
P.M., Wednesday, May 8, at Hemp-
stead High School Auditorium.
The purpose of the hearing is to
present survey results and receive
information from the public with
regard to a Wilderness Study con-
ducted within the Upper Missis-
sippi Wild Life and Fish Refuge.
By Congretional Act, Septem-
ber 3, 1964, every roadless area
of 5000 contiguous acres or more
and every roadless island regard-
less of size within the National
Wild Life Refuge System must be
surveyed, and, within ten years
from the date of the act, reported
to the President as to the suitabil-
ity for preservation as wilderness.
An act of Congress is necessary to
reserve an area as wilderness. The
wilderness designation does not
remove or alter an area's status as
a National Wild Life Refuge.
A wilderness study has been
made of the Upper Mississippi
River Wild Life and Fish Refuge.
The refuge was established by
Congress June 7, 1924 for the prin-
cipal purpose of providing a mi-
gration habitat for waterfowl. It
is 195,000 acres confined almost
exclusively to the flood plain of
the River from Wabasha, Minnesota
to Rock Island, Illinois.
I have reviewed a short "Sum-
mary" of the Upper Mississippi
River Wilderness Study and phoned
Mr. Les Dundas, Wilderness Spe-
cialist, Fish and Wild Life Service,
Twin Cities, Minnesota. I report
this limited information.
The study encompassed the en-
tire 195,000 acres of the refuge.
As I understand it all non -terres-
trial habitats, about 140,000 acres,
were eliminated as a wilderness
possibility because of navigational
262 Regular Session, May & 1974
rights. Some 44,000 acres of four-
teen closed areas for migrant ducks
are water and marsh situations
and were included in the acreage
unsuitable for wilderness. Also,
access areas, dikes, water impound-
ments, spoil sites and islands with
roads or railroads were eliminated.
The finding of the wilderness
study is that, the area of the Upper
Mississippi River Wild Life and
Fish Refuge is unsuitable for
wilderness. In spite of this, if the
patterns of spoil deposits of ma-
terial dredged from the channel
for navigation maintenance were
changed, some 45,000 acres of land
showing wilderness characteristics
would be more eligible for admis-
sion to the wilderness system.
In my phone conversation with
Mr. Dundas it was indicated that a
Wilderness designation means an
area reserved for wilderness with
land management options greatly
curtailed. For example, no permits
could be issued for farming or
utility installations. Such permits
can be issued in a wild life refuge.
He also indicated that if dredg-
ing were improved some islands
might meet the wilderness criteria.
In Pool 11, at river mile 593%-595.
599, 601-603; in Pool 12, near Belle-
vue, at river mile 559',/2-562-565.
He did not state the size of the
area involved.
Mr. Dundas seemed to indicate
that by not recommending any
wilderness areas, and because of I
the dredging situation, the matter
was being passed to Congress to ,
decide between wilderness and
dredging.
Mr. Dundas explained that charts
and more information would be
presented at the hearing. IIe also ,
said that he and the hearing officer
would arrive at the Holiday Inn at
about 1:00 p.m. and would be avail.
able to us during the afternoon.
Written statements for inclusion
in the Official Wilderness Record .
can be presented at the hearing or j
mailed to the regional director be-
fore June 14th.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved the
communisation be received and
filed. Seconded by Councilman
Stackis. Carried by the following I
vote: I
Yeas—Mayor Thorns, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
May 2, 1974
To the Honorable Mayor and
Members of the City Council
I have approved the following
bonds and policies and desire to
have your approval of same sub-
ject to approval of the City Solici.
tor.
SIDEWALK CONSTRUCTION
BOND
Edward Apel -Midwestern Cas-
ualty & Surety Co, Bond. No, 29418
dated April 29, 1974.
Kenneth Schromen-The Ohio Cas-
ualty Insurance Co. Bond No.
6149&9 June 1, 1975.
GENERAL LIABILITY POLICY
Dubuque Stone Products Co. -Bi.
tuminous Fire & Marine Insurance
Co. Policy No. GA 738596, from
January 3, 1974 to January 3, 1975,
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved fil•
ing be approved subject to ap-
proval of the City Attorney. Sec-
onded by Mayor Thorns, Carried
by the following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Notice of Claim of Mrs. Earl W.
Kortmeyer in an undetermined
amount for personal injuries re-
ceived as the result of a fall on a
defective sidewalk at. 9th & locust
Street on April 17, 1974, presented
and read. Councilman Justmann
moved the notice be referred to
the City Solicitor. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Notice of Claim of Mrs. Dorothy
Dutton, filed by Dennis E. Rober.
son, Attorney, in the amout of
$712.98 for personal injuries re-
ceived by Mrs. Dutton as the result
of a fall at the alley on 9th Street
between Main & Iowa, due to icy
conditions, on November 9, 1973,
presented and read. Councilman
Justmann moved the notice be re-
ferred to the City Solicitor. Second.
ed by Councilman Lundh. Carried
by the following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Regular Session, May 6, 1974 263
Nays--None-
Petition of DAV Auxiliaryscion Com-
mittee to
requesting pe
sell forget-me-not,; on July 26th
and 27th, presented and read.
Councilman Justmann moved the
petition be approved and referred
to the City Manager for implemen
tation. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Petition of Dubuque Downtown
Association requesting permission
to conduct their annual garage sale
event on Saturday May 18th. pre-
sented and read. Councilman Just -
mann moved the petition be ap-
proved and referred to the City
Manager for implementation. Sec.
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays --None.
Petition of Robert T. and DOM
thy Gibbs requesting rezoning of
Lot 1 in Wiegands Sub. from Sin-
gle Family to Multiple Residence
Classification with scupltor's studio
use, presented and read. Council-
man Lundh moved the petition
be referred to Planning and Zoning
Commission. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas.—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis,
Nays—None.
Petition of Peoples Natural Gas
Co. requesting permission to ex-
cavate at 910 W. 5th Street to re-
pair service line, presented and
read. Mayor Thorns moved the
petition be granted. Seconded by
Councilman Stackis, Carried by the
following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Petition of Paul W. Gruber et
al requesting the Council to take
appropriate action to rebuild the
steps between Cooper Heights and
W. 5th Street, presented and read.
Councilman Stackis moved to sus-
pend the rules to let anyone pres-
ent address the Council if they so
desired. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Paul Gruber addressed the Coun-
cil in behalf of his petition. Coun.
cilman Justmann moved Mr. Grub-
er's petition be received and filed
and referred to the City Manager.
Seconded by Councilman Lundh.
Carried by the following vote:
Year—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
May 1, 1974
Honorable Mayor and Councilmen
The petition of the Deluxe Motel,
Incorporated for annexation of Lot
2 of Lot 2 of Lot 1 of "Deluxe
Cottage Court" and Lot 2 of Lot I
of Lot 1 of Lot 1 of Lot 1 of
George Jecklin Farm has been re-
ferred to this office for investiga-
tion and report.
The staff has reviewed the peti-
tion and has found that the. prop-
erties described are surrounded
by incorporated territory of the
City of Dubuque and had been
omitted from earlier voluntary an-
nexations in that area. Due to :the
relatively minor nature of the mat-
ter as presented in the petition, and
because of the press of time, we
have elected to return our favor.
able staff recommendation to you
rather than submit the matter to
Commission review. We trust that
this will satisfy the purposes of
the referral.
Daniel Dittemore
Development Planner
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
RESOLUTION NO. 174.74
WHF.RF.AS, the owners of an
area immediately adjoining the
westerly City Limits of the City
of Dubuque, Iowa, have petitioned
the City Council to be voluntarily
annexed to the City of Dubuque,
Iowa; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure the benefits of City Govern-
ment in the way of police and fire
protection if said territory is in-
corporated within the City Limits
of the City of Dubuque, Iowa; and
264 Regular Session, May 6, 1974
WHEREAS, the inhabitants of
said territory will be enabled to
secure water, and other municipal
services if said territory is in.
corporated within the City Limits
of the City of Dubuque, Iowa; and
WHEREAS, Section 362.30, 1973
Code of Iowa, authorizes the exten.
sion of City Limits in situations
of this character by the adoption
of a resolution therefor; and
WHEREAS, the future growth
development and preservation of
the public health of the City of
Dubuque. Iowa, makes it im-
perative that said territory be
;made a part of the City of Du-
buque, Iowa;
NOW THEREFORE BE IT RFS
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the territorial
limits of the City} of Dubuque,
Iowa, be and they are hereby ex-
tended to Include the area com-
prising the following described
real estate:
Lot 2 of Lot 2 of Lot I of "De -
Luxe Cottage Court" 0.193
acres and Lot 2 of Lot 1 of Lot
1 of Lot 1 of Lot 1 of George
Jecklin Farm, 2.245 acres Du-
buque County, Iowa, according
to recorded plat thereof.
Copy of which plat is attached
hereto and by reference made a
part hereof, the boundaries of said
area being outlined in red thereon.
Section 2. That the City Clerk
be and he is hereby authorized and
directed to record a certified copy
of this Resolution together with
the plat attached thereto in the
office of the recorder in and for
Dubuque County, Iowa,
Section 3. That said territory be
and the same shall be in and be-
come part of the Thirteenth vot-
ing precinct of Dubuque, Iowa.
Passed, approved and adopted
this 6th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justman
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays None.
April 18, 1974
Honorable Mayor and Councilmen
The City of Dubuque Planning
and Zoning Commission has re.
viewed the final plat of Block 8,
Block 9, and Block 10 of Mettel-
Bryne Addition in the City of Du.
buque, Iowa.
The Commission has determined
that the final plat conforms to the
approved preliminary plat of the
Subdivision and meets all stand•
ards of the Zoning and Subdivision
Ordinances. The Commission has
also noted that the City Engineer
has approved plans for subdivision
improvements. It is the recom-
mendation of the Planning and
Zoning Commission that the final
plat be approved.
CITY PLANNING AND ZONING
COMMISSION
Daniel: Dittemore
Development Planner
Mayor Thorns moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas—Mayor Thorns, Councilmen
Brady, Justmann, Lundh, Stackis,
Nays—None.
RESOLUTION NO. 175.74
Resolution approving the plat of
Block 8, Block 9 and Block 10 in
Mettel-Byrne Addition in the City
of Dubuque, Iowa
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Block
8, Block 9 and Block 10 in Mettel-
Byrne Addition in the City of Du-
buque, Iowa, by Mettel Realty & In-
vestment Co.; and
WHEREAS, upon said plat appear
streets to be known as Aurora Street
and Admiral Street, together with
certain public utility easements
which the Owners by said plat have
dedicated to the public forever; and
WHEREAS, said plat has been
examined by the City Planning and
Zoning Commission and had its ap-
proval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms to
statutes and ordinances relating
Regular Session, May 6, 1974 265
thereto, except that street grades
have not been established, the
streets brought to grade, or paving,
sewer or water installed;
NOW THEREFORE, BE IT RE -
CITY COUNCIL
OFTHECITY
VED B E OF DUBQUE
IOWA:
Section 1. That the dedications of
Aurora Street and Admiral Street
together with the easements for
public utilities as the same appear
upon said plat, be and the same are
hereby accepted;
Section 2. That the plat of Block
8, Block 9 and Block 10 in Mettel-
Byrne Addition in the City of Du-
buque, Iowa, be and the same is
hereby approved and the Mayor and
City Clerk are hereby authorized
and directed to endorse the appro-
val of the City of Dubuque, Iowa,
upon said plat, provided the owners
of said property herein named, exe-
cute their written acceptance here-
to attached agreeing:
a. To reduce all streets to grade
and to construct concrete curb and
gutter and to hard surface Aurora
Street and Admiral Street with bi-
tuminous concrete, or with con-
crete paving with integral curb, all
in accordance with City of Du-
buque standard specifications;
b. To install sanitary sewer mains
and sewer service laterals in accor-
dance with plans submitted with
the plat;
e. To install water mains and wa-
ter service laterals in accordance
with plans submitted with the plat;
d. To install storm sewers and
eatchbasins in accordance with
plans submitted with the plat;
e. To install concrete sidewalks
as required by Ordinances, and
where directed by the City Engineer
and the City Manager;
f. To construct the foregoing im-
provements in accordance with
Plans and specifications approved
by the City Manager, under the in-
spection of the City Engineer, and
in a manner approved by the City
Manager;
g. To maintain the foregoing im•
provements for a period of four (4;
years from the date of their accep
Lance by the City of Dubuque, Iowa:
'h. To provide the foregoing con
struetion and maintenance at the
sole expense of the Subdivider, Met
tel Realty & Investment Co., as own
er;
L To construct said improve.
ments, except sidewalks, prior to
April 22, 1976, and to construct the
sidewalks prior to April 22, 1978;
and further provided that said Met -
tel Realty & Investment Co., as own-
er of said Subdivision, secure the
performance of the foregoing con.
ditions by providing security in
such form and with such sureties
as may be acceptable to the City
Manager.
Section 3. That in the event Met -
tel Realty & Investment Co., shall
fail to execute the acceptance and
furnish the security provided for
in Section 2 hereof within 45 days
after the date of this Resolution, the
provisions hereof shall be null and
void and the acceptance of the de-
dication and approval of the plat
shall not be effective.
PASSED, ADOPTED AND AP-
PROVED by unanimous recorded
roll call this 6th day of May, A.D.,
1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
ACCEFTANCE OF
RESOLUTION NO. 17574
We, the undersigned Mettel Real-
ty & Investment Co. having read
the terms and conditions of the fore.
going Resolution No. 175-74 and be-
ing familiar with the conditions
thereof, hereby accept the same and
agree to perform the conditions re-
quired therein.
Dated at Dubuque, Iowa, this 9th
day of May, 1974 MET'lEL REAIf
TY & INVESTMENT CO.
by C. E. Mettel, President and
Lorraine Klumpp, Vice -Pres.
TO:
Leo F. Fronunelt
City Clerk.
This is to certify that the se-
curity provided by the foregoing
RESOLUTION NO. 175-74 has been
furnished by the owners.
Dated at Dubuque, Iowa, this 3rd
day of June, 1974.
/a/Gilbert D. Chavenelle
City Manager
266 Regular Session, May 6, 1974
RESOLUTION NO. 176.74
Resolution approving Vacation
plat of 10' Utility Easement in
Lots 13 and 1-14 in West Side
Manor Subdivision in the City
of Dubuque, Iowa
WHEREAS, there has been filed
with the City Clerk of Dubuque,
Iowa, a vacation plat of a 10'
utility easement in Lots 13 and 1-
14 in West Side Manor Subdivision
in the City of Dubuque, Iowa; and
WHEREAS, said vacation plat
has been examined by the City
Council and they find same con-
forms to the statutes and ordin.
nances relating thereto;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the above de-
scribed vacation plat be and the
same is hereby approved and the
Mayor and Clerk be and they are
hereby authorized and directed to
endorse the approval of the City
upon said vacation plat.
Passed, adopted and approved
this 6th day of May, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Abstain — Councilman Lundh.
May 2, 1974
To the Honorable Mayor
and City Council
Attached is a Memorandum of
Agreement arrived at by the City
Manager's Office and the Transit
Board of Trustees for the City of
Dubuque and the Amalgamated
Transit Union, Division 329, AFI,
CIO, representing bus operators in
the City transit department.
Listed below are some of the
major highlights of the Agree-
ment:
—Wage rate increase to $4.30
per hour for journeyman bus
operator.
—Extension of longevity pay to
this group at the rate of one (1)
percent of base rate for each six
(6) years of continuous service.
—Improved vacation schedule.
—Additional holiday to equal
number of holidays given other
City employees.
—Extension of new and im•
proved insurance programs af.
forded other City employees.
Respectfully request your af.
firmation of this Agreement by
adopting the attached resolution.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved the
communication be received and
filed. Seconded by Councilman Bra-
dy. Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 177.74
WHEREAS, the City of Dubuque,
Iowa through its City Manager and
Transit Board of Trustees has been
negotiating an agreement relating
to wages and working conditions
and other employee benefits with
the Amalgamated Transit Union,
Division 329, AFI. -CIO; and
WHEREAS, the parties have
reached a stage in said negotia-
tions where a Memorandum of
Agreement among the parties is to
be executed; and
WHEREAS, the City Manager
and the Transit Board of Trustees
of the City of Dubuque, Iowa have
executed said Memorandum of
Agreement on behalf of the City
of Dubuque, Iowa and such signing
of said Agreement should be rati-
fied and confirmed;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the signing of
the Memorandum of Agreement by
and between City Manager and
Transit Board of Trustees for the
City of Dubuque, Iowa and the
Amalgamated Transit Union, Divi-
sion 329, AFL-CIO be and the
same is hereby approved, ratified
and confirmed.
Passed, approved and adopted
this 6th day of May, 1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Regiflar Session, May 6, 1974 267
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
May 3, 1974
To the Honorable Mayor
and City Council
Highway z20 at Grandview
U.S.U.
Avenue Resignalization Project
Concerning the above project
which was approved by the council
on April 29, 1974, as part of the
1974 Concrete Paving Project &2,
we should return two copies of the
attached agreement to the Iowa
State Highway Commission by May
10, 1974, for commission approval.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 178.74
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That the Mayor and City Clerk
be and they are hereby authorized
and directed to execute agreements
dated 6th of May, 1974 with Iowa
State Highway Commission, a copy
of which Agreements are attached,
respecting the financing, planning,
establishment, improvement, main-
tenance, use on regulation of pub-
lic improvement in their respec-
tive jurisdiction, and it is the
judgement of the parties that traf-
fic signals be installed, in ac-
cordance with the fiscal 1974 Co-
operative City Traffic Signal Pro-
gram, at the intersection of U.S.
Highway #20 and Grandview Ave.
Passed, approved and adopted
this 6th day of May, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Lundh. Carried by the fol
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 3, 1974
To the Honorable Mayor
and City Council
This is to advise you that the
Sanitary Sewer constructed in East
4th Street Extension, a distance of
1,280 feet, has been substantially
completed in accordance with
plans and specifications by
Tschiggfrie Excavating of Du-
buque, Iowa.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Final Estimate
RESOLUTION NO. 179.74
WHEREAS, the contract for the
construction of EAST 4th STREET
EXTENSION SANITARY SEWER
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates,
notices, inspection, and preparing
the assessment and plat, now there-
fore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve
ment is hereby determined to be
$16,309.02.
That $12,069.81 of the cost there-
of shall be assessable upon private
property and $4,239.21 shall be
paid from the sanitation Fund of
the City of Dubuque.
Passed, adopted and approved
this 6th day of May, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
26S Regular Session, May 6, 11,974
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -- None.
(A Resolution Accepting
Improvement and Directing the
Clerk to Publish Notice.)
RESOLUTION NO. 180-74
WHEREAS, 1he contract for the
construction of EAST 4th STREET
EXTENSION SANITARY SEWER
has been completed and the City
Manager has examined the work
and filed his certificate stating
that the same has been completed
according to the terms of the con-
tract., plans and specifications and
recommends its acceptance, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted and the City
Engineer be and is hereby directed
to prepare a plat and schedule
showing the lots or parcels of real
estate subject to assessment for
said improvement and file the
same in the office of the City Clerk
subject to public inspection and
said Clerk shall upon receipt of
such plat and schedule publish the
notice of the Council's intention
to levy special assessments there.
for, as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of sewer
bonds issued upon the above de-
scribed improvement in amount
equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 6th day of May, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert JUSLmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun
cilman Stackis, Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh.
Stackis.
Nays — None.
RESOLUTION NO. 182.74
WHEREAS, applications for Liq
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RF,
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License,
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
D.B.Q. Inc., dba Shot Toner Inn,
(and Sunday Sales), 390 Locust
Street
John F. Hall, dba Bar X (and Sun-
day Sales), 2616 Windsor Avenue
Passed, adopted and approved
this 6th day of May, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded b�
Mayor Thorns. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 181.74
WHEREAS, applications for liq.
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RD
SOLVED by the City Council of
the City of Dubuque, Iowa, that the
Regular Session, May 6, 1974 269
following applications be approved
and licenses issued upon the com-
pliance with the provisions of
Chapter 131, Acts of the First Reg-
ular Session, 64th General Assem.
bly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
D.B.Q. Inc., dba Shot Tower Inn,
(and Sunday Sales), 390 Locust
Street
John F. Hall, dba Bar X, (and Sun-
day Sales), 2616 Windsor Avenue
Passed, adopted and approved
this 6th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thorns. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -- None.
RESOLUTION NO. 183.74
WHEREAS, City of Dubuque.
Iowa and the Chicago, Milwaukee,
St. Paul and Pacific Railroad Com-
pany entered into an Agreement
on November 4, 1968, covering the
terms and provisions of the de-
velopment of railroad service in
the Industrial Park in the City of
Dubuque, Iowa as related to the
Marill Chemical Company area;
and
WIiEREAS, it has been deter-
mined and based upon the actual
experience in usage that said
Agreement should be replaced by
a new Agreement; and
WHEREAS, a new Agreement by
and between City of Dubuque, Iowa
and Chicago, Milwaukee, St. Paul
and Pacific Railroad Company, a
copy of which ii hereto attached
and by reference made a part
hereof, which in substance cuts
the track area approximately in
half and totally eliminating the
tract and easement therefor in the
vicinity of the real estate proposed
to be sold to Wm. C. Brown Com-
pany Publishers same should be
approved:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Agreement
by and between the City of Du-
buque, Iowa and Chicago, Milwau-
kee, St. Paul and Pacific Railroad
Company transmitted by letter of
transmittal from said Railroad
Company dated April 1, 1974, a
copy of which is hereto attached
marked Exhibit "A" and by refer-
ence made a part, hereof be and
the same is hereby approved.
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
said Agreement for and on behalf
of the City of Dubuque, Iowa and
that same be transmitted forthwith
to the City Attorney for trans-
mittal to the said Railroad Com-
pany for the execution by the
Railroad Company.
Passed, approved and adopted
this 6th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt.
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Lundh moved to
adopt the concept of the Mayor's
Industrial Advisory Committee con-
sisting of the Mayor, City Manager,
Industrial Bureau Manager, Dock
Commission Chairman, representa-
tive of Labor, and the Environmen-
tal Movement, Planning & Zoning
Commission Chairman, City Coun-
cilmen, and the Chairman of the
Board of Supervisors. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Mayor Thoms
to the Governor requesting veto of
270 Regular Session, May 6, 1974
Senate File 321 to exempt property
tax facilities used to control air
and water pollution, presented and
read. Councilman Justmann moved
the communication be approved.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Justmann moved the
City Solicitor be authorized to
represent the City in the American
Legion beer -liquor license appeal
to be held in Des Moines. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Nays — Councilman Stackis.
Mayor Thorns moved the Chief
of Police and Mayor be authorized
to negotiate operational and pro-
cedural details with the State and
County relative to a proposed Mini -
Alcohol Safety Action Program
(ASAP). Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Brady moved that
the Engineering Department and
Street Departments be instructed
to proceeed immediately with the
stripping and markings on the
University Ave., Loras Blvd., and
Asbury Rd. confluence, to so clar•
ify and identify the intent of the
four lane traffic that is in effect
at present, Seconded by Council.
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays -- None.
Councilman Brady moved that
the City Manager and Engineering
Department begin immediate in.
vestigation of the completion of
sidewalks on J. F. K. Road on the
west side of the street from Penn.
sylvania Ave. to the Mall entrance
south of Stoneman Road, and re-
port back to the Council in the
near future. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
At 10:20 P.M. Mayor Thorns
moved for Council to go into Exe-
cutive Session to consider appoint.
ment to Boards and Commissions.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Council reconvened at 10:31 P.M.
Mayor Thorns moved to appoint
Jerry Kopesckie to the Airport
Commission to fill the unexpired
term of Wm. Clemens. Seconded
by Councilman Lundh. Carried by
the following vote:
Was — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
There being no further business,
Mayor Thorns moved to adjourn.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Leo F. Frommelt
City Clerk
Approved September 14974
Adopted Stgmber 0 1974
.............
Mayor
S T
Special Session, May 13, 1974 271
CITY COUNCIL
OFFICIAL
Special Session, May 13, 1974.
Council met at 7:30 P.M (C.D.T.)
Present — may., Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of acting
upon such business as may proper-
ly come before this meeting.
Mayor Thoms submitted a verbal
report on his trip to Charleston,
South Carolina, and presented the
City with a flag and literature
about Charleston. Councilman
Justmann moved the literature and
flag be received and filed. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Interstate
Power Company submitting notice
of electric service rate change ef-
fective May 31, 1974, presented and
read. Mayor Thoms moved the
communication be received and
filed and referred to the City At-
torney. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas ra Justmann, Lundh,
Council-
men Bradyy,,
Stackis.
Nays — None.
Communication of Iowa State
Highway Commission submitting
proposed rules relating to reloca-
tion Assistance to all County Au-
ditors and City Clerks in the ac-
quisition of properly, presented
and read. Councilman Lundh
moved the communication be re-
ceived and filed and referred to
the City Manager. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh
Stackis.
Nays — None.
Communication of Delos A. Dor
Weiler, resisting the complete de
struetion of Lot 10 Block 3 o
Mettel Link Sub. in value, if it is
being considered in the proposed
widening of J. F. K. Road, present-
ed and read. Councilman Justmann
moved the communication be re-
ceived and filed and referred to
the City Manager. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Iowa Depart-
ment of Environmental Quality ap-
proving the sanitary and functional
features of water main extension
on Dana & Delmonaco Drives,
Westchester Subdivision, presented
and read. Mayor Thoms moved the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Dubuque Am-
bassadors requesting the Council
to act on a resolution designating
their organization as sponsors of
a Dubuque entry in the Iowa Com-
munity Betterment program for
1974, presented and read. Council-
man Stackis moved to suspend the
rules co let anyone present address
the Council if they so desire. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas -- Mayor Thoms, Council-
man Brady, Justmann, Lundh,
Stackis.
Nays — None.
Robert Dorothy and George Den-
inger spoke on behalf of the Du-
buque Ambassadors and explained
to the Council the functions of
their organization. They also asked
that a city official be designated
as a member. C. Robert Justmann
was appointed a full and active
member of the Ambassadors. Coun-
cilman Lundh moved adoption of
the resolution and invited the Am-
bassadors to come back at a later
meeting when they have picked a
project. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas -- Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
f Nays — None.
272 Special Session, May 13, 1974
1974 Iowa Community
Betterment Program
ENTRY RESOLUTION
Due May 1, 1974
The City Council responsible for
the affairs of Dubuque, Dubuque
County, Iowa, hereby resolves to
endorse the Dubuque Ambassadors
as the sponsoring organization for
the City of Dubuque, Iowa, in the
Iowa Community Program and au-
thorizes it to enter the Community
Awards Competition on behalf of
the community.
This official body also hereby
designates one of its members,
C. Robert Justmann, as a full and
active member of the Dubuque
Ambassadors to serve as the offi-
cial liaison of this body with the
Dubuque Ambassadors.
Passed and adopted this 13th
day of May, 1974.
Signed,
Allan T. Thoms
Mayor
Attest:
Leo F. Frommelt
City Clerk
CERTIFICATION
I, Leo F. Frommelt, City Clerk
of the City of Dubuque, Iowa, do
hereby certify that the above and
foregoing is a true and correct
copy of the resolution passed and
adopted by the City Council of
Dubuque, Iowa, on the 13th day
of May, 1974,
Signed
Leo F. Frommelt
City Clerk
Communication of Peoples Nat-
ural Gas submitting revisions to
its current late payment penalty
procedure to comply with recent
Iowa Commerce Commission order,
presented and read. Councilman
Lundh moved the communication
be received and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 10, 1974
Honorable Mayor and
City Council
I am returning to you the peti-
tion of Barb Wuelling about the
38 MPH speed limit at Hempstead
High School.
1 am enclosing a letter from
Chief O'Brien which explains the
history of traffic regulations in the
area and the patrol we carry out
at heavy school traffic hours.
Because of our control activities
1 do not recommend that the speed
regulation be changed.
Gilbert D. Chavenelle
City Manager
Councilman Lundl► moved the
communication be received and
filed. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thoms, Couneil.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 9, 1974
Honorable Mayor and
City Council
I submit to you a copy of a
contract with Spectra Associates
Incorporated which I have re-
veiwed and signed. I request your
approval of my action.
I signed the contract so that it
could be presented at a May 8th
N.E. Iowa Area Crime Commission
meeting as a solicitation for avail-
able federal assistance funds to
pay part of the cost of communica-
tions equipment for the County -
City Law Enforcement Center.
The contract is for the service
of design checking our police radio
network, the sheriff's network and
specifying the communication and
recording equipment needed at the
Law Enforcement Center. The
work must be dune promptly and
has been so scheduled. The con-
tract is based on a cast of services
rendered, not to exceed a price
limit of $3,700.00. It is expected
that the county will share a por-
tion of the cost.
Over the past weeks I have met
with Chief O'Brien, Sheriff Mur-
phy, and the County Supervisors
about the communication equip-
ment for the Law Enforcement
Center. We attempted to solve the
problem by reviewing the proposal
of an equipment manufacturer.
This method has proved inadequate
because we could not determine
our needs, nor could material spe-
cifications be developed for bid-
ding. We are mindful that we have
reached the time for going ahead,
since the building will be available
by the end of August and it will
take about this time to receive the
radio equipment. We believe that
the Spectra contract represents a
Special Session, May 1.3, 1974 2i3
proficient way of getting the job
done.
1 would like you also to know
that about a year ago I allocated
a reserve of $50.000.00 for the
purpose of moving into the Law
Enforcement Center: for moving
expense, for furniture and for
communication equipment. At a
later time, when estimates are
available, I will ask you to make
the proper appropriations to the
budget. It is this source of money
which I will use to pay the city
share of the Spectra contract.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved the
communication he received and
filed and agreement approved.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 10, 1974
Honorable Mayor and
Members of the City Council
Please be advised that I have
approved the Sidewalk Construc-
tion bond of Cletus Palm and de-
sire to have your approval of same
subject to approval of the City
Solicitor. Bond No. 29422, Mid-
western Casualty & Surety Co.,
dated May 6, 1974.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved filing ap-
proved subject to the approval of
the City Solicitor. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 10, 1974
Honorable Mayor and
City Council
I return to you a petition about
Sunset Park Circle.
I believe that the requests of
the petition have been essentially
taken care of and that no further
action is necessary.
I attach a copy of Chief O'Brien's
letter indicating that the storm
flow across the street has been
taken care of and that parking has
been removed 30 feet back from
the John F. Kennedy Road inter-
section.
Respectfully,
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays — None.
May 9, 1974
Honorable Mayor and
City Council
The staff has made brief reports
to you during our inspection trips
earlier this year of our interest
in investigating the feasibility of
a multiple -use impoundment struc-
ture on the North Branch of the
Catfish Creek in the vicinity of
the westerly City Limits.
The Soil Conservation Service of
the United States Department of
Agriculture has been instrumental
in efforts to study the feasibility
of this project. Representatives of
the Soil Conservation Service will
be present at your meeting of May
13th. We request an opportunity
to discuss the project with you at
that time and will seek your au-
thorization to make application on
behalf of the City for preliminary
engineering design services as may
be provided by that agency.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
I State Representatives of the Soil
Conservation Commission along
with the local representative ad-
dressed the Council relative to the
proposed lake project on the north
fork of Catfish Creek at the City
limits and beyond, north of Penn-
sylvania Avenue. They discussed
conducting Planning Survey,Contract
Plans, Flood Routing,
Plans, Maps, and Economic Analy-
sis. The Soil Conservation Com
mission could not let the contract.
274 Special Session, May 13, 1974
RESOLUTION NO. 184-74
A resolution approving the con-
cept of certain soil and water
conservation facilities in the we.
tershed of the north fork of Cat-
fish Creek and directing the staff
in cooperation with the Soil Con-
servation Service to develop a de-
tailed program on said facilities.
WHEREAS, the City Council of
the City of Dubuque, Iowa has a
concern for the proper use and de-
velopment of soil and water re-
sources; and
WHEREAS, the City Council of
the City of Dubuque, Iowa is aware
that urban development is proceed-
ing within the watershed area of
the North Branch of the Catfish
Creek; and
WHEREAS, the City Council of
the City of Dubuque, Iowa has re-
ceived a presentation on the project
from the staff and the Soil Conser-
vation Service.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section 1. That the concept of the
project is herewith approved and
the staff and the Soil Conservation
Service are directed to prepare a
plan of operation and complete de-
tailed engineering plans and speci-
fications on the project.
Passed, approved and adopted
this 13th day of May 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second.
ed by Councilman Lundh. Carried
by the following vote:
Was — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Iowa Depart-
ment of Agriculture rescinding
their order of cancellation as is.
sued on December 18, 1973, relative
to contract to inspect Grade "A"
milk under Chapter 192, Code of
Iowa, presented and read. Council-
man Lundh moved the communica-
tion be received and filed and re.
ferred to the City Manager. Second.
ed by Councilman Justmann. Car.
ried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Notice of Appeal of John C. and
Margaret Duffy from the appraisal
and award of damages with respect
to the taking of Eminent Domain
Proceedings on N. 28' of City Lot 89
and the South 23'2" of City Lot 839
and Lot 2 of the N. 11'8" of City Lot
640, damaged in the amount of
$62,000., presented and read. Mayor
Thoms moved the notice be referred
to the City Solicitor. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Notice of suit of Judy A. Kramer
in the amount of $30,000. plus ac-
tual and punitive damages as the re-
sult of seizure of a 1968 Pontiac Ca•
taina on November 26, 1973, by the
City, presented and read. Mayor
Thoms moved the notice be referred
to the City Solicitor for proper in-
vestigation and report. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann. Lundh.
Stackis.
Nays — None.
Notice of claim of Ralph C. Elley
Jr, in the amount of $53.40 for car
damage incurred as the result of
striking a defective manhole cover
in the street at Primrose and Keo-
kuk Street on May 8, 1974, present-
ed and read. Mayor Thoms moved
the notice be referred to the City
Solicitor for proper investigation
and report. Seconded by Council-
man Justmann. Carried by the fol.
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 9, 1974
Hon. Mayor & City Councilmen
On August 17, 1973, City of Du-
buque was served with Original No.
tiee with Petition attached of Doyle
W. Fonley and Marilyn Fonley as
plaintiffs against the Incorporated
City of Dubuque, Iowa as defendant,
filed in the District Court of Iowa
Special Session, May 13, 1974 275
in and for Dubuque C6unty as Law
Number 6874-L; and claiming judg-
ment therein against the City in the
amount of $1405.43, and alleging
said damages arising out of negli-
gence on the part of the City in fail-
ing to provide a filtering device in
manholes in the Valentine and
Cody Street area causing sewer
backup damage to the plaintiffs.
This matter was referred to the
appropriate City agency for the de-
fense thereof and the City Attor-
ney's office was advised on May 1,
1974 that said matter has been set-
tled and disposed of by the carrier
for the City of Dubuque.
Copy of Original Notice with Pe-
tition is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 8, 1974
To the Honorable Mayor and
City Council
An ordinance is presented for
your consideration which will re-
quire vehicles to stop on Washing-
ton Street before entering the East
24th Street intersection.
In support of this proposal, I sub
mit a copy of a letter from Chief
O'Brien and a note from John Grau.
I recommend that the ordinance
be passed.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
the communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 36.74
An ordinance amending Ordi-
nance No. 3349 known as the
"Traffic Code of Dubuque, Iowa"
as amended, by enacting a new
Subsection 20 to Section B of
Schedule III thereof to provide
that northbound and southbound
vehicles on Washington Street
must stop before entering the in-
tersection of East Twenty-fourth
Street and Washington Street,
presented and read.
Councilman Justmann moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Lundli.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Justmann moved that
the rule requiring an Ordinance to
be read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 36.74
AN ORDINANCE AMENDING OR-
DINANCE NO. 33-49 KNOWN AS
THE "TRAFFIC CODE OF DU-
BUQUE, IOWA" AS AMENDED,
BY ENACTING A NEW SUBSEC-
TION 20 TO SECTION B OF SCHE-
DULE III THEREOF TO PROVIDE
THAT NORTHBOUND A N D
SOUTHBOUND VEHICLES ON
WASHINGTON STREET MUST
STOP BEFORE ENTERING THE
INTERSECTION OF EAST TWEN-
TY-FOURTH STREET AN D
WASHINGTON STREET.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 33-49
known at the "Traffic Code of Dubuque,
Iowa" as amended, be and the same is here-
by amended by enacting a new subsection
20 to Section B of Schedule UI thereof as
follows:
"Schedule III
B. Northbound and Southbound ve-
hicles must stop before entering the
intersection of:
20. East Twenty -Fourth and Wash-
ington Strata."
Passed, approved and adopted this 13th
day of May, 1974.
Allan T. Thoma
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 16th day of May
1974.
Leo F. Frommelt
city Clot
It. f-16
276 Special Session, May 13, 1974
Councilman Justmann moved fi-
nal adoption of the resolution. Se-
conded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None,
May 8, 1974
Honorable Mayor and
City Council
The City Council, on April 8,
1974, adopted as a Public Hearing
Ordinance 25-74 for the purpose of
amending the budget as approved
by Ordinance 1-74.
The adoption of Ordinance 25.74
was necessary to provide appropria-
tions for funding projects carried
forward from previous years and
for funding projects undertaken
since certification of the current
budget.
In the publication notifying the
Public of a Public Hearing relative
to the amendments in the budget,
we identified the increased expendi-
tures in the budget for a 12 month
period, January 1, 1974 through De-
cember 31, 1974. The State Comp-
troller's office has notified us that
since our original budget was certi.
fied for the period January 1 1974
to June 30, 1975, that our ptrblic no-
tice should have reflected the
change in proposed expenditures
for this 18 month period rather than
the 12 month period, The State has
recommended, that in consistency
with the Code, we repeal the action
taken by the Council on Apri18 and
republish, hold another Public
Hearing and adopt a new Ordinance.
We are therefore requesting that
You authorize us to proceed with
Publication of the proposed Ordi.
nance, establishment of a date for
a Public Hearing and then your ap.
proval of this Ordinance as present-
ed to you.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded -by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann Lundh,
Stackis. '
Nays — None,
An ORDINANCE amending the
Budget as approved by Ordinance 1-
74 and repealing Ordinance 25.74,
Presented and read. Councilman
Justmann moved that the reading
just had be considered the first
reading of the Ordinance. Seconded
by Mayor Thoms. Carried by the fol.
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Justmann moved that
the rules be suspended requiring an
Ordinance to be read on three se.
parate days. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Justmann moved that
a public hearing be held on the Or.
dinance on June 3rd, at 7:30 P,M,
in the Council Chamber at the City
Hall and that the City Clerk be in.
structed to publish notice of the
hearing in the manner required by
law. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 8, 1974
Honorable Mayor and Councilmen
At your meeting of April 22nd the
Proposed form of ordinance for the
zoning reclassification of property
described as Lot 2 of "Westside Ma.
nor Place" and Lot 13 of Block 4 of
"Westside Manor Subdivision" in
the City of Dubuque, Iewa, was re-
ferred to our offices to be revised
according to your intent to accom-
modate a portion of the petitioner's
original request.
We understood from your discus-
sion of this matter that the Council
desired to hold a public hearing
which could consider commercial
use on a portion of the property as
had been proposed for a donut shop.
The attached Ordinance reflects
that intent by providing for Local
Business "A" District classification
on the southerly 100 feet of the
property and by permitting of`
street parking or professional o
fice development on the remail
der. We trust that this is consis
ent with your intent.
Daniel Dittemore
Development Planner
R. N. Russo
City Solicitor
Special Session, May 13, 1974 277
Mayor Thoms moved the com-
munication be received t mann.
d.
Seconded by Councilman Ju
Carried by the following vote:
yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
AN ORDINANCE amending and
changing ordinance No. 3-34, known
as„ The Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa, so as to change certain pro-
perties hereinafter described from
one zoning classification to an-
other, (Westside Manor Sub.) pre-
sented and read. Mayor Thoms
moved the ordinance be received
and filed. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of J. A. McCallis-
ter attorney for Pat Chew submit-
ting various reasons of objection to
proposals set out by the Planning &
Zoning Commission recommenda-
tion, presented and read. Mayor
Thoms moved the communication
be referred to the City Solicitor for
a report by May 20th. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
AN ORDINANCE amending
Zoning Ordinance No. 3-34 so as to
change the Sly 100' and Nly 100' of
Lot 2 in Westside Manor Place from
Single Family to Local Business "A”
also amend Article IV for all street
parking within the Nly 130.53' of
Sly 230.53' of Lot 2 in Westside Ma-
nor Place, and Lot 13 of Block 4 in
Westside Manor Sub., presented
and read. Mayor Thoms moved the
ordinance be referred to the City
Solicitor for a report by May 20th.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Donald C. Moody et
al (residents of Rosemont Streel
area) objecting to student parking
on the street during school hours
and suggesting the inauguration of
two hour parking, presented end
read. Councilman Lundh moved the
Petition be received and filed and
referred to the City Manager. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoma, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Advisory Commission
requesting authorization of funds
for a survey to gain knowledge con-
cerning attitudes, thinking and
characteristics of the citizens of the
City so that the Commission can
more reliably advise you when call-
ed to do so, presented and read.
Councilman Lundh moved the peti-
tion be referred to the meeting of
May 28th. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Rose Marie Montgomery address-
ed the Council on behalf of the
Girls Recreation Center, also stating
there would be a meeting of the or-
ganization on May 19, 1974, at 2:00
P.M. in the Council Chamber of
City Hall.
May 8, 1974
Honorable Mayor and
City Council
Attached is an application for
grant to the Iowa Crime Commission
for funds to finance the Youth Re.
ferral and Development Program of
the Police Liaison -Youth Services
Project.
In our original applleation, the
City Council approved on March 11,
Youth Services as a participating
referral agency. Since Youth Ser-
vices were recipients of State
funds, the Iowa Crime Commission
questioned the participation of
Youth Services in the Police Liai-
son project. As a result of this
opinion by the Iowa Crime Commis-
sion, we resubmitted, and the
Council approved on April 8, an ap-
plication for funding the activities
only of the PoliceIA&Wn Officer
at, Senior and Hempatead Righ
Schools. This application is now be-
ing processed by the Iowa Crime
Commision.
The attached application for a
County MentalteHealth e trgas
278 Special Session, May 13, 1974
the youth referral agency. The
City of Dubuque would be recipient
of Federal funds and would contract
with the Dubuque County Mental
Health Center on an as need basis
for their services in the Police Liai-
son -Youth Services project.
The total amount of this applica-
tion is $25,332. Of this grant Du-
buque County Mental Health Cen-
ter would provide $3,332.00 of in-
kind match, the City of Dubuque
would provide $2,222.04 as a cash
match and the balance would be
funded through the Iowa Crime
Commission.
Your adoption of the attached re-
solution authorizing the Northeast
Iowa Crime Commission to act in
behalf of the City of Dubuque for
receipt, deposit and disbursal of Fe-
deral funds and your adoption of
the matching resolution stipulating
that the City of Dubuque will fi-
nance in cash $2,222.04 for this pro
gram is recommended.
Francis A. Murray
Assistant City Manager
Councilman Stackis moved the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, I.undh.
Stackis.
Nays — None.
MATCHING RESOLUTION
NO. 185.74
WHEREAS, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it
will provide during the calendar
year of 1974 cash funds for the
following Iowa Crime Commission
projects:
Brief Description of Project: The
purchase of counseling/ therapy
services from the Count; Mental
Health Center.
Amount of Funds Being Pro-
vided: Up to and including, but not
to exceeed 8.78% of total propect
cost.
We further resolve that we will
provide in-kind match during the
calendar year of 1974 for the fol-
lowing projects:
Brief Description of Project;
Type of In -kind --(Salary, Space
etc.); ,
Valuation of In-kind Provided.
Passed this 13th day of May.
1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman I.undh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lu.ndh,
Stackis.
Nays — None.
RESOLUTION NO. 18674
BE IT RESOLVED that the City
of Dubuque hereby authorizes the
Northeast Iowa Area Crime Com-
mission to act in its behalf in the
receipt, deposit and dispersal of
Federal Funds received from the
Iowa Crime Commission for the
purpose of carrying on the pre-
scribed activity as outlined in the
Program Application.
The Northeast Iowa Area Crime
Commission shall use said Federal
Funds received exclusively for this
program and for no other purpose,
and this unit of government shall
provide complete documentation of
all expenditures made by this unit
of government to the Northeast
Iowa Area Crime Commission as
required.
In lieu of such documentation or
for other violations of Federal and
State ruled and regulations, it is
understood that all funds remain-
ing in the possession of the North-
east Iowa Area Crime Commission
may, upon approval of the Com-
mission, be returned to the Iowa
Crime Commission.
Signed this 13th day of May,
1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Special Session, May 13, 1974 279
Councilman Lundh. Carried by the
following vote:
yea, — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION Execution O. 7 and
Authorizing the
Filing of an Application for a
Comprehensive Planning Assist-
ance Grant.
WHEREAS, the Comprehensive
Planning Assistance Program as
authorized by Section 701 of the
housing Act of 1951, as amended,
has been made available
tocities
the
over 50,000 population
United States Department of Flous-
ing and Urban Development; and
WHEREAS, the City of Dubuque
has been a participant in the pro-
gram to develop and improve upon
its planning and management capa-
bilities; and
WHEREAS, it is deemed to be in
the best interest of the City of
Dubuque to continue participation
in the 701 Program; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the Mayor of
the City of Dubuque be and he Ls
hereby authorized to execute and
file an application on behalf of
the City of Dubuque, Iowa, with
the United States Department of
Housing and Urban Development
for a grant under Section 701 of the
Housing Act of 1954, as amended.
Section 2. That the City Manager
and the Director of Housing and
Redevelopment be and they are
hereby authorized and directed to
furnish such additional informa-
tion to the United States Depart-
ment of Housing and Urban De-
velopment to support the applica-
tion.
Passed, approved and adopted
this 13th day of May, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution and the application
be for continuation of existing
program — John Grau, Pauline
Joyce. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 188-74
BE IT RESOLVED by the City
Council of the City of Dubuque„
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarette Papers within said City.
Louie and Em's Airport Lunch,
Louis Juergens and Miriam Juer.-
gens, Municipal Airport.
BE IT FURTHER RESOLVED
that the Bonds filed with the ap-
plication be approved.
Passed, adopted and approved
this 13th day of May, 1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
RESOLUTION NO. 189-74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "B" BEER PERMIT
Nelson M. Norwood, Sr. Hole -N -
One Lounge (also SUNDAY
SALES), Bunker Hill Golf Course
Passed adopted and approved
this 13th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
280 Special Session, May 13, 1974
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 190.74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
Nelson M. Norwood, Sr. Hole -N -
One Lounge, (also SUNDAY
SALES), Bunker Hill Golf Course
Passed, adopted and approved
this 13th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
rilman Lundh. Carried by the fol.
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays — None.
RESOLUTION NO. 191.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that the
following applications be approved
and licenses issued upon the com-
pliance with the provisions of
Chaprter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Joseph L. Diener, dba Bill Baker's
Tap, 1064 University Avenue.
Ronald J. Haas, dba R.J.'s Wheel
House, (SUNDAY SALES), 1630
East 16th Street.
Passed, adopted and approved
this 13th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 192.74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT R&
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Joseph L. Diener, dba Bill Baker's
Tap, 1064 University Avenue.
Ronald J. Haas, dba R.J.'s Wheel
House, (SUNDAY SALES), 1630
East 16th St.
Passed, adopted and approved
this 13th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Special Session, May 13, 1974 281
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
There being no further business,
Councilman Lundh moved to ad-
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Leo F. Frommelt
City Clerk
Approved September 16 1974
Adopted September 16 1974
282 Special Session, May 20, 1974
CITY COUNCIL
Special Session, May 20, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present—Mayor Thoms, Council.
men Brady, Justmann, Lundh. City
Manager Gilbert D. Chavenelle..
Absent — Councilman Stackis.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
DUCTING PUBLIC HEARINGS ON
THE RESOLUTIONS OF NECES-
SITY FOR THE CONSTRUCTION
OF ASPHALT PAVING, WATER
MAIN AND SANITARY SEWER IN
RIVERFRONT SUB. NO. S, and
acting upon such other business
as may properly come before a
regular meeting of the Council.
Councilman Justmann submitted
a proposal for a "Portrait Fund
Drive" to purchase a portrait of
the late Bill O'Brien for display
at City Hall.
Communication of Iowa Depart-
ment of Environmental Quality ap-
proving the sanitary and functional
features of the Water Main Ex-
tensions of Sheridan Ltd. Develop-
ment, presented and read. Mayor
Thoms moved the communication
be received and filed .Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann.
Abstain — Councilman Lundh.
Nays — None.
Absent — Councilman Stackis.1
Communication of Planning &
Zoning Commission submitting
minutes of their meetings of April
17th and May 9th, 1974, presented
and read. Mayor Thoms moved the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Communication of Dubuque Park
Board submitting a communication
from the U.S. Coast Guard Aux-
iliary recommending the City re-
tain the First Street Ice Harbor
for use as a City Park, and the
Park Board fullly endorses the
idea, presented and read.
Mayor Thoms moved the com.
munication be received and filed.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis,
Communication of Playground &
Recreation Commission submitting
their 1973 organizational and ae.
tivity report, presented and read.
Mayor Thoms moved the commu-
nication be received and filed and
referred to the Council. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, council.
men Brady, Justmann, Lundh.
Nays—None.
Absent ---Councilman Stackis,
Communication of Interstate
Power Co. advising that they filed
a request for general price in-
crease for all classes of electric
service and further advising that
the City may request a public
hearing, presented and read. Mayor
Thoms moved the communication
be referred to the City Manager
and City Solicitor for continuing
action with specific reference to
Senate File 731. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
May 15, 1974
To the Honorable Mayor
and City Council
I herewith submit the reports of
the City Auditor, City Treasurer,
Water Superintendent, Health De-
partment, as well as a list of
claims paid, for the month of
April 1974.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent -- Councilman Stackis.
May 15, 1974
Honorable Mayor and Members
of the City Council
Please be advised that 1 have
approved the following policies and
desire to have your approval of
Special Session, May 20, 1974 283
same for filing, subject to ap
proval of the City Solicitor.
GENERAL LIABILITY
Steger Construction Co., North-
western National Insurance
Group, Policy Numbers WC
557511—General Liability CLA
720233, Dated 1-01-74 to 1-01-75.
F. N. Smith Construction Inc., Bi -
policy Numbers GA 73 076
lty tand
policy
GA 736897.
Gilbert D. Chavenellc
City Manager
Mayor Thoms moved filfilinbe ap-
al of the
proved subject to app
City Solicitor. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas —MayJustmann, Council-
men Brady, Lundh.
Nays — None.
Absent — Councilman Stackis.
May 13, 1974
Honorable Mayor and
City Council
I am returning to you the peti-
tion of Mr. Lloyd S. Gudenkauf
requesting the vacation of a por-
tion of Dexter Street. This vacation
has been previously approved by
the City Planning Department and
referred to the city manager to
determine the conditions of the
conveyance of the vacated pro-
perty.
During the past year I have
spent considerable time on the
proposition and on May 10th again
inspected the location. The abut-
ting property holder to the soulh
of Dexter Street does not wish
the street vacated and, consequent
ly, I return to you the petition with
the recommendation that the re
quest be denied.
Gilbert. D. Chavenell
City Manager
Mayor Thoms moved the co
municalion be received and file
and recommendation be accepte
Seconded by Councilman Brad
Carried by the following vote:
Yeas — Mayor Thoms, Counci
man Brady, Justmann, Lund
Nays — None.
Absent — Councilman Stacki
May 17, 19'
ment, Sewage Disposal Works and
Parking Facilities.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
May 17, 1974
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the request of Mr. Harlan
J. Roth to reclassify property de-
scribed as Lot 568 and I.ot 569 of
Lennox Addition in the City of
Dubuque, Iowa, from Single Family
Residence District classification to
Two Family District classification.
As shown on the attached map,
this property consists of two lots
with frontage on McPoland Street.
The surrounding neighborhood is
in the Single Family Residence
District classification and most of
the property in this area is used
for that purpose.
The petition requests ,spot zon-
ing" which would be unrelated to
the predominant use of the sur-
rounding area. Also, the Commis-
sion has determined that it would
be inappropriate to consider a
large scale zoning revision in this
neighborhood at the present time
and has recommended that the
petition be denied. T
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
h Development Planner
Mayor Thoms moved the com-
munication be received and filed
e and approve recommendation of
denial. Seconded by Councilman
m- Justmann. Carried by the follow -
d ing vote:
d. Yea, — Mayor Thoms, Council
Y. men Brady, Justmann, Lundh.
Nays — None.
1- Absent — Councilman Stackis.
h May 11, 1974
ble Mayor and
Honorable Mayor
and City Council
I submit to you the certified
audit reports of the Water Depart -
Honor.
City Council
On April 22, 1974, Donald R.
Bullard of 1820 Cannon, Dubuque,
Iowa filed claim against the City
ofDubugodly suffered on r April damages2,
allegedly
2134 Special Session, May 20, 1974
1974 as the result of a back up
of sewer.
This matter was referred to the
appropriate City Agency who made
an investigation thereof and re-
ported by letter to this office on
May 9, 1974 of no liability on the
part of the City and in view of
the foregoing it is the recommen-
dation of the City Attorney that
the claim of Donald R. Bullard be
denied.
Original claim is attached here-
to.
R. N, Russo
City Attorney
Councilman Justmann moved the
recommendation be approved. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Notice of Claim of Laura C. Hen-
dricks in the amount of $124.90
for replacement cost of a power
mower which was damaged while
cutting grass in the area between
the sidewalk and curb at 875 S.
Grandview on May 9, 1974, pre-
sented and read. Councilman Just -
mann moved the notice be referred
to City Solicitor for proper investi-
gation and report. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Notice of Claim of Hugh L.
Stouse, in the amount of $40.69
for car damage incurred as the
result of striking a rock in the
street at Kirkwood and Blake St.
on May 13, 1974, presented and
read. Councilman Justmann moved
the notice be referred to the City
Solicitor for proper investigation
and report. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Nays — None.
Absent — Councilman Stackis,
AN ORDINANCE amending and
Changing Ordinance No. 3.34,
known as "The Zoning Ordinance
and 'Zoning Map Of The City Of
Dubuque, Iowa" so as to change
the zoning classification on here-
inafter described portions of Lot
2 in "Westside Manor Place" from
single family residence district to
local business "A" District, and
changing other hereinafter de.
scribed portions of Lot 2 of "West-
side Manor Place" and all of Lot
13 of Block 4 in "Westside Manor
Subdivision" from single family
residence district to multiple res-
idence district withinclusion in
Paragraph (i) of Section 2 of Ar-
ticle IV to permit off-street park.
ing thereon, presented and read,
Mayor Thoms moved the read.
ing just had be considered the
first reading of the Ordinance.
Seconded by Councilman Brady,
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Mayor Thoms moved that the
rules be suspended requiring an
Ordinance to be read on three
separate days. Seconded by Coun.
cilman Brady. Carried by the fol.
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis,
Mayor Thoms moved that a pub-
lic hearing be held on the Ordin.
ance on June 17, 1974, at 7:30 P.M.
in the Council Chamber at the
City Hall and that the City Clerk
be instructed to publish notice of
the hearing in the manner required
by law. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Communication of Joseph J. Bit-
ter requesting to be heard in re-
gard to the Pat Chew zoning re-
quest, presented and read. Mayor
Thoms moved the communication
be referred to the meeting of June
17, 1974. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent -- Councilman Stickis.
ORDINANCE NO. 37.74
An Ordinance amending Sec-
tion 2 of Ordinance No. 23-74
being an Ordinance relating to
the control of excessive noise
and providing penalties for
Special Session, May 20, 1974 285
the violation thereof by re-
pealing Section 2 thereof and
enacting a new Section 2 in
lieu thereof to change the
hours relating to the construc-
tion and the repair of build-
ings from 8:00 A.M. to 7:00
p.M. to 7:00 A.M. to 8:00 P.M.
of any day, Monday through
Friday, and to change the
hours of garbage collection
from 7:00 A.M. to 9:00 F.M. to
6:00 A.M. to 9:00 P.M. of any
day, presented and read.
Mayor Thorns moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
Mayor Thorns moved that the
rules be suspended requiring an
Ordinance to be read on three sep.
arate days. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thorns , Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
ORDINANCE NO. 37-74
AN ORDINANCE AMENDING
SECTION 2 OF ORDINANCE NO.
23-74 BEING AN ORDINANCE RE.
LATING TO THE CONTROL OF
EXCESSIVE NOISE AND PRO-
VIDING PENALTIES FOR THE
VIOLATION THEREOF BY RE-
PEALING SECTION 2 THEREOF
AND ENACTING A NEW SEC-
TION 2 IN LIEU THEREOF TO
CHANGE THE HOURS RELATING
TO THE CONSTRUCTION AND
THE REPAIR OF BUILDINGS
FROM 8:00 A.M. TO 7:00 P.M. TO
7:00 A.M. TO 8:00 P.M. OF ANY
DAY, MONDAY THROUGH FRI-
DAY, AND TO GRANGE THE
HOURS OF GARBAGE COLLEC-
TION FROM 7:00 A.M. TO 9:00
P.M. TO 6:00 A.M. TO 9:00 P.M. OF
ANY DAY.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section I. That Ordinance No. 23-74 be
amended by repealing Section 2 thereof
and enacting a new Section 2 in lieu thereof
to provide as follows:
"Section 2. NOISES PROHIBITED.
Each of the following acts, among
others, is hereby declared to 1w in violation
of this Ordinance and is prohibited. Th
following enumerated acts shall not be con-
strued as limiting or precluding enforce
ment of any mh,ie.r.Provisions of this chap-
ter.(a)Horling devices, etc. The
sounding of any horn or signaling device
on any automobile, motorcycle, bus or
other vehicle on any street or public place
of the City, except as a danger warning, and
the sounding of any such device for an un-
necessary and unreasonable period of time.
(b) Hawkers and peddlers. The sale by
outcry within any area of the City zoned
for residential uses. The provision of this
section shall not be construed to prohibit
the selling by outcry of merchandise food
and beverages at licensed sporting events,
parades, fairs, circuses, and other similar
licensed public. entertainment events, nor
to prohibit the selling of newspapers by
outcry.
(c) Animals and fowl. The keeping of,
upon any premises, owned, occupied or con-
trolled by any person, any animal or fowl
otherwise permitted to be kept which, by
anv sound or cry, shall cause annoyance or
discomfort to a reasonable person of nor-
rnal sensibilities.
(d) Loading, unloading, opening boxes.
The creation of a loud and excessive noise
in connection with loading or unloading
any vehicle or the opening and destruction
of bales, boxes, crates and containers.
(e) Schools, courts, churches, hospitals.
The creation of a loud and excessive noise
on any street adjacent to any school, institu-
tion of learning, church or court while
the same are in use, or adjacent to any hos-
pital, which unreasonably interferes with
the workings of such institution, or which
disturbs or unduly annoys patients in the
hospital.
(f) Construction or repair of buildings.
The erection (including excavation), demo-
lition, alteration or repair of any building
other than between the hours of 7:00 A.M.
and 8:0o P.M. of any day, Monday through
Friday.
(g) Pile drivers, hammers, etc. The ope-
ration between the hours of 6 P.M. and 8
A.M. of any pile driver, steam shovel,
pneumatic hammer, derrick, power hoist
or other construction equipment, and then
only when equipped with an effective muf-
fling device.
(h) Garbage collection. The collection
of garbage, waste or refuse by any person
in any area zoned residential except be-
tween the hours of 6:00 A.M. and 9:00
P.M. of any day and then only in a man-
ner so as not to create a loud or excessive
noise.
(i) Vehicle repairs. The repair or re-
building of any motor vehicle within any
residential area of the City between the
It'
of 9:o0 P.M. and 8:00 Anon of nor-
.
rh
.t manner that a reasonable p
mal sensitivities residing in the area is
caused discomfort or annoyanceinto the
(j) Exhausts. The dischargesteam en
open air of the exhaust of any motor
The
gine, internal combustion engine,
boat, ormotor
except le or th through a muffler or
or otherer gases
286 Special Session, May 20, 1974
other device which will effectively prevent
loud or explosive noises therefrom.
(k) Unlawful use of buildings. No per-
son owning, or in possession of or in con-
trol of any building or premises, shall use
the same, permit the use of the same, of
rent the same to be used for any business
or employment or residential use, or for
any purpose of pleasure or recreation, if
such use shall, by the noise generated there-
from,
herefrom, disturb or interfere with the peace
of the neighborhood in which such build-
ing or premises is situated.
(I) Loud, unnecessary or unusual 110i so'
Notwithstanding any other provision of
this chapter and in addition thereto, it shall
be unlawful for any person to willfully
make or continue or cause to be made or
continued any loud, unnecessary, or unu-
sual noise which disturbs the peace or quiet
of any neighborhood or which causes dis-
comfort or annoyance to any reasunable
person of normal sensitivities residing in
the area.
(m) Engine brakes. The use of a "Jacob
brake" or any engine brake within the city
limits unless for the manifest purpose for
which it is intended.
(o) Stationary machinery, equipment,
and fans. It shall be unlawful for any per-
son to operate any immobile machinery,
equipment, pump, fan, or similar mechani-
cal device in any manner so as to create any
noise which would cause the noise level at
any portion of the property line of any pro•
perty to exceed the maximum noise levels
in the use zones described in Section 3. Pro-
vided that this section shall not apply to
temporarily placed equipment which shall
be subject to the manufacturing standards
uutlined in the following section."
Passed, approved and adopted this 20th
day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. FromonCIL
City Clerk
Published officially in the Telegraph
Heerald Newspaper this 24th day of May
1974.
Leo F. Frommelt
City Clerk
It. J-24
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded
by Councilman Lundh. Carried by
the following vote:
Was — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Nays --None.
Absent --Councilman Stackis.
Petition of Arrowhead Golf
Course requesting if additional
meetings are held by the Council
relative to the City building a new
municipal golf course that they
would be invited to attend, present-
ed and read. Mayor Thoms moved
the petition be received and filed.
Seconded by Councilman Brady
Carried by the following vote:
Was — Mayor Thoms, Council
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Petition of Tri-State Twirler
Square and Round Dance Club (412
signers) requesting for help against
the threatened loss of the use of
Allison -Henderson pavilion by adult
groups during the evening hours.
presented and read. Councilman
Lundh moved the petition be re-
ferred to the Recreation Commis-
sion with admonition that an alter-
nate place be considered. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Verbal petition of Councilman
Brady requesting that the Police
Department do regular radar pa-
trols on Asbury Rd„ presented. Po-
lice Chief O'Brien responded to the
petition with satisfactory explana-
tion. Mayor Thoms moved the pe-
tition be received and filed. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Petition of David Schumacher et
al (21 signers) requesting a stop
sign at the corner of Lincoln and
Fengler Streets, presented and
read. Councilman Justmann moved
the petition be referred to the City
Manager and Traffic Department
for investigation and report. Se-
conded by Mayor Thoms. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Petition of Mrs. Barbara Basten
requesting relief from the mud con-
dition in front of her home at 1909
Ellen Street, presented and read.
Councilman Justmann moved the
petition be received and filed. Se-
conded by Mayor 'Thoms. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Special Session, May 20, 1974 287
Nays — None.
Absent — Councilman Stackis,
Petition
questing that Glen Oak Street be
extended from the end of the 1900
block to Rosedale Ave,, presented
and read. Councilman Justmann
moved the petition be referred to
the City Manager for investigation
and report. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Proof of Publication, certified to
by the Publisher, of Notice of Hear-
ing on resolution of necessity for
construction of the City of Dubuque
1974 Asphalt Paving Project No. 2
Riverfront Subdivision No. 5:
Roosevelt Street Extension from
the S.P.L. of Kerper Blvd. to the
S.P.L. of Kilgore Street; Kilgore
Street from the W.P.L. of Roosevelt
Street Extension to the N.P.L. of
Hamilton Street Extension; Hamil-
ton Street Extension from the S.P.L.
of Kilgore Street to the N.P.L. of
Lot 2 of Block 1 of Riverfront Sub-
division No. 5, presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the time
set for the public hearing.
Mayor Thoms moved the proof
of publication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None,
Absent — Councilman Stackis.
(Necessity for Improvement)
RESOLUTION NO. 139.74
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque and
are now on file in the office of the
City Clerk showing among other
things the following:
1. The streets to be improved.
2. The width of such improve-
ment, and the size and kind of sew-
ers.
3. An estimate of the cost of the
proposed improvement, stating the
same for each different type of con-
struction and kind of material to be
used.
City of Dubuque 1974 Asphalt
Paving Project No. 2 Riverfront
Subdivision No, 5:
1. Roosevelt Street Extension
from the S.P.L. of Kerper Boule.
vard to the S.P.L. of Kilgore Street.
2. Kilgore Street from the W.P.L.
of Roosevelt Street Extension to the
N.P.L. of Hamilton Street Exten-
sion.
3. Hamilton Street Extension
from the S.P.L. of Kilgore Street
to the N.P.L. of Lot 2 of Block 1 of
ltiverfront Subdivision No. 5.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion of property owners, deems
it advisable and necessary for the
public welfare to make the herein
mentioned improvement, and unless
property owners at the time of the
final consideration of this proposed
resolution have on file with the
City Clerk objections, they shall be
deemed to have waived all objec-
tions thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefore
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
paid out of the general fund.
The above resolution was intro.
duced, approved and ordered
placed on file with the City Clerk
this 22nd day of April, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed and adopted, as pro-
posed, by the City Council this 20th
day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
288 Special Session, May 20, 1974
Decision of Council upon objections
to plans, specifications, form of con-
tract and cost of improvements
RESOLUTION NO. 193.74
NIIEHE.AS, proposed plans and
specifications and form of contract
for the City of Dubuque 1974 As-
phalt raving Project No. 2. River -
front Subdivision No, 5 have been
approved by the City Council of the
City of Dubuque and public notice
given as provided by Chapter 23 of
the Code of Iowa, 19;3, pertaining to
public contracts and bonds. and the
time and place fixed for the hear-
ing of all object,iorms to said plans.
specifications or eont.raM for or
cost of such improvements, said
time being this Mb dkv of 'May.
1.974: and
VCHF.RF,AS.. the City Council met
in special session this 2t)th day of
May. 1974, St 7:40 o'clock P.M. at
the Council Chambers in the City -
Hall for the purpose of hearing all
interested parities and c»nsidering
an}, and all obiections a hick have
been filed to the proposed plan.
specifications or contrac: for or cost
of the improvement herein de-
scribed and proposed to be n',ade.
and
'% 1*MEAS, all interested parties
have been giver ar opportunity to
be heard and all objections which
have been duty weig wd and con-
sidered. now, therefore
BE IT RN_ OLVED by thf• Laity
Council of tht, Cid of Dubuque.
that. all objeetioac which have beer
made and filed to the plans. speeifi-
cationc. contract for or cost of said
improvement herein described and
proposed to bf made, bf and thf-
sanu, hereby overruled and such
plans and torte of contras herrttr
forn approved are hereb} adopted
BE IT FURTHER RESOLVED
that this. Yesolutior enntaining the
decision of this Council upon &E ob-
jsetiom which have been filed to
the plans. specification: and form
of cast said irnprovemen: I* made
a matter of permanent record it;
ronneetion with said improvement
Painted. adopted and approved
this 20th day of Ma}, 1974
Allan T. Thom,,
Mayor
C Robert Justmant,
Janet E. Brad
Alvin E. Lundt,
Councumel;
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
Gilman Brady. Carried by the fol-
lowing wrote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann. Lundh.
Nays — None.
Absent — Councilman slackis.
(Ordering Construction)
RESOLUTION NO. 194-74
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU.
BUQUE that pursuant to a resolu.
tion of necessity No. 139-74 which
was duly passed by this Council,
for the City of Dubuque 1974 As.
phalt Paving Project No. 2, River.
front Subdivision No. 5 be and the
same are hereby ordered and e,)n.
structed by this Council upon its
own motion and with or without the
petition of property owners. All the
work shall be constructed in accor-
dance with the plans and specifica-
tions heretofore adopted and now
on file in the office of the City
Clerk.
BE i7 FL-RTHER RESOLVED
that the cosi and expense of the
said improvement be paid for out
of the gene.ral funds of the city.
Payment will be made to the con-
tractor after iht work hwg, been
completed and bccep•.a+d by the City -
Council.
BE IT FL-RTHER RESOLVED
that the City Cicri be and be is
hereb3 ordered and ci rertk io ad-
verusxe for proposaL, for t.be con-
struction of the vanous =prove-
mentc heram prorxled for m the
manner provitLrd by lay. tht said
imprvvemmvL shat' be completed
on or beforf, 90 days after notilm to
proveed has beer, issued
BE TT FL'ft7FIEM FXWC L%M)
that this resolutior being deemed
urgent and of immediets necessity
shall he in fnroe and efft+et from and
atter its passape and adoption tn'
the City Council
Passed adoptttd and approved
the 21nk day Uiv: , 1974
Aller. T Thane
Mayor
C. Rvbrrt dustnuau,
James: E Brad}
Alvin E Lundh
Councilmen
Special Session, May 20. 1974 289
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Proof of Publication, certified to
by the Publisher of Notice of Hear-
ing on resolution of Necessity for
Construction of 10" Water Main for
Riverfront Sub. No. 5, presented
and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the time
set for the public hearing. Mayor
Thoms moved the proof of publica-
tion be received and filed. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundb.
Nays — None.
Absent — Councilman Stackis.
(Necessity for Improvement)
RESOLUTION NO. 145-74
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque and
are now on file in the office of the
City Clerk showing among other
things the following:
1. The size and kind of water main
2. An estimate of the cost of the
proposed improvement, stating the
same for each different type of con-
struction and kind of material to
be used.
Contract 1, Section 1: construc-
tion of a 10 inch water main for
River Front Subdivision Number 5,
in the City of Dubuque, Iowa
BE IT THEREFORE RESOLVED
that the City Council on its own mo-
tion or upon petition of property
owners, deems it advisable and ne-
cessary for the public welfare to
make the herein mentioned im-
provement, and unless property
owners at the time of the final con-
sideration of this proposed resolu-
tion have on file with the City Clerk
objections to the amount of the
Proposed assessments, they shall
be deemed to have waived all ob-
jections thereto.
Said improvements shall be con.
structed and done in accordance
with the plans and specifications
which have been prepared therefore
by the City Engineer which have
been approved by the City Council
and are now on file with the City
Clerk. That the cost and expense of
making said improvement shall be
paid out of the general fund.
The above resolution was intro-
duced, approved and ordered placed
on file with the City Clerk this 22nd
day of April, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed, and adopted, by the
City Council this 20th day of May,
1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundb. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Decision of Council upon objections
to plans, specifications, form of con-
tract and cost of improvements
RESOLUTION NO. 19574
WHEREAS, proposed plans and
specifications and form of contract
for the construction of:
Contract 1. Section 1. 10 inch wa-
ter main for River Front Subdivi-
sion Number 5, in the City of Du-
buque, Iowa have been approved
by the City Council of the City of
Dubuque and public notice given as
provided by Chapter 23 of the Code
of Iowa, 1973, pertaining to public
contracts and bonds, and the time
and place fixed for the hearing of
all objections to said plans, specifi-
cations or contract for or cost of
such improvements, said time being
this 20th day of May, 1974; and
WHEREAS, the City Council met
in special session this 20th day of
May, 1974, at 7:30 o'clock P.M. at
the Council Chambers in the City
Hall for the purpose of hearing all
interested parties and considering
290 Special Session, May 20, 1974
any and all objections which have
been filed to the proposed plans,
specifications or contract for or
cost of the improvement herein de-
scribed and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci-
fications, contract for or cost of said
improvement herein described and
proposed to be made, be and the
same hereby overruled and such
plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all ob-
jections wbich have been filed to
the plans, specifications and form
of costsaid improvement be made
a matter of permanent record in
connection with said improvement.
Passed, adopted and approved
this 20th day of May, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh.
Nays — None.
Absent -- Councilman Stackis.
(Ordering Construction)
RESOLUTION NO. 196-74
BE IT RESOLVED BY THE CITY
COUNCIL OF, THE CITY OF DU-
BUQUE that pursuant to a resolu-
tion of necessity No. 145-74 which
was duly passed by this Council, for
the Contract 1, Section 1: construc-
tion of a 10 inch water main for
River Front Subdivision Number, 5,
in the City of Dubuque, Iowa be and
the same are hereby ordered and
constructed by this Council upon its
own motion and with or without the
petition of property owners. All the
work shall be constructed in accor.
dance with the plans and specific,tions heretofore adopted and now
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for out
of the general funds of the city, af.
ter the work has been completed
and accepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad.
vertise for proposals for the con
struction of the various improve.
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 90 days after notice to
proceed has been Lssued.
BE IT FURTHER RESOLVER
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption b%
the City Council.
Passed, adopted and approved
this 20th day of May, 1974.
Allan 'I'. Thom,
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun.
Gilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing on resolution of neces-
sity for construction of sanitary and
storm sewer for River Front Sub-
division Number 5, and construc-
tion of a sanitary sewer from the in-
tersection of Roosevelt St. Exten-
sion and Kilgore Street to the Du-
buque Marina, presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the time
set for the public hearing.
Mayor Thorns moved the proof of
publication be received and filed.
Seconded by Councilman Lundh
Carried by the following vote:
Special Session, May 20, 1974 291.
Yeas — Mayor Thorns, Council- posed, by the City Council this 20th
men Brady, Justmann, Lundh. day of May, 1974.
Nays — None. Allan T. Thorns
Absent _._ Councilman Stackis. Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
(Necessity for Improvement)
RESOLUTION NO. 142-74
WHEREAS, proposed plans, spe-
cifications, form of contract, plat Attest:
Frommelt
and schedule have been duly pre e
pared and approved by the City City Clerk
Council of the City of Dubuque and Mayor Thorns moved adoption of
are now on file in the office of the the resolution. Seconded by Coun-
City Clerk showing among other cilmanwing vote:
1.
Carried by the fol -
things the following: yeas —Mayor Thorns, Council -
1. The size and kind of sewers. men Brady, Justmann, Lundh.
2. An estimate of the cost of the Nays —None.
proposed improvement, stating the Absent — Councilman Stackis.
same for each different type of con-
struction and kind of material to
be used.
Contract 1:
Section 2. construction of a sani-
tary and storm sewer for River
Front Subdivision Number 5, in the
City of Dubuque, Iowa
Section 3. construction of a sani-
tary sewer from the intersection of
Roosevelt St. Extension and Kilgore
St. to the Dubuque Marina.
BE IT THEREFORE RESOLVED
that the City Council on its own mo-
tion or upon petition of property
owners, deems it advisable and ne-
cessary for the public welfare to
make the herein mentioned im-
provement, and unless property
owners at the time of the final con-
sideration of this proposed resolu-
tion have on file with the City Clerk
objections to the amount of the pro-
posed assessments, they shall be
deemed to have waived all objec-
tions thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment shall be paid out of the ge-
neral fund.
The above resolution was intro-
duced` approved and ordered
placed on file with the City Clerk
this 22nd day of April, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed and adopted, as pro -
Decision of Council upon objections
to plans, specifications, form of con-
tract and cost of improvements
RESOLUTION NO. 197.74
WHEREAS, proposed plans and
specifications and form of contract
for the Contract 1:
Section 2. construction of a sani-
tary and storm sewer for River
Front Subdivision Number 5, in
the City of Dubuque, Iowa
Section 3. construction of a sani.
tary sewer from the intersection of
Roosevelt St. Extension and Kilgore
Street to the Dubuque Marina have
been approved by the City Council
of the City of Dubuque and public
notice given as provided by Chapter
23 of the Code of Iowa, 1973, per-
taining to public contracts and
bonds, and the time and place fixed
for the hearing of all objections to
said plans, specifications or contract
for or cost of such improvements,
said time being this 20th day of
May, 1974; and
WHEREAS, the City Council met
in special session this 20th day of
May, 1974, at 7:30 o'clock P.M. at
the Council Chambers in the City
Ball for the purpose of hearing all
interested parties and considering
any and all objections which have
been filed to the proposed plans,
specifications or contract for or
cost of the improvement herein de
scribed and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to
Ix heard and all objections and
have been duly weighed
con-
sidered; now, therefore
290 Special Session, May 20, 1974
any and all objections which have
been filed to the proposed plans,
specifications or contract for or
cost of the improvement herein de-
scribed and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci-
fications, contract for or cost of said
improvement herein described and
proposed to be made, be and the
same hereby overruled and such
plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVEDI
that this resolution containing the
decision of this Council upon all ob-
jections which have been filed to
the plans, specifications and form
of cost said improvement be made
a matter of permanent record in
connection with said improvement.
Passed, adopted and approved
this 20th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
(Ordering Construction)
RESOLUTION NO. 196-74
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant to a resolu-
tion of necessity No. 145.74 which
was duly passed by this Council, for
the Contract 1, Section 1: construc-
tion of a 10 inch water main for
River Front Subdivision Number 5,
in the City of Dubuque, Iowa be and
the same are hereby ordered and
constructed by this Council upon its
own motion and with or without the
petition of property owners. All the
work shall be constructed in accor.
dance with the plans and specifica-
tions heretofore adopted and now
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for out
of the general funds of the city, af.
ter the work has been completed
and accepted by the City Council,
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad.
vertise for proposals for the con-
struction of the various improve
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 90 days after notice to
proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from and
after its passage and adoption by
the City Council.
Passed, adopted and approved
this 20th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing on resolution of neces-
sity for construction of sanitary and
storm sewer for River Front Sub-
division Number 5, and construc-
tion of a sanitary sewer from the in-
tersection of Roosevelt St. Exten-
sion and Kilgore Street to the Du-
buque Marina, presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the timc
set for the public hearing.
Mayor Thoms moved the proof of
publication be received and filed.
Seconded by Councilman Lundb.
Carried by the following vote:
Special Session, May 20, 1974 291
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
(Necessity for Improvement)
RESOLUTION NO. 142.74
WHEREAS, proposed plans, spe.
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque and
are now on file in the office of the:
City Clerk showing among other
things the following:
1. The size and kind of sewers.
2. An estimate of the cost of the
proposed improvement, stating the
same for each different type of con-
struction and kind of material to
be used.
Contract 1:
Section 2. construction of a sani-
tary and storm sewer for River
Front Subdivision Number 5, in the
City of Dubuque, Iowa
Section 3. construction of a sani.
tary sewer from the intersection of
Roosevelt St. Extension and Kilgore
St. to the Dubuque Marina.
BE IT THEREFORE RESOLVED
that the City Council on its own mo-
tion or upon petition of property
owners, deems it advisable and ne-
cessary for the public welfare to
make the herein mentioned im-
provement, and unless property
owners at the time of the final con-
sideration of this proposed resolu-
tion have on file with the City Clerk
objections to the amount of the pro.
Posed assessments, they shall be
deemed to have waived all objec.
tions thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve.
ment shall be paid out of the ge-
neral fund.
The above resolution was intro.
ducedi approved and ordered
placed on file with the City Clerk
this 22nd day of April, 1974.
RECORD OF FINAL. ADOPTION
The foregoing resolution was fi-
nally passed and adopted, as pro-
posed, by the City Council this 20th
day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Decision of Council upon objections
to plans, specifications, form of con-
tract and cost of improvements
RESOLUTION NO. 197.74
WHEREAS, proposed plans and
specifications and form of contract
for the Contract 1:
Section 2. construction of a sani-
tary and storm sewer for River
Front Subdivision Number 5, in
the City of Dubuque, Iowa
Section 3. construction of a sani-
tary sewer from the intersection of
Roosevelt St. Extension and Kilgore
Street to the Dubuque Marina have
been approved by the City Council
of the City of Dubuque and public
notice given as provided by Chapter
23 of the Code of Iowa, 1973, per-
taining to public contracts and
bonds, and the time and place fixed
for the hearing of all objections to
said plans, specifications or contract
for or cost of such improvements,
said time being this 20th day of
May, 1974; and
WHEREAS, the City Council met
in special session this 20th day of
May, 1974, at 7:30 o'clock P.M. at
the Council Chambers in the City
Hall for the purpose of hearing all
interested parties and considering
any and all objections which have
been filed to the proposed plans,
specifications or contract for or
cost of the improvement herein de-
scribed and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to
Ix, heard and all objections which
have been duly weighed and con.
sidered; now, therefore
292 Special Session, May 20, 1974
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, specifi-
cations, contract for or cost of said
improvement herein described and
proposed to be made, be and the
same hereby overruled and such
plans, specifications and form of
contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all ob-
jections which have been filed to
the plans, specifications and form
of cost said improvement be made
a matter of permanent record in
connection with said improvement.
Passed, adopted and approved
this 20tb day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution, Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
(Ordering Construction)
RESOLUTION NO. 198-74
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant to a resolu.
tion of necessity No. 142-74 which
was duly passed by this Council,
for the Contract 1:
Section 2, contraction of a sani-
tary and storm sewer for River
Front Subdivision Nnumber 5, 7n
the City of Dubuque, Iowa
Section 3. construction of a sani.
tary sewer from the intersection of
Roosevelt St. Extension and Kilgore
Street to the Dubuque Marina be
and the same are hereby ordered
and constructed by this Council up-
on its own motion and with or with-
out the petition of property own-
ers. All the work shall be construct.
ed in accordance with the plans
and specifications heretofore adopt-
ed and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid for out
of the general funds of the city af.
ter the work has been completed
and accepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals for the con-
struction of the various improve.
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before 90 days after notice to
proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall he in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 20th day May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, I.undh.
Nays — None.
Absent — Councilman Stackis.
RESOLUTION NO. 199-74
WHEREAS, there has been de-
livered Quit Claim Deed of War-
saw Brewing Corporation to the
City Council of the City of Du-
buque, Iowa conveying to the City
of Dubuque, Iowa the following de-
scribed real estate:
Lot Two (2) of Lot Twelve (12) of
Central Addition in the City of
Dubuque, Iowa
and said delivery of deed should be
approved and accepted.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IO-
WA:
Section 1. That the delivery of
Quit Claim Deed of Warsaw Brew-
ing Corporation conveying to the
City of Dubuque, Iowa, the herein-
above above described real estate
Special Session, May 20, 1974 293
be and the same is hereby approved
and accepted, for street purposes.
Section 2. That the City Clerk be
and he is hereby authorized and di-
rected to record said (quit Claim
Deed in the office of the Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 20th day of May, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
RESOLUTION NO. 200.74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing applications be granted and
permits issued upon the compliance
with the terms of the Ordinances
of the City.
CLASS "B" BEER PERMIT
Thomas Clemens, dba Bottle Stop
Baseball Tournament, McAlleece
Field
ALSO SUNDAY SALES
CLASS "C" BEER PERMIT
Walgreen Co., 555 J. F. Kennedy
Road
Passed, adopted and approved
this 20th day of May 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Justmann, Lundh.
Nays — Councilman Brady.
Absent — Councilman Stackis,
RESOLUTION NO, 201.74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun.
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the Ordinances of this City and they
have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
Thomas Clemens, dba Bottle Stop
Baseball Tournament, McAlleece
Field
ALSO SUNDAY SALES
CLASS "C" BEER PERMIT
Walgreen Co., 555 J. F. Kennedy
Drive
Passed, adopted and approved
this 20th day of May 1974,
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh.
Nays — Councilman Brady.
Absent — Councilman Stackis.
RESOLUTION NO. 202.74
WHEREAS, applications for Li-
quor Licenses have been submitted
to this Council for approval and the
same have been examined,
NOW THEREFORE BE 1T RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing applications be approved
and licenses issued upon the com-
pliance with the provisions of Chap-
ter 131, Acts of the First Regular
Session, 64th General Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Riverside Bowl Inc., also Sunday
Saps, 1860 Ilawthorne Street
294 Special Session, May 20, 1974
Passed, adopted and approved
this 20th day of May 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
RESOLUTION NO. 203.74
WHEREAS, applications for Li-
quor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City Ordi-
nances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of Du-
buque, Iowa, that the Manager be
authorized to cause to be issued to
the following named applicants a
Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Riverside Bowl Inc., also Sunday
Sales, 1880 Hawthorne St.
Passed, adopted and approved
this 20th day of May 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
At 8:55 P.M. Mayor Thoms moved
to go into executive session to dis-
cuss appointments to Boards and
Commissions. Seconded by Council-
man Brady. Carried by the follow.
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
At 9:10 P.M. the Council recon.
vened in regular session and the fol.
lowing appointments were an.
nounced. Daniel E. Welu reappoint.
ed for a four year term on the Po-
lice -Fire Pension & Retirement
Board to expire 4-1-78 and Rev. Ro.
bert Odden was appointed Protes.
tant Chaplain of the Police and
Fire Departments to succeed Rev.
Gooch. Mayor Thoms moved appro-
val of the appointments. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
There being no further business,
Councilman Lundh moved to ad-
journ. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Leo F. Frommelt
City Clerk
Approved S e p t A mh e r....1.g974
Adapted September 16
Councilni)W
ty Clerk
Special Session, May 28, 1974 295
CITY COUNCIL
OFFICIAL
Special session, May 28, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Thoms, Council-
men Brady, Dustman, Lundh, Stac-
kis. City Manager Gilbert D. Chave.
nelle.
Mayor Thoms read the call and
stated that service thereof had been
duly made and this meeting is called
for the purpose of considering re-
sults of bids received for the con-
struction of the 1974 Asphalt and
Concrete Paving Projects and act-
ing upon such other business as
may properly come before a regular
meeting of the Council.
Communication of U.S. Army
Corps of Engineers submitting a
notice that the Pillsbury Company
has applied for a permit to make im-
provements at their existing dock
facilities at the 7th Street Harbor,
presented and read. Mayor Thoms
moved the communication be re-
ferred to the Engineering Depart-
ment and City Solicitor for proper
proceedings and report. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac-
kis.
Nays — None.
Dock Commission submitting mi-
nutes of their meeting of February
5, 12th, March 1, 18, April 17 and
24th, presented and read. Mayor
Thoms moved the minutes be re-
ceived and filed. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh, Stac
Ids.
Nays — None.
Communication of League of Wo
men Voters advising of the Advi
spry Commission's recommendatio
as to adoption of a Code of Ethic
and requesting that the Counc
take appropriate action to re -ex
mine and implement the study, pr
rented and read. Councilman Stack
moved to suspend the rules to 1
anyone present address the COU
cil. Seconded by Councilman Lund
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac-
kis.
Nays — None.
Mary Smith and Monica Wagner
of the League of Women Voters ad-
dressed the Council relative to adop-
tion of a Code of Ethics. They en-
couraged the Council to use the pre-
sent. form as a guideline. Council-
man Lundh moved the communica-
tion of League of Women Voters be
referred back to the Advisory Com-
mission and copies be given to the
Council for intermediate study. Se-
conded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stae-
kis.
Nays — None.
Communication of Advisory Com-
mission submitting a list of cost
items between $135. and $250, to
establish a request for funds to con-
duct surveys to gain knowledge
from citizens to provide the Council
in a more reliable manner, pre-
sented and read. Mr. Frank Miller
of the Advisory Commission ad-
dressed the Council relative to the
questionnaire submitted by the
Commission along with request for
funds. He advised the Council that
it is a preliminary effort and the
questionnaire is not in final form.
Mayor Thoms moved to authorize
expenditures up to $250. Seconded
by Councilman Lundh. Vote on
the motion was as follows:
Nays — Councilman Brady, Just -
mann, Stackis.
Yeas — Mayor Thoms, Council-
man Lundb.
Motion Failed.
Communication of Auditor of
State submitting the Audit report
of Disaster Claim submitted by the
City on April 10, 1973, in the amount
Of $10,618.41 and recommending
that $10,467.84 be reimbursed by the
Federal Government, less former
, payment of $5200. leaving a balance
of $5,267.84, presented and read.
n Mayor Thoms moved the communi-
s cation be received and filed and re-
aI ferred to City Manager for check.
e- Seconded by Councilman Lundh-
isCarried by the following vote:
is — .Mayor Thoms, Council
et Yeas
n- men Brady, Justmann, Lundh, Stac
h. kis.
Nays — None.
296 Special Session, May 28, 1974
May 23, 1974
To The Honorable Mayor and
Members of the City Council.
This is to advise you that I have
approved the General Liability po-
licy of Swift Plumbing & Beating
Co. Policy Number CAG 8823A7,
The Ohio Casualty Insurance Co.,
Policy period from 5-20.74 to 5-
75.
Gilbert D. Chevenelle
City Manager
Mayor Thoms moved the com-
municaLion be received and filed
and approved subject to approval
of City Solicitor. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac-
kis.
Nays — None.
May 24, 1974
Honorable Mayor and
City Council
At your meeting of April 8, 1974
the petition of Paul F. Moes request-
ing extension of city fire protection
to property at 1899 Rockdale Road
was referred to my office.
In recent years the city has found
it more advantageous to extend its
services through annexation than to
attempt to contract. separate ser-
vices with separate property own-
ers outside of the corporate limits.
In this respect. Mr. Moes' petition
for the extension of fire service
would be contrary to that policy
and I recommend that it be denied.
In our discussions with Mr. Moes,
we informed him of the more ac-
ceptable alternative request for vo-
luntary annexation of his property
which abuts the: corporate limits of
the City of Dubuque along the
riphl-of-way of Rockdale Road. The
sanitary sewer, water supply and
fire protection, and all other city
services, can be supplied to the pro.
perty. The property is located with-
in an area that has been identified
as a possible future annexation
zone for the City of Dubuque.
Mr. Moes has been informed of
the benefits, obligations and re.
quired procedures for voluntary an-
nexation to the City of Dubuque and
has been asked by us to resubmit his
request in the form of a petition for
voluntary annexation, It is my re-
commendation that this alternative
is more acceptable to the City of ` t
Dubuque. I
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the recom-
mendation be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stae.
kis.
Nays — None.
May 22, 1974
Honorable Mayor and
City Council
On March 1, 1974, City of Du-
buque, Iowa was served with Origi.
nal Notice with Petition for Injunc.
tion attached, being Equity No.
82285 filed in the District Court in
and for Dubuque County, Iowa,
wherein C. Clark, D. T'oom and L.
Hogan were named plaintiffs and
City of Dubuque, Iowa, Gilbert D.
Chavenelle, Allan Thoms, James
Brady, Emil Stackis, Alvin Lundh
and C. Robert Justmann were
named as defendants. Said action
prayed for permanent injunction
restraining the defendants from
transferring any public funds to
Ecumenical Housing Incorporated
and concerning one certain contract
entered into by a :d between said
corporation and the City of Du.
buque, Iowa for services to the eld-
erly disabled and handicapped of
the City of Dubuque.
Said matter was referred to the
City Attorney's office who inter-
posed the appropriate defenses and
hearing was had on May 20, 1974 on
Motions for Summary Judgment,
filed both by defendants and plain-
tiffs. Judgment and Decree of the
Court was entered on May 22, 1974
dismissing the plaintiffs' action at
plaintiffs' cost.
Original Notice with petition at-
tached is hereto attached.
R. N. Russo
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac•
kis.
Nays — None.
May 23, 1974
Honorable Mayor and
City Council
On January 25, 1974, William S.
Peil of 26051h Rhomberg Avenue,
Special Session, May 28, 1974 297
this city, filed claim against the
Yeas — Mayor Thoms, Council -
City of Dubuque, Iowa in the men Brady, Justmann, Lundh, Stac-
amount of $121.03, and alleging da- kis.
mages to his motor vehicle occurr-
Nays — None.
ing on January 25, 1974 as the re-
Petition of Schiltz Development
of striking a hole in the road-
Corporation requesting approval to
sult
way on Pennsylvania Avenue in the install
eleven boulevard type lights
3500 block of said street. on Clifford & Lagan Streets, pre -
Said matter was referred to the sented and read. Mayor Thoms
City Attorney who has conferred moved the petition be referred to
with the claimant and the Street the City Manager and the Electri-
Department and with contractor cal Department. Seconded by Coun-
had been working in said area
cilman Lundh. Carried by the fol.
who
at that time. This office has been
informed by the contractor that said
lowing vote:
Yeas — Mayor Thoms, Council -
claim has been satisfied in full, and
men Brady, Justmann, Lundh, Stac-
release discharging the City from
kis.
any liability has been furnished the
Nays — None.
City. In view of the foregoing, it is
Petition of Arthur W. Pins, by
my recommendation that the claim
Leo A. McCarthy attorney, request -
filed against the City of Dubuque
ing zoning reclassification of All
by William S. Peil be denied.
of Old Timers Supper Place except
Original claim is returned here-
the Northerly 180' thereof, from
Single Family Residence to planned
with.
R. N. Russo
unit multiple residence classifica-
City Attorney
tion. (Amending original petition
from Single Family to Multiple Re-
Mayor Thoms moved the recom-
ion of denial be received and
sidence). Mayor Thoms moved the
filed. Seconded by Councilman
filed.
petition be referred to the Planning
&Zoning Commission for proper
Lundh. Carried by the following
proceedings. Seconded by Council-
vote:man
Yeas — Mayor Thoms, Council-
Lundh. Carried by the follow -
men Brady, Justmann, Lundh, Stac•
ing vote:
Yeas — Mayor Thoms, Council -
s'
Nays —None.
men Brady, Justmann, Lundh, Stac-
Notice of Claim of Joseph D.
Doyle, in the amount of $196.00, for
kis.
Nays — None.
Petition of Mrs. Dorrance Pitz of
damage to a rock wall as the result
of being struck by a city owned gar-
347 Bluff St. objecting to immense
bage truck at 509 Chestnut Street
amount of traffic; tour busses as to
the emission of fumes;
on April 19th and 30th, 1974, pre-
Thoms
parking and
tours with school children have very
sented and read. Mayor
moved the Notice of Claim be re-
poor supervision; presented and
Thoms moved the pe -
ferred to the City Solicitor for pro-
per proceedings. Seconded by Coun-
read. Mayor
tition be referred to the City Mana-
Staff for consideration and
cilman Lundh. Carried by the fol-
ger and
report. Seconded by Councilman
lowing vote:
Yeas —Mayor Thoms, Council-
Lundh. Carried by the following
men Brady, Justmann, Lundh, Stac-
voYe as —Mayor Thoms, Council -
kis.
Nays —None.
men Brady, Justmann, Lundh, Stac-
Notice of Claim of Arthur C.
Tigges in the amount of $11.58 for
kis.
Nays —None.
Mrs. Billing -
a broken window which was brok
Communication of
ton Jr. objecting to the bus traffic
en as the result of rock and gravel
and lack of visiting children con.
being thrown into the window on
trol in the area of the 4th Street
April 30, 1974, by passing motorists,
presented and read. Mayor Thoms
d. mayor
presented and rea anon be
smote
moved the Notice of Claim be re-
Thom d the
to the City Manager and
ferred to the City Solicitor for pro-
referred
Staff for consi n and Lundh.
per proceedings. Seconded by Coun-
cilman Lundh. Carried by the fol-
Seconded by Ceoratic
following vote:
lowing vote:
Carried by the
298 Special Session, May 28, 1974
Yeas — Mayor Thome, Council-
men Brady, .lustmann, Lundh, Stac-
kis.
Nays — None.
Petition of Councilman Justmann
as to local use of Highway Trust
Funds, more particularly in the 4th
and 6th Streets area, presented and
read. Councilman Stackis moved
the petition be referred to Staff. Se-
conded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms. Council-
men Brady, Justmann, Lundh, Stac-
kis.
Nays — None.
Petition of Susan Yaeger et al
(34 signatures) objecting to the pro-
posed barricading of Washington
Street at 15th, 16th, 18th, and 19th
intersections, presented and read.
Councilman Lundh moved the pe-
tition be referred to the City Mana-
ger and Traffic Committee and
back to neighborhood Council. Se-
conded by Mayor Thoms. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac-
kis.
Nays — None.
Petition of Homer Craig indicat-
ing an interest to lease the land
from the City located between 91h
and 10th Streets between the Mil-
waukee and Northwestern Rail-
roads, presented and read. 1llayor
Thoms moved the petition be re-
ferred for consideration to Resolu-
tions of the East 4th Street Penin-
sula Area. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac-
kis.
Nays — None.
Petition of David L. Barnhart and
Pearl Seeley requesting a refund of
$211.25 on the unexpired portion of
Beer—Liquor License #C-5476, as
they have discontinued business on
March 15, 1974, presented and
read. Mayor Thoms moved the re-
fund be approved and the City Audi.
tor directed to issue proper war-
rant. Seconded by Councilman Stac.
Icis. Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac.
kis.
Nays — None.
RESOLUTION NO. 20474
WHEREAS, there has been de.
livered Warranty Deed of T. J. Mul.
grew Oil Company conveying to the
City of Dubuque, Iowa, the follow.
ing described real estate:
Lot 2 of Lot 1 of Henry Ziegler
Subdivision in City of Dubuque,
in Dubuque County, Iowa
and paid delivery of deed should be
approved and accepted.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the delivery of
Warranty Deed of T. J. Mulgrew
Oil Company conveying to the City
of Dubuque, Iowa the hereinabove
described real estate be and the
same is hereby approved and ac-
cepted for street purposes.
Section 2. That the City Clerk be
and he is hereby authorized and di-
rected to record said Warranty
Deed in the office of the Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 28th day of May, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac-
kis.
Nays — None.
Proof of Publication, certified
to by the Publisher, of Notice to
Contractors of the receipt of pro.
posals for the construction of the
City of Dubuque 1974 Asphalt Pav-
ing Project No. 1-1. Algona St.—
from the S.P.L. of Grace St. to the
N.P.L. of St. Joseph St.; 2. Asbury
Road—John F. Kennedy Rd. inter-
section, reconstruction and signali-
zaation; 3. Bicycle Path—from the
Terminal Street to the south end
of the floodwall; 4. Bluff St.—from
the S.P.L. of Eighth St. to the
S.P.L. of Jones Street; 5. Black.
hawk Dr.—from the S.P.L. of Fox
Dr, to the south end of the street;
Special Session, May 28, 1974 299
6. Fox Dr.—from the E.P.L. of suant to Resolution No. 157-74 and
Rockdale Rd. to the east end of notice to bidders published in a
the street; 7. I.oras Blvd.—Nowata newspaper published in said City
Street intersection reconstruction; on May 3, 1974 and May 10, 1974;
S. Meggan Dr.—from the E.P.L. of and
Bonson Rd, to the W.P.L. of Dove WHEREAS, said sealed propos,
Street; 9. Parking lot at the south- als were opened and read on May
east corner of Tenth and Bluff 23, 1974, and it has been deter -
Streets; 10. Princeton Place—from mined that the bid of Mulgrew
the E.P.L. of Devon Dr. to the Blacktop Company, Inc. of Du-
S.P.L. of Mineral St, 11. Stoneman buque, Iowa in the amount of
Rd—from the W.P.L. of John F. $177,668.05 was the lowest bid for
Kennedy Rd. to the W.P.L. of Lot the furnishing of all labor and
1.1.1.1 of Hawkeye Stock Farm; materials and performing the
12. East Twenty-fourth St.—from work as provided for in the plans
E.P.L. of Jackson St. to the C.G.W. and specifications; now therefore,
Railroad tracks; 13. East Twenty- BE IT RESOLVED by the City
ninth St. and Lawther Street— Council of the City of Dubuque
from the E.P.L. of Pinard St, to that the contract for the above
the S.P.L. of Brunswick St.; 14. mentioned improvement be award -
Woodworth St—from the N.P.L. ed to Mulgrew Blacktop Company,
of Clarke Dr. to the S.P.L. of Low- Inc. and the Manager be and he is
ell Street, presented and read. hereby directed to execute a con -
Mayor Thorns moved the proof tract on behalf of the City of Du -
of publication be received and buque for the complete perform -
filed. Seconded by Councilman ance, of said work.
Lundh. Carried by the following BE IT FURTHER RESOLVED,
vote: that upon the signing of said con -
Yeas — Mayor Thorns, Council- tract and the approval of the con -
men Brady, Justmann, Lundh, tractors bond the City Treasurer
Stackis. is authorized and instructed to re -
Nays — None. turn the bid deposits of the unsuc-
May 23, 1974 cessful bidders.
To the Honorable Mayor Passed and adopted this 28th
and City Council clay of May, 1974.
Pursuant to your instructions, Allan T. Thorns
sealed bids were received until James E. Brady
10:00 a.m. Thursday, May 23, 1974 C. Robert Justmann
for the City of Dubuque 1974 As- Emil Stackis
phalt Paving Project No. 1. The AlvinE. Councilmen
Attest:
Leo F. Frommelt
Lundh
lowest bid entered was entered by
Mulgrew Blacktop Company, Inc.
of Dubuque, Iowa; their bid was
10.110.1c/'10 under the estimate.
I recommend that the contract
for the improvement be awarded
to Mulgrew Blacktop Company,
Inc.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved the recom
mendation be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas —Mayor Thoms, Couno il-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
(Awarding Contract)
RESOLUTION NO. 205.74
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the City of Dubuque 1974
Asphalt Paving Project No. 1 pur-
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconde
oilman Lundh. Carried by the fo
d by Coun-
l-
lowing vote:
Yeas — MaylJusTmann, C
men Brady, Lundb,
Stackis.
Nays—None.
Proof of Publication, certified t
o
by the Publisher, of Notice to Co
tractors of the Receipt of Propo
n•
s-
als for the Construction of the City
of Dubuque 1974 Concrete Paving
with Integ al Curb Project No. 2--
1. Dodge Street Grandview Aven
intersection reconstruction a
Ile
nd
signalization; 2. Ninth Street —
from Eighth Street to Hill Street
and University Avenue intersec-
nd
tion reconsIucThomsremovted the
read. )y1aY
390 Special Session, May 28, 1974
proof of publication be received
and filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
May 23, 1974
To the Honorable Mayor
and City Council
Pursuant to your instructions,
sealed bids were received until
10:00 a.m. Thursday, May 23. 1974
for the City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No. 2. The only bid en-
tered was entered by the Flynn
Company, Inc. of Dubuque, Iowa;
their bid was 35.01% over the es-
timate.
I recommend that the bid for
the improvement be rejected, and
the project rebid.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the recom-
mendation be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Reordering Construction)
RESOLUTION NO. 206.74
BE IT RESOLVED by the City
Council of the City of Dubuque:
that pursuant to a resolution of
necessity No. 111-74 which was
duly passed by this Council, for
the Construction of City of Du-
buque 1974 Concrete Paving with
Integral Curb Project No. 2 be
and the same are hereby ordered
and constructed by this Council
upon its own motion and with or
without the petition of property
owners. All the work shall be con-
structed in accordance with the
plans and specifications heretofore
adopted and now on file in the of-
fice of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid. Pay-
ment will be to the contractor
from the utilities and Road Use
Tax Funds.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to re -
advertise for proposals for the
construction of the various im.
provements herein provided for
in the manner provided by law,
the said improvements shall be
completed on or before 90 days
after notice to proceed has been
issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 28th day of May, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 207-74
A Resolution Approving the De
Leuw, Cather & Company "Short -
Range Transit Planning Study"
as Presented by the Dubuque
Transit Board of Trustees.
WHEREAS, the Dubuque Tran-
sit Board of Trustees has investi-
gated the needs of the Keyline
Bus System; and
WHEREAS, in the course of the
investigation they have caused a
Short -Range Transit Planning Stu-
dy prepared by De Leuw, Cather
& Company, Consulting Engineers
(a copy of which is attached); and
WHEREAS, the Board of Tran-
sit Trustees has presented such
plan and recommended the find-
ings to the City Council.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa.
Section 1. That the De Leuw
Cather and Company report is ap-
proved and authorizes the Board
of Trustees to proceed with the
preparation of preliminary appli-
cation to the Urban Mass Trans-
portation Administration for fed-
eral capital grant funds.
Special Session, May 28, 1974 301.
Passed, approved and adopted
this 28th dayof May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman I.undh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
May 24, 1974
Honorable Mayor and
City Council
I submit for your consideration
a resolution authorizing the City
Manager to prepare a document.
for consultant investigation and
planned development of the East
Fourth Street Peninsula Area.
1 also submit a resolution re-
questing that building permits in
this area be withheld for a period
of ninety (90) days.
In support of these resolutions
I attach a copy of a letter from the
manager of the Dock Commission.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 208-74
A Resolution Stating an Intent
To Reexamine Land Use Plans
and Regulatory Policies Now in
Force in an Area Known as the
East Fourth Street Peninsula
Area and Directing the City
Manager to Take Appropriate
Action Toward Revision of Said
Plans and Policies.
WHEREAS, recent plans and im
provements, including completion
of the Dubuque floodwall, plannin
for Freeway 561 corridor, plan
ning for proposed Five Flags Civi
Center and the southward extc
Sion of the Town Clock Plaza hav
llilligi r
created a new and more vital in-
terest in the further development
of an area known as the East
Fourth Street Peninsula in the
City of Dubuque, Iowa; and
WHEREAS, such renewed inter-
est has been expressed by the Du-
buque Park Board, the Riverfront
Study Committee of the Dubuque
Chamber of Commerce, the Du-
buque Conservation Society, and
the U. S. Coast Guard Auxiliary,
and others, specifically as such in-
terest relates to the development
oY public access and recreational
facilities in the vicinity of the
north shore of the Dubuque Ice
Harbor; and
WHEREAS, the City of Dubuque,
Dubuque County Metropolitan
Area Planning Commission, and
the Iowa State Highway Commis-
sion have commenced efforts
toward planning and design of
certain major roadway improve-
ments within the general area of
the East Fourth Street peninsula;
and
WHEREAS, it is the duty of the
City Council of the City of Du-
buque, Iowa in consultation with
the Planning and Zoning Commis-
sion and pursuant to powers and
responsibilities set forth in Chap-
ter 373 and Chapter 414 of the
Code of Iowa 1973, to plan for
and secure the most appropriate
use of land throughout the com-
munity and to provide that the
public welfare shall be served
thereby.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the City Council
of the City of Dubuque, Iowa here-
by expresses its intent to cause a
reexamination of land use plans
and policies now in force in an
area known as the East Fourth
Street Peninsula, being an area
bounded on the south by the Du-
buque lee Harbor, on the west by
the tracks of the Chicago -Milwau-
kee and St. Paul Railroad, on the
northwest by Ninth Street and
Kerper Boulevard, on the north-
east by Dove Harbor and on the
east by the Mississippi River, and
that such reexamination shall be
g made in the view that possibilities
for new development may bore
c supportive of the public welfare
n. and common good of the commun-
e ity and region.
302 Special Session, May 28, 1974
Section 2. That the City Mana-
ger be and is hereby directed to
prepare a Scope of Study and oth-
er appropriate documents setting
forth the assignment of responsi-
bilities and direction of effort for
consultant -aided investigation of
plans, policies and projects, which
shall be formulated to:
a. Review current use and de-
velopment potential of land, for
purposes of determining the most
appropriate use of public and pri-
vate property in the area of the
East Fourth Street Peninsula
above described, including but not
limited to proposals for public
access or recreational development
therein.
b. Review of current plans for
roadway development and traffic
access in the East Fourth Street
Peninsula, for the purpose of de-
termining the feasibility and de-
sirability of revised thorough-
fare plans in said area.
c. Review of railroad facilities
and operations in the area for the
purpose of determining the feasi-
bility and desirabily of modifying
such facilities to achieve improved
operations and/or land -use pat-
terns in said area.
d. Propose methods, schedules,
and plans for acquisition or dis-
position of property, for design,
financing and installation of ap-
propriate facilities and improve-
ments, and for appropriate regula-
tory policies to be applied in said
area.
Section 3. That the Board of
Dock Commissioners of the City
of Dubuque is hereby requested
to consult with the City Manager
and City Council in guiding the ef-
forts and objectives herein set
forth.
Passed, approved and adopted
this 28th day of May, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 209.74
A Resolution establishing a Mor•
atorium on the issuance of build•
ing permits within the area
hereinafter described in the City
of Dubuque, Iowa; establishing
the duration of said Moratorium;
and setting forth such purposes
as shall be served thereby.
WHEREAS, the City Council of
the City of Dubuque, Iowa has, by
virtue of its Resolution No. 208-74,
declared its intent to reexamine
land use patterns and regulatory
policies currently in force in an
area generally known as "the East
Fourth Street Peninsula Area";
and
WHEREAS, the City Council of
the City of Dubuque, Iowa, pursu-
ant to the aforesaid Resolution No.
208.74, has directed that efforts
now be commenced to develop
new plans and policies for said
area; and
WHEREAS, new construction
undertaken subsequent to the pas-
sage of Resolution No. 208-74 may
be found to be incompatible with
development goals and policies as
may be adopted pursuant to such
efforts now commenced:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa.
Section 1. That there shall
henceforth be a moratorium on
the issuance of building permits
within the area described as "the
East Fourth Street Peninsula, be-
ing an area bounded on the south
by the Dubuque Ice Harbor, on
the west by the tracks of the Chi-
cago-MUwaukee and St. Paul Rail-
road, on the northwest by Ninth
Street and Kerper Boulevard, on
the northeast by Dove Harbor and
on the oast by the Mississippi Riv-
er" in the City of Dubuque, Iowa,
according to recorded plats there-
of.
Section 2. That the Building
Commissioner be and he is here.
by directed to withhold issuance
of building permits, not including
plumbing permits or electrical
permits, and to hereinafter stay
the issuance of said building per-
mits for a period of ninety (90)
days.
Special Session, May 28, 1974 303
Passed, approved and adopted Councilman Stackis moved adop-
t.his 28th day of May. 1974. tion of the resolution. Seconded by
James E. Brady Councilman Lundh. Carried by the
C. Robert. Justmann following vote:
Alvin E. Lundh Yeas — Mayor Thoms, Council -
Councilmen men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
RESOLUTION NO. 211.74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "B" BEER PERMIT
Phillip T. Langas, dba, Phil's Pizza
and Chicken Rut, 1105 Loras
Blvd.
Passed, adopted and approved
this 28th day of May 1074.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution as amended.
Seconded by Councilman Lundh.
Carried by the following vote
yeas --.Councilmen Brady, lust -
mann, Lundh.
Nays — Mayor Thoms, Council-
man Stackis.
RESOLUTION NO. 210.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City ofDubu sell
Iowa, be granted a permit o
Cigarettes and Cigarette Papers
within said City. #389 1387
Site Service Station
Dodge Street
Martin C. Westerfield, 280 Locust
Street
Martin C. and Esther H. Wester-
field, 2175 Central Avenue Attest:
The Great Atlantic and Pacific Leo F. Frommelt
Tea Co., 3333 Asbury Road Citv Clerk
Walgreen Company, 555 J. F. Ken- Councilman Stackis moved adop-
nedy Road tion of the resolution. Seconded by
Lucky Stores, Inc., Eagle Store Councilman Lundh. Carried by the
»109, 200 South Locust Street following vote:
Lucky Stores, Inc., Eagle Store Yeas — MayJusGnnnn' Council'
#130, 1800 Elm Street men Brady,
Lucky Stores, Inc., Eagle Store Stackis.
#144, 3033 Asbury Street Nays—None.
Lucky Stores, Inc., May's Drug RESOLUTION NO. 212.74
Store #204, 3049 Asbury Road WHEREAS, applications for
Hartig Drug Co., 700 Main Town Beer Permits were
filedby the
and they
Clock Plaza within named applicantsroyal of this
Hartig Drug Co.. 22nd and Central have received the app
Avenue Council; and
Hartig Drug Co., 97 Locust Street WHEREAS, the preisesto be
Hartig Drug Co., 2255 J.F.K. Road occupied by such applicants
BE IT FURTHER RESOLVED inspected and found to comply
that the bonds filed with the ap- with the Ordinances of this City
and they have filed proper bonds;
plications be approved.
Passed, adopted and approved SOLVED OW
b ERhO Y Councilof
this 28th day of May 1974.
Allan T. Thoms the City of Dubuque, Iowa, that
Mayor the Manager be authorized to
James E. Brady cause to be is ica is at Beer he follow-
James
Stackis ing named app
Alvin E. Lundh mit.
Councilmen CLASS "B" BEER PERMIT
Pizza
Phind I - -a- Chicken" 11015 s I.oras
Blvd.
Attest:
Leo F. Frommelt
City Clerk
304 Special Session, May 28, 1974
Passed, adopted and approved
this 28th day of May 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 213.74
WHEREAS, applications for
Liquor Licenses have been sub-
mitted to this Council for approval
and the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provi-
sions of Chapter 131, Acts of the
First Regular Session, 64th Gen-
eral Assembly.
CLASS "A" (CLUB) 'BEER
AND LIQUOR LICENSE
Dubuque Golf & Country Club,
End of Randall Place
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Fischer & Company, Inc., dba,
Fischer Bowling Lanes, 880 Lo.
cust Street
Passed, adopted and approved
this 28th day of May 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 214.74
WHEREAS, applications for Li-
quor Licenses were filed by the
within named applicants and they
have received the approval of
this Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap.
plicants a Liquor License.
CLASS "A" (CLUB) BEER
AND LIQUOR LICENSE
Dubuque Golf and Country Club,
End of Randall Place
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Fischer & Company, Inc., dba,
Fischer Bowling Lanes, 880 Lo.
cust Street
Passed, adopted and approved
this 28th day of May 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
The following were appointed by
the Mayor to the Mayor's Indus-
trial Development Advisory Com-
mittee: Mayor, Allan T. Thoms;
City Manager, Gilbert D. Chave-
nelle; City Councilman, Alvin E.
I.undh; Industrial Bureau, Robert
Dorothy; Dock Commission, Wm.
McEllhiney; Planning & Zoning,
Wm. Knapp; Labor, Robert Runde;
Environment, Ed Kahle; Board of
Supervisors, Ray Scherrman.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Lundh. Carried by the following
vote:
Special Session, May 28, 1974 305
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, I
stackis.
Nays—None.
Leo F. Fronimelt
City Clerk
September ember ..1....6...
1974
Approved September 16 1974
Adopted September 16 1974
Regular Session, June 3, 1974 307
CITY COUNCIL
OFFICIAL
Regular Session, June 31 1974.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this is the
REGULAR MONTHLY
Mf of ng
MEETING
for the puree
upon such business as may proper-
ly come before the meeting.
ev. Robert Odden was present-
ed with the Fire Department
Chaplain Coat.
Communication of Iowa Depart-
ment of Environmental Quality
submitting Permit No. 74-82W,
Aurora & Admiral Streets Water
Main Extension, Mettel Byrne Sub.
& approving sanitary and function-
al features, presented and read.
Councilman Justmann moved the
commmunication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Low Rent
Housing Commision submitting
minutes of their meeting of May
28th, presented and read. Council-
men Lundh moved the communica-
tion be received and filed. Second-
ed by Mayor Thoms. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 215-74
May 31, 1974
stops at Chicago, Aurora, Rochelle,
Oregon, Savanna, East Dubuque,
Prairie du Chien, LaCrosse, Wi-
nona, and the Twin Cities.
It. is our feeling that a Zephyr
run between Minneapolis -St. Paul,
and Chicago would provide a val-
uable transportation link for a
considerable number of people in
the tri-state area who are unable
to avail themselves to other mass
transportation possibilities. Histori-
cally, the support of the tri-state
area for the Burlington Zephyr
was excellent and the general pub-
lic now indicates that same sup-
port. It might also be. noted that
we are a major higher education
center for the tri -states as we have
three colleges, Clarke, Loras and
the University of Dubuque. All of
these schools have large numbers
of students coming from areas to
be serviced by a Burlington Zephyr
route.
BE IT THEREFORE RESOLVED.
that the Dubuque City Council
urges your development of the
Burlington Northern from Chicago
to the Twin Cities.
Allan T. Thoms
Mayor
C. Robert. Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved the
communication be received and
filed and adoption of the resolu-
tion. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 29, 1974
Honorable Mayor and
City Council
I am returning the petition of
Schlitz Development Corporation
requesting the installation of
eleven street light standards on
Clifford and Lagen Streets.
The area has been investigated by
the electrical inspector and it is
recommended that eleven
fixturesv
watt mercury vapor type
on metal standards be installed at
the following locations:
Mr. Roger Lewis
President of Amtrak
Washington, D.C.
We, the undersigned members
of the City Council of Dubuque,
are interested in the institution of
Amtrak service between Chicago
and the Twin Cities, (Minneapolis
and St. Paul), via the Burlington
Northern route formerly known as
the "Zephyr". The train would
make north bound and south bound
308 Regular Session, June 3, 1974
Clifford Street
1. On easement between Lots 19
and 20
2. On easement between Lots 22
and 23
3. On easement between Lots 43
and 44
5. On easement between Lots 28
and 29
6. On easement betwen Lots 37
and 38
6. At the intersection of Clifford
Street and Hillcrest Road
Lagen Street
7. On easement between Lots 14
and 15
8. On easement between Lots 9
and 10
9. On easement between Lots 54
and 55
10. On easement between Lots 3
and 4
11. At the intersection of Lagen
Street and Hillcrest Road
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved the
communication be received and
filed and the recommendation be
approved. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 29, 1974
Honorable Mayor and
City Council
Attached is a letter and specifi-
cations from Chief Dunphy for
the purchase of a 1250 GPM Fire
Pumper. I recommend that we re-
quest bids on this equipment im-
mediately.
Respectfully,
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed
and the City Manager be author-
ized to receive bids and alternate
of a nozzle. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays — None.
May 30, 1974
Honorable Mayor and
Members of the City Council
I have approved the Continua-
tion Certificate of .James G. Becker
for sidewalk construction bond is.
sued by the Western Surety Co.,
Bond No. 5264304, dated January
22, 1974 and desire to have your
approval of same.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed
and filing approved subject to ap•
proval of City Attorney. Seconded
by Councilman ,Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 29, 1974
Honorable Mayor
and City Council
On May 15, 1974, Hugh L.
Stouse, of 2030 Alta Vista, filed
claim against the City of Dubuque
in the amount of $40.69 and al-
leging said damages occurred to
his motor vehicle on May 13, 1974
as the result of striking a rock
lying in the street near Kirkwood
and Blake Streets in the City of
Dubuque, Iowa.
This matter was referred to the
City Attorney who made an in-
vestigation thereof and finds no
liability on the part of the City of
Dubuque, and accordingly, it is
the recommendation of the City
Attorney that said claim of Hugh
L. Stouse be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved approval of
the recommendation. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 29, 1974
Honorable Mayor
and City Council
On May 15, 1974, Laura C.
Hendricks (Mrs. Wm.) of 888 South
Grandview, this city, filed claim
Regular Session, June 3, 1974 309
against the City of Dubuque, Iowa
in the amount of $124.90 claiming
damages arising out of striking an
alleged protruding corner of a
sewer cover while mowing the
lawn and thereby allegedly damag-
ing said mower beyond repair, the
amount of damages claimed being
full replacement costs for a new
mower.
This matter was referred to the
City Attorney who has made an
investigation thereof and finds no
liability on the part of the City
of Dubuque, and accordingly, it is
the recommendation of the City
Attorney that the claim of Mrs.
Hendricks be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved the recom-
mendation be approved. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms,
Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
May 30, 1974
=,Y,ey for delivery upon receipt of
executed releases.
Original claim is returned here-
with.
R. N. Russo
City Attorney
'.Mayor Thoms moved the recom-
mendation be approved and the
City Auditor be instructed to issue
proper warrant. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of
Record and Hearing and Certifi-
cate to amend the current budget,
presented and read. Mayor Thoms
moved the proof of publication be
received and filed. Seconded by
Councilman Luudh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Honorable Mayor
and City Council
On May 8, 1974, Ralph C. Elley,
Jr., of 510 Primrose, Dubuque,
Iowa, filed claim against the City
of Dubuque in the amount of
$53.40 claiming damages to a tire
and rim of his motor vehicle which
allegedly occurred on May 8, 1974
as the result of striking a cracked
manhole cover in the street at a
point near Primrose and Keokuk
Street in the City of Dubuque,
Iowa.
This matter was referred to the
City Attorney who has made an
investigation thereof, has checked
with the City of Dubuque Street
Department and conferred with
the claimant. Said claimant has
made an offer of settlement of his
claim in the amount of $40.00 and
it is the recommendation of the
City Attorney that said offer of
settlement be accepted and that
the City Auditor be instructed to
draw warrant payable to Ralph C.
Elley, Jr. in the amount of $40.00
and transmit same to the City At-
ORDINANCE NO. 38.74
An Ordinance Amending the
Budget by Ordinance 1.74 and
Repealing Ordinance 25.74.
said Ordinance having been pre-
viously presented and read at the
Council meeting of May 13, 1974s
presented for Final Adoption.
ORDINANCE N0. 38.74
AN ORDINANCE AMENDING THE
BUDGET AS APPROVED BY ORDI-
NANCE 1-74 AND REPEALING OR-
DINANCE 25-74.
WHEREAS, IT IS NECESSARY TO
AMEND THE CURRENT BUDGET TO
PROVIDE APPROPRIATIONS TO
COMPLETE PRIOR YEARS PROJECTS
AND IMPROVEMENTS.
NOW, THEREFORE, BE IT OR-
DAINED By THE CITY THE CITY OF DUBUQUE, IOWOIL F
A:
That the unexpended cash balances on
hand at the close of the preceding fiscal
year and revenues not appropriated in
the original budget approved by Ordinance
1-74, are hereby allocated and appropri-
ated for payment of necessary espendi-
tures of city government in the following
funds and amounts; and to that end the
appropriations of funds aro hereby au-
thorized to wit:
310 Regular Session, June 3, 1974
Fund Increased AQQrohrialions
General $ 40,342.00
Street 18,386.00
Road Use Tax 349,777.00
Public Safety 30,188.00
Sanitation 24,900.00
Refuse 45,000.00
Sewage Rental 55,394.00
Airport 12,889.00
Dock 1,417.00
Library 4,823.00
Water 34,363.00
Lighting 31,795.00
Recreation 9,203.00
Golf t,,665.00
Park 22,009.00
Revenue Sharing 429,518.00
Trust and Agency 52,035.00
TOTAL
Increased Appropriation S1,168,704.00
Passed, adopted and approved this 3rd
day of June 1974.
Alan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald newspaper this 6th day of June,
1974.
Leo F. Frommelt
City Clerk
It. 6-6.
Mayor 'Thoms moved final adop-
tion of the ordinance. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Verbal Petition by Councilman
Stackis requesting reconsideration
of the Citizens Advisory Commis-
sion request for survey funds, pre.
sented. Councilman Stackis moved
motion to reconsider be approved.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
Mayor Thoms moved questions
16 to 36 in the survey be recon-
sidered by the Commission. Sec.
onded by Councilman Lundh, Car-
ried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
Petition of Steve Miller et al re-
questing the City to provide a
facility to be used for off-road ve.
hicle riding, such as mini -bikes,
motorcycles and snowmobiles, pre.
sented and read. Councilman
Stackis moved to suspend the rules
to let anyone present address the
Council if they so desire. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Bud Gatena and Eldon Wilwert
addressed the Council requesting
consideration of an area around
the airport, realizing that F.D.R.
Park is not available. Mayor Thoms
moved the petition of Steve Miller
et al be referred to the Airport
Commission for study and report,
Seconded by Councilman Just.
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays — None.
Petition of Councilman Lundh
requesting Council permission to
attend a NAHRO conference on
neighborhood preservation and
Housing Rehabilitation at Denver,
Colo., July 15, 16, & 17th, present-
ed and read. Mayor Thoms moved
Permission be granted to Council-
men Lundh and Stackis. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Fondell & Sons Inc.,
requesting permission to excavate
at intersection of Woodrow & Hill-
crest Drive for water line connec-
tion, presented and read. Mayor
Thoms moved the petition be ap-
proved. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Peoples Natural Gas
requesting permission to excavate
at 2009 Rhomberg Avenue to pro-
vide service to a new customer,
presented and read. Mayor Thoms
moved the petition be approved.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor 'Thoms, Council-
Regular Session, June 3, 1974 311
Brady, Justmann, Lundh, tax
be and is hereby levied on the
men
Stackis. several lots, and parts of lots, and
Novs — None.
parcels of real estate all as named,
Petition of Leo A. McCarthy at- situated and owned, and for the
torney, requesting permission to several amounts set opposite each
the Council in behalf of lot or parcel of real estate, as set
address
Michael Clemens & Clemens Bev- forth in the following schedule
erage Inc. as to the construction
4th Street Extension
between East 3rd
Sanitary Sewer
of a warehouse
and East 4th Streets, presented William Miller, All 4th
and read. Mayor Thoms moved the
Street Place ..................$ 2,135.57
be received and filed and
The Aspermont Com -
petition
referred to the City Manager for
pany, (Leased to Pick -
report in two weeks. Seconded by
ett Co.), 1-13, Dubuque
Councilman Lundh. Carried by the
Harbor Improvement
following vote:
Blk. 5 ............................ 300.32
Yeas — Mayor Thoms, Council-
The Aspermont Com -
men Brady, Justmann, Lundh,
pany, (Leased to Pick-
Stackis.
ett Co.), 1-14, Dubuque
Nays — None.
Harbor Improvement
262.18
Attorney McCarthy agreed to
Blk, 5 ............................
wait for the report in two weeks.
The Aspermont Com -
Proof of Publication, certified
pany, (Leased to Pick -
to by the Publisher, of Notice of
ett Co.), 1-9, Dubuque
Levy of Special Assessment and
Harbor Improvement 487.89
Intention of the Council to issue
Blk. 5 ............................
Bonds to for the construction of
The Aspermont Com -
East 4th Street Extension Sanitary
pany, (Leased to Pick -
Sewer 1973, presented and read,
ett Co.), 1-8, Dubuque
No written objections were filed
Harbor Improvement
343.22
and no oral objectors were present
Blk. 5 ............................
in the Council Chamber at the
The Aspermont Com -
to Pick -
time set for the public hearing.
Mayor Thoms moved the proof of
pany, (Leased
ett Co.), 1-7 Dubuque
publication be received and filed.
Harbor Improvement
343
Seconded by Councilman Lundh.
Carried by the following vote:
Blk, 5 ............................ .22
The Aspermont Com -
Yeas — Mayor Thoms, Council-
pany, (Leased to Pick -
men Brady, Justmann, Lundh,
ett Co.), 6, Dubuque
Harbor improvement
Stackis.
Blk. 5 182.07
Nays — None.
Statement of City Clerk certify-
............................
The Aspermont Com-
ing that notices of levy were
pany, (Leased to Pick -
Co.), 1-10, Dubuque
mailed by certifed mail on May
ett
Harbor Improvement
9, 1974, to property owners of
Blk. 5 352.75
record subject to payment of East
Sanitary
............................
The Aspermont Com -
4th Street Extension
Sewer 1973, presented and read,
pany, (Leased to Pick -
Mayor Thoms moved the statement
ett Co.), 1-11, Dubuque
Improvement
be received and filed. Seconded by
Harbor
352.75
Councilman Lundh. Carried by the
Blk. 5 ...•.......••.
The Aspermont COM
following vote:
(Leased to Pick -
Yeas — Mayor Thoms, Council-
pany,
ett Co.), 1-12 Dubuque
men Brady, Justmann, Lundh,
Harbor Improvement
Stackis.
Blk. 5 ............................352.75
Nays —None.
The Aspermont CUM -
RESOLUTION NO. 216.74
pany (Leased to Pick -
Schedule of Assessments
ett Co.), All, Vacated 381.35
RESOLVED by the City Council
Alley (southside) ........
Com -
of the City of Dubuque, Iowa: That
The Aspermont
(Leased to Pick-
to pay for East 4th Street Exten-
pany,
Co.), All, Vacated
sion Sanitary Sewer, by Tschiggfrie
ett
Street (south-
Excavating Contractor, in front of
Pine 858.04
and adjoining the same, a special
side) ..............................
312 Regular Session,
June 3, 1974
The Aspermont Com-
Harbor Improvement
pany, (Leased to Pick-
Blk. 26
ett Co.), 1-22, Dubuque
..........................
Interstate Power Com.
238.35
Harbor Improvement
pany, 2-22, Dubuque
Blk. 6 ............................
343.22
Harbor Improvement
The Aspermont Com-
Blk. 26 ..........................
333.88
pany, (Leased to Pick-
Interstate Power Com-
ett Co.), 1.23, Dubuque
pany, 2-23, Dubuque
Harbor Improvement
Harbor Improvement
Blk. 6 ............................
343.22
Blk. 26..........................
333.68The
Aspermont Com-
Interstate Power Com-
pany, (Leased to Pick-
pany, 2-24, Dubuque
ett Co.), 1.24, Dubuque
Harbor Improvement
Harbor Improvement
Blk. 26 ......................
238.35
Blk. 6...........................
343.22
City of Dubuque, 1, Pub -
The Aspermont Com-
lic Square
1016.78
pany, (Leased to Pick-
City of Dubuque, 1-1.7,
ett Co.), 1-21, Dubuque
Dubuque Harbor Im-
Harbor Improvement
provement Blk. 22
343.22
6 ............................
352.75
City of Dubuque, 1-8,
The Aspermont Com-
Dubuque Harbor Im-
pany, (Leased to Pick-
provement Blk. 22
343.22
ett Co.), 1-20, Dubuque
....
City of Dubuque, 1.9,
Harbor Improvement
Dubuque Harbor Im.
Blk. 6 ............................
The Aspermont Com-
352.75
provement Blk. 22
City of Dubuque, 1.1-29,
28.60
pany, (Leased to Pick-
Dubuque Harbor Im-
ett Co.), 1-19, Dubuque
provement Blk. 22
219.28
Harbor Improvement
....
City of Dubuque, 1.1.28,
Blk. 6 ............................
352.75
Dubuque Harbor Im.
The Aspermont Com-
provement Blk. 22 ....
333.68
pany, (Leased to Pick-
City of Dubuque, 1-27
ett Co.), 1-18, Dubuque
Dubuque Harbor Im-
Harbor Improvement
Blk. 6
provement Blk, 22 ....
333.68
............................
City of Dubuque, 1.1,
286.01
City of Dubuque, 1.26,
Dubuque Harbor Im.
Dubuque Harbor Im-
provement Blk. 6 ......
314.62
provement Blk. 22 ....
57.20
City of Dubuque, 1-2
City of Dubuque, 1-1-16,
Dubuque Harbor Im-
Dubuque Harbor Im-
provement Blk. 6 ......
190.68
provement Blk. 26 ......
343.22
City of Dubuque, %,
City of Dubuque, 1-17,
Vacated Alley (north.
Dubuque Harbor im-
side) ...............................•
200.21
provement Blk. 26 ......
333.68
The Aspermont Com-
City of Dubuque, 1-18,
PanY, %, Vacated Al.
Dubuque Harbor Im-
ley (northside) ............
200.21
provement Blk. 26 ......
181.14
The Aspermont Com
PanY, All, Vacated
$16,309.02
Tower Street (south-
aide)
1,208.5 lin, ft. 8" VTP C
................................
The Aspermont Com-
848.51
$6.25 .....$
.........................
8,003.13
PanY, 5, Dubuque Har-
28.41 lin. ft. Manhole
bor Improvement Blk.
sidewall @ 30.00 ........
852.30
3 ......................................
38.14
7 no. of Manhole bases
The Aspermont Com-
@ 80.00 ........................
560.00
pany, 4, Dubuque Har-
7 no, of Manhole Ring
bor Improvement Blk.
and Cover Q 70.00 ....
490.00
3 ......................................
The Aspermont Com-
762.71
68.4 lin. ft. Curb &
Gutter replacement C ,
pany, 3, Dubuque Har.
10.00
684.00
bor Improvement Blk,
..............................
3
1,209.60 sq, ft. Sidewalk
"""' • ...............
Interstate Power
381.35
replacement C 1.00 ....
1,209.60
Coni-
PanY, 2.21, Dubuque
685.0 sq. yd. Seeding 64
0.60
Regular Session, June 3, 1974 813
I Lump Street replace- 2637 98
ment 04 2,637.98 .......
Construction Cost ......$14,848.01
Engineering & Inspec-
tion •• 145.07
••••••••••••• 1,315.94
7% - 52 days ..............
project Cost ............$16,309.02
Assessable $16,309.02
All of which is assessed in pro-
portion of special benefits con-
ferred.
Passed, adopted and approved
this 3rd day of June 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
hearing to consider proposal to
issue sewer bonds to pay for as-
sessed cost of constructing the
East 4th Street Extension Sani-
tary Sewer 1973, presented and
read.
No written objections were filed
and no oral objectors were pres.
ent in the Council Chamber at
the time set for the public hear-
ing. Mayor Thoms moved that th
proof of publication be receive
and filed. Seconded by Council
man Lundh. Carried by the fol
lowing vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lund
Stackis.
Nays—None.
buque, Iowa for the improvements
hereinafter described has been
completed and the City Manager
has certified the completion there-
of to the City Council and the
City Council has ascertained the
cost thereof and has determined
that $12,069.81 Dollars of the cost
thereof shall be assessed against
the property subject to assessment
therefor; and
Whereas public notice, as pro-
vided by law, has been published
by the City Clerk stating the in-
tention of the City Council to issue
bonds for the purpose of provid-
ing for the payment of the as-
sessed cost of said improvement and
a public hearing has been held, pur-
suant to such notice and all objec-
tions made. thereto have been Con-
sidered and determined:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque:
1. That to provide for the pay-
ment of the assessed .cost of City
of Dubuque 1973 East 4th Street
Extension Sanitary Sewer there
shall be issued sewer bonds in the
amount of $10,000.00 Dollars in an.
ticipation of the deferred payment
of assessments levied for such im.
provement.
2. Such bonds shall he.called sew-
er bonds; and shall bear the date
of June 1, 1974; and shall be num-
bered consecutively; and they.shall
be numbered, divided into series,
and be in such denominations and
for such maturity dates as are shown
in the following table:
Series No. 1, Bond No. 1, Denom-
ination $1,000.00, Maturity April 1,
e 1975
d Series No. 2, Bond No. 2, Denom-
ination $1,000.00, Maturity April 1,
1976
Series No. 3, Bond No. 3, Denom-
ination $1,000.00, Maturity April 1,
1977
Series No. 4, Bond No. 4, Denom-
ination $1,000.00, Maturity April 1,
RESOLUTION NO. 217-14
is-
1978
Series Bow
April
Resolution providing for the
the
. Maturity 1,
ination $1,000.00,
suance of sewer bonds for
,0
purpose of providing for the
payment of the assessed cost
1979
Series No. 6, Bono. 6 Aenom-
pril 1,
of City of Dubuque 1973 East
ination $1,000.00,a
4th Street Extension Sanitary
1980.
Series No. 7, Bond No. 7, Denom.
Sewer,
$1,000.00, Maturity April
Whereas the contract heretofore
ination
entered into by the City of Du-
1981
314 Regular Session, June 3, 1974
Series No. 8, Bond No. 8, Denom-
ination $1,000.00, Maturity April 1,
1982
Series No. 9, Bond No. 9, Denom-
ination $1,000.00, Maturity April 1,
1983
Series No. 10, Bond No. 10,
Denomination $1,000.00, Maturity
April 1, 1984
3. Said bonds shall bear interest
at the rate of six per cent per an-
num, payable annually in accord-
ance with coupons thereto attached:
4. Said bonds shall not make the
City of Dubuque liable in any way,
except for the app,'ication of said
special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No. ........................................................
SeriesNo .............................................
CITY OF DUBUQUE
Sower Bond
The City of Dubuque in the State
of Iowa promises to pay as here-
inafter mentioned to the bearer
hereof, the sum of 1 thousand dol-
lars with interest thereon at the
rate of six per cent per annum, pay-
able annually, on the presentation
and surrender of the interest cou-
pons hereto attached. Both princi-
pal and interest of this bond are
payable at the office of the City
Treasurer in the City of Dubuque,
in the State of Iowa. This bond is
issued by the City of Dubuque un-
der and by virtue of Chapter 396
of the 1973 Code of Iowa, as amend-
ed, and the Resolution of said City
duly passed on the 3rd day of June,
1974, being Resolution No. 217-74.
This Bond is one of a series of 10
bonds, all for $1,000.00 numbered
from 1 through 10, all of like tenor
and date, and issued for the pur-
pose of providing for the deferred
Payment of assessments levied for
the City of Dubuque 1973 East 4th
Street Extension Sanitary Sewer as
described in said Resolution, in said
City, which cost is payable by the
abutting and adjacent property
along said improvements and is
made by law a lien on all of said
property. It is payable only out of
the Special Assessment Fund 1301
created by the collection of said
special tax, and said fund can be
used for no other purpose.
It is hereby certified and recited
that all the acts, conditions and
things required to be done, prec.
edent to and in issuing this series
of bonds, have been done, hap.
pened, and performed, in regular
and due form, as required by law
and said Resolution, and for the
assessment, collection and payment
hereon of said special tax, the full
faith and diligence of said City of
Dubuque are hereby irrevocably
pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council has
caused this bond to be signed by
its Mayor and countersigned by its
City Clerk and the Seal of said City
to be thereto affixed, this 3rd day
of June, 1974.
(SEAL)
Mayor
City Clerk
(Form of Coupon)
On the ............ day of ............. the
City of Dubuque, Iowa, promises to
Pay to the bearer, as provided in
said bond, the sum of ................ Dol.
lars, in the office of the City Treas-
urer in the City of Dubuque, being
........ months' interest due that date
on its ................ Bond No.
........
dated...........................................
Mayor
City Clerk
6. That the Mayor and City Clerk
be and they are hereby instructed
to cause said bonds to be prepared
and when so prepared to execute
said bonds and that the C7ty Clerk
be and he is hereby instructed to
register said bonds in a book kept
for that purpose and to then deliver
them to the City Treasurer.
7. That the City Treasurer is here-
by instructed to sell said bonds in
the manner provided by law, the
proceeds of said sale to be placed
in a special fund to he known as
Special Assessment Fund 1301 and
paid out by him to pay the cost of
said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the May-
or and countersigned with the fac-
simile signature of the City Clerk.
9. That as fast as funds allow,
beginning with the second year af-
ter the payment of interest due,
Regular Session, June 3, 1974 315
these bonds shall be called and re-
tired in the same order as num-
bered. The notice of election to call
these bonds shall be given by Reg-
ular United States Mail addressed
to the last known address of the
purchaser.
10. Passed, adopted and approved
this 3rd day of June, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cil Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays --None.
Proof of Publication, certified
to by ".,e Publisher, of Notice of
Sale of Project Notes for Urban
Renewal, presented and read.
Mayor Thoms moved the proof of
publication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
man Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION No. 218.74
Authorizing the Sale, Issuance
and Delivery of Project Notes
in the Aggregate Principal
Amount of $1,490,000 and the
Execution of Requisition Agree-
ment No. 3-74 in connection with
the Downtown Urban Renewal
Project, Project No. Iowa R-15.
WHERAS, the City of Dubuque
(herein called the "Local Issuing
Agency') has entered into one or
more contracts (which, together
with any supplements thereto 0
amendments or waivers of an
provisions thereof, are herein
called the "Contract") with th
United States of America (herein
called the "Government", provid
ing for a loan by the Governmen
to the Local Issuing Agency fo
financing the urban renewal, low
rent housing or redevelopmen
project(s) described in the Con
tract. and herein called the "Pro-
ject"; and
WHEREAS, pursuant to adver-
tisement for the receipt of pro-
posals for the purchase of the
Third Series 1974 of Project Notes
(herein sometimes called "New
Project Notes") of the Local Is-
suing Agency aggregating $1,-
490,000, which appeared in a No-
tice of Sale published on May 7,
1974, and May 14, 1974, in The
Telegraph Herald in the City of
Dubuque, Iowa, and in The Daily
Bond Buyer in the City of New
York, New York, proposals for the
purchase of the New Project Notes
in the form approved by the Local
Issuing Agency were received,
opened, and canvassed at the time
and place mentioned in said ad-
vertisement, to wit: at Council
Chambers, City Hall, 13th and
Iowa in the City of Dubuque, Iowa
52001 at one o'clock P.M. E.D.S.T.
on May 21, 1974, which proposals
are as follows:
Name of Bidder: Bank of America
N.T. & S.A., Bankers Trust Com-
pany. Interest Rate: $5.71%.
Principal Amount: $1,490,000.
Premium: $33.00.
Name of Bidder: Salomon Broth.
ers, Morgan Guaranty Trust Co.
of New York. Interest Rate:
5.71%. Principal Amount: $1;
490,000. Premium: $39.00.
Name of Bidder. First National
City Bank & Associates. Interest
Rate: 5.80`1. Principal Amount:
$1,490,000, Premium: $35.00.
Name of Bidder: Continental Na-
tional Bank and 'frust Company
of Chicago. Inturest Rate: 5.82%.
Principal Amount: $1,490,000.
Premium: $17.00.
Name of Bidder: First National
Bank of Boston, Lehman Broth-
ers, Inc, Interest Rate: 5.95%.
Principal Amount: $1,490,000.
Premium: $37.00.
NOW THEREFORE, BE IT RE,
SOLVED BY THE CITY COUNCIL
r OF THE CITY OF DUBUQUE:
y Section 1. The aforesaid publi•
cation of the Notice of Sale and
e the form and contents thereof as
so published are hereby, in all
respects, approved, ratified and
t confirmed.
r Section 2• In order
incurredode
r
funds to Pay expenses
t to be incurred in the development
of the Project, or to refund, re-
316 Regular Session, June 3, 1974
new or extend its oustanding
Notes issued in connection there-
with, the Local Issuing Agency
hereby determines to borrow the
sum of One Million Four Hundred
Ninety Thousand Dollars ($1,490,-
000) and issue its negotiable Pro-
ject Notes therefor.
Section 3. The Local Issuing
Agency hereby ratifies and ap-
proves the form of each proposal
hereinafter in this Section 3 enu-
merated for the purchase of the
designated principal amount of
Notes and determines that each
such proposal offers to purchase
such Notes at the lowest interest
rate and is therefore accepted,and
said Notes are hereby awarded to
the purchaser, as follows:
Principal Amount: $1.490,000. In-
terest Rate: 5.71`;.. Purchaser:
Bank of America N.T. & S.A.,
Bankers Trust Company.
Section 4. Each Note shall be
dated June 18, 1974, shall be pay
able as to both principal and in-
terest
mterest to bearer, on September 13,
1974, and, pursuant to each pro-
posal for the purchase of said
Notes hereinabove accepted, shall
bear the rate of interest per an-
num, payable at maturity; shall
bear the numbers and be in the
denominations; and shall be pay-
able as to both principal and in-
terest at the incorporated bank
having trust powers or incorpor-
ated trust company, as follows:
Purchaser: Bank of America N.T.
& S.A., Bankers Trust Company,
Numbers: 1-7, 8-15, 1.6-30, 31, 32.
Denominations: $100,000, $50000.
$25.000, $10,000, $5,000. Interest
Rate: 5.71%. Payable At: Bank-
ers Trust Company, New York.
None of such Notes shall be
valid until after the bank or trust
company at which it is payable
shall have signed the agreement,
appearing on each Note, to act as
paying agent thereof. Each such
Note shall be executed in the name
of the Local Issuing Agency by the
manual or facsimile signature of
the Mayor and City Treasurer of
the Local Issuing Agency and shall
have the corporate seal of the Lo-
cal Issuing Agency impressed, im.
printed or reproduced thereon and
attested by the City Clerk, and
said officers are hereby authorized
and directed to cause said Notes
to be properly executed.
Section S. Each such Note shall
be in substantially the form of
HUD -9010, which is incorporated
herein by reference, and shall be
secured by an agreement entitled
"Requisition Agreement No. 3- 74"
(herein called the "Requisition
Agreement"), in substantially the
form of HUD -9003, which is in.
corporated herein by reference, to
be entered into between the Local
Issuing Agency and the Govern-
ment.
Section 6. The Requisition Agree-
ment shall be executed in the
name of the Local Issuing Agency
by the manual or facsimile signa-
ture of the Mayor of the Local Is-
suing Agency and shall have the
corporate seal of the Local Issuing
Agency impressed, imprinted or
reproduced thereon and attested
by the City Clerk, and said officers
are hereby authorized and directed
to cause the Requisition Agree-
ment to be properly executed.
Section 7. For the punctual pay-
ment of the principal of and in-
terest on the New Project Notes,
the Local Issuing Agency hereby
expressly and irrevocably prom-
ises to pay any sums which may
be received from the Government
pursuant to the Requisition Agree-
ment relating to such series of
Project Notes and said Agreement,
when executed by the Government,
is hereby declared to be and is
hereby assigned by the Local Is-
suing Agency for the benefit of
the holders or holders from time
to time of the New Project Notes.
All contributions, funds and
amounts authorized or required by
the Contract to be applied to the
payment of Project Loan Notes
(referred to in the Contract as
"Project Temporary Loan Obliga-
tions", "Advance Notes" or "Per-
manent Notes") as issued in con-
nection with the Project are here-
by irrevocably pledged to secure
the payment of the principal of
and interest to maturity on the
New Project Notes. Such pledge
and the lien created thereby shall
cease and terminate when monies
or investment securities conver-
tible into cash not later than the
maturity date of the New Project
Notes, sufficient and for the pur-
pose of paying the principal and
interest to maturity on such Notes,
are deposited with the paying
agent or agents for such Notes.
Regular Session, June 3, 1974. 317
Section S. The proceeds derived
RESOLUTION NO. 219-74
from the sale of the New Project
WHEREAS, pursuant to Resolu.
Notes, together with such amount tion
of published notice of time
of other funds of the Local Issuing and place of hearing published in
as may be necessary, shall the Telegraph -Herald, a newspaper
Agency
applied, simultaneously with the of general circulation published in
be
receipt of said proceeds, in accord- the City of Dubuque, Iowa, on May
ance with the provisions of the 3, 1974 and May 10, 1974, City Coun.
Requisition Agreement.
cil of the City of Dubuque, Iowa
Section 9. The City Treasurer is met on the 3rd day of June, 1974,
at 7:30 o'clock P.M. (Central Day -
hereby authorized and directed to
a letter to each pay-
light Savings Time) in the City
send promptly
for the New Project Notes
Council Chambers, City Hall, Du-
ing agent
the form of HUD-
buque, Iowa to consider proposal
in substantially
is incorporated herein
to dispose of interest of the City
9004 which
by reference, and to transmit there-
of Dubuque, Iowa, in real estate,
hereinafter described, to Wm. C.
with (a) the New Project Notes for
grown Company Publishers; and
which the addressee is the paying
for delivery and payment and
WHEREAS, Cit Council of the
Y
agent
(b) a signature certificate and re-
Wiled
Cit and of al objections,ue,I oral overruled
it -
ceipt, in accordance with the terms
letter, and to take such other
l to dispose
ten, to h proposal
iDubuqpolo of
of said
as may be required to com-
interest
actions
the terms of thee the delivery transaction i
in the hereinafter described real
estate to W. C. Brown Company
accordance with
acco
letter to the paying agent.
Publishers;
Passed, approved, and adopted
NOW THEREFORE BE IT RE
SOLVED BY THE CITY COUNCIL
this 3rd day of June, 1974.
OF THE CITY OF DUBUQUE, 10 -
Allan T. Thoms
WA:
Mayor
C. Robert Justmann
Section 1. That the disposal of
James E. Brady
interest of City of Dubuque, Iowa,
in the following described real es -
Emil Stackis
Alvin E. Lundh
tate to -wit:
City Councilmen
Lot 2 of Block 1 of River Front
Sub. No. 5 in the City of Du -
Attest:
Leo F. Frommelt
buque, Iowa containing 3.6371
City Clerk
Thoms moved adoption of
acres more or less.
to Wm. C. Brown Company Pub -
Mayor
the resolution. Seconded by Coun-
lishers for the purchase price of
forty ($.40) Cents per square foot
cilman Lundh. Carried by the fol-
be and the same is heweby ap-
lowing vote:
Yeas — Mayor Thoms, Council-
proved, subject to the following
terms and conditions:
men Brady, Justmann, Lundh,
1. That the said real estate be
Stackis.
sold to said purchaser for the con-
Nays —None.
struction and erection thereon of
Proof of Publication, certified to
Notice of Sale
such buildings as shall be necessary
by the Publisher, of
of Lot 2 of Block 1 of River Front
Por the expansion of the
structure occupiedson real
Sub. No. 5 Wm. Brown Com-
isand
re Present
estate purchase from the City here-
pany Publishers, presented
p
read. No written objections were
said
to2Tthe price for rbyt purchaser. said
said
filed and no oral objectors were
present in the Council Chamber at
real estate shall be Forty (
foot. Said .40)
pur-
the time set for the public hearing.
Cents per square
price shall include installation
Mayor Thoms moved the proof of
publication be received and filed.
chase
of water, sanitary and storm sewer
s.
lines and streetimprovements.
Seconded by Councilman Lundh.
ction all
Carried by the following vote: ares, parking lots, fences
Council-
Yeas ra Mayor Thoms,
Lundh,
and ancillary improvements shall be
men Brady, Jus mann,
constructed in conformance with
Stackis.
existing City codes and such uses
Nays—None.
318 Regular Session, June 3, 1974
carried on said property shall be
in accord with the City ordinances.
4. That the City of Dubuque,
Iowa shall retain a perpetual ease-
ment for existing water lines,
existing sanitary sewer lines and
storm sewer lines and for utilities
together with the right of ingress
and egress to repair, inspect and
maintain the same.
5. That all utilities and services
to proposed building shall be con-
nected at buyer's expense.
6. That the applicant represents
to the City that the purchase of
said real estate is being made for
the purpose of expansion of the
Wm. C. Brown Company, Pub•
lishers.
7. The Wm. C. Brown Company
Publishers does hereby represent
and agree that it shall not sell or
otherwise dispose of any portion,
or all of the property, herein ap-
plied to be purchased without of-
fering same first to the City of
Dubuque, Iowa for repurchase at
the same price at which the appli-
cant purchased same.
8. That conveyance shall be by
Quit Claim Deed.
Section 2. That. the City Clerk
be and he is hereby authorized and
directed to deliver deed of con.
veyance conveying the above de.
scribed real estate to Wm. C.
Brown Company Publishers upon
receipt of the purchase price.
Section 3. That the City Clerk
be and he is hereby authorized and
directed to record a certified copy
Of this Resolution in the office of
the Dubuque County Recorder.
Passed, approved and adopted
this 3rd day of June, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Attest: Councilmen
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice to Con-
tractors of the Receipt of Pro.
posals for the Construction of the
1974 Concrete Paving with Integral
Curb Project No. 1 Tenth Street
from Locust Street to Bluff Street
and intersection of 9th & Bluff
Streets, Contract No. 2, P.C. Con.
crete Paving and Buildings Re-
moval, presented and read. Mayor
Thoms moved the proof of publica-
tion be received and filed. Second.
ed by Councilman Stackis. Carriej
by the following vote:
Was — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice to Con.
tractors of the Receipt of Pro-
posals for the Construction of the
1974 Concrete Paving with Integral
Curb, Project No. 1, Tenth Street
from Locust Street to Bluff Street
and intersection of 9th and Bluff
Streets. Contract No. 1, Traffic
Signals and Signing, presented and
read. Mayor Thoms moved the
proof of publication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
May 31, 1974
To the Honorable Mayor
and City Council
Pursuant to your instructions
sealed proposals were received un-
til 10:00 A.M., Thursday, May 30,
1974, for the improvement of
Tenth Street from Locust to Bluff,
and the intersection of 9th and
Bluff.
The lowest bid for Contract No.
1, Signals and Signing, was sub-
mitted by Moldt Electric Service
Inc., of Dubuque, Iowa. Their bid
was 23.06% above the Engineer's
Estimate,
The lowest bid for Contract No.
2, Concrete Paving and Building
Removal, was submitted by Tri-
State Paving Co., of Dubuque,
Iowa. Their bid was 14.03% above
the Engineer's Estimate.
I recommend that the contracts
for the improvement be awarded
to Moldt Electric Service and Tri-
State Paving.
Gilbert D. Chavenelle
City Manager
Regular Session, June 3, 1974 319
Mayor Thorns moved approval I Attest:
of the recommendation. Seconded Leo F. Frommelt
by Councilman Stackis. Carried by City Clerk
the following vote: Mayor Thoms moved adoption
Yeas — Mayor Thorns, Council- of the resolution. Seconded by
men Lundh, Stackis. Councilman Stackis. (`Awried by
Nays — Councilmen Brady, the following vote:
Justmann. Yeas — Mayor Thoms, Council-
men, Lundh, Stackis.
Nays—Councilmen Brady, Just -
mann.
(Awarding Contract)
RESOLUTIONa O. 220 -nasals
WHEREAS,
have been submitted by contrac-
tors for the City of Dubuque 1974
Concrete Paving with Integral
Curb Project No. 1 Tenth Street
from Locust Street to Bluff Street
and intersection of Ninth and
Bluff Streets.
Contract No. 2, P. C. Concrete
Paving and Buildings Removal,
pursuant to Resolution No. 173-74
and notice to bidders published in
a newspaper published in said City
on May 8, 1974 and May 15, 1974;
and
WHEREAS, said sealed propos-
als were opened and read on May
30, 1974, and it has been deter-
mined that the bid of Tri-State
Paving Company, Inc., Division of
Dubuque Stone Products Com-
pany of Dubuque, Iowa in the
amount of $48,479.80 was the low-
est bid for the furnishing of all
labor and materials and perform-
ing the work as provided for in
the plans and specifications; now
therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Tri-State Paving Company,
Inc., Division of Dubuque Stone
Products Company and the Man-
ager be and he is hereby directed
to execute a contract on behalf
of the City of Dubuque for the
complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
Passed and adopted this 3rd day
of June, 1974.
Allan T. Thorns
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
(Awarding Contract)
RESOLUTION NO. 221-74
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the City of Dubuque 1974
Concrete Paving with Integral
Curb Project No. 1. Tenth Street
from Locust Street to Bluff Street
and intersection of Ninth and
Bluff Streets. Contract No. 1, Traf-
fic Signals and Signing pursuant to
Resolution No. 173-74 and notice
to bidders published in a newspa-
per published in said City on May
8, 1974 and May 15, 1974; and
WHEREAS, said sealed propos-
als
roposals were opened and read on May
30, 1974, and it has been deter-
mined that the bid of Moldt Elec-
tric Service, Inc. of Dubuque, Iowa
in the amount of $15,199.80 was
the lowest bid for the furnishing
of all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Moldt Electric Service, Inc.
and the Manager be and he is
hereby directed to execute a con-
tract on behalf of the City of Du-
buque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
Passed and adopted this 3rd day
of June, 1974.
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
320 Regular Session, June 3, 1974
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays—Councilmen Brady, Just -
mann.
Proof of Publication, certified to
by the Publisher, of Notice to Bid-
ders for equipment of Phase II ad-
ditions to the Wastewater, Treat-
ment Plant for centrifuges, oxygen
supply system, oxygen dissolution
system, sludge thermal condition-
ing system, presented and read.
Mayor Thorns moved the proof of
publication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of City Manager
recommending approval of letters
of intent to be signed by the Ma-
yor and the Consulting Engineers
be directed to proceed with the
completion of design of the proj-
ect to utilize various major equip-
ment components, all subject to
approval of EPA, and submitting
a resolution authorizing the Mayor
to execute a letter of intent to
certain major equipment suppliers
for the Phase II Wastewater Treat-
ment Facility, presented and read.
Mayor Thorns moved the commu-
nication and resolution be re-
ceived and filed and referred back
to the City Manager. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 222-74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga.
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within the said City.
Beecher Co., Inc., 2399 White St.
Beecher Co., Inc., 1691 Asbury St.
Nash Finch Co., John F. Kennedy
Rd.
BE IT FURTHER RESOLVED
that the bonds filed with the ap•
plication be approved.
Passed, adopted and approved
this 3rd day of .Tune 1974.
Allan T. Thorns
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann,
RESOLUTION NO. 223.74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "C" BEER PERMIT
Beecher Co., Inc., dba, Beecher
Beverage sz2, 1691 Asbury Rd.
Beecher Co., Inc., dba, Beecher
Beverage 41, 2399 White St.
Passed, adopted and approved
this 3rd day of June 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 224-74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
Regular Session, June 3, 1974 321
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RIs
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued
er Per-
o t Bfollow-
ing named applicants
Per-
mit.
CLASS "C" BEER PERMIT
Beecher Co. Inc.,ba, Beecher
y the
Beverage 2, 1691
Beecher Co. Inc., dba, Beecher
Beverage =1, 2399 White
Passed, adopted and approved
this 3rd day of June 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 225-74
WHEREAS, applications for Li-
quor Licenses have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provi-
sions of Chapter 131, Acts of the
First Regular Session, 64th Gen-
eral Assembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Ronald T. Amundson and Itichar
B. Winsor, dba The Carnival
253 Main St.
Passed, adopted and approve
this 3rd day of June, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 226-74
WHEREAS, applications for Liq
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named app
a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Ronald T. Amundson and Richard
B. Winsor, dba, The Carnival,
253 Main St. roved
Passed, adopted and app
this 3rd day AllanT.
nThoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Richard
Nays—None. or Thoms
At 9:10 P.M. May
moved that the Council go into
d executive session to consider ap-
pointments to various Boards and
Commission. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, council -
Yea,
men Brady, Justmann, ,
Stackis.
Nays --None.
322 Regular Session, June 3, 1974
At 9:45 P.M. the Council recon.
vened in regular session. Council-
man Lundh moved the following
appointments: Mary Neuhaus re-
appointed to the Advisory, Com-
mission to 6-1-77, three year term;
Gerald P. Swift to 316.76 to re-
place Nr. Adrian Swift on the
Heating, Ventilating, Air Condi-
tioning Board; Duane R. Giesler
and Jean Hartness to the Planning
& Zoning Commission for five
year terms to 5-25.79. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackcis,
Nays—None.
There being no further business,
Councilman Brady moved to ad-
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Staclds.
Nays ---None.
Leo F. Frommelt
City Clerk
Approved October 14 1974
Adopted October 14 1974
Mayor
City Clerk
Special Session, June 5, 1974 323
CITY COUNCIL
OFFICIAL
Special Session, June S, 1974.....
Council met at 4:00 P.M. (C.D.T.)
Present—Mayor Thoms, Council-
men Brady, Lundh, Stackis. City
Manaqer Gilbert D. Chavenelle.
Absent—Councilman Justmann.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this s mf eting
n-
is called for the pure
lication
along
of agrant resolutions
along with appropriate
requesting funds for the commu-
nications center of the joint City-
County
ity
County Law Enforcement Center
and acting upon such other busi-
ness as may properly come before
a regular meeting of the Council.
June 5, 1974
To the Honorable Mayor and
City Council
Attached is "Application for
Grant" and associated resolutions
related to the request of funds for
the communications center of the
Joint City -County Law Enforce-
ment Center. The estimated cost
of equipment for the communica-
tions center of the joint law en-
forcement facility is $96,985.00.
Under the provisions of the at-
tached grant, the State Planning
Agency would provide $72,738.75
and the balance of $24.246.25
would be split equally ($12,123.12)
between the City of Dubuque and
the County of Dubuque.
The design of communications
for the City -County has been split
into two phases, identified as short
and long term. The funding re-
quested in this grant application
relates to the short term phase
of the project and principally to
the facilities to be installed in the
center. The long term phase pro-
vides for installation of a high -
band county -wide system and pur-
chase of mobile and portable units
for both city and county systems.
The. Northeast Area Iowa Crime
Commission has stressed upon us
the urgency of filing this applica-
tion with them no later than June
6, 1974. The director of the North-
east Area Iowa Crime Commission
stated that the funds identified in
the application are from fiscal
year 1972 and have been tenta-
ively reserved for the Dubuque
:ity-County Law Enforcement.
;enter until June 7, 1974.
He has stated that if the appli-
-ation and related resolutions are
not filed by that date, the City
and County run the risk of losing
the funding for the communica-
tions center.
You are, therefore, requested to
approve the resolution authorizing
the City of Dubuque to provide
cash funds of $12,123.13 and to
approve a resolution authorizing
the Northeast Area Iowa Crime
Commission to act on behalf of
the City of Dubuque in receipt,
deposit and dispersal of funds re-
ceived from the Iowa Crime Com-
mission.
Francis A. Murray
Assistant City Manager
Councilman Stackis moved the
communication be received and
filed, and the Mayor be authorized
to sign the agreement. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms. Council-
men Brady, Lundh, Stackis.
Nays. --None.
Absent --Councilman Justmann.
MATCHING RESOLUTION
N0, 227.74
Whereas, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it
will provide during the calendar
year of 1974 cash funds for the
following Iowa Crime Commission
projects: Brief Description of Proj-
ect Comunications Equipment and
Consultant Services, Amount of
Funds Being Provided $12,123.13,
but not to exceed 50.0% of total
project cost.
passed this 5th day of June, 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
,lames E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent. -.-Councilman Justmann.
324 Special Session, June 5, 1974
RESOLUTION NO. 228.74
BE IT RESOLVED that the City
of Dubuque hereby authorizes the
Northeast Iowa Area Crime. Com-
mission to act in its behalf in the
receipt, deposit and dispersal of
Federal Funds received from the
Iowa Crime Commission for the
purpose of carrying on the pre-
scribed activity as outlined in the
Program Application.
The Northeast Iowa Area Crime
Commission shall use said Federal
Funds received exclusively for this
program and for no other purpose,
and this unit of government shall
provide complete documentation of
all expenditures made by this unit
of government to the Northeast
Iowa Area Crime Commission as
required.
In lieu of such documentation
or for other violations of Federal
and State ruled and regulations,
it is understood that all funds re-
maining in the possession of the
Northeast. Iowa Area Crime Com-
mission may, upon approval of the
Commission, be returned to the
Iowa Crime Commission.
Signed this 5th day of June,
1974.
Allan T. Thomas
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
There being no further business,
Mayor Thoms moved the meeting
be adjourned. Seconded by Coun.
cilman Lundh. Carried by the fol-
lowing vote:
Peas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
Leo F. Frommelt
City Clerk
ApprovedO c t b r 1!h 1974.
...............o ....... .
October ,I'
Adopted October 14 1974
Approved October 14 1974
Special Session, June 10, 1974 325
CITY COUNCIL
OFFICIAL
Special Session, June 10, 1974.
Council met at 7:30 P.M. 1C.D.T.)
Present—MayorJustmann, Council'
Lundh,
men Bradyy,,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of acting
upon a RESOLUTION OR RESO-
LUTIONS AUTHORIZING THE
FILING OF APPLICATIONS FOR
SECTION 23 HOUSING ASSIST-
ANCE PAYMENT PROGRAM, and
acting upon such other business
as may properly come before a
regular meeting of the Council.
Communication of Playground
& Recreation Commission submit-
ting minutes of their meeting of
May 13, 1974, presented and read.
Mayor Thoms moved the communi-
cation he received and filed. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 6, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of lova, as amended, the
Civil Service Commission con-
ducted entrance examinations on
April 11, 1974, for applicants seek-
ing positions on the Fire Depart-
ment.
The following named applicants
have passed both the written and
physical examinations and are
hereby certified for appointment
to the Fire Department.
Hutcheroft, John A . ................82%
Lochner, Lawrence P . ............81%
Marvin A. VanSickle
Chairman
Louis F. Fautsch
Civil Service Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 6th day of June, 1974.
Z. D. Hantelmann
Notary Public
Mayor Thoms moved the com-
iunication be received and filed
nd made a matter of record. Sec-
nded by Councilman Lundh, Car-
ied by the following vote:
Yeas — Mayor Thorns, Council -
nen Brady, Justmann, Lundh,
Stackis.
?Nays—None.
June 3, 1974
honorable Mayor and
City Council
I hereby submit the annual
statement for 1973 for Peoples
Natural Gas Division,
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Statement.
of Receipts and Disbursements
and list of claims for month of
April, 1974, presented and read.
Mayor Thoms moved the proof of
publication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 7, 1974
Honorable Mayor and
City Council
peti-
I am returning t
tion requesting parking t re restric-
tions on Rosemont Street during
school hours. I recommend that
the petition be denied and in sup-
port of this recommendation I sub-
mit a copy of a letter from Chief
O'Brien.
May I point out that Rosemont
Street was designed and construct-
ed as a "collector" street and the
city paid for an extra ten feet of
widthover the normal residential
Street. The street surface is 32 feet
wide, and it is intended that there
Will be two passing lanes of 12
feet, an 8 foot parking lane on one
side and no parking on the other.
It does not appear that the traffic
has yet developed to require this
regulation.
Gilbert D. Chavenelle
City Manager
326 Special Session, June 10, 1974
Mayor Thoms moved the com-
munication be received and filed
and the recommendation of denial
be approved. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
June 6, 1974
Honorable Mayor and City Council
On September 3, 1971, City of
Dubuque, Iowa was served with
Original Notice with Petition at-
tached, being Law No. 39235,
wherein Mrs. Florence Thurston
was named plaintiff and the City
of Dubuque, Iowa as defendant,
said petition praying for damages
for personal injuries to said plain-
tiff in the amount of $10,000.00
and alleging said injuries occur-
ring on June 7, 1971 as the result
of the plaintiff's stepping on a
piece of rock on the street in the
crosswalk area on the intersection
of Central Avenue and 32nd
Street.
This matter was referred to the
City Attorney who has entered the
appropriate defenses, and the
plaintiff, through her attorneys,
bas made an offer of settlement
of said matter in the amount of
$350.00. It is the recommendation
that said offer of settlement be
accepted and that the City Auditor
be instructed to draw warrant pay-
able to Mrs. Florence Thurston in
the amount of $350.00 and to draw
warrant payable to the Clerk of
Court, Dubuque County, Iowa in
the amount of $17.50 in payment
of court costs, and to transmit
same to the City Attorney for de.
livery upon receipt of release and
Dismissal with Prejudice of said
cause.
Original Notice with petition is
returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved the rec.
ommendation be approved and the
City Auditor directed to issue
proper warrant. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Honorable Mayor and June 4, 1974
City Council
On May 20, 1974, Arthur
C. Tigges of 2770 Pennsylvania
Avenue, this city, filed claim
against the City of Dubuque in
the amount of $11.58 and alleging
said damages occurred on April
20, 1974 as the result of loose
rocks and gravel being thrown
from the street by passing motor
vehicles against the window and
allegedly breaking same. Claimant
alleges said rock and gravel
washed into the street from a
sewer project in the street.
This matter was referred to the
City Attorney who has made an
investigation thereof and finds no
negligence on the part of the City,
and in view of same, it is the rec-
ommendation of the City Attorney
that said claim of Arthur C.
Tigges be denied.
Original claim is returned here.
with.
R. N. Russo
City Attorney
Mayor Thoms moved the recom.
mendation of denial be approved.
Seconded by Councilman Lundh,
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
STATE OF IOWA
Before the Departmental Hear-
ing Board of the Iowa Beer and
Liquor Control Department.
In re Application for a Class
"C" Liquor License of Dubuque
Post --6 of the American Legion,
1306 Delhi Street, Dubuque, Iowa
52001. Appeal No. 74-10—Decision
of the Hearing Board.
The application of Dubuque Post
No. 6 of the American Legion for
a Class "C" Liquor License was
denied by the City of Dubuque,
Iowa, on April 15, 1974. In accord-
ance with Section 123.32(3), 1973
Code of Iowa, the Director of the
Iowa Beer and Liquor Control De-
partment automatically disap-
proved the application, and the
American Legion Post appealed to
the Hearing Board. We reverse the
Director and order the issuance
of a license.
A hearing was held before this
Board on May 17, 1974, at which
representatives of the American
Special Session, June 10, 1974 327 '
Legion, the City of Dubuque, and I
stitutions in residential districts
neighbors of the American Legion
in Dubuque. Just two days after
Post appeared. The only issue ap
the American Legion's application
pears to be the interpretation of
was denied, a Class B Beer Permit
Dubuque's comprehensive zoningwas
granted to a church located
ordinance, Ordinance No. 3-34.
in a residential neighborhood. The
The property on which the Ameri-
City Attorneys contends that the
Legion Post is located is zoned
fact that churches and colleges
can
Local Business District A. The city
got beer permits is not relevant.
ordinance provides that. any use
We. do not agree. As far as this
allowed in a Single Family Resi-
Board can see, there is nothing in
dence District is allowed in a Local
the ordinance which distinguishes
Business District A classification.
clubs from churches and colleges.
Club, lodge, or community center
All are uses permitted in a Single
buildings are allowed in a Single
"except
Family Residence District. In the
and still today, the City of
Family Residence District
where the principal activity of which
past
Dubuque has interpreted the zon-
is a service carried on as a business
ing ordinance to allow religious
or has more than five sleeping
The Legion contends that
and educational institutions to
have beer permits. The city has
rooms."
the primary purpose is the promo-
apparently not felt that the grant -
ing of such permits would change
tion of veterans. The City, on the
these institutions into taverns. The
other hand, argues that the issuance
practice of granting these permits
of a Class "C" Liquor License to the
in residential districts has been
Legion would convert the Legion
established, and the City is now
Post from a club into a tavern.
s
bound by these earlier decisions.
The Iowa Supreme Court has said
To deny a liquor license
theinstant
that zoning is an exercise of the po
case would be inconsistent
lice power delegated by the State to
with the precedent which the City
municipality and that such dele-
has set, and therefore, this Board
gated power must be strictly con-
is of the opinion that the City act-
strued—a zoning ordinance should
ed arbitrarily and capriciously in
not be extended by implication to
denying the Legion's application.
prevent a use not clearly prohibit-
The City believes that this Board
ed. Livingston v. Davis, 243 Iowa....,
should take into consideration a
50 N.W.2d 596 (1951). As support
proposed change in the zoning or -
for the position that the City had the
dinance which would add the fol -
right to deny the Legion's applica-
lowing sentence to the "club" clas-
tion for a liquor license, the attor-
sification: "However, such uses
ney for the neighbors living around
may not include purposes or uses
the Legion Post cites the case of
specifically limited to a lower zon-
Plaza Recreational Center V. Sioux
ing classification, either whole or
City, 253 Iowa 246, 11 N.W.2d 758
in part." The City argues that this
(1961) in which the Supreme Court
City
proposed change is indicative of
future as to clubs
upheld a provision of the Soux
the City's policy
Zoning Ordinance which prohibited
and similar organizations in resi-
the consumption of beer or intoxi-
dential neighborhoods. In this re -
following quotation from
eating liquor in bowling alleys lo-
in a certain zoning district.
gard, the
Fargo Packing Corporation v. Har -
cated
That case, however, is distinguish-
din, 312 F. Supp. 949 (N.D. 1970)
able from the present one. In the is relevant:
Plaza the specifical- "Counsel for the Plaintiffs has
case, ordinance
ly prohibited the consumption of also referred to various proposed
to the Act, now pend -
beer and intoxicating liquor. The
amendments
with the thought
Dubuque ordinance contains no ing in Congress,
such prohibition. In accordance that if some are passed there
whichost
state-
with the Supreme Court's
might be provisions
on e-
a baniih`°enforcement
ments in the Livingston case, supra,
constitute
or delay
we decline to read into the Dubuque
ment
the Act in this state. Under
ordinance a prohibition which is
of
the circumstances here pre aillau-
not there.
As the American Legion points
this Court has absolutely no
any
jurisdiction, any
out, beer permits have been grant-
thority or
to delay or postpone
ed to religious and educational in -
means,
328 Special Session, June 10, 1974
forcementof the Act, regardless
of the likelihood of favorable Con-
gressional legislation or of possi-
ble future action by the State."
Similarly, this Board must con-
sider only the ordinance in effect
at the time the Legion's applica-
tion was denied.
WHEREFORE, it is the decision
of the Hearing Board that the Di-
rector is reversed and that he is
ordered to issue a Class "C" Liq-
uor License to the applicant.
Dated this 31st day of May, 1974,
at Des Moines, Iowa.
J. STUART KIRK
Iowa Beer and Liquor Control
Council
Valley Bank Building
300 — 4th Street
Des Moines, Iowa
JACK LINGE
Department of Public Safety
Lucas State Office Building
Des Moines, Iowa
DARBY MARIA CORIDEN
Assistant Attorney General
State Capitol
Des Moines, Iowa
Copies to:
American Legion Post t6
1306 Delhi Street
Dubuque, Iowa 52001
Mr. Donald Breitbach
Attorney at Law
Suite 222 Fischer Building
Dubuque, Iowa 52001
City Council
City Hall
Dubuque, Iowa 52001
Mr. Rolland A. Gallagher, Dir.
Iowa Beer and Liquor Control
Department
300 — 4th Street
Des Moines, Iowa 50309
Mayor Thorns moved the deci-
sion of Hearing Board be received
and filed and made a matter of
record. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
Councilman Brady moved the
City Solicitor file an appeal in
District Court. Seconded by Coun-
cilman Justmann. Vote on the mo-
tion was as follows:
Yeas --Councilmen Brady, Just.
mann.
Nays — Mayor Thorns, Council-
men Lundh, Stackis.
MOTION FAILED.
Notice of Claim of Grace E. Av-
ery, in an undetermined amount,
for personal injuries received in
a fall on a defective sidewalk go.
ing from Main to Locust on right
side of 9th Street on May 28, 1974,
presented and read. Mayor Thorns
moved the notice be referred to
the City Solicitor for proper pro.
ceedings. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of James W.
Grant, in the amount of $2385.00
as the result of a plugged up sew.
er at 890 W. 3rd Street on Febru•
ary 27, 1974, presented and read.
Mayor Thorns moved the notice be
referred to the City Solicitor for
proper proceedings. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
Notice of Claim of Robert Boy-
arski in the amount of $200 for ex-
pense incurred as the result of a
backed -up sewer at 3445 Sunset
Park Circle on June 7, 1974, pre-
sented and read. Mayor Thorns
moved the notice be referred to
the City Solicitor for proper pro-
ceedings. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 6, 1974
Honorable Mayor
and City Council
I request your approval of an
ordinance amending the Traffic
Code. It is a correction of the
wording of a section of the ordi-
nance.
Attached is a copy of a letter of
explanation from Chief O'Brien.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Special Session, June 10, 1974 329
ORDINANCE NO. 39.74
An Ordinance amending Subsec-
tion a of Schedule V11 of Ordi•
nance 33-49 known as the "Traffic
Code of Dubuque, Iowa" as
amended, by repealing Subsection
e of Schedule VII thereof and
enacting a new Subsection a of
Schedule VII in lieu thereof to
prohibit the parking of motor ve-
hicles in the alley from East
Fourth Street to East Eighteenth
Street between Central Avenue
and White Street,
presented and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance. Se-
conded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac-
kis.
Nays — None.
Mayor Thoms moved that the rule
requiring an Ordinance to be read
on three separate days be waived.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac-
kis.
Nays — None.
Paned, approved and adopted this loth
day of June, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 13th day of June,
1974.
Leo P. Prornmelt
City Clerk
ORDINANCE NO. 39.74
AN ORDINANCE AMENDING
SUBSECTION a OF SCHEDULE VIi
OF ORDINANCE 33-49 KNOWN
AS THE "TRAFFIC CODE OF
DUBUQUE, IOWA" AS AMEND-
ED, BY REPEALING SUBSECTION
e OF SCHEDULE V11 THEREOF
AND ENACTING A NEW SUB-
SECTION a OF SCHEDULE VII
IN LIEU THEREOF TO PROHIBIT
THE PARKING OF MOTOR VE-
HICLES 1N THE ALLEY FROM
EAST FOURTH STREET TO EAST
EIGHTEENTH STREET BETWEEN
CENTRAL AVENUE AND WHITE
STREET
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 33-49
known as the "Traffic Code of Du-
buque, Iowa" as amended, be amended
by repealing subsection a of Schedule
VII theroof and enacting anew sub-
section a of Schedule VII in lieu thereof
as follows:
"SCHEDULE VII
e. From East Fourth Street to East
Eighteenth Street in the alley be-
tween Central Avenue and White
Street."
It. b-13.
Mayor Thorns moved final adop-
tion of the Ordinance. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac.
kis.
Nays — None.
Petition of Hillcrest Builders
Inc., requesting permission to ex-
cavate in Kennedy Road at 1940,
presented and read. Mayor ThomS
moved the petition be approved
subject to approvalof the Engi-
neering Department. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady. Justmann, Stackis.
Nays—None.
Abstain—Councilman Lundh.
Petitions for suspension of 1973
taxes submitted by the County for
Louise Bieberman, Helen M. Brad-
ley, Blanche Donovan, Elsie E.
Lange, Bernard W. Mihm, Robert
G. Ogaard, Elma M. Rembd, due
to infirmity or old age, presented
and read. Councilman Justmann
moved the petitions be received
and filed and approved and the
City Clerk y Mayor
yorflThoms
Seconded by
Car-
ried by the following vote:
Yeas ra Brady,Justmann, Council-
men y,Lundh,
Stackis.
Nays—None.
Petition of Marie Giese et
ns al re-
questing &r way Stop Kaufmann Ave. and
at
Crissyyr.
Marywood Dr. & Crissy Dr., flash-
ing caution lights; removal of
shrubbery at Crissy Dr. & Kauf-
mann Ave., more frequent radar
checks, lights at Kaufmann Ave.
at Crissy DrK. and Kaufmann Ave.,
presented and read. Councilman
330 Special Session, June 10, 1974
Brady moved to suspend the rules
to let anyone present address the
Council if they so desire. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Marie Giese spoke on behalf of
her petition. Mrs. Carl Sanman ad-
dressed the Council also relative
to the petition. Councilman Just -
mann moved the petition of Marie
Giese be referred to the City Man.
ager, Traffic Committee and Chief
of Police. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Sisters of St. Francis
requesting rezoning of an addi-
tional 150' area from Multiple Resi-
dence Planned Unit Development
to Hospital Medical Zoning Classi-
fication from Windsor Avenue
west to solve sewer problem, pre.
sented and read. Mayor Thoms
moved the petition be referred to
Planning do Zoning Commission to
report back to Council prior to
public hearing. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
AN ORDINANCE amending and
changing Ordinance No, 3-34,
known as "The Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa", so as to change
certain hereinafter described prop.
erty from multiple residence -
planned unit development district
to hospital -medical district, pre-
sented and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms moved that the
rule requiring an Ordinance be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms moved that a pub-
lic hearing be held on the Ordi.
nance on July 1, 1974, in the Coun-
cil Chamber at the City Hall at
7:30 o'clork P.M. and that the
Clerk be instructed to publish no-
tice of the hearing in the manner
required by law. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of KDTH requesting
Permission to conduct a fireworks
display at Petrakis Park on July
4th as a sponsor of a free admis-
sion ballgame, presented and read.
Councilman Lundh moved the pe-
tition be referred to the City Man-
ager and City Solicitor, and sub-
sequently approved. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 5, 1974
Honorable Mayor and Members
of the City Council
The meeting with the Human
Rights Commission and other in-
terested groups relative to our pro-
posed Affirmative Action Program
that I previously advised you of
was, in fact, held on Tuesday eve-
ning, June 4, 1974.
At this meeting the Human
Rights Commission submitted a
list of ten recommendations and
requested they be conveyed to
you for your deliberation.
Other groups have also submit-
ted to my office, through the Per-
sonnel Manager, comments rela-
tive to this subject as a result of
previous meetings conducted by
him. A copy of these letters are
enclosed in the belief that they
will afford you a broader perspec-
tive as to views of other groups
and individuals.
A resolution to adopt the narra-
tive portion of our Affirmative Ac-
tion Program will be submitted
for consideration on June 10, 1974.
Special Session, June 10, 1974 331
My office is working diligently i
on the additional phases of this
program which include establish-
ing realistic short range and long
range goals and timetables for the
utilization of minority and women
in our city work force.
This final phase of our program
will be submitted to you for con-
sideration of adoption by resolu-
tion on or about June 24, 1974.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque Hu-
man Rights Commission request-
ing relief from discussion of the
Dan White's 701 report until it
can be discussed among them-
selves however they will be on
hand to discuss their proposals
concerning the Affirmative Action
Program, presented and read.
Dorothea Smith, Matt Lorenz,
Edgar Friloux, Ruth Scharnau, Su-
san Soley, Judy McCoy, all ad-
dressed the Council relative to the
Affirmative Action Program, ob-
jecting to Personnel Director Wal-
ter Bockes being appointed as
Equal Employment Opportunity
Officer. Councilman Stackis moved
to hire an 0. E. person for six
months to fill job of Walter Bockes
as equal employment oppportun-
ity officer. Motion died for lack
of a second. Mayor Thoms moved
the communication of Dubuque
Human Rights Commission be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh
Stackis.
Nays—None.
marked Exhibit "A" and by refer-
ence made a part hereof as though
fully set out herein, be and the same
is hereby approved, and same is
hereby adopted as the Affirmative
Action Program of the City of Du-
buque, Iowa bearing date of Janua-
ry 1974.
Passed, approved and adopted
this 10th day of June, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Nays — Councilman Stackis,
June 5, 1974
Honorable Mayor
and Councilmen
The City of Dubuque Planning
and Zoning Commission reviewed
the final plat of Block 4 and Block
5 of "Knob Hill" Subdivision in the
City of Dubuque, Iowa, on June 23,
1971.
The Commission found, at that
time, that the plat conformed to the
approved preliminary plat for the
area and met the minimum require•
menu of the Subdivision Regula-
tions. It has been determined that
there has been no change in this
area sufficient to warrant reconsid-
eration of the Commission's earlier
approval, and your acceptance of
the final plat. of Block 4 and Block
5 of "Knob Hill" Subdivision is
hereby recommended.
Daniel Dittemore
Development Planner
Mayor Thorns moved the com-
munication be received Councilman Lundh.
RESOLUTION NO. 229.74 Second filed.
ded by
Carried by the following vote:
Resolution approving the City of yeas — Mayor Thoms, Council.
Dubuque's Narrative Affirmative men Brady, Justmann, Lundh, Stac-
Action Program kis.
NOW THEREFORE BE IT RE- Nays — None.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, RESOLUTION N0.307Plat
IOWA: Resolution approving
the Section 1. That the narrative of of Block 4 and Block 5 of "Knob
the City of Dubuque's Affirmative Hill" in the City of Dubuque,
Action Program hereto attached, Iowa.
332 Special Session, June 10, 1974
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Block
4 and Block 5 of "Knob Hill" in
the City of Dubuque, Iowa, by
John Duggan, Trustee under the
"Regina Duggan Trust"; and
WHEREAS, upon said plat ap-
pear streets to be known as Knob
Hill Drive together with certain
public utility easements which the
Owners by said plat have dedicat-
ed to the public forever; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relat-
ing thereto, except that street
grades have not been established,
the streets brought to grade, or
paving, sewer or water installed;
NOW THEREFORE, BE IT RF,
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the dedications
of Knob Hill Drive, together with
the easements for public utilities
as the same appear upon said plat,
be and the same are hereby ac-
cepted;
Section 2. That the plat of Block
4 and Block 5 of "Knob Hill" in
the City of Dubuque, Iowa, be and
the same is hereby approved and
the Mayor and City Clerk are here-
by authorized and directed to en-
dorse the approval of the City of
Dubuque, Iowa, upon said plat,
provided the owners of said prop-
erty herein named, execute their
written acceptance hereto attached
agreeing:
a. To reduce all streets to grade
and to construct concrete curb
and gutter and to hard surface
Knob Hill Drive with bituminous
concrete, or with concrete paving
with integral curb, all in accord.
ance with City of Dubuque stand-
ard specifications;
b. To install sanitary sewer
mains and sewer service laterals
in accordance with plans submit-
ted with the plat;
c. To install water mains and
water service laterals in accord-
ance with plans submitted with the
plat;
d. To install storm sewers and
catchbasins in accordance with
plans submitted with the plat;
e. To install concrete sidewalks
as required by Ordinances, and
where directed by the City Engi.
neer and the City Manager;
f. To construct the foregoing im.
provements in accordance with
plans and specifications approved
by the City Manager, under the
inspection of the City Engineer,
and in a manner approved by the
City Manager;
g. To maintain the foregoing im-
provements for a period of four
(4) years from the date of their
acceptance by the City of Du-
buque, Iowa;
h. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
John Duggan. Trustee under the
"Regina Duggan Trust", as owner;
i. To construct said improve-
ments, except sidewalks, prior to
.July 1, 1976, and to construct the
sidewalks prior to July 1, 1978;
and further provided that said
John Duggan, Trustee under the
"Regina Duggan Trust", as owner
of said Subdivision, secure the per-
formance of the foregoing condi-
tions by providing security in such
form and with such sureties as
may be acceptable to the City Man-
ager.
Section 3. That in the event
John Duggan, Trustee under the
"Regina Duggan Trust", shall fail
to execute the acceptance and fur-
nish the security provided for in
Section 2 hereof within 45 days
after the date of this Resolution,
the provisions hereof shall be null
and void and the acceptance of
the dedication and approval of the
plat shall not be effective.
Passed, adopted and approved by
unanimous recorded roll call this
10th day of June, A.D., 1974.
Allan T. Thorns
Mayor
James E. Brady
C, Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Special Session, June 10, 1974 333
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE 430. RESOLUTION
We, the undersigned John Dug-
gan Trustee under Regina Duggan
Trust having read the terms and
conditions of the foregoing Reso-
lution No. 230-74 and being famil-
iar with the conditions thereof,
hereby accept the same and agree
to perform the conditions required
therein.
Dated at Dubuque, Iowa, this
24th day of July, 1974.
/s/ John Duggan Trustee under
Regina Duggan
TO:
Leo F. Frommelt
City Clerk
This is to certify that the secur-
ity provided by the foregoing Res-
olution No. 230.74 has been fur-
nished by the owners.
Dated at Dubuque, Iowa, this
24th day of July 1974.
/s/ Gilbert D. Chavenelle
City Manager
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote -
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Low Rent
Housing Commission submitting
minutes of their meeting of June
5, 1974, relative to submission of
applications to the Federal Gov-
ernment for participation of Sec-
tion 23 Housing Assistance Pay-
ments program, presented and
read. Councilman Stackis moved
the communication be received
and filed. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION N0.231-74
Approving applications of the
provisions of Section 23 of the
United States Housing Act of
1937, as amended, to the City of
Dubuque, Iowa
WHEREAS, under the provisions
of Section 23 of the United States
Housing Act of 1937, as amended,
the United States of America, act-
ing through the Secretary of Hous-
ing and Urban Development, is au-
thorized to provide financial assis-
tance to local public housing agen-
cies in providing low -rent housing
by leasing dwelling units in private-
ly -owned structures; and
WHEREAS, said Scetion 23 pro-
at
the provisions thereof
shall not apply to any locality un-
less the governing body of the lo-
cality has by resolution approved
the application of such provisions
to such locality; now therefore
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA -
Section 1. That the application of
the provisions of Section 23 of the
United States Housing Act of 1937,
as amended, to .the City of Dubuque,
Iowa, is approved.
Passed, approved and adopted
this 10 day of June, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, Stac.
kis.
Nays — None.
RESOLUTION NO. 232.74
Authorizing and directing the
submission of an application for
a low -rent housing program un-
derSection 23 of the United
States Housing Act of 1937, as
amended
WHEREAS, the City of Dubuque
has found and determined that
there is a need for low -rent housing
tomeet certain needs not being
met by p
within itrpm
s area of operation; and
WHEREAS, under the provisions
of the United States Housing Act of
1937, the Secretary of Housing and
Urban Development is authorized
to provide financial assistance to
public housing agencies
for low -
rent housing; now
334 Special Session, June 10, 1974
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF DU-
BUQUE. IOWA:
Section 'I. That the Mayor of the
City of Dubuque be and he is here-
by authorized and directed to exe-
cute and send to the Secretary of
the United States Department of
Housing and Urban Development
an application/s/ for financial as-
sistance for one hundred dwelling
units to be provided by leasing pri-
vately owned existing and newly
constructed housing under Section
23 of the United States Housing
Act of 1937.
Section 2. That the City Manager
be and he is hereby authorized and
directed to provide such additional
supporting documentation which
may be required by the United
States Department of Housing and
Urban Development.
Section 3. In connection with the
development and operation of any
program or activity receiving Fed-
eral financial assistance under the
United States Housing Act of 1937,
regardless of when such program
or activity or any portion thereof
was or is initially covered by any
contract, the City of Dubuque will
comply with all requirements im-
posed by Title VI of the Civil
Rights Act of 1964, Public Law
88-352, 78 Stat. 241; the regula-
tions of the Department of Hous-
ing and Urban Development issued
thereunder, 24 CFR, Subtitle A,
Part 1; and the requirements of
said Department thereunder.
Passed, approved and adopted
this 10th day of June, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frornmelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh, Stac.
kis.
Nays — None.
June 6, 1974
Honorable Mayor and
Councilmen
The Iowa Slate Highway Com-
mission has asked that we enter
into a three -party agreement with
them and with the Metropolitan
Area Planning Commission to
specify procedures and responsi-
bilities for our interim transpor-
tation plan and bridge access
study.
Considerable progress has al•
ready been achieved in the inter-
im transportation study. We are
now entering a phase which will
require the aid of a local Trans-
portation Planner. Agreements
have already been drafted for se-
curing the appointment of the po-
sition by the Iowa State Highway
Commission and for funding the
position through state and federal
sources.
The attached agreement and
form of resolution specifies the
placement and responsibilities of
the new position, and authorizes
the Highway Commission to pro-
ceed with assignment of personnel.
We expect that the Transporta-
tion Planner position will soon be
assigned to us and look forward to
your favorable consideration of
the attached resolution.
Daniel Dittemore
Development Planner
Mayor Thorns moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 233.74
A Resolution authorizing the Ma-
yor to sign his acceptance of a
cooperative agreement between
the City of Dubuque, Iowa, the
Dubuque County Metropolitan
Area Planning Commission and
the Iowa State Highway Com-
mission, providing for major ac-
tivities and steps necessary for
conducting a feasibility study of
toll bridges.
Whereas, the City Council of
the City of Dubuque, Iowa by its
Resolution No. 342-73, has re-
quested the Iowa State Highway
Commission to undertake a study
of the feasibility of establishing a
Special Session, June 10, 1974 335
new toll bridge or bridges in the I sit improvement projects are ineli-
Dubuque Metropolitan Area; and Bible for federal support except as
Whereas, the Iowa State High- they are shown to be consistent with
way Commission has presented a an overall transportation develop -
proposed Cooperative Agreement ment strategy.
establishing the major activities It is anticipated that. the City
and steps necessary for conduct- of Dubuque, the Iowa State High-
ing such study; way Commission, the Urban Mass
NOW THEREFORE. BE IT RE- Transit Administration, and other
SOLVED by the City Council of agencies of government will be in -
the City of Dubuque, Iowa: volved in planning and project de-
tection 1. That the Mayor is velopment efforts within the met
hereby authorized, on behalf of ropolitan area in the near future.
the City of Dubuque, Iowa, to sign Anticipating these efforts, and
his acceptance of said Cooperative considering that the 1990 Trans -
Agreement, hereto attached. portation Plan was last given for -
Section 2. That the City .Man- mal recognition by the Dubuque
ager is hereby authorized and di- City Council in 1970, the Federal
rected to implement the terms of Highway Administration and the
said Cooperative Agreement. Iowa State Highway Commission
Passed, approved and adopted have asked that this Plan be re -
this 10th day of June, 1974. adopted by the Council at this
Allan T. Thorns time.
Mayor We have attached a resolution
C. Robert Justmann for this purpose. You should note
James E. Brady that the resolution recognizes the
Emil Stackis 1990 Plan as an appropriate frame -
Alvin E. Lundh work for interim bridge access stu-
Councilmen dies, north-west bypass planning,
Attest: and other joint local, state or fed -
Leo F. Frommelt eral efforts that may be underta-
City Clerk ken shortly. Re-establishment. of
Mayor Thorns moved adoption of this planning framework is one
the conditions that must be ful-
l-
the resolution. Seconded by Coun- filled in order that our transpor-
cilman Lundh. Carried by the fol- tation planning process may be re -
lowing vote: certified for the coming fiscal
Yeas — Mayor Thorns, Council- year. We urge your favorable con -
men Brady, Justmann, Lundh, sideration of the resolution.
Stackis. Daniel Dittemore
Nays—None. Development Planner
June 6, 1974 Mayor Thorns moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Honorable Mayor
and Councilmen
The Federal -aid Highway Act of
1962 required that metropolitan
areas of more than 50,000 popula-
tion must maintain a continuing
transportation planning process. In
Il. buque, this process was initiated
in 1965 and led to the development RESOLUTION NO. 234-74
of the 1990 Dubuque Metropolitan A Resolution affirming the 1990
Transportation Plan which was Transportation Plan for the Du -
completed in 1970, buque Metropolitan Area, as an
The 1962 Act also stipulated that acceptable lanameworrkfor the
ing f Arterial
the long-range transportation plan further p
must be maintained through a con- Roadway Improvements in the
tinous process of travel forecasting, City of Dubuque, Iowa.
network evaluation and project de- Whereas, the City Council of
velopment. The purpose of the pro- the City of Dubuque, Iowa has rec-
cess is to insure that individual ognized the need for improved
transportation improvement pro- arterial roadways within the city
jects are undertaken within the and its environs; and
framework of a comprehensive de- Whereas, the Federal -aid High-
velopment plan. Highway and tran- way Act of 196'7 has specified that
336
Special Session, June 10, 1974
development of the federally -aided
roadway system within the Du-
buque metropolitan area shall be
made in conformance with a con.
tinuing, cooperative and compre-
hensive Transportation Plan; and
Whereas, such Transportation
Plan for the Dubuque metropoli-
tan area has been formulated and
has guided such efforts for road-
way improvement as have been
undertaken heretofore; and
Whereas, the City Council of
the City of Dubuque, Iowa has
found and determined that such
efforts for the planning and de-
velopment of roadway improve-
ments should continue and that
solutions to growing problems of
traffic congestion must be devised;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa.
Section 1. That the 1990 Trans-
portation Plan for the Dubuque
metropolitan area, as represented
in summary form on the attached
1972 Annual Report of the Du-
buque Metropolitan Area Trans-
portation Study, hereto attached
and marked "Exhibit A", be re-
affirmed as an acceptable frame-
work for the further planning of
arterial roadway improvements in
the City of Dubuque, Iowa.
Section 2. That the Plan Prior-
ities, as illustrated on the afore-
said "Exhibit A" are hereby re-
affirmed and recognized as an ap-
propriate order of need for road-
way facility development.
Section 3. That the Iowa State
Highway Commission and Federal
Highway Administration are here-
by requested to support and assist
the further planning of arterial
roadway improvements according
to the Transportation Plan herein
affirmed,
Passed, approved and adopted
this 10th day of June, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 235.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga.
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Welsh Enterprise, Inc., dba Grand.
view Dairy Store, 620 South
Grandview Ave.
Mrs. A. J. Trapp, dba Trapp's
Store, 1266 Central Avenue
Helen Weiner, dba Walnut Tap,
709 University Avenue
Passed, adopted and approved
this 10th day of June 1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop.
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays ---Councilman Justmann.
RESOLUTION NO. 236.74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "B" BEER PERMIT
Charles Richard Maas, dba Tri-
state Softball Tournament, Me-
Aleece Field
Also Sunday Sales
CLASS "C" BEER PERMIT
Patricia Ann Sutton, dba Oky
Doky Foods, #8, 2850 Burling-
ton Street
Welsh Enterprise, Inc., dba Grand-
view Dairy Store, 620 South
Grandview Ave.
Special Session, June 10. 1974 337
Passed, adopted and approved
this 10th day of June 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded
by Mayor Thorns. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men .lustmann, Lundh, Stackis.
Nays—Councilman Brady.
RESOLUTION NO. 237.74
WHEREAS, applications f o r
$eer Permits were filed by the
within named applicants al of this
d they
have received the app
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the follow-
ing named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
Charles Richard Maas, dba Tri-
State Softball Tournament, Me-
Aleece Field, also SUNDAY
SALES
CLASS "C" BEER PERMIT
Patricia Ann Sutton, dba Oky Doky
Foods, #8, 2850 Burlington St.
Welsh Enterprise, Inc., dba Grand-
view Dairy Store, 620 South
Grandview Ave.
Passed, adopted and approved
this 10th day of June 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop
tion of the resolution. Seconded
by Mayor Thorns. Carried by th
following vote:
Yeas -- Mayor Thoms, Council -
nen Justmann, Lundh, Stackis.
Nays --Councilman Brady.
RESOLUTION NO. 238.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE. BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provis-
ions of Chapter 131, Acts of the
First Regular Session, 64th Gew
eral Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Helen Weiner, dba Walnut Tap,
709 University Avenue
Passed, adopted and approved
this 10th day of June 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop.
tion of the resolution. Seconded
by Mayor Thorns. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady. Justmann, Lundh.
Stackis.
Nays—None.
RESOLUTION NOfoo WHEREAS, applications
Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE y BEIT
Rof
SOLVED by
Dubuque, low", that the Manager
be authorized to causeto
b is-
sued to the following
plicants a Liquor License.
(COMMERCIAL)
CLASS 'C"
BEER AND LIQUOR LICENSE
e Helen Weiner, dbaWalnut Tap,
709 University Avenue
338 Special Session, June 10, 1974
Passed, adopted and approved
this 10th day of June 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded
by Mayor Thorns. Carried by the
following vote:
Yeas — Mayor ThomS, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
There being no further business,
Councilman Stackis moved to ad.
journ. Seconded by Councilman
Lundb. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, I.undh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved October 14 1974
Adopted October 14 1974
City Clerk
Special Session, June 17, 1974 339
CITY COUNCIL
OFFICIAL
Special Session, June 17, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present—Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
SIDERING AWARD OF BIDS OF
STREET, SEWER AND WATER
IMPROVEMENTS IN R 1 V E R"
FRONT SUB. NO. 5 and acting
upon such other business as may
properly come before a regular
meeting of the Council.
RESOLUTION 240-74
WHEREAS, Harry W. Wahlert,
born in St. Louis, Missouri, on
March 4, 1888, became an inhab-
itant of this community in the
summer of 1931 and resided here
ever since up to the date of his
untimely death on June 14, 1974,
having been preceded in death by
his beloved wife, Flora Wahlert:
and
WHEREAS, Harry W. Wahlert,
throughout his life made an unique
and outstanding contribution to-
ward the industrial life, educa-
tional life and the recreational
life of this community, not the
least of which were his contribu-
tions to numerous lay and paro-
chial educational institutions; and
WHEREAS, many monuments
testify to the boundless generosity
of Harry W. Wahlert and his wife,
Flora Wahlert, which grace the
rolling hills of this community,
and outstanding acts of generosity
being Bunker hills Golf Course,
Lake Peosta and Flora Park, to
name a few. These monuments
stand in silent and eloquent trib-
ute to a man and his wife, who
in the course of accumulating
much personal wealth, paused in
their efforts long enough to dis.
tribute a portion of their material
acquisitions for the betterment of,
and the enhancement of, the way
of life of their fellow persons in
this community.
WHEREAS, Harry W. Wahlert
is dead at the age of 86 after a
full and rich life remembered and
iourned by those of his employ-
es whom he, from time to time,
,ided in the solution of a prob-
em or problems plaguing such
.mployee. Ile was never too busy
and he was never too important
I
what he could stoop to render
a lending hand to those who were
mired in the complex struggle for
daily bread.
WHEREAS, Harry W. Wahlert
is dead at the age of 86 and he
joins the ranks of the powerful
and of the great, not for his ma-
terial wealth, nor for his impor-
tance but for his deep and abiding
love for his community, its in-
habitants and for his family.
WIiEREAS, Harry W. Wahlert
will long be mourned, he will be
greatly missed, but above all, he
will never be forgotten.
NUW THEREFORE BE IT RE-
SOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the passing of
Harry W. Wahlert from these
earthly precincts be long remem-
bered and be forever memorialized
for his great and generous con-
tribution to the total life of this
community and its inhabitants.
Section 2. That the City Clerk
be and he is hereby directed to
transmit a certified copy hereof
to the immediate members of the
decedent's family.
Passed, approved and adopted
this 17th day of June, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men men Brady, Justmann,
Stackis.
Nays—None.
June lo, 1974
Honorable Mayor and
City Council ou the
I am returning to y
petition of Mr. Homer Craig re-
questing the lease of land between
9th and loth Streets and between
340 Special Session, June 17, 1974
the Milawukee and Northwestern
Railroad tracks.
I recommend that the petition
be denied.
The engineering department put
together a map of the location
which showed that the area re-
quested for lease is Pine Street.
I viewed the location with the
petitioner who wishes to use a
portion of the area for the storage
and shipment of logs. Ile indicated
that he would grade and fix up
the area.
I also inspected the location
with Mr. White and Mr. Bandy. It
is a mudhole area on which is
stored metal scrap. I have reques-
ed that the scrap be removed and
that the city grade and place stone
on the street. I think the cleaned
up Pine Street will be presentable
and useful and should not be
leased for private operation.
I have written to the petitioner
and have sent him a copy of this
letter.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
June 14, 1974
To the Honorable Mayor and
City Council
Re: Revenue Sharing Planned Use
July 1, 1974 - June 30, 1975
Gentlemen:
The Office of Revenue Sharing
requests that the City of Dubuque
report how it plans to use revenue
available in the entitlement period
July 1, 1974 to June 30, 1975. The
estimated amount of revenue avail-
able in this period is $1,039.211.
The law requires a completed re-
port to be published for the in-
formation of the citizens of the
City of Dubuque and a copy sub-
mitted to Office of Revenue Shar-
ing.
Attached is a completed copy
that summarizes the planned use
for the revenue sharing funds and
tabulated below is a more detailed
breakdown,
Public Safety
Police Dept. -
Wages $133,839
Fire Dept. -
Wages 200,000
Building Dept. -
Wages 20,084
Public Transportation $ 353.923
Transit
System $225,000
Traffic Signals
& Engi-
neering 37,215
Airport Crash
Unit - Wages 22,200
$ 284,415
Social Services
Low Rent
Housing $102,612
Contributions
to Agencies 16,000
$ 118,612
Health
Contributions
to Agen-
cies $ 10,350
$ 10,350
Environmental Protection
Sewer Inspec-
tions & Main-
tenance -
Wages $100,000
$ 100,000
Recreation
Park District
Improve-
ments $ 20,000
Recreation
Department
Improv. 28,579
$ 48,579
Financial Administration $ 100,000
TOTAL $1,015,879
For the City to be in compliance
with the Revenue Sharing Act of
the Office of Revenue Sharing,
you are requested to authorize the
City Clerk to publish the report
and to authorize the City Manager
to sign and forward it to the
Office of Revenue Sharing.
Respectfully submitted,
Francis A. Murray
Assistant City Manager
Mayor Thorns moved the com-
munication be received and filed
and the City Clerk be authorized
Special Comission, June 17, 1974 341
to publish notice. Seconded by cleaner striking his motor vehicle
rk City at 7th and
ileCouncilman Stackis. Carried by the shite %Street as parked
following vote:
of Du -
Mayor Thorns, Council- buque, Iowa.
Yeas —
Brady, Lundh, Stackis.
This matter was referred to the
men
Nays—Councilman Justmann. appropriate City Agency who on
Proceedings for June 11, 1974 advised the City
Printed Council
the months of January and Feb- Attorney that said matter had
1974, were presented for been amicably disposed of. Ac -
ruarY,
Mayor Thorns moved the cordingly, it is the recommenda-
approval.
be approved as print- tion
of the City Attorney that the
proceedings
Seco n d e d by Councilman claim
of Tim C. Denman be denied.
ed.
Lundh. Carried by the following
Original claim is returned here-
with.
vote:
Yeas — Mayor Thoms, Council-
Lundh,
R. N. Russo
City Attorney
men Brady, Justmann,
Stackis. Mayor Thorns moved the com-
Nays—None. munication be received and filed
June 12, 1974 and recommendation of denial be
Honorable Mayor approved. Seconded by Councilman
and City Council Lundh. Carried by the following
On January 23, 1974, Edwin
Wayne Petesch, 3060 Central, Du-
vote:
yeas — Mayor Thorns, Council-
buque, Iowa filed claim against
men Brady, Justmann, Lundh,
City of Dubuque in the amount
of $25.00, and claiming said amount
Stackis.
Nays—None.
was charged him f or towing
his motor ve-
June 13, 1974
charges to remove
hicle from its parking place on
behind his home
City Council
On May 25, 1971, John Wolfe,
White Street
while he was hospitalized. Claim-
by his father commenced on &c-
Central
ant further alleges -that said re-
due to anonymous com-
tion against the Illinois
Railroad Company claiming dam -
moval was
plaints to the Police Department.
to the
ages as a result of personal
juries suffered by the plaintiff on
his matter was referred
City Attorney's office who has in-
April 17, 1969, when the plaintiff
the earthen dike
vesUgated said matter and finds
negligiable or liabil-
was working on
along the Illinois Central Railroad
no actionable
ity on the part of the City. In
right-of-way as part of the flood
the City
view of the foregoing, it is the
the City At.
protection activities of
of Dubuque then in progress, and
recommendation of
torney that said claim be denied.
that said plaintiff claimed damages
of $16,992.00, and
Original claim is returned here-
in the amount
that thereafter the Illinois Cen-
with
R. N. Russo
tral Railroad Company by the way
Petition served an
City Attorney
Mayor Thorns moved the com-
of Third Party
Original Notice claiming City
if
munication be received and filed
Dubuque, Iowa,
any ability on the part
and recommendation of denial be
Council-
there was
of the Railroad, that the City of
approved. Seconded by
man Lundh. Carried by the fol-
Dubuque, by virtue of a contract,tr
September 6, 1966,
lowing vote: Council-
Yeas — Mayor Thoms,
dated
indemnify and hold the Company
men Brady, Justmann, Lundh,
harmless.
This matter was referred to the
Stackis.
City Attorney, who has interposed
The
Nays—None. June 13, 1974
the appropriate objections.
matter was recently scheduled for
City Council
On August 15, 1973: Tim C.
mpany
trial and lain. ffl arrived o at an
Denman of 1091h white
against the
and the amicable plaintiff
ettlement in which the
this city, filed claim
City of Dubuque in an estimated
rticipate.
City did no24partic the plaintiff
amount of $69.00 claiming said
August 13,
On may
filed a Dismissal19 With
damages occurred on
damages
city street
and on June 7,
1973 as the result of a
342 Special Session, June 17, 1974
Central Railroad filed a Dismissal
With Prejudice against the City
of Dubuque, Iowa, and that this
matter is now finally closed at no
expense to the City of Dubuque.
Third Party Petition is attached
and herewith returned.
R. N. Russo
City Attorney
Mayor Thoms moved the com-
munication be received and filed
and recommendation approved.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Sophie Muel-
ler, in an undetermined amount,
for personal injuries received in
a fall at 4th & Locust Streets on
June 11, 1974, presented and read.
Mayor Thoms moved the notice
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing to amend the Zon-
ing Ordinance by amending Ar.
ticle IV Section 2 (i) that land area
in West Side Manor Place and
West Side Manor be rezoned from
Single Family to Local Business
District "A" and Multiple Resi-
dence District classification, pre-
sented and read. Mayor Thoms
moved the proof of publication be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
Communications from Carolyn
Hollingworth, Mr. & Mrs. Ray
Johnson, Mr. & Mrs. Loras Koer-
perick, Mr. & Mrs. Gerald Steffen,
Mr. & Mrs. James Manning, all
residents of West Side Manor Sub•
division, requesting rezoning for
portions of their back lots, to ei-
ther Class "A" or "B" Business
to accommodate businesses front-
ing Pennsylvania Avenue, the
same as Mr. Chew having his back-
yard rezoned, presented and read.
Mayor Thoms moved that the com-
munications be received and filed
and referred to the Planning &
Zoning Commission. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Francis Bechen et
al objecting to the rezoning of
the Chew property located along
J.F.K. Road adjacent to their sub.
division, presented and read. May-
or Thoms moved the petition be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Stackis moved to
suspend the rules to let anyone
address the Council if they so
desire. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
The following named citizens of
the neighborhood addressed the
Council objecting to rezoning of
the property (Chew) in Westside
Manor Subdivision and Westside
Manor Place; Joseph J. Bitter, at-
torney representing citizens, Walt-
er A. Pregler, Mr. Ray Johnson,
Tim Murphy, R. Shwery, C. Ober-
e.mbt, Harry Herold, Karen Bechen,
and Francis Bechen. Wilson Me-
Callister, attorney representing
Mr. Chew, addressed the Council
by stating that all reasonable de-
mands by the neighborhood have
been met. Councilman Justmann
moved to reimpose the rules. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Councilmen Brady, Just -
mann, Lundh, Stackis.
Nays—Mayor Thoms.
Councilman Brady moved that
the signing on buildings not ex-
tend above bank. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 40-74
An Ordinance amending and
changing Ordinance No. 3.34,
Special Session, June 17, 1974 343
known as "The Zoning Ordi- ed
by changing from "Single Family Res-
nance and Zoning Map of the idence
District" classification to "Mul-
City of Dubuque, Iowa' so as tiple
Residence District" classification the
to change the zoning classifica-
following described real estate, to wit:
tion on hereinafter described
The Northerly 190.53 feet of the
Southerly 255.53 feet of Lot 2 in
portions of Lot 2 in "Westside
"Westside Manor Place", and all of
Manor Place" from Single Fam•
Lot 13 of Block 4 in "Westside
ily Residence District to Local
Manor Subdivision" in the City of
Business "A" District, and chang-
Dubuque, Iowa.
ing other hereinafter described
Section 3. That Ordinance No. 3-34,
portions of Lot 2 of "Westside
known as "the Zoning Ordinance and
Manor Place" and all of Lot 13
Zoning Map of the City of Dubuque,
Block 4 in "Westside Manor
Iowa", be and the same is hereby amend -
of
Subdivision" from Single Fam-
ed by amending Article IV, Section 2 (i)
thereof as follows:
ily Residence District to Mul-
"Article TV.
tiple Residence District with in-
Section 2.
elusion in paragraph (i) of Sec-
(i) Off street parking within the
tion 2 of Article IV to permit
following described area, The
off-street parking thereon, (Chew
Northerly 190.53 feet of the
Property),
Southerly 255.53 feet. of Lot 2
said Ordinance having been pre-
in 'Westside Manor Place' and
Lot 13 of Block 4 in 'Westside
resented and read at the
y presented
Manor Subdivision' all in the
Council meeting of May 20, 1974,
Coun
City of Dubuque, Iowa."
presented for final adoption.
passed, approved and adopted this 17th
ORDINANCE NO. 40.74
day of June, 1974.
AN ORDINANCE AMENDING
Allan T. Thorns
AND CHANGING ORDINANCE
Mayor
NO. 3-34, KOWN AS "THE ZON-
C. Robert Justmann
ING ORDINANCE AND ZONING
James E. Brady
MAP OF THE CITY OF DU-
Emil Stackis
BUQUE, IOWA" SO AS TO
Alvin E. Lundh,
CHANGE THE ZONING CLAS-
Councilmen
SIFICATION ON HEREINAFTER
ATTEST:
DESCRIBED PORTIONS OF LOT
Leo F. Frommelt
2 IN "WESTSIDE MANOR PLACE"
City Clerk
FROM SINGLE FAMILY REST-
Published officially in the Telegraph
DENCE DISTRICT TO LOCAL
Herald Newspaper this 27th of June 1974.
BUSINESS "A" DISTRICT, AND
Leo F. Frommelt
CHANGING OTHER HEREINAF-
City Clerk
TER DESCRIBED PORTIONS OF
1 t 6-27
LOT 2 OF "WESTSIDE MANOR
Mayor Thorns Gloved adoption
PLACE" AND ALL OF LOT 13
OF BLOCK 4 IN "WESTSIDE
of the Ordinance a9 Amended.
Lundh.
MANOR SUBDIVISION" FROM
DIS-
Seconded by COunCllman
Carried by the following vote:
SINGLE FAMILY RESIDENCE
Mayor ThOms, Council
TRICT TO MULTIPLE RESIDENCE
yeas _
Lundh,
INCLUSION IN
men Brady, J118tmann,
an,WITH
PARAGRAPH (i) OF SECTION 2
Stadia.
OF ARTICLE IV TO PERMIT OFF.
Nays—NOne.
STREET PARKING THEREON
AN ORDINANCE For the vaCa-
NOW THEREFORE BE IT OR-
tionand sale Of thatPortionthe
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Maple Street lying
Section 1. That Ordinance No. 3-34,
"the
north Curb line Of East 18th Street
line of Etat 17tH
known as Zoning Ordinance and
Zoning Map of the City of Dubuque,
to South Curb
street in the City of Dubuque,
Iowa," be and the same is hereby amend-
Iowa, presented and read• Mayor
ed by changing from "Single Family
Thoms moved that the reading
Residence District" classification to To"
just had be Considered the fire,
cal Business 'A' District" classification
reading of the Ordinance- SeCOII '
the following described real estate, to
ed by Councilmrn Lundh. Carried
wit:
The Southerly 75 feet and the North-
"Westside
by the following vote:
Mayor Thorns, COaneil-
erly 75 feet of Lot 2, in
Manor Place" in the City of Du-
yeas —
men Brady, Justmann, Lundh,
buque, Iowa.
Stackis.
Section 2, That Ordinance No. 3-34,
known as "the Zoning Ordinance and
Nays --None.
Mayor Thoma moved that the
Zoning Map of the City of Dubuque,
rule requiring an Ordinance to
Iowa", be and the same is hereby amend-
344 Special Session, June 17, 1974
be read on three separate days
be waived. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms. Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms moved that a pub-
lic hearing be held on the Ordi-
nance on July 15, 1974. at 7:30
o'clock P.M. (C.D.T.) in the Coun-
cil Chamber at the City Hall and
that the City Clerk be instructed
to publish notice of the hearing
in the manner required by law.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Dubuque County His-
torical Society requesting the
Council to adopt a policy of con-
sulting with their Renovation Ad-
visory Committee when consider-
ing and remodeling buildings un-
der City control, presented and
read. Mayor Thoms moved the
petition be referred to the City
Manager and Staff. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays --None.
Petition of Washington Neigh
borhood Council by Charles Abra-
ham, requesting permission to pre-
sent the decision of their meeting
relative to the Washington Street
Closure Project involving 15th,
16th, 18th, and 19th Streets on
Washington Street for a 90 day
period, presented and read. Mayor
Thoms moved the petition be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
June 12, 1971
Honorable Mayor
and City Council
I am returning to you the
Petition concerning proposed street
closures on Washington Street,
with a recommendation that the
Petition be denied.
A.s an explanation, I attach a
COPY of a memorandum received
from John Grau.
I have requested that the city
engineer be prepared to discuss
the proposal at council meeting
should you so desire.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com.
munication be received and filed
and recommendation of denial ap
proved. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
John Grau spoke to the petition
of the Washington Street Neigh.
borhood Street Closures. Mayor
Thoms moved approval of Wash•
ington neighborhood plan subject
to adoption of a resolution to be
approved on a 90 days trial basis.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Michael Fitschen et
ux requesting erection of a fence
between their property at 3160
Ideal Lane and the Falk Park to
prevent children from damaging
their trees, shrubs, etc., presented
and read. Mayor Thoms moved the
petition be referred to the Rec-
reation Commission for additional
hearing. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms. Council-
men Justmann, Lundh, Stackis,
Nays—Councilman Brady.
Petition of Radio Trade Supply
Co, requesting to be heard rela-
tive to a request formerly sub•
mitted for a loading zone or lim-
ited parking in front of 100 East
8th Street, presented and read.
Councilman Stackis moved to sus-
pend the rules to let anyone ad-
dress the Council if they so desire.
Seconded by Councilman Lundh.
Carried by the: following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Jerry Tyrrell addressed the
Council on behalf of the petition
of Radio Trade Supply. Nlayor
Thoms moved the petition of Radio
Trade Supply Co. be received and
Special Session, June 17, 1974 345
filed. Seconded by Councilman
Stackis, Carried by the following
vote:
Yeas— Mayor Thorns, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 41.74
An Ordinance Amending Ordi-
nance No. 37.65 known as the
"Street Parking Meter Ordi-
nance of Dubuque, Iowa" by re-
pealing Subsection 6.1.8 of Sec-
tion 6.1 Parking Meter District
A and enacting a New Subsec-
tion 6.1.8 of Section 6.1 of Park-
ing Meter District A in lieu
thereof to limit the parking of
motor vehicles on the south side
of East Eighth Street from
White Street East for a distance
of sixty-six feet, presented and
read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thorns moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 41-74
AN ORDINANCE AMENDING
ORDINANCE NO. 37-65 KNOWN
AS THE "STREET PARKING ME-
TER ORDINANCE OF DUBUQUE.
IOWA" BY REPEALING . BSEC-
TION 6.1.8 OF SECTION 6.1
PARKING METER DISTRICT A
AND ENACTING A NEW SUB-
SECTION 6.1.8 OF SECTION 6.1
OF PARKING METER DISTRICT
A IN LIEU THEREOF TO LIMIT
THE PARKING OF MOTOR VE-
HICLES ON THF. SOUTH SIDE
OF EAST EIGHTH STREET FROM
WHITE STREET EAST FOR A
DISTANCE OF SIXTY-SIX FEET
NOW THEREFORE. BE 1T OR.
DAINED BY THE CITY COUNCIL.
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 37.61
known as the "Street Parking Meter Ordi-
nance of Dubuque, ]owa" be and the
same is hereby amended by repealing
subsection 6.1.8 of Section 6.1 of District
A and enacting a new subsection 6.1.8
of Section 6.1 of District A in lieu there-
of as follows:
"6-1 Parking Meter District A
6.1.8 Eighth Street, south side between
Locust Street and Bluff Street
and the north side from Central
Avenue to the alley next west,
and the south side from White
Street cast for a distance of sixty-
six feet."
Passed, approved and adopted this 17th
day of June, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 21st day of June.
1974.
Leo F. Frommelt
City Clerk
1 t. 6-2I.
Mayor Thorns moved final adop-
tion of the Ordinance. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann. Lundh,
Stackis.
Nays ---None.
Petition of Merchants Delivery
Service requesting what action has
been taken regarding "No Park-
ing' signs on the east side of Haw-
thorne Street, presented and read.
Mayor Thorns moved the petition
be received and filed and verbal
recommendation of denial by City
Manager approved and City Man-
ager instructed to forward infor-
mation to petitioner. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Alan Ford et al (13
businesses) requesting as mer-
chants in Plaza 20 Shopping Cen-
ter for a change in the traffic pat-
tern on their entrance way, pos-
sibly have the frontage road be
one way east or place a yield sign
on the frontage road
instead
todon f
on the. main exit, presented
read. Mayor Tboms moved the pe-
tition be referred to the Traffic
Department for proper investiga-
tion and report. Seconded by
the
Councilman Brady. Carried
following vote:
346 Special Session, June 17, 1974
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Bottle Stop Baseball
Tournament requesting a refund
of $225 on unexpired Class "B"
Beer Permit No. S -B-1265, as they
have discontinued business on
June 10, 1974, presented and read.
Councilman Stackis moved the re-
fund be granted and City Auditor
directed to issue proper warrant.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
Council recessed at 10:45 P.M.
Council reconvened at 10:50 P.M.
June 14, 1974
Honorable Mayor
and City Council
At your meeting of June 3rd
you received a petition from Mr.
Leo McCarthy, Attorney, in behalf
of Clemens Beverage, Inc. relative
to seeking relief from the mora-
torium on land use in the Fast 3rd
and East 4th Street area. The pe-
tition was referred to the city man-
ager for a report.
I request an opportunity to dis-
cuss the "moratorium" resolution
with you and that the subject be
placed on the agenda of your June
17th meeting.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the peti-
tion be received and filed. Second.
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Thruput Terminals
Inc. by Robert Bertsch, attorney,
requesting an opportunity to be
heard relative to construction of a
security fence surrounding the
premises on Third Street north
of the Ice Harbor, presented and
read. Mayor Thoms moved the pe.
tition be received and filed. Sec-
onded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms moved original
Resolution be revoked which set
out moratorium to allow specifi-
cally after revocation Pillsbury,
Warehouse, Fence, Tanks; Rein-
state original proposal on resolu.
tion excepting that each case of
variance can be heard when pre-
sented to the Council. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 14, 1974
Honorable Mayor
and City Council
In response to your Resolution
No. 208.74 1 herewith transmit a
draft Problem Statement and Pro-
posed Scope of Services for the
East Fourth Street Peninsula De-
velopment Study.
We propose that a concentrated
study effort be made over a period
of two months which will rely
heavily on the participation of the
advisory panel which was first
convened at the Julien Motor Inn
meeting of April 18th. We have
also recommended that Gruen As-
sociates be selected as the princi-
pal consultant for the study on the
understanding that Mr. Crawford
Westbrook will direct the work of
that firm.
The study contract specifies a
cost of ten thousand seven hun-
dred fifty dollars (10,750). It is
our judgment that a reduced cost
would not result in a useful study
product. The Scope of Services
also stipulates that additional
counsel may be solicited from sup-
porting specialists. It is not pos-
sible to identify such specialists
at this time, and we recommend
that Gruen Associates be permit-
ted to select additional advisors
on approval from my office. We
also request authorization to com-
mit not more than three thousand
five hundred dollars ($3,500) ad-
ditional expense for this purpose.
Attached is a resolution accept-
ing the proposed Scope of Serv-
ices and contract amount. We urge
your favorable consideration of it.
Gilbert D, Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
Special Session, June 17, 1974 347
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 241.74
A Resolution accepting a pro-
posed scope of work for an East
Fourth Street Peninsula Devel.
opment Study and authorizing
such study to proceed.
Whereas, Resolution No. 208-74
has directed the City Manager to
prepare a proposed Scope of Work
and form of contract for an East
Fourth Street Development Study,
and
Whereas, such Scope of Work
has been presented and is hereto
attached, designating Gruen and
Associates of 257 Park Avenue
South, New York, New York as
the principal consultant for such
study; and
Whereas, such Scope of Work
also provides for supplementary
consultaticn with various develop-
ment specialists, to be selected;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the Scope of
Study hereto attached is accepted,
designating Gruen and Associates
of 257 Park Avenue South, New
York as principal consultant.
Section 2. That the City Manag-
er is authorized to expend an
amount not to exceed ten thou-
sand seven hundred fifty dollars
($10,750) in fees and reimburse-
ment to the principal consultant in
conducting such study.
Section 3. That the City Man-
ager is authorized to expend an
amount not to exceed three thou.
sand five hundred dollars ($3,500)
in fees and reimbursements for
such supplementary consultation
as he may find necessary in con-
ducting such study.
Passed, approved and adopted
this 17th day of June, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Yeas — Mayor Thorns, Council-
men Justmann, Lundh, Stackis,
Nays—Councilman Brady.
Proof of Publication, certified to
by the Publisher, of Notice to Con-
tractors of the Receipt of Bids for
construction of 1974 Asphalt Pav-
ing Project No. 2, Riverfront Sub-
division No. 5:
1. Roosevelt Street Extension
from the S.P.L. of Kerper Blvd.
to the S.P.L. of Kilgore St.
2. Kilgore Street from the W.P.L.
of Roosevelt Street Extension to
the N.P.L. of Hamilton Street Ex-
tension.
3. Hamilton Street Extension
from the S.P.L. of Kilgore Street
to the N.P.L. of Lot 2 of Block 1
of Riverfront Subdivision No. 5,
presented and read. Mayor Thorns
moved the proof of publication be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 13, 1974
To the Honorable Mayor
and City Council
Pursuant to your instructions,
sealed bids were received util
1June0:00 a.m., Thursday,
1974, for the City of Dubuque
1974 Asphalt Paving Project No.
2—Riverfront Subdivision No. 5.
The lowest bid received was of from
Mulgrew Blacktop,
Du-
buque, Iowa. Their bid was 2.75%
over the Engineer's Estimate.
I recommend that the contract
for the said improvement
be
awarded to Mulgrew Blacktop, Inc.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved the com-
munication be received Councilman Lundh.
d filed.
Seconded by
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Awarding Contract)
RESOLUTION aN . 2 2.74
WHEREAS, proposals
Attest: cont,
Leo F. Frommelt have been submitted of Dubuque 1974
City Clerk tors for the City
Asphalt Paving Project No. 2 li.iv-
Councilman Lundh moved adop- Asphalt
Subdivision No. 5 pursu-
tion of the resolution. Secondedtheby fol ant to Resolution No. 194 74 and
Mayor Thorns. Carried by notice to bidders published in a
lowing vote:
348 Special Session, June 17, 1974
newspaper published in said City
on May 24, 1974 and May 31, 1974;
and
WHEREAS, said sealed propos-
als were opened and read on June
13, 1974, and it has been deter-
mined that the bid of Mulgrew
Blacktop Company, Inc. of Du-
buque, Iowa in the amount of
$77.440.00 was the lowest bid for
the furnishing of all labor and
materials and performing the
work as provided for in the plans
and specifications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract, for the above
mentioned improvement be award-
ed to Mulgrew Blacktop Company,
Inc. and the Manager be and he is
hereby directed to execute a con-
tract on behalf of the City of Du-
buque for the complete perform-
ance of said work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
Passed and adopted this 17th
day of June, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays ---None.
Proofs of Publication, certified
to by the Publisher, of Notice to
Contractors of the Receipts of Pro-
posals for the Construction of 10"
Watermain and Sanitary Sewer
and Storm Sewer for Riverfront
Sub. No. 5 (Contract 1 - Sections
1, 2 & 3):
1. Roosevelt Street Extension
from the S.P.L, of Kerper Blvd, to
the S.P.L. of Kilgore St.,
2. Kilgore Street from the W.
P.L. of Roosevelt Street Extension
to the N.P.L. of Hamilton Street
Extension,
3. Hamilton Street Extension
from the S.P.L. of Kilgore Street
to the N.P.L. of Lot 2 of Block 1
Riverfront Subdivision No. 5, pre-
sented and read.
Mayor Thoms moved the proof
of publication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
.lune 13, 1974
To the Honorable Mayor
and City Council
Pursuant to your instructions,
sealed bids were received until
10:00 a.m., Thursday, June 13, 1974
for the construction of the sani-
tary sewer, storm sewer and wa-
ttermain for Riverfront Subdivi-
sion No. 5.
The lowest bid entered was en-
tered by the Stewart Construction
Company of Fast Dubuque, Illi-
nois. Their bid was 21.61% over
the estimate.
I recommend that the contract
for the improvement, with the ex-
ception of Section 3 of Contract 1
be awarded to Stewart Construc-
tion Co.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
(Awarding Contract)
RESOLUTION NO. 243-74
WHEREAS, sealed proposals
have been submitted by contrac-
tors- for the 10" Watermain for
Riverfront Subdivision No. 5 Con.
tract 1 - Section 1, Sanitary and
Storm Sewer for Riverfront Subdi•
vision No. 5, Contract 1 - Section
2, pursuant to Resolutions No.
196-74 and 198-74, and notice to
bidders published in a newspaper
published in said City on May 24,
1974 and May 31, 1974; and
WHEREAS, said sealed propos-
als were opened and read on June
13, 1974, and it has been deter-
mined that the bid of Stewart
Construction Company of East Du-
Special Session, June 17, 1974 349
buque, Illinois in the amount of
$106,296.30 was the lowest. bid for
the furnishing dperformingll or and ma-
the work
terials and p
as provided for in the plans and
specifications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Stewart Construction Com-
pany and the Manager be and he
is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete per-
formance of said work.
BE IT FURTHER RESOLVED,
that upon the signingof said con-
con -
tract and the approval
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
Passed and adopted this 17th
day of June, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E, Brady
Emil Stackis
Alvin E. Lundh
Councilmen
quired and is acquiring certain
parcels of real estate; and
WHEREAS, in order to provide
cleared land for redevelopment
and for certain public improve-
ments; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the City Clerk
be and he is hereby authorized
and directed to publish "Invita-
tion for Bids" for Demolition Con-
tract No. 1-74 for the demolition
and site clearance of Parcel 154
in the Downtown Urban Renewal
Project, Iowa R-15, in the form of
Exhibit "A" attached hereto and
made a part hereof.
Passed, adopted and approved
this 17th day of June, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 244.74
Authorizing the Advertising of
Bids for the Demolition and Site
Clearance of Parcel 154 in the
Downtown Urban Renewal Proi-
ect, Iowa R-15.
WHEREAS, the City of Dubuque
under date of July 26, 1967, en-
tered into a Loan and Capital
Grant Contract with the United
States of America providing for
financial assistance to the City of
Dubuque under Title 1 of Housing
Act of 1949, as amended, for the
undertaking of the Downtown Ur-
ban Renewal Project Iowa R-15;
and
WHERAS, the City of Dubuque
pursuant to such contract and to
implement the Urban Renewal
Plan for the Project Area has ac-
Attest:
Leo F. Frommelt
City Clerk
INVITATIONS FOR BIDS
Demolition Contract No. 1.74
The City of Dubuque, State of
Iowa, will receive sealed proposals
for demolition of buildings and
structures and site clearance for
the Downtown Urban Renewal
Project, Iowa R-15, until 10 o'clock
A.M. Central Daylight Time on
July 5, 1974, at the Office of the
City Clerk, City Hall, 13th and
Iowa, Dubuque, Iowa, at which
time all bids will be publicly op-
ened and read in Council Cham-
bers. This project will consist of
approximately 1 major building
and all other improvements that
may in fact exist upon the parcels
to be cleared. All improvements
are to be demolished or disman.
tled on the site.
Contract Documents, including
drawings, technical drawings and
forms are on file with the Direc.
tor of Urban Renewal.
Copies of the Contract Docu-
ments may be obtained by depos.
iting $10.00 with the Director of
the Department of Housing and
Redevelop ubuque 1tIowa,te Bfor lseach
Building,
set of documents so obtained. Each
such deposit will be refunded if
350 Special Session, June 17, 1974
the documents are returned in
good condition within 10 days af-
ter bid opening.
A certified check or bank draft,
payable to the order of the City
of Dubuque, negotiable U.S. Gov-
ernment bonds, or a satisfactory
Bid Bond executed by the Bidder
and an acceptable surety, in an
amount equal to ten percent (10%)
of the estimated cost of Demoli.
tion and Site Clearance exclusive
of any deductions for salvage,
shall be submitted with each bid.
The successful Bidder will be
required to furnish and pay for
satisfactory performance and pay-
ment bond or bonds.
Attention is called to the fact
that not less than the minimum
salaries and wages as set forth in
the Contract Documents must be
paid on this project, and the suc-
cessful Bidder may be required
to provide a written Affirmative
Action Program.
The City of Dubuque reserves
the right to reject any or all Bids
or to waive any informalities in
the bidding.
Bids may be held by the City
of Dubuque for a period .lot to
exceed thirty (30) days from the
date of the opening of Bids for
the purpose of reviewing the Bids
and investigating the qualifica-
tions of the Bidders, prior to
awarding of the Contract.
CITY OF DUBUQUE
Leo F. Frommelt
City Clerk
DATE: June 17, 1974.
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice to
Contractors of the Receipt of Pro-
posals for the Construction of the
1974 Concrete Paving with Inte-
gral Curb Project No. 2:
1. Dodge Street -Grandview Ave.
nue intersection reconstruction and
signalization.
2. Ninth Street - from Eighth
Street to Hill Street and Univer-
sity Avenue intersection recon.
struction, presented and read. Ma-
yor Thoms moved the proof of
Publication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 14, 1974
To the Honorable Mayor
and City Council
Pursuant to your instructions,
scaled bids were received until
10:00 a.m., Friday, June 14, 1974
for the City of Dubuque 1974 Con-
crete Paving Project No. 2. The
lowest bid entered was entered by
Flynn Co., Inc. of Dubuque, Iowa.
Their bid was 23.88% over the En.
gineer's Estimate.
The bid for Dodge and Grand.
view Intersections was $73,464,80
which is 54.07% over the Engi-
neer's Estimate.
The bid for 9th and Univer-
sity Intersections was $134,513.30
which is 11.9% over the estimate.
I, therefore, recommend the
contract be awarded to construct
the 9th, Hill, 8th and University
Intersections only.
The Dodge and Grandview Inter-
section which I recommend be de-
leted could be widened next year
in conjunction with proposed re-
paving of Dodge from Grandview
to Bluff.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
(Awarding Contract)
RESOLUTION NO. 245.74
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the City of Dubuque 1974
Concrete Paving with Integral
Curb Project No. 2 -9th, Hill, Uni-
versity and 8th Street Intersec-
tion only.
Dodge and Grandview Intersec-
tion deleted pursuant to Resolu-
tion No. 206-74 and notice to bid-
ders published in a newspaper
published in said City on May 29,
1974 and June 5, 1974; and
WHEREAS, said sealed propos-
als were opened and read on June
14, 1974, and it has been deter-
mined that the bid of Flynn Com-
pany Inc, of Dubuque, Iowa in the
Special Session, June 17, 1974 351
of $134,513.30 was the low. Daniel William Bauer, 351 Dodge
amount
est bid for the furnishing of all
Street
labor and materials and perform- Ronald D. Adams, 2195 Central
ing the work as provided for in
the plans and specifications; now
Avenue
William Baum, 3165 Central
therefore,
BE IT RESOLVED by the City Robert
Ave meJ.
L. Becker, 241.8 Central
Council of the City of Dubuque
the contract for the above Grandview
Avenue
Drugs, 486 North
that
improvement be award-
Grandview Avenue
mentioned
to Flynn Company Inc. and the Carl
Hirsch, 532 East 22nd Street
ed
Manager be and he is hereby di- John
J. Heiderscheit, 1278 Central
rected to execute a contract on
the City of Dubuque for
Avenue
Albert Hinz, 3301 Pennsylvania
behalf of
the complete performance of said
Florencelder, 113 nSSt.
E. ha
ke 00" Service ta-
work.
BE IT FURTHER RESOLVED,
tion, 1005 Dodge Street
that upon the signing of said con-
Milton Fink, 3165 Central Avenue
Ralph J. Grabow, 1050 University
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
Avenue
General Cinema Corp., 555 John F.
turn the bid deposits of the unsuc-
Keen yRoad
G C. Kirchberg , 3203 Jackson
cessful bidders.
Passed and adopted this 17th
Harry etKopple, 1098 University
day of June, 1974.
Allan Thoms
Avenue
Ernest J. Kretz, 21st and Central
Mayor
C. Robert Justmann
Avenue
Vincent W. Mescher, 1233 Rhom-
James Brady
berg Avenue
ckis
Emil Stackis
Alvin E. Lundh
Kermit Meyers, 336 Main Street
James L. Norton, 902 Main Street
Councilmen
William O'Neill, 55 Locust Street
Attest:
Dave Parochetti and Steve Glew,
Leo F. Frommelt
2600 Dodge Street
pity Clerk
Joseph E. Reisdorf, 601 Rhomberg
Mayor Thoms moved adoption
of the resolution. Seconded by
Avenue
Karl Ricketts, 1400 Central Ave.
Councilman Stackis. Carried by
Sally Josephine Roy, 400 Central
the following vote:
Yeas — Mayor Thoms, Council.
Avenue
Ruegnitz Drug Store, 629 Rhom-
men Brady, Justmann, Lundh,
berg Avenue
Stackis.
Lawrence and Ethel Schwartz, 500
Nays—None.
Rhomberg Avenue
RESOLUTION NO. 246.74
by the City
Peter Sfikas, 401 Central Avenue
Bessie Sfikas, 926 Main Street
BE IT RESOLVED
Council of the City of Dubuque,
Melvin A. Spiegelhalter, 1029%
Iowa, that the following having
of
Main Street
Patricia A. Sutton, 2850 Burling -
complied with the provisions
law relating to the sale of Ciga•
ton Street
Oky Doky #6,
rettes within the City of Dubuque,
John F, Thompson,
Iowa, be granted a permit to sell
1256 Iowa Street
Oky Doky #9,
Cigarettes and Cigarette Papers
John F. Thompson,
51 East 32nd Street
within said City.
Julien Motor Inn, 200 Main Street
John F. Thompson, Oky Doky #11,
The Office Grill, 9th and Main St.
2119 Rhomberg Avenue
aCentralAve.
C.resselof
Fischer Bowling Lanes, 880 Locust
Allen
700
stem hom-
Sy Iowa,
Street
Carl N. Brant, 2600 Central Ave,
Wareco
berg Avenue
J. Ferring, 385 East 13th
Mary A. Miller, 700 East 16th St.
Theodore
Riverside Bowl, Inc., 1860 Haw-
Charles Street Adams, 201h and Jackson
Thorne Street
John C. Andresen, 229 8th Avenue
Streets
nt 5-A Lounge, 555 John
John C. Andresen, 555 John F.
A Kennedy Road
Kennedy Road
352 Special Session, June 17, 1974
Aquinas Institute of Theology,
2570 Asbury Road
Robert Beidler, 1122 Dodge Street
William Hancock, 2205 Carter Rd.
Brian Vincent, 3305 Asbury Road
Donna Ginter, 342 Main Street
Phil McCollum, 1350 John F. Ken.
nedy Road
Carousel Snack Bar, 555 John F.
Kennedy Road
Edward A. Bailey, 1298 Main St.
Leonard H. Crane and Betty L.
Crane, 2245 John F. Kennedy Rd.
Anthony A. Helling and Bette O.
Helling, 701 Dodge Street
Donald Plumley, 5th and Locust
Streets
James E. Coates, New City Harbor
Fraternal Order of Eagles, 1175
Century Drive
Elks Club, 701 Locust Street
Eska Co., 2400 Kerper Blvd.
Holiday Inn, 1111 Dodge Street
James Lange, 2600 Dodge Street
Joseph Sutter, 3195 Jackson Street
K -Mart, 2600 Dodge Street
Knights of Columbus, 781 Locust
Street
Richard Ring, 115 West 11th Street
Marco Guinta, 2022 Central Ave.
Firestone Tire Co., 7th and Bluff
Streets
Charles Nesteby, 3200 Central Ave.
Arthur Pins, 2699 John F. Kennedy
Road
Ponderosa Steak House, 2035 John
F. Kennedy Road
Michael F. Pusateri, 2560 Dodge St.
Randall's Foodarama, 2600 Dodge
Street
Sears Roebuck and Co., 300 South
Locust Street
Francis J. Shanahan, 2501 Rhom-
berg Avenue
Shike-Richardson, Inc., 1475 John
F. Kennedy Road
Stampfers Dept. Store, Town Clock
Plaza
Thelma Lenstra, 410 West 8th St.
Rita Schueller, Town Clock Plaza
.lack S. Siefker, 1081 University
Avenue
Woolworth's, 555 John F. Kennedy
Road
Zayre Snack Bar, 255 John F.
Kennedy Road
Anthony Haberger and Gary
Stewart, 9th and Central Ave.
George K. Arvanitis, 1958 Central
Avenue
Passed, adopted and approved
this 17th day of June 1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
RESOLUTION NO. 247.74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT R&
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the Citv.
CLASS "C" BEER PERMITS
Robert L. Becker, 2418 Central
Avenue
Passed, adopted and approved
this 17th day of June 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, .Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 248-74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
Special Session, June 17, 1974 353
NOW THEREFORE BE rr RE
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the follow-
ing named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Robert L.
Becker, 2418 Central
Avenue
Passed,
adopted and approved
this 17th
day of ,Tune 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -- None.
RESOLUTION NO. 249-74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Joseph E. Reisdorf, dba Ten Pin
Tap, 601 Rhomberg Avenue
Phillip R. Love, dba The Finale
Lounge, 1701 Central Avenue
Melvin A. Spiegelhalter'dba Du-
buque Bowling Lanes, 1029'4,
Main Street
Passed, adopted and approved
this 17th day of June 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
RESOLUTION NO. 2SO-74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WIIEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the follow-
ing named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Joseph E. Reisdorf, dba Ten Pin
Tap, 601 Rhomberg Avenue
Phillip R. Love, dba The Finale
Lounge, 1701 Central Avenue
Melvin A. Spiegelhalter, dba Du-
buque Bowling Lanes, 10294
Main Street roved
Passed, adopted and app
this 17th day of June 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun
cilman Lundh. Carried by the fol-
lowing vote:
I yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
There being no further business,
Councilman Stackis m Counc lman
journ.Seconded b
Brady. Carried by the following
vote:
354 Special Session, June 17, 1974
Yeas — Mayor Tboms, Council-
men Brady, Justmann, Lundb, Stac-
kis.
Nays — None.
Leo F. Frommelt
City Clerk
October A -
Approved October 14 1974
Adopted October 14 1974
Special Session, June 28, 1974 355
CITY COUNCIL
OFFICIAL
Special session, June 28, 1974.
Council met at 4,30 P.M. (C.D.T.)
Present — Mayor Thorns, Council-
men Brady, Lundh, Stackis. City Ma-
nager Gilbert D. Chavenelle.
Absent — Councilman Justmann.
Mayor Thoms read the call and
stated that service thereof had been
duly made and this meeting is call-
ed for the purpose of considering
approval of various business li-
censes and acting upon such other
business as may properly come be-
fore a regular meeting of the Coun-
cil.
RESOLUTION NO. 251.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having com-
plied with the provisions of law re-
lating to the sale of Cigarettes with-
in the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes
and Cigarette Papers within said
City.
Thomas Andresen, 1080 University
Avenue
Marshall Birch, Jones & Locust Sts.
Josephine Burke, 1445 Central Ave.
Bishops Buffet, Inc., 555 John F.
Kennedy Road
Richard W. Burkholder & Kay J.
Nemmers, 250 West 1st Street
Canfield Hotel, Inc., 36 West 4th
Street
Earl G. Corbett, 908 West Locust
Street
Ralph J. Cremer, 731 Rhomber
Avenue
Creslanes Bowling Inc., 255 South
Main Street
Robert E. Crockett, 3187 University
Avenue
Rudy Dittmar, 1646 Asbury Road
M. L. Donovan, 1876 Central Ave.
Dubuque Golf and Country Club
1800 Randall Place
Dubuque Packing Company Reta'
Market, 16th & Sycamore Street
Jack Dunbar, 504 Central Avenue
Delores Elliott, 2093 Washington S
Victoria Ellis, 120 West 4th Street
Lorraine Fransen. 1900 Washingto
Street
Leona R. Friedman, 620 East 16
Street
Francis J. George & John F. Georg
1481 Dodge Street
John F. Glynn, 760 East 18th Street
Lorraine Gordon, 2327 Central Ave.
John F. Hall, 2616 Windsor Avenue
Richard J. Hantelmann, 902 Main
Street
Louis Juergens & Merian Juergens,
Municipal Airport
Frank & Darlene Kelly, Kennedy &
Pennsylvania Avenue
Frank & Darlene Kelly, 400 Rhom-
berg Avenue
Frank & Darlene Kelly, 1401 Cen-
tral Avenue
Frank & Darlene Kelly, 980 Dodge
Street
Frank & Darlene Kelly, 605 Dodge
Street
Donald Kies. 2620 University Ave.
James J. Klauer, 1646 Asbury Road
Duane C. Koeller, 1701 Asbury Road
Elizabeth Krajnovich, 481 Locust St.
Jeanette Kroeger, 431 Rhomberg
Avenue
Dennis Kenneth Manahl, 3201 Cen.
tral Avenue
A. Y. McDonald Mfg Co., 12th and
Pine Street
Cyril N. Meitl, 1555 Central Avenue
Merchants Hotel, 304 Main Street
Catherine M. Meyer, 530 East 22nd
Street
Shirley Mihalakis, 574 East 16th St.
Montgomery Ward & Company, 555
John F. Kennedy Road
Russell E. Myers, 1618 Central
Avenue
Nabors Drug ,"4. 1920 Elm Street
National Tea Company, 2013 Cen-
tral Avenue
Albert J. Ney & Dolores S. Roeth,
6th and Central Avenue
Raymond Ney, 2186 Central Ave.
Dick O'Hara, 70 South 9 Elm Street
g Eugene A. Otting,
Pizza Hut, 2075 John F. Kennedy Rd.
Joseph Polfer, 2612 Dodge Street
Ronald Pothoff, 255 Locust Street
Rainbow Oil Co. '81075 Do a Street
John L. Savary, 1187 Iowa
eet
George Scherer (Mrs.),
Street
Douglas L. Schlickman, 90 South Lo-
cust Street
David C. l hmitz, 504 Bluff Street
Mathais Ac S hneller, 2372 Central
Avenue
Paul t Locust St.
Albert J. cSchult y,e18756University
n Avenue
Earl E. Schumacher, 2204 Central
th Avenue 2296 University
Frank J. Schwind,
e Avenue
Lowrie E. Smith, 521 East 22nd St,
356 Special Session, June 28, 1974
Harry E. Egli, Mr. Steak, 2660 Dodge
Street
Kenneth Stecklein, 2480 University
Avenue
Earl Tegler, 2311 Windsor Avenue
Raymond L. Tschiggfrie, 1190
Dodge Street
Carl VanDuelman, 590 Clarke Dr.
William J. White, 1993 Asbury St.
Will -Co Inc. Oky Doky Foods x`10,
805 West 5th Street
Barney Willenborg, 1301 Rhomberg
Avenue
Chuck N. Wong, 378 Main Street
Eileen Wunder, 1046 Central Ave.
Ronald T. Amundson & Richard B.
Winsor, 253 Main Street
Marshall R. Birch & Betty J. Birch,
1281 Dodge Street
Clarke College, 1550 Clarke Drive
William Dunne, Jones & Locust St.
Mrs. Adel Fens, 210 West 1st Street
James Kachevas, 665 Dodge Street
Robert Klauer, 3rd and Locust St.
Kay Lester, 1322 Central Avenue
Loras College, 1450 Alta Vista St.
Gerald E. Miller, Sr.. 2417 Rhom-
berg Avenue
William Miller & Oscar Bruggeman,
380 East 4th Street
Nelson Norwood, Bunker Hill Road
Joseph Paradiso, 3050 Asbury Road
Roshek's Dept Store, 555 John F.
Kennedy Road
Louis A. Ring, 1185 Dodge Street
Donald Sand, 2364 Washington St.
George Sorensen & Mary Lou Sor-
ensen, 1105 University Avenue
Charles Spielman, 2401 Windsor
Avenue
Trausch Baking Co., 25 Main Street
University of Dubuque, 2050 Uni-
versity Avenue
Marian Bridge, 139 Locust Street
Rita M. Clancy, 201 East 22id Street.
Ursula Drake, 1097 Jackson Street
Jane Fitzgibbons, 2400 Central Ave.
Mark K. Ford, 1027 Rhomberg Ave.
Lavern Hennen, 3300 Asbury Street
Dorothy Hentges, 2412 Central Ave.
Robert Karr, 31 Locust Street
Walter J. Kunnert, 4th and Locust
Street
Kenneth Jerome Love, 802 Central
Avenue
John Neumeister, 729 Lincoln Ave.
Coletta A. Potter, 1103 Iowa Street
Richard Stecklein, Melvin B. Me-
Sperrin, 450 West Locust Street
Donald E. Wertz, 1545 South Grand-
view Avenue
Passed, adopted and approved
this 28th day of June 1974.
Allan T. Thoma
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thorns. Carried by the follow.
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
RESOLUTION NO. 252.74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing applications be granted and
permits issued upon the compliance
with the terms of the Ordinances of
the City.
CLASS "B" BEER PERMIT
Catherine Mary Meyer, Meyer's Ta-
vern, 530 East 22nd Street
Passed, adopted and approved
this 28th day of June 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded by
Mayor Thom. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council,
men Brady, Lundh, Stackis.
Nays None.
Absent — Councilman Justmann.
RESOLUTION NO. 253.74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have re-
ceived the approval of this Council;
and
WHEREAS, the premises to be Oc-
cupied by such applicants werwn-
spected and found to comply With
the ordinances of this City and they
have filed proper bonds;
Special SesFion, June 28, 1974 357
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the Ma-
nager be authorized to cause to be
issued to the following named appli-
cants a Beer Permit.
CLASS "B" BEER PERMIT
Catherine Mary Meyer, Meyer's Ta-
vern, 530 East 22nd Street
Passed, adopted and approved
this 28th day of June 1974.
Allan T. Thorns
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thorns. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann
Edward A. Bailey, 1298 Main Street
Eugene Arthur Otting, 1689 Elm St.
Kenneth Jerome Love, 802 Central
Avenue
Passed, adopted and approved
this 28th day of June 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thorns . Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
RESOLUTION NO. 254.74
WHEREAS, applications for I.i-
quor Licenses have been submitted
to this Council for approval and the
same have been examined,
NOW THEREFORE BE IT RF-
SOLVED
ESOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing applications be approved and
licenses issued upon the compliance
with the provisions of Chapter 131,
Acts of the First Regular Session,
64th General Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Joseph A. Paradiso and Gary Buss,
3050 Asbury Road
Russell E. Myers, 1618 Central Ave.
Creslanes Bowling Inc. and Sunday
Sales, 255 South Main Street
Arthur W. Pins, 2699 Kennedy Road
Cyril N. Meitl, 1555 Central Avenue
Michael F. Pusateri, 2560 Dodge St.
Paul Schollmeyer, 176 Locust Street
John L. Savary, 827 Dodge Street
Albert Ney and Dolores Roeth, 600
Central Avenue
Elizabeth Krajnovich, 481 Locust St.
Eileen Wunder, 1046 Central Ave.
Donald T. Sand, 2364 Washington
Street
Barney Willenborg, 1301 Rhomberg
Avenue
Sally Josephine Roy, 400 Central
Avenue
RESOLUTION NO. 255.74
WHEREAS, applications for Li-
censes were filed by the within
named applicants and they have re-
ceived the approval of this Council,
and
WHEREAS, the premises to be oc-
cupied by such applicants were
in-
spected and found to comply p
the State Law and all City Ordi-
nanefs relevant thereto and they
have filed proper bonds.
NOW THEREFORE BE 1T RE-
SOLVED by the City Council of Du-
buque, Iowa, that the Manager be
authorized to cause to be issued to
the following named applicants 8
Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Joseph A. Paradiso & Gary Buss,
3050 Asbury Road
Russell E. Myers, 1618 Central Ave.
Creslanes Bowling Inc. and Sunday
Sales, 255 South Main Street
Arthur W. Pins, 2699 Kennedy Road
Cyril N. Meitl, 1555 Central Avenue
Michael F. Pusateri, 2560 Dodge St.
Paul Schollmeyer, 176 Locust Street
John L. Savary, 827 Dodge Street
Albert Ney and Dolores Roeth, 600
Central Avenue
Elizabeth Krajnovich, 481 Locust St.
Eileen Wunder, 1046 Central Ave.
Donald T. Sand, 2364 Washington
Street 1301 Rhomberg
Barney Willenborg,
Avenue 400 Central
Sally Josephine Roy,
Avenue
3558 Special Session, June 28, 1974
Eduard A. Bailey, 1298 Main Street
Eugene Arthur Otting, 1689 Elm St.
Kenneth Jerome Love, 802 Central
Avenue
Passed, adopted and approved
this 28th day of June 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Application of Dubuque Jaycees
for transfer of Beer Permit License
from 1023% Main Street to 2241
Lincoln Avenue, presented and
read, Mayor Thoms moved to sus-
pend the rules to let anyone address
the Council if they so desire. Se-
conded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brr.dy, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Dennis Naughton addressed the
Council on behalf of the Jaycees Pe-
tition. Councilman Lundh moved
the application of the Dubuque Jay-
cees be approved. Seconded by Ma-
yor Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Lundh, Stackis.
Nays — Councilman Brady.
Absent — Councilman Justmann.
There being no further business,
Mayor Thoms moved to adjourn the
meeting. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None,
Absent — Councilman Justmann,
Leo F. Frommelt
City Clerk
October ,
Approved _ ....................................1974
October 14,1979
Adopted...............................
...... .................:..... ...r. ... .... .........
......
ayor
/ ....... ....t.,- ........
40-u- n. 'lmen
City- erk.
Regular Session, July 1, 1974 359
CITY COUNCIL i
OFFICIAL
Regular Session, July 11 1974.
Council met at 7:30 P.M. (C.D.T,)
Present—Mayor Thoms, Council-
men Brady, Justmann, Lundh, 1
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is the REGULARMONTHLY
SETING called for the upsuch business
ose
of acting P
as
may properly come before the
meeting.
Communication of Low -Rent
Housing Commission submitting
minutes of their meeting of June
18, 1974, presented and read. Coun-
cilman Justmann moved the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Administra-
tive Asst. Vermeer to the Gov-
ernor of the State of Iowa, ad-
dressed to the Mayor, appreciating
interest in railroads and advising
that the Mayor's letter will be sent
to the State Department of Trans-
portation, presented and mad.
Councilman Justmann moved that
the communication be received
and filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.--
NaysNone.
Communication of Amtrak thank-
ing the Mayor for his correspond-
ence requesting additional Amtrak
service to Northern Iowa, present-
ed and read. Councilman Justmann
moved that the communication be
received and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
Communication of Iowa State
Highway Commission submitting
Primary Road extension agreement
for maintenance and operation
rom July 1, 1974,.thru ,lune 30,
975, in the amount of $3583.50,
P
and read. Councilman
Justmann moved that the com-
munication be received and filed
and refer to City Manager for
signature. Seconded by Council-
man Brady. Carried by the fol -
owing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Planning &
Zoning Commission submitting
minutes of their meetings of May
22, and June 19, 1974, presented
and read. Councilman Justmann
moved that the communication be
received and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 28, 1974
Honorable: Mayor and
City Council
The Advisory Commission has
responded to your request for a
study of alternatives and a rec-
ommendation for housing city gov-
ernment. The recommendation of
the commission is a plan which
includes the purchase of the Med-
ical Associates building, when va-
cated, for a maximum of $360,000
and the use of the facility with
the present city hall. This pro-
posal involves the least cost to
the taxpayer and provides the most
useable space.
Although there is no recommen-
dation for renovation of present
city hall, there is recommendation
implied that it be well maintained
and used to the best advantage
of the city and remodeling inci-
dental to suchuse would ofb ad-
vised. The proponents
ns
involving renovation of present
city hall indicated to the commis-
sion that federal funds are avail-
able for use in repair and renovat.
ing of buildings on the National
Register of Historic Buildings.
Some of the research material
submitted by the various study
committees is enclosed. This may
be helpful in your review of our
recommendation. I feel that the
chairmen of the study committees
also may be called upon by you
for further information or back-
360 Regular Session, July 1, 1974
ground on the research if you
wish.
Robert L. Lut.hro
Chairman
Advisory Commission
Mayor Thoms moved that the
communication be received and
filed and referred to Council for
session with Advisory Commis-
sion. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann. Lundh,
Stackis.
Nays—None.
June 28, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the Code
of Iowa, 1973, the Civil Service
Commission conducted Entrance
examinations on April 11, 1974
for applicants seeking positions on
the FIRE Department.
The following named applicant;
have passed both the written and
physical examinations and are
hereby certified for appointment
to the FIRE Department.
Schreiber, James E . 91%
Danielson, Richard P. 84%
Weiss, Neil E. 84%
Carroll, Dennis J. 77%
Kutsch, Patrick L. 77%
Theisen, Steven J. 76%
Marvin A. VanSickle
Chairman
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 1st day of July 1974.
L. D. Hantelmann
Notary Public
Mayor Thoms moved the com-
munication be received and filed
and made a matter of record. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
July 1, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted entrance
examinations on April 9, 1974 for
applicants seeking positions to the
POLICE Department.
The following named applieants
have passed both the written and
physical examinations and are
hereby certified for appointment
to the POLICE Department.
Hanfelt, Carol A. 80%
Schaefer, Thomas F. 75%
Weiss, Neil E. 73%
Albrecht, Louis B. 72%
Kunau, Charles E. 72%
Marvin A. VanSickle
Chairman
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 1st day of July 1974,
Z. D. Hantelmann
Notary Public
Mayor Thoms moved the com-
munication be received and filed
and made a matter of record. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lindh,
Stackis.
Nays—None.
June 25, 1974
Honorable Mayor
and City Council
I herewith submit the reports
of the City Auditor, Trea,urer,
Health Department, Water Depart-
ment and a list of claims paid for
the month of May 1974.
Respectfully
Gilbert 1). Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher of Planned
Use Report General Revenue Shar-
ing as published on June 21, 1974,
presented and read. Councilman
Stackis moved the proof of pub-
lication be received and filed. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Regular Session, July 1, 1974 361
yeas — Mayor Thoms, Council- the street at the bus stop at Fourth
men Brady, Justmann, Lundh,
and Main Streets.
This matteT was referred to the
Stackis,
Nays. None.
City Attorney who has made an
Notice of Claim of Jerry Snutt-
investigation thereof and has con-
in an undetermined amount,
ferred with the claimant, and
jer
for personal injuries received in
at the inter-
claimant has made an offer of
settlement of said claim in the
a fall in the street
of 6th and Bluff Street on
amount of $50.00. It is the rec-
section
May 21, 1974, presented and read.
Brady moved the No-
ommendation of the City Attorney
that said offer of settlement be
Councilman
Claim be referred to the
accepted and that the City Auditor
tice of
City Solicitor for proper proceed-
be directed to draw warrant pay-
in
ings. Seconded by Councilman
able to Mrs. Mary Jane Kelly
Lundh. Carried by the following
the amount of $50.00 and to trans-
mit same bo this office for delivery
vote:
Mayor Thoms, Council-
upon receipt of duly executed re-
yeas —
men Brady, Justmann, Lundh,
leases.
Original claim is returned here-
Stackis.
with.
Nays—None.
Notice of Claim of Gerald T.
R. N. Russo
Dolter, in the amount of $4057.,
damage incurred as the
City Attorney
Councilman Brady moved the
for storm
of a tree falling on to his
recommendation of settlement be
result
home at 1090 Glen Oak on June
approved. Seconded by Council-
the fol-
20, 1974, presented and read.
man Lundh. Carried by
Councilman Brady moved the No-
tice of Claim be referred to the
lowing vote:
Yeas — Mayor Thoms, Council-
City Solicitor for proper proceed-
men Brady, Justmann, Lundh,
ings. Seconded by Councilman
stackis.
Lundh. Carried by the following
Nays—None.
Proof of Publication, certified to
vote:
Yeas — Mayor Thoms, Council-
by the Publisher, of Notice of
150' in depth
men Brady, Justmann, Lundh.
Hearing to rezone
and 625' north of Davis Avenue
Stackis.
Nays—None.
adjoining Xavier Hospital from
Planned Unht develop-
Notice of Claim of Elmer G.
Thomas in the amount of $15.00
Multiple
ment classification to Hospital
District Ciassifics-
for replacement of a mail box
was destroyed while push-
Medical Zoning
tion (Sisters of St. Francis), Pre-
which
ing trees off the road at 2700
se d read.
No wr t en objections were filed
Roosevelt Street on June 20, 1974,
objectors were present
presented and read. Councilman
and no oral
in the Council Chamber at the
Brady moved the Notice of Claim
time e hearing.
set for thBradym
be referred to the City Solicitor
for proper proceedings, Seconded
COcilmanmoved that
be receiv-
by Councilman Lundh, Carried by
the proof of publication
and filed. Seconded by Council-
the following vote:
ed
Stackis. Carried by the fol
Yeas — Mayor Thoms, Council- man
men Brady, Justmann, Lundh, lowing vote: Council
Mayor Thoms,
Staekis.
Yeas —
men Brady, Justmann, Lundh,
Nays—None.
June 27, 1974 Stackis.Honorable
Mayor
Nays —None.June 27, 1974
and City Council
Honorable Mayor and
On February 26, 1974, Mrs. Mary
Jane Kelly of 433 West Locust, Councilmen
Dubuque Planning
Dubuque, Iowa, filed claim against The City of
the City of Dubuque for personal and Zoning Commission has re,
of the Sisters of
petition
injuries in an unstated amount viewed a pe nesting the north-
St. Francis, req
and alleging that she received
bursitis erly ewtension of the Hospital-Med-
bruises, contusions, and
ical zoning district on their prop-
the right pelvic area on Jan-
nary as a result a fall erty. The Commission. has been
u aware of the technical diffi-
due to rough and unevenn ice
to
in made
360 Regular Session, July 1, 1974
ground on the research if you
wish.
Robert L. Luthro
Chairman
Advisory Commission
Mayor Thoms moved that the
communication be received and
filed and referred to Council for
session with Advisory Commis-
sion. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 28, 1974
To the honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the Code
of Iowa, 1973, the Civil Service
Commission conducted Entrance
examinations on April 11, 1974
for applicants seeking positions on
the FIRE Department.
The following named applicant
have passed both the written and
physical examinations and are
hereby certified for appointment
to the FIRE Department.
Schreiber, James E . 91%
Danielson, Richard P. 84%
Weiss, Neil E. 84%
Carroll, Dennis J. 77%
Kutsch, Patrick L. 77%
Theisen, Steven J. 76%
Marvin A. VanSickle
Chairman
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 1st day of July 1974.
Z. D. Hantelmann
Notary Public
Mayor Thoms moved the com-
munication be received and filed
and made a matter of record. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays --None,
July 1, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted entrance
examinations on April 9, 1974 for
applicants seeking positions to the
POLICE Department.
The following named applicants
have passed both the written and
physical examinations and are
hereby certified for appointment
to the POLICE Department.
Hanfelt., Carol A. 80%
Schaefer, Thomas F 75%
Weiss, Neil E. 73%
Albrecht, Louis B. 72%
Kunau, Charles E. 72
Marvin A. VanSickle
Chairman
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 1st day of July 1974.
Z. D. Hantelmann
Notary Public
Mayor Thoms moved the com-
munication be received and filed
and made a matter of record. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 25, 1974
Honorable Mayor
and City Council
I herewith submit the relxn•ts
of the City Auditor, Treasurer,
Health Department, Water Depart-
ment and a list of claims paid for
the month of May 1974.
Respectfully
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher of Planned
Use Report General Revenue Shar-
ing as published on June 21. 1974,
presented and read. Councilman
Stackis moved the proof of pub-
lication be received and filed. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Regular Session, July 1, 1974 361
Yeas _. Mayor Thorns, Council-
men Brady, Justmann, Lundh,
sclds.
Nays—None.
Notice of Claim of Jerry Snutt•
jer in an undetermined amount.
for personal injuries received in
a fall in the street at the inter-
section of 6th and Bluff and read
May 21, 1974, presented
Councilman Brady moved the No-
tice of Claim be referred to e
City Solicitor for proper proeeelman
ro
ings. Seconded by the following
Lundh. Carried by
vote:
Yeas _. Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Gerald T.
Dolter, in the amount of $4057.,
for storm damage incurred as the
result of a tree falling on to his
home at 1090 Glen Oak on June
20, 1974, presented and read.
Councilman Brady moved the No.
tice of Claim be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas ra MayJut Thorns,
Lundh,
Council-
men Brady, sm
Stackis.
Nays—None.
Notice of Claim of Elmer G.
Thomas, in the amount of $15.00
for replacement of a mail box
which was destroyed while push-
ing trees off the road at 2700
Roosevelt Street on June 20, 1974,
presented and read. Councilman
Brady moved the Notice of Claim
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 27, 1974
Honorable Mayor
and City Council
On February 26, 1974, Mrs. Mary
Jane Kelly of 433 West Locust,
Dubuque, Iowa, filed claim against
the City of Dubuque for personal
injuries in an unstated amount
and alleging that she received
bruises, contusions, and bursitis
of the right pelvic area on Jan-
uary 28, 1974, as a result of a fall
due to rough and uneven ice in
the street at the bus stop at Fourth
and Main Streets.
This matter was referred to the
City Attorney who has made an
investigation thereof and has con-
ferred with the claimant, and
claimant has made an offer of
settlement of said claim in the
amount of $50.00. It is the rec-
ommendation of the City Attorney
that said offer of settlement be
accepted and that the City Auditor
be directed to draw warrant pay-
able to Mrs. Mary Jane Kelly in
the amount of $50.00 and to trans-
mit same to this office for delivery
upon receipt of duly executed re-
leases.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Brady moved the
recommendation of settlement be
approved. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of
Hearing to rezone 150' in depth
and 625' north of Davis Avenue
adjoining Xavier Hospital from
Multiple Planned Unit develop-
ment classification to Hospital
Medical Zoning District Classifica-
tion (Sisters of St. Francis), pre-
sented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the hearing.
Councilman Brady moved that
the proof of publication be receiv-
ed and filed. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thom, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
June 27, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed a petition of the Sisters of
St. Francis, requesting the north-
erly extension of the Hospital -Med-
ical zoning district on their prop-
erty. The Commission has been
made aware of the technical diffi-
362 Regular Session, Jule 1, 1974
culties in locating a medical build-
ing within the limits of the exist-
ing Hospital -Medical zoning dis-
trict, and has determined that the
northward extension of the district
boundary does not constitute a
significant change to development
plans for the area.
The Planning and Zoning Com-
mission has recommended that the
Hospital -Medical District be extend-
ed northerly an additional 150 feet
as requested by the Sisters of St.
Francis.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Brady moved that
the communication be received and
filed. Seconded by Councilman
Stackis. Carreid by the following
vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 42.74
An Ordinance Amending and
Changing Ordinance No. 3-34,
Known as "The Zoning Ordin-
ance and Zoning Map of the City
of Dubuque, Iowa," so as to
change certain hereinafter de-
scribed property from Multiple
Residence -Planned Unit Develop-
ment District to Hospital -Medical
District,
said Ordinance having been pre-
viously presented and read at the
Council meeting of June 10, 1974,
Presented for final adoption.
ORDINANCE NO. 4274
AN ORDINANCE AMENDING
AND CHANGING ORDINANCE
NO. 3-34, KNOWN AS "THE ZON-
ING ORDINANCE AND ZONING
MAP OF THE CITY OF DU-
BUQUE, IOWA", SO AS TO
CHANGE CERTAIN HEREINAF-
TER DESCRIBED PROPERTY
FROM MULTIPLE RESIDENCE -
PLANNED UNIT DEVELOPMENT
DISTRICT TO HOSPITAL-MEDI-
CAI. DISTRICT
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL. OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 3-34,
known m "the Zoning Ordinance and
Zoning Map of the city of Dubuque, Iowa"
be and the same is hereby amended by
changing from "Multiple Residence -Plan-
ned Unit Development District" classifica-
tion to "Hospital -Medical District" clasai-
fication the following described real estate,
to wit:
Commencing at a point on the East
line of the West ya of Lot 2 of the
Southwest t/a of the Southeast ya of
Section 12, T99N, Range 2 East of the
sth Principal Meridian, lying 625 feet
north of the south line of said Section
12, thence westerly a distance of ap-
proximately 630 feet to the West line
Of said West ya of Lot 2 of the South.
west j4 of the Southeast y4 of Sectian
12, thence northerly along said V'en
line a distance of iso feet, thence
Easterly a distance of approximately
630 feet to the East line of said West
% of Lot 2 of the Southwest % of
the Southeast 1/4 of Section 12, thence
Southerly a distance of 150 feet to the
point of beginning.
Section 2. That the foregoing Amend.
ment has heretofore been recommended by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, approved and adopted this Ist
Jay of July, 1974.
Allan T. Thorns
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
C Robert justmann
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph He-
rald Newspaper this sth day of July, 1974.
Leo F. Frommelt
City Clerk
It. 7-s.
Mayor Thorns moved final adop-
tion of the Ordinance. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thongs, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
June 20, 1974
Honorable Mayor
and City Council
I return to you the petition re-
questing stop signs at the Fengler
and Lincoln Avenue intersection. 1
also submit for your consideration
an ordinance requiring vehicular
traffic on Fengler to stop at Lin-
coln.
In support of the proposed ord-
inance I attach a copy of a letter
from Chief O'Brien and recom-
mend that the ordinance be adopt-
ed.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Brady. Carried by the following
vote:
Regular Session, July 1, 19; 1
Yeas --- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --- None.
Passed, approved and adopted
day of July, 1974.
Allan T. Thoms
Moyor
Alvin E. Lundh
ORDINANCE NO. 43-74 Emil Stackis
An Ordinance Amending Ord- James E. Brady
inance No. 33-49 known as the C. Robert Justmann
"Traffic Code of Dubuque, Iowa" Councilmen
as amended by adding a new
Subsection 27 to Section A of
Schedule III thereof to provide
that Eastbound and Westbound
Vehicles on Fengler Street must
stop before entering the Inter-
section of Lincoln Avenue and
Fengler Street,
presented and read.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Mayor i
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Justmann moved
that the rule requiring an Ordin-
ance to be read on three separate
days be waived. Seconded by May-
or Thoms, Carried by the following
vote:
Yeas — Mayor Thongs, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 43-74
AN ORDINANCE: AMENDING OR-
DINANCE NO. 33.49 KNOWN AS
THE "TRAFFIC CODE OF DU-
BUQUE, IOWA", AS AMENDED
BY ADDING A NEW SUBSECTION
27 TO SECTION A OF SCHEDULE
III THERIiOF TO PROVIDE THAT
EASTBOUND AND WESTBOUND
VEHICLES ON IENGLER STREET
MUST STOP BEFORE I7NTERING
THE INTERSECTION OF LIN-
COLN AVENUE AND FENGLER
STREET
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCII.
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa" as amended, be and the same is
hereby amended by enacting a new sub-
section 27 to Section A of Schedule
Ill thereof as follows:
"SCHE.DULE III
A. Eastbound and westbound ve-
hicles must stop before enter-
ing the intersection of:
27. Lincoln Avenue and Fengler
Street."
383
this 1st
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this sth day of July,
1974.
Leo F. Prommelt
City Clerk
It. 7-3.
Councilman Justmann moved fin-
al adoption of the Ordinance. Sec-
onded by Mayor Thoms. Carried by
the following vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -- None.
ORDINANCE NO. 44.74
An Ordinance Amending Ordin-
ance No. 33-49 known as "The
Traffic Code of the City of Du-
buque, Iowa" by repealing Sec-
tion 5.2 thereof and enacting a
new Section 5.2 in lieu thereof to
provide for right turn on red
traffic light and provide for left
turn on red traffic light,
presented and read.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays — None.
Councilman Justmann moved
that the rule requiring an Ordin-
ance to be mad on three separate
days be waived. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -- None.
ORDINANCE NO. 44.74
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 KNOWN
AS "THE TRAFFIC CODE OF
THE CITY OF DUBUQUE. IOWA"
BY REPEALING SECTION 5.2
364 Regular Session, July 1, 1974
THEREOF AND ENACTING A
NEW SECTION 5.2 IN LIEU
THEREOF TO PROVIDE FOR
RIGHT TURN ON REI) TRAFFIC
LIGHT AND PROVIDE FOR LEFT
TURN ON RED TRAFFIC LIGHT
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL.
OF THE CITY OF DUBUQUE, IOWA:
Section 1: That Ordinance No. 33-49
known as 'Traffic Code of the City
of Dubuque, Iowa" be and the same is
hereby amended by repealing Section 5.2
thereof and enacting a new Section 5.2
in lieu thereof as follows:
"5.2 Whenever traffic is controlled
by traffic control signal lights the fol-
lowing signals only shall be used and
said lights shall indicate as follows:
1. Green Alone. Vehicular traffic
facing the signal may proceed
straight through or turn right or
left unless a sign at such place
prohibits either such turn. But
vehicular traffic shall yield the
right of way to other vehicles
and pedestrians lawfully within
the intersection at the time such
signal is exhibited. Except at
intersections where pedestrians are
controlled by separate "Walk"
lights, pedestrians facing the sig-
nal may proceed across the road-
way within any marked or un-
marked crosswalk.
2. Yellow alone when shown fol-
lowing the green or "Go" sig-
nal. Vehicular traffic facing the
signal shall stop before entering
the nearest crosswalk at the inter-
section and remain standing until
green or "go" is shown alone,
but, if such a stop cannot be
made in safety, a vehicle may be
driven cautiously through the in-
tersection. Except at intersections
where pedestrians are controlled
by separate "walk" lights, no
pedestrian shall enter the road-
way unless he can do so safely
and without interfering with ve-
hicular traffic.
3. Vehicular traffic facing a steady
red signal alone shall stop at a
clearly marked stop line, but if
none, before entering the cross-
walk on the near side of the
intersection, or if none, then be-
fore entering the intersection, and
shall remain standing until an
indication to proceed is shown.
A right turn shall be permitted
at an intersection by vehicular
traffic which It as come to a
complete stop, unless a sign is
in place prohibiting such a turn.
Any right turn made pursuant
to this subsection shall be made
in such a manner that it does
not interfere with other vehicular
or pedestrian traffic lawfully us-
ing the intersection.
Vehicular traffic on a one-way
street facing a steady red signal
may, after making a stop pursu-
ant to this subsection, cautiously
enter the intersection and make
a left turn onto an intersecting
one-way street on which traffic
travels to the left, unless a sign
is in place prohibiting such a
turn. Any left turn made pur-
suant to this subsection shall be
made in such a manner that it
does not interfere with other
vehicular or pedestrian traffic
lawfully using the intersection.
No pedestrian facing such sig.
nal shall enter the roadway un-
less he can du so safely and with-
out interfering with any vehicular
traffic, but a vehicle turning right
at such intersection shall yield
the right of way to a pedestrian
lawfully entering such intersec-
tion.
4. Red with green arrow. Vehicular
traffic facing such signal may
cautiously enter the intersection
only to make the movement indi.
cated by such arrow but shall
not interfere with other vehicular
traffic or pedestrians lawfully
within the intersection. Except at
intersections where pedestrians are
controlled by separate "Walk"
lights, no pedestrian facing such
signal shall enter the roadwav
unless he can do so safely and
without interfering with any ve.
hicular traffic.
5. Flashing red (Stop signal). When
a red lens is illuminated by rapid
intermittent flashes, drivers of
vehicles shall stop before enter-
ing the nearest crosswalk at an
intersection or at a limit line
when marked and the right to
proceed shall be subject to the
rules applicable after making a
stop at a stop sign.
6. Flashing yellow (Caution signal).
When a yellow lens is illuminated
with rapid intermittent flashes,
drivers of vehicles may proceed
through the intersection or past
such signal only with caution.
7. "Walk". At intersections where
signs displaying the word "Walk"
are in operation, pedestrians shall
conform to the directions of such
signals. When the word "Walk"
is lighted, pedestrians facing such
signal may proceed straight across
the roadway within any marked
or unmarked crosswalk. When the
word "Walk" is not lighted, pedes-
trians fatting such signal $hall
not enter the roadway. When the
word "Walk" is simultaneously
lighted on all four corners of
any intersection, pedestrians may
cross the roadway in any direc-
t ion.
Regular Session, July 1, 1974 3655
passed approved and adopted this lat
day of July, 1974.
Allan T. Thoma
Mayor
Alvin E. Lundh
James E. Brady
C. Robert Justmann
Emil stackis
Councilmen
ATTEST:
Leo F. Frommel[
City Clerk
Published officially
in o
heTelegraph
egra h
Herdd Newspaperthis
1974. Leo F Frommelt
City Clerk
it. 7-5. n moved
Councilman Dustman
final adoption of the Ordinance.
Seconded by Councilman Stackis,
Carried by the following vote:
Yeas — Mayor Thorns,Council-
Lundh,
Jeen Brady, Justmann,
Stackis.
Nays — None.
Petition of ThruPut Terminals
Inc,, requesting approval and issu-
ance of a building permit for the
repair of a building located on
Third Street north of the Ice Har-
bor, ptrsented and read. Council-
man Justmann moved to suspend
the rules to let anyone address the
Council if they so desire. Seconded
by Councilman Stackis. Carried by
the following vote:
yeas — Mayor Thorns, Lundh,
men Brady, Justmann,
Stackis.
Nays — None.
Attorney Robert Bertsch, ad-
dressed the Council in behalf of
Mr. Burbach. He cited various
dates where the City and Dock
Board were contacted but never
received a reply. Floor and roof
need repair. All they want to do
is to preserve the property. The
proproved to
makeituseable.. Carmust be lrBurbach
stated that the rails are needed
and can operate without the water-
front at present. They are willing
to cooperate with the City for the
waterfront. For the present, they
need to repair roof, windows, and
floor to receive railroad freight,
which would require about $40,000.
Mayor Thorns moved the petition
of Thruput Terminals Inc., be ap•
proved and referred to the City
Manager and City Solicitor. Sec•
onded by Councilman Stackis. Car,
ried by the following vote:
Yeas — Mayor Thoms, Council -
nen Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Robert McGovern,
1710 Central Avenue, being of the
opinion that he is being discrim-
inated against in the issuance of
parking tickets, presented and
read. Mayor Thoms moved the peti-
tion be related to the Solicitor's
office and Traffic Department. Sec-
onded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Nancy L. Slattery re-
questing that a resolution be di-
rected to the Governor of Iowa,
State Legislature, and Department
of Public Safety, showing aware-
ness and support of a Motorcycle
Helmet Law for the State, present-
ed and read. Councilman Brady
moved the City Solicitor be direct-
ed to draw up proper resolution.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Councilmen Brady, Just -
mann, Lundh, Stackis
Nays — Mayor 'I'homs.
Communication of Mrs. John But -
en submitting petitions of young-
sters requesting bike Paths, wider
sidewalks, cleaner parks, roads,
painting of school crosswalks at
Irving School, stop lights at Booth
dt Dodge Streets, swimming pool
in Sherwood Park, repair Rockdale
Road, museum park by the river,
oms
moved
presented
nd read. Meo r
petitions breceived
and filed and referred to the Coun-
cil, Recreation Department, Park
Board, and Traffic Department.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Joseph E. Bell, re-
questing refund of $150. on Class
"B" Beer Permit No. B-74, as he
has discontinued business on June
15, 1974, presented and read. May-
or Thorns moved .the refund be
granted and the City Auditor be
directed to issue proper warrant.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Justmann, Lundh, Stackis.
366 Regular Session, July 1, 1974
Nays — Councilman Brady.
Petition of Tri-State Softball
Tournament requesting refund of
$225. on the unexpired term of
Class "B" Beer Permit No. S -B-
1480, as they have discontinued
business on June 24, 1974, present-
ed and read. Mayor Thorns moved
the refund be granted and the City
Auditor be directed to issue proper
warrant. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays — Councilman Brady.
Petition of St. Patrick's Church
requesing refund of $225. on un-
expired Class "B" Beer Permit No.
B-0980, as they have discontinued
business on June 1, 1974, presented
and read. Mayor Thorns moved the
refund be granted and City Auditor
directed to issue proper warrant.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Justmann, Lundh, Stackis.
Nays — Councilman Brady.
June 13, 1974
To the Honorable Mayor and
City Council
Attached is a proposed resolu-
tion and application for a com-
munity-based Youth Services sys-
tem and supporting material for
the Youth Services Program in
Fiscal Year 1975 (July 1, 1974 -June
30, 1975).
The proposed budget for Du-
buque Youth Services in Fiscal
Year 1975 is $54,442.00. Of this
amount approximately 50% or
$27,500.00 will be financed with
federal funds through OPP and
$28,942.00 will be financed from
City funds.
In 1974 the Dubuque Youth
Services budget was $55,000.00.
Of this total OPP financed
$44,000.00 and the City financed
$11,000.00.
In preparation of the 1975 Fiscal
Year budget we had planned main-
tenance of the Youth Services ac-
tivities at the 1974 level. When the
budget was prepared we had an.
ticipated the City's cost would be
$18,021.00. In order for us to
maintain the present level of serv-
ices it will be necessary for us to
increase the budgeted amount pro.
vided by the City by $8,921.00. An
amendment to the budget will be
made at a later date.
We would therefore recommend
that the City Council approve the
attached resolution which authoriz.
es the City Manager to proceed in
filing the necessary documents for
securing funds from the Office
of Planning and Programming and
providing local funding for Contin.
ued operation of Youth Services in
Fiscal Year 1975.
Francis A. Murray
Assistant City Manager
Mayor Thoms moved that the
communication be received and fil-
ed. Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
RESOLUTION NO. 25674 '
WHEREAS, The City of Dubuque
has been asked to continue spon-
soring Youth Services, and
WHEREAS, The State of Iowa
and the Department of Health,
Education and Welfare have ex-
pressed their continued support.
and
WHEREAS, Youth Services is
becoming an important coordinator
and delivery agent of community
services geared to the growth and
development needs of all youth
and their families, and
WHEREAS, Youth Services iden-
tifies gaps in services and pur-
chases needed services when no
other alternatives are available,
and
WHEREAS, Youth Services is
working to change attitudes and
practices which contribute to de-
linquency, and
WHEREAS, The City Council of
this City does hereby support the
concept and continued operation
of Youth Services:
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council
does hereby authorize the City
Manager to sign all documents,
make application and provide the
local share of funding, for contin-
ued operation of the Youth Servic-
es Project for the period July 1,
1974 through June 30, 1975, in
the City of Dubuque forthwith. Ex-
penditure limited to $28,942.00 of
City funds.
Regular Session, July 1, 1974 367
passed, approved and adopted
this 1st day of July, 1974.
Allan T. Thoms,
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
,the resolution as amended. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
Petition of Merlin L. Heiar et al
(37 signers) objecting to barricad-
ing the intersections at 18th and
19th Streets on Washington Street,
presented and read.
Attorney Chas. Kintzinger, ad-
dressed the Council on behalf of
the businesses in the 19th Street
area. He was of the opinion that
there are too many businesses in
-the 18th and 19th Streets area that
would be seriously affected as to
loading and unloading of merch-
andise. Mr. Heiar stated the area
should not be subject to experi-
ment. Frank Grote of the Casket
Company protested in the interest
of the stockholders and stated any
barricade would seriously hamper
his business especially when mer-
cbandise comes in and goes out
when semis are used. Attorney
Stephen Scott also objected. Mrs.
Heiar and Susan Yaeger also ob-
jected to any barricading of the
area. Councilman Justmann moved
the Petition of Merlin L. Heiar be
received and filed. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, 3ustmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 257.74
Resolution placing into effect
certain traffic and parking
changes within a portion of
Washington Street Neighborhood
for a period not to exceed Nine-
ty (90) days
NOW 'IMEREFOR.E BE IT RE-
SOLVED BY THE CITY COUNCIL,
CITY OF DUBUQUE, IOWA:
Section I. For the purpose of
making a study of the specific
areas within the Washington Street
neighborhood from and after the
adoption of this Resolution and, in
no event, no later than the 8th day
of July, 1974, the following chang-
es shall be placed into effect for
a period not to exceed ninety (90)
days, to -wit:
Diagonal intersection enclosure
shall be made at Washington
Street at its intersection with
15th Street, with 16th Street,
18th Street, and 19th Street, and
said closure shall be ten (10) feet
in width.
Section 2. A Tot Lot shall be es-
tablished at 16th Street from White
Street to Jackson Street and dia-
gonal parking, that is to say, park-
ing of motor vehicles at a 45 de-
gree angle shall be permitted with-
in such boundary.
Section 3. Seventeenth Street
from White Street to Jackson
Street and from Elm Street to
Washington Street and one block
therein shall be completely closed.
Section 4. The foregoing chang-
es shall be deemed of a temporary
nature and shall be in existance
not to exceed a period of ninety
(90) days from the effective date
of such changes,
Section S. That the City Manag-
er of the City of Dubuque, Iowa,
be and he is hereby authorized
and directed to affeot and to imple-
ment such changes, and at the ap-
propriate time to make a written
report of his findings to the City
Council.
Passed, approved and adopted
this 1st day of July, 1974.
Allan T. Thoms,
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Vote on the
motion was as follows:
Yeas—Councilmen Brady, Stack -
is.
Nays — Mayor Thoms, Council-
man Justmann.
Abstain — Councilman Lundh.
MOTION FAILED.
Mayor Thoms moved final adop-
tion of the resolution subject to
discretion of the City Manager and
368 Regular Session, July 1, 1.974
Engineering Department and sub-
ject to discussion with the neigh-
bors and businesses in the area.
Seconded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms. Council-
men Brady, Justmann, Lundh.
Nays — None.
Abstain — Councilman Lundh.
COUNCIL RECESSED AT 10:05
P.M. RECONVENED AT 10:15 P.M.
RESOLUTION NO. 258-74
Accepting Work Performed Un-
der Demolition Contract No. 1-
72 for the Downtown Urban Re-
newal Project, Iowa R-15
WHEREAS, Demolition Contract
No. 1-72 executed under date of
July 6, 1972 with F. N. Smith Con-
struction, Inc. and K. W. Gaber
Construction Company for the re-
moval and site clearance of various
structures and other site improve-
ments in the Downtown Urban Re-
newal Project area has been com-
pleted; and
WHEREAS, upon recommenda-
tion of the City Engineer and the
Director of Housing and Redevel-
opment, the City Manager has ex-
amined the work and finds that the
work has been completed in ac-
cordance with the terms of the
Contract and recommends its ac-
ceptance; now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommenda-
tion of the City Manager be ap-
proved and that said work be and
the same is hereby accepted.
Passed, approved, and adopted
this 1st day of July, 1974.
Allan T. Thoms,
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis, Carried by the fol-
lowing vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays — None.
A Resolution directing the re-
organization of -the Dubuque Citi.
zens Advisory Commission to re.
fleet a balanced neighborhood
representation by Commission
Members, presented and read.
Mayor Thoms moved the resolution
be referred to the Advisory Com-
mission for their consideration
and report to the Council for a
joint session. Seconded by Council.
man Stackis. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council.
men Lundh, Stackis.
Nays—Councilmen Brady, Just.
mann.
RESOLUTION NO. 259.74
WHEREAS there has been deliv.
ered Warranty Deed, dated June
12, 1974, of Transcalle, Inc. to the
City Council of the City of Du.
buque, Iowa conveying to the City
of Dubuque, Iowa, the following
described real estate:
Lot 2 of Lot 2 of Powers Place
in the City of Dubuque, Iowa
and said delivery of deed should
he approved and accepted.
NOW THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the delivery of
Warranty Deed of Transcalle, Inc.
conveying to the City of Dubuque,
Iowa and hereinabove described
real estate be and the same is here.
by approved and accepted.
Section 2. That the City Clerk
be and he is hereby authorized and
directed to record said Warranty
Deed in the office of the Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 1st day df July, 1974.
Allan T. Thoms,
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
man Brady, Justmann, Lundh,
Stackis.
Nays — None,
June 27, 1974
Honorable Mayor and
City Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
Regular Session, July 1, 1974 369
the final plat of Lots 1
approval of the City of Dubuque,
viewed
through 7, inclusive, of "Carmel
Iowa, upon said plat, provided the
Heights" Subdivision in the City
owners of said property herein
Dubuque, Iowa. The Commission
named, execute their written ac -
of
has determined that the final plat
ceptance hereto attached agreeing:
conforms to all requirements of
Zoning Ordin-
a. To reduce all streets to grade
and to construct concrete curb
the Subdivision and
ances and has recommended that
and gutter and to hard surface
the plat be approved.
Carmel Drive with bituminous
CITY PLANNING AND
concrete, or with concrete pav-
ZONING COMMISSION
ing with integral curb, all in ac -
Daniel Dittemore
cordance with City of Dubuque
Development Planner
standard specifications;
Mayor Thoms moved that the
b. To install sanitary sewer mains
communication be received and fil-
and sewer service laterals in ac-
ed. Seconded by Councilman Stack-
cordance with plans submitted
is. Carried by the following vote:
Yeas — Mayor Thoms, Council-
with the plat;
c. To install Hater mains and water
men Brady, Justmann, Lundh,
service laterals in accordance
with plans submitted with the
Stackis.
Nays — None.
plat;
d. To install storm sewers and
RESOLUTION NO. 260 74
catchbasins in accordance with
Resolution Approving The Plat
plans submitted with the plat;
of "Carmel Heights" in the City
e. To install concrete sidewalks as
of Dubuque, Iowa
required by Ordinances, and
WHEREAS, there has been filed
where directed by the City Engi-
with the City Clerk a plat of the
neer and the City Manager;
Subdivision to be known as 'Car-
f. To construct the foregoing im-
mel Heights" in the City of Du-
provements in accordance with
buque, Iowa, by Sisters of Charity
plans and specifications &P -
of the Blessed Virgin Mary, Du.
proved by the City Manager, un-
buque, Iowa, and
der the inspection of the City
WHEREAS, upon said plat ap-
Engineer, and in a manner ap-
pear streets to be known as Carmel
proved by the City Manager;
Drive together with certain public
g' To maintain the foregoing im-
utility easements which the Own-
for a period of four
ers by said plat have dedicated to
provements
(4) years from the date of their
the public forever; and
acceptance by ,the city of Du -
examined by the City Planning and
buque, Iowa;
con-
h. To provide the foregoing con -
Zoning Commission and had its
struction and maintenance at the
approval endorsed thereon; and
solo expense of the Subdivider,
WHEREAS, said plat has been
Sisters of Charity of the Blessed
examined by -the City Council and
Virgin Mary, Dubuque, Iowa, as
they find that the same conforms
to statues and ordinances relatingowner;
i. To construct said improvements,
thereto, except that street grades
except sidewalks, prior to August
have not been established, the
1, 1976, and to construct the
streets brought to grade, paving,
sidewalks prior to August 1,
sewer or water installed;
i ;
1978;
NOW THEREFORE, BE IT RE
and further provided that said Sis-
SOLVED BY THE CITY COUNCIL
ters of Charity of the Blessed Vir-
OF THE CITY OF DUBUQUE,
IOWA:
gin Mary, Dubuque, Iowa, as own -
Section I. That the dedications
er of said Subdivision, secure the
of the foregoing con -
of Carmel Drive together with the
performance
ditions by providing security in
easements for public utilities as
form and with such sureties
the same appear upon said plat, be
such
be acceptable to the City
and the same are hereby accepted;
as may
Section 2. That the plat of "Car-
mel Heights" in the City of Du-
Manager.
Section 3. That in the event
buque, Iowa, be and the same is
Sisters of Charity of the Blessed
Dubuque, Iowa, shall
hereby approved and the Mavor
Virgin Mary,
fail to execute the acceptance and
and City Clerk are hereby author
ited and directed to endurse the
furnish the security provided for
370 Regular Session, July 1, 1974
in Section 2 hereof within 45 days
after -the date of this Resolution,
the provisions hereof shall be null
and void and the acceptance of
the dedication and approval of the
plat shall not be effective.
PASSED, ADOPTED AND AP-
PROVED by unanimous recorded
roll gall this 1st day of July,
A.D., 1974.
Allan T. Thoms,
Mayor
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 260-74
We, the undersigned Sisters of
Charity of the Blessed Virgin Mary,
Dubuque, Iowa having read the
terms and conditions of the fore-
going Resolution No. 260-74 and
being familiar with the conditions
thereof, hereby accept the same
and agree to perform the condi-
tions required therein.
Dated at Dubuque, Iowa, this
15th day of July, 1974, SLsters of
Charity of the Blessed Virgin Mary,
Dubuque, Iowa.
By Sister Joan Doyle, President
Sister Mary Michail Gearly,
B.V.M., Secretary
To:
Leo F. Frommelt,
City Clerk
This is to certify that the secur-
ity provided by the foregoing
RESOLUTION NO. 260-74 has been
furnished by the owners.
Dated at Dubuque, Iowa, this
15th day of July, 1974.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
man Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays — Councilmen Brady, Just -
mann.
June 26, 1974
To the Honorable Mayor
and City Council
Re: Energy Recovery Study
We have enclosed for your re-
view a copy of an engineering
services agreement submitted by
Henningson, Durham and Richard-
son to prepare an energy recovery
study on supplementary processes
for the disposal of solid waste in
Dubuque County.
This proposed study was review.
ed at the Area Council of Govern.
ments meeting on May 22, 1974
and the staff has discussed the
study with Interstate Power Com-
pany and it was favorably received
The duration of the study is ex.
pected to take approximately three
months. In the interim period we
are continuing to develop engineer.
ing data on the landfill sites un-
der study.
We would request your favorable
action on the enclosed Resolution
authorizing the Mayor and City
Clerk to execute the proposed
agreement.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and fil-
ed. Seconded by Councilman Stack -
is. Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
S-tackis.
Nays — None.
RESOLUTION NO. 261.74
Resolution authorizing the Mayor
and City Clerk to execu.e an
Engineering Services Agreement
with the firm of Henningson,
Durham and Richardson to eval-
uate and recommend supple-
mentary processes for the dis•
posal of solid waste
WHEREAS, the City of Dubuque
has, through an order of the Iowa
State Department of Environment-
al Quality, until July 1, 1975 to
acquire and be operating on an
approved Sanitary Landfill; and
WHEREAS, the City of Dubuque
and the Area Council of Govern-
ments are concerned with the con-
servation of land use and are de-
sirous of investigating the applic-
ability of certain supplementary
methods for the disposal of solid
waste in Dubuque County; and
WHEREAS, the firm of Hen-
ningson, Durham and Richardson
have submitted an agreement for
engineering services to evaluate
these processes and to make
recommendations to the City of
Dubuque and the Area Council of
Governments.
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA THAT: the Mayor and the
City Clerk are herewith authorized
Regular Session, July 1, 1974 371
to execute the engineering services
agreement with the firm of Hen-
ningson, Durham and Richardson
for the purpose of evaluating cer-
tain supplementary processes for
the disposal of solid waste and
making specific recommendations
to the City of Dubuque and the
Area Council of Governments.
Passed, adopted and approved
this 1st day of July, 1974.
Allan T. Thorns,
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmenn, Luidh,
Stackis.
Nays — None.
June 27, 1974
To the Honorable Mayor
and City Council
A meeting between the City
Manager, City staff personnel, the
Human Rights Commission, other
interested and concerned groups
and some City Councilmen was
held to discuss and develop both
short and long-term employment
and/or promotional goals relating
to females, minority persons and
handicapped persons.
An invitation to submit com-
ments or modifications of the goals
proposed by the City was extended
to the parties present at this meet-
ing. You have received one such
document directly from the Human
Rights Commission. Attached are
additional comments received from
the group.
The Introduction and Statement
of Policy sections of the Affirma-
tive Action Program narrative have
been revised as recommended by
the Human Rights Commission in
their letter of June 21, 1974. Copiee
of these revisions are enclosed fol
your review.
After evaluating all aspects of
equity, availability and need thf
accompanying resolution to adop'
the short and long-term goals at
tached as Exhibit "A" is recom
nended as being reasonable and
ealistic.
Sincerely,
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved that the
-ommunication be received and
iled. Seconded by Councilman
.undh. Carried by the following
rote:
Yeas — Mayor Thorns, Council.
nen Brady, Justmann, L uidh.
Aackis.
Nays — None.
RESOLUTION NO. 262.74
Adopting Statement of Goals for
the Affirmative Action Program
for the City of Dubuque
WHEREAS, the City Council un -
ler date of June 10, 1974, adopted
Resolution No. 229.74, approving
the narrative portion of the Af-
firmative Action Program for the
City of Dubuque and
WHEREAS, pursuant to said Af-
firmative Action Program, a State-
ment of Goals for the City of Du-
buque has been prepared both for
a twelve month period and a five
year period beginning July 1, 1974;
and
WHEREAS, the S{tatemment of
Goals sets forth certain short and
long-term measures necessary for
the City of Dubuque to continue
to effectuate the objectives of the
Affirmative Action Program; and
WHEREAS, both ,the Affirmative
Action Program and the Statement
of Goals represents the objectives
of the City of Dubuque to exer-
cise its political and economic in-
fluence to further the acceptance
and adoption of nondiscriminatory
employment practices and policies
in all activities of the community;
now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section i, That it is hereby
found and determined that the
projected levels of achievement as
set tfont»h in the Statement of
Goals for the Affirmative Action
Program of the City of Dubuque
are reasonable in view of the
availability of qualified minorities,
women and handicapped persons
and the estimated employee turn-
over and additional employee posi-
tions to be created.
Section 2. That the Statement of
Goals attached hereto as Exhibit
372 Regular Session, July 1, 1974
"A" and made a part hereof, is
adopted for the City of Dubuque.
Section 3. That the City Manager
and the Equal Employment Oppor-
tunity and Contract Compliance
Officers are hereby authorized and
directed to undertake whatever
measures are necessary to effectu-
ate the objectives of thE Affirm-
ative Action Program and the
Statement of Goals.
Section 4. That the City Manag-
er and the Equal Employment Op-
portunity Officer are hereby auth-
orized and directed to provide cop-
ies of this Resolution together with
the attached Statement of Goals
as well as the Affirmative Action
Program adopted by the City
Council under date of June 10,
1974, to appropriate Federal and
State agencies and offices.
Passed, approved and adopted
this 1st day of July, 1974.
Allan T. Thorns,
Mayor
,Alvin E. Lundh
Emil Stackis
James E. Brady
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Exhibit "A"
AFFIRMATIVE ACTION EMPLOY-
MENT GOALS FOR CITY OF DU-
BUQUE
1. To provide extra -ordinary ef-
fort in recruiting qualified females,
minorities, aged and disabled per-
sons for employment opportunities
in the City of Dubuque in order
to promote greater participation by
these groups in the total work
force and to insure more equit-
able representation in all job cate-
gories.
2. To provide purposeful training
and promotional opportunities for
females, minorities, aged and dis-
abled persons in order to insure
greater participation by these
groups in occupations requiring
higher levels of skill and responsi-
bility.
AFFIRMATIVE ACTION EMPLOY.
MENT OBJECTIVES FOR CITY OF
DUBUQUE
1. To attain employment for a
minimum of twenty (20) females,
seventeen (17) minorities, and
three (3) aged or disabled persons
by June 30, 1975 as indicated in
Exhibit "A", (Short Term Employ.
ment Goals) and to maintain or ex.
ceed these goals through the con.
tinued employment policy and
practice of Affirmative Action.
2. To attain employment for a
minimum of eighty three (83) fe-
males ,forty four (44) minorities,
and eight (8) aged or disabled per.
sons by June 30, 1979 as indicated
in Exhibit "A", (Long Term Em-
ployment Goals) and to maintain or
exceed these goals through the
continued employment policy and
practice of Affirmative Action.
Communication of City Manager
recommending favorable action on
resolution authorizing Mayor and
City Clerk to execute "Letters of
Intent" to certain major equip-
ment suppliers for Phase II Waste
Water Treatment Facilities - con-
sultants, detailed estimates total
$14.5 Million, presented and read.
At 11:05 P.M. Mayor Thoms mov-
ed -to go into an executive session
to consider a matter of bidding on
waste water treatment facilities
equipment which has come to his
attention from the City Attorney.
Members of the press raised ob-
jections to the calling of an execu-
tive session for the aforementioned
reason. Seconded by Councilman
Justmann. Vote on motion was as
follows:
Yeas — Mayor Thorns, Council-
man Justmann.
Nays — Councilmen Brady,
Lundh, Stackis.
MOTION FAILED.
A Resolution authorizing the
Mayor to execute "Letter of In-
tent" to certain major equipment
suppliers for Phase II Waste Water
Treatment Facilities, presented
and read, Councilman Brady mov-
ed to table the communication of
City Manager and resolution until
next meeting of July 8th, 1974.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Regular Session, July 1, 1974 373
RESOLUTION NO. 263.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes withinthe
cit of Dubuque,
Iowa, be granted
ell
Cigarettes and Cigarette Papers
within the said City.
Patrick Fenelon, 3130 Jackson
Street
Imperial Lanes, Inc., 3505 Stone-
man Road
Phillip R. Love, 1701 Central Av-
enue
Merlin P. Morett, 3198 Central
Avenue
John P. Mihalakis & Richard L.
Billmeyer, 2095 Kerper Blvd.
Osco Drug Inc., Town Clock
Plaza
Palmer Drug Store, 2600 Dodge
Street
Patricia Revelle, 2776 Jackson
Street
Mrs. Doris Riekena, 485 Central
Avenue
Kathleen Wedig, 1399 Jackson
Street
Passed, adopted and approved
this 1st day of July 1974.
Allan T. Thorns
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
July 1, 1974
To the Honorable Mayor
and City Council
Re: Public Employment Program/
Emergency Employment Act of
1971
The county's program agent on
June 20, 1974 requested the City's
Personnel Manager, our liaison of-
ficer on this program, to meet
with him on Friday, June 21, 1974
at 9:30 a.m., to discuss utilization
of additional funds which were
authorized under the Emergency
Employment Act of 1971.
At this meeting the City was ad-
vised that the five persons then
currently funded by this program
could be continued through March
30, 1975.
As of June 30, 1974 the remain-
ing five funded positions were
budgeted with funds other than
Emergency Employment Act sub-
sidy. This was in accordance with
information that no funding would
be authorized beyond this date.
On Monday, June 24, 1974, at 10
a.m., the City was advised that in-
formation received on Friday, June
21 was in error and only new posi-
tions could be considered for docu.
mentation and supportative data
had to be submitted to the county
by Tuesday afternoon, June 25,
1974.
The complete grant request had
to be hand delivered to the proper
agency in Kansas City, Missouri
on Wednesday, June 26, 1974 or
the amount of under-utilized funds
would be lost to Dubuque County.
A diligent review of our current
employment needs was undertaken
and resulted in the submission of
a request for funding six positions
for the period from August 1,
1974 through March 30, 1975.
A listing of these positions, fund-
ing requirements, job descriptions
is enclosed for your review.
The City of Dubuque has been a
participant in this program since
it was authorized and funded by
the United States Congress.
It is believed that this program
enabled the City to implement
needed and productive services
which would otherwise not have
been possible.
The program has been extended
from time to time allowing partici-
pating agencies to continue fund-
ing the original positions.
The City gradually phased these
original positions into its total
work force with the exception of
one police dispatcher which was
eliminated.
It is believed that the positions
for which funding assistance is
requested will be of benefit to the
community and accomplish needed
objectives in the departments af.
fected.
Gilbert D. Chavenelle,
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
374 Regular Session, Jule 1, 1974
yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Special Session, July 8, 1974
CITY COUNCIL
OFFICIAL
Special Session, July 8, 1974.
Council met at 1:00 P.M. (C.D.T.)
Present — Mayor Thoms, Coun-
cilmen Brady, Justmann, Stackis.
City Manager Gilbert D. Chaven-
elle.
Absent ---Councilman Lundh (at
roll call) -
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meetin,
is called for the purpose OF RE-
VIEWING EQUIPMENT BIDS FOR
THE SEWAGE WASTE WATER
TREATMENT FACILITIES PLANT,
and to act upon such other bus-
iness as may properly conic before
a regular meeting of the City
Council.
Councilman Brady moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Mr. Lowell, president. of Pen-
berthy & Houdaille addressed the
Council by stating that the last
proposal their company submitted
was in November of last year. He
is not prepared to comment as
to any irregularities in the bid-
ding procedure. He further stated
that he is not prepared to make
head to head comparisons as to
various pieces of operating equip-
ment. The plants that they have
installed under their system of
operation are satisfactory. Mr.
Roger Walker of Penberthy pre-
sented a series of slides on their
equipment.
COUNCILMAN L U N D H EN-
TERED THE CHAMBER AT 1:30
P.M.
Representatives of Pe nberthy
further stated that the jet aera
tion system would do the job.
Compared to the Unox system it
would be cheaper to install and
operate.
Mr. Paul Ombruni of Henning -
son, Durham and Richardson, con-
sultants, addressed the Council
that they had met with the Pen-
berthy group in December. F.eo-
375
nomics, in their judgment, would
he in favor of the pure oxygen
system. Increased cost of the basin
would have to be considered along
with the fact that you have a
very small gas stream to work
with. He urged the Council to
proceed with the letters of intent
and recommended the system that
we have received bids on. Mr.
Paul Raines of H. D. R. made it
clear that they have no ties with
any manufacturer or equipment
dealers. Ii. D. & R. s not inter-
ested in equipment dealers, sup-
pliers, etc., they are only inter-
ested in what is best for the City
of Dubuque. City Engineer John
White was of the opinion that the
best design was the one presented
by 11. D. & R. and the City should
go ahead. Unox had to come in
and prove the system could work.
Councilman Lundh moved approv-
al of recommendation on selection
of equipment that the consultants
have made. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
There being no further business
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved November 18 ....1974
......................
Adopted
Councilmen
)b 4 '& a.b
Atte *ri
........................
,,, City
376 Special Session, July 8, 1974
CITY COUNCIL
OFFICIAL
Special Session, July 8, 1974.
Council met at 7:30 P.M, (C.D.T.)
Present — Mayor Thoms, Coun-
men Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called to consider a RESOLU-
TION AUTHORIZING THE MAY-
OR TO EXECUTE A LETTER OF
INTENT TO CERTAIN MAJOR
EQUIPMENT SUPPLIERS FOR
THE PHASE 11 WASTE WATER
TREATMENT FACILITY and act-
ing upon such other business as
may properly come before a reg-
ular meeting of the Council.
Communication of Congressman
Edward Mezvinsky addressed to
Mayor Thoms showing apprecia-
tion of keeping him informed on
improved transportation service
in Northern Iowa, presented and
read. Mayor Thoms moved that
the communication be received
and filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Congressman
John C. Culver expressing thanks
for the resolution passed by the
Council supporting development
of an advance railroad system
throughout Iowa, presented and
read. Mayor Thoms moved that
the communication be received
and filed. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Senator Ifar-
old E. Hughes expressing thanks
for the resolution passed by the
Council on rail transportation and
indicating strong support for the
expansion of the network in Iowa,
presented and read. Mayor Thoms
moved that the communication be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Senator Jim
Schaben acknowledging receipt of
Council resolution relative to rail
transportation and indicating hk
support of an amendment intro.
duced in the last session that
would have expanded rail service
in Northern Iowa via Dubuque t:)
Waterloo, Sioux City and bort
Dodge, presented and read. Mayor
Thoms moved that the communica.
lion be received and filed. Sec.
onded by Councilman Lundh. Car.
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Mayor of
Manchester, Iowa, addressed to
Governor Ray being in accord
with the City of Dubuque extend-
ing advance rail service across
Northern Iowa from the Amtrak
connection, presented and read.
Mayor Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Lundh
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque Bi-
centennial Committee addressed to
the Mayor advising that the Du-
buque celebration of the Bicen-
tennial birthday of the U. S. will
be celebrated in Dubuque from
July 18th to 31st, 1976, and wel-
come any input from the Council.
presented and read. Mayor Thoms
moved that the communication be
received and filed and referred
to the Council. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of I.ee Chiavet-
ta complimenting the City and
especially Mr. Ben O'Leary on the
efficient manner in which the re.
cent storms were handled, pre-
sented and read. Mayor Thoms
moved that the communication be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Special Session, July 8, 1974
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Playground
& Recreation Commission submit-
ting minutes of their meeting of
June 10, 1974, presented and read.
Mayor Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
July 3, 1974
Honorable Mayor and Members
of the City Council
I have approved the filing of
the following bond and policy and
o
desire to have your approval
same.
Public Official Bond
Gerald L. Kopischke, Airport Com-
missioner $1000. to September
14, 1974, Hartford Accident &
Indemnity Bond No. N-4223847.
Public Liability Policy
City of Dubuque, Fourth of July
Fireworks Display Western
World Insurance Company Pol-
icy No. GLA 16314. Radio Sta-
tion KDTH.
Both of the above have been
approved by the City Solicitor.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved filing
be approved subject to approval
of City Attorney. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of receipts
and disbursements and list of
claims for May, 1974, presented
and read. Mayor Thoms moved the
proof of publication be received
and filed. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved to
amend Ordinance No. 64-68 estab-
lishing water rates, to prepare for
approval to be fixed at the pre-
vailing amount for the average
377
consumer to consider before a wa-
ter rate increase; — Heavy users
be charged the same rate as res-
idential customers and eliminate
the residential subsidy of the
heavy users. Seconded by Coun-
cilman Brady. Vote on motion was
as follows:
Yeas --Councilman Brady, Just -
mann.
Nays — Mayor Thoms, Council-
men Lundh, Stackis.
MOTION FAILED.
Councilman Brady moved that
exploration being done now on
water rates under study that charts
be prepared to show what it would
do. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of John C. San-
ner in the amount of $10.00 for
towing expense incurred as the
result of an alley cave-in behind
597 Edith Street on June 21, 1974,
presented and read. Mayor Thoms
moved the notice of claim be re-
ferred to the City Solicitor for
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Steven E.
Mosiman, in an undetermined
amount, to cover cost of replac-
ing broken water stop box at 726
Clarke Drive, allegedly broken by
the street clean-up crew after a
storm on June 27, 1974, presented
and read. Mayor Thoms moved the
notice of claim be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Bertha M.
Masuen in the amount of $62.77
for expense incurred to repair
storm damage to her home at 397
Bradley Street on June 20, 1974,
as the result of broken tree limbs,
presented and read. Mayor Thoms
moved the notice of claim be re-
ferred to the City Solicitor for
378 Special Session, July 8, 1974
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 19, 1974
To the Honorable Mayor
and City Council
This is to advise you that the
staff has reviewed the request of
Mr. Herbert F. Heitzman for vaca-
tion of a portion of an alley lo-
cated at the extreme west end
of Cherry Street and running north
from the N. P. L. of Cherry Street
to the S. P. L. of the 1st alley
south of Green Street abutting Lot
1 of Lot 208 of Finley's Addition.
The staff and I recommend that
said alley be vacated and sold to
Mr. Herbert Heitzman.
The Planning and Zoning Com-
mission has recommended that
said alley be vacated and sold.
Their letter is attached.
There are letters enclosed from
other abutting property owners
stating they do not object to the
vacation and sale to Mr. Heitzman.
I, therefore, request your Hon-
orable Body to pass the Ordinance
vacating said alley.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that the communication be re-
ceived and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
An Ordinance for -the vacation
and sale of that portion of an
alley at the extreme west end of
Cherry Street running north from
the N.P.L. of Cherry Street to the
S.P.L. of the 1st alley south of
Green Street and abutting Lot 1
of Lot 208 of Finley's Addition,
presented and read. Councilman
Justmann moved that the reading
just had be considered the first
reading of the Ordinance. Sec.
onded by Mayor Thoms. Carried
by the following vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that the rule requiring an Ordi.
nance to be read on three separate
days be waived. Seconded by May.
or Thorns. Carried by the following
vote:
Yeas — Mayor Thorns, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that a public hearing be held on
the Ordinance on August 5, 1974,
at 7:30 o'clock P.M. in the Council
Chamber at the City Hall and
that the City Clerk be instructed
to publish notice of the hearing
in the manner required by law,
Seconded by Mayor Thorns. Car.
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Tom Carr et al re-
questing the installation of street
lights between intersections of Bal-
boa & Cortez Drives and Balboa
Drive and N. Grandview on Bal-
boa Drive, presented and read.
Mayor Thorns moved that the peti-
tion be referred to the City Man-
ager and Traffic Department for
investigation and report. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
June 25, 1974
To the Honorable Mayor
and City Council
Re: Major Equipment Proposals
Waste Water Treatment Fa-
cility
Phase 11
On June 3, 1974 we advised you
that the Environmental Protection
Agency had certain questions on
the equipment proposals and we
requested that you defer action
on this until we were able to
review the matter with EPA.
We discussed the bids with EPA
and have reviewed the questions
raised by them. Basically, their
concern was the escalation pro.
vision in the bid documents. Con-
sequently the three recommended
bidders have agreed to waive this
provision and to hold their firm
prices until at least November 15,
1974. Our consultants advise us
that EPA concurrence on the bids
should be forthcoming and have
recommended authorization be Be-
Special Session, July 8, 1974
cured to issue the Letters of In-
tent to the respective equipment
suppliers subject to the formal
approval of the Environmental
Protection Agency.
The Staff and Consultants will
then proceed on the following
time schedule:
August 1, 1974. Plans complete
and on file with federal and
state agencies.
September 1, 1974. Agency ap-
proval and authorization to ad-
vertise for construction bids.
October 15, 1974. Receive construc-
tion bids.
November 15, 1974. Award con-
struction contracts and finalize
financial program.
We recommend your favorable
action on the enclosed Resolution
authorizing the Mayor and City
Clerk to execute the Letters of
Intent as prepared. For your fur-
ther review we have enclosed all
the materials submitted to you
on June 3, 1974.
In the event the program should
not move forward, the issuance
of these Letters of Intent does
obligate the City to pay for shop
drawings and detailed designs pre-
pared for this specific installation
by the three equipment suppliers
but not to exceed a maximum of
$10,000.00 each.
Our consultants have prepared
another detailed estimate on the
total Phase II Sewage Program.
The new estimate totals approx-
imately $14.5 million dollars. This
represents a 56% increase in costs
from the November, 1973 estimate
of $9,298,290.00. This increase is
attributed to inflation. That pro-
gram estimate was to be funded
through existing federal and state
grants and local share as follows:
Federal Grant $4,523,200
State Grant $2,058,500
Local Share $2,716,590
$9,298,290
We do not know how the in-
crease in estimated cost can be
financed at this time. We are ap-
proaching the federal and state
agencies regarding an increase in
our present grants.
While a financial uncertainty
does exist, we feel we should move
forward on the equipment pro-
posals.
Gilbert D. Chavenelle
City Manager
379
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
St.ackis.
Nays—None.
Mr. Paul Ombruni of H, D. & R.
submitted a preliminary estimate
for the overall expansion of the
Sewage Plant to the amount of
$14,355.00. The equipment costs
at the present would be:
1. Sludge — Centrifuging Sys-
tem — $330,000.00
2. Oxygen Generation and Dis-
solution — $1,200,000.00
3. Thermal Sludge Conditioning
— $650,000.00 for a grand total
of $2,180,000.00.
RESOLUTION NO. 264-74
Resolution authorizing the may-
or to execute a Letter of Intent
to certain major equipment sup-
pliers for the Phase II Waste
Water Treatment Facility.
WHEREAS, pursuant to the
direction of the City Council, pro-
posals were received for centri-
fuges, high purity oxygen genera-
tor and dissolution equipment and
thermal conditioning equipment on
May 21, 1974, and;
WHEREAS, the proposals re-
ceived were evaluated by the con-
sulting firm of Henningson, Dur-
ham and Richardson and the City
Staff and recommendations were
made concerning the equipment
involved, and;
WHEItEAS, the City Council of
the City of Dubuque has received
the proposals submitted and the
recommendation of the staff and
consultants;
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA THAT:
Section 1. The Mayor and the
City Clerk are herewith author-
ized to execute the following Let-
ters of Intent to the particular
equipment suppliers on the Waste
Water Treatment Facility Project
all subject to the approval of the
Environmental Protection Agen-
cy:
Type of Equipment
Centrifuging System
High Purity Oxygen System and
Dissolution Equipment
380 Special Session, July 8, 1974
Sludge Thermal Conditioning Sys-
tem
Supplier
Sharples -Stokes Division of the
Penwalt Corp.
Air Products Corporation
Zimpro, Inc.
Section 11. BE IT FURTHER
RESOLVED THAT 0e staff and
consultants are directed to pro-
ceed with the detailed design of
the construction contract docu-
ments for Phase II of the Waste
Water Facility utilizing the here-
tofore described equipment.
Passed, adopted and approved
this 8th day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
July 8, 1974
Honorable Mayor and
City Council
This is to request your Honor-
able Body to approve a Resolu-
tion to designate Mr. A. G. Heitz -
man as the authorized official to
execute for and in behalf of the
City of Dubuque, for the purpose
of obtaining certain Federal fi-
nancial assistance under Disaster
Relief Act (Public Law 93288, 91st
Congress).
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
DESIGNATION OF
APPLICANT'S AGENT
RESOLUTION NO. 265.74
BE IT RESOLVED BY THE City
Council OF Dubuque, Iowa, THAT
A. G. Heitzman, Finance Director,
is hereby authorized to execute
for and in behalf of Dubuque,
Iowa, a public entity established
under the laws of the State of
Iowa, this application and to file
it in the appropriate State office
for the purpose of obtaining cer.
tain Federal Financial assistance
under the Disaster Relief Act (Pub-
lic Law 93288, 91st Congress).
Passed and approved this 8th
day of July, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
CERTIFICATION
1, Leo F. Frommelt, duly ap-
pointed and City Clerk of Du-
buque, Iowa, do hereby certify
that the above is a true and cor-
rect copy of a resolution passed
and approved by the City Council
of Dubuque, Iowa on the 8th day
of July, 1974.
Date: July 8, 1974
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of invita!ion
for bids for demolition of build-
ings in the Urban Renewal Area at
(4th & Locust Streets), presented
and read. Mayor Thoms moved
that the proof of publication be
received and filed. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays ---None.
RESOLUTION NO. 266-74
Authorizing the execution of
Demolition Contract No. 1.74
for the Downtown Urban Re-
newal Project, Iowa R-15
WHEREAS, under date of June
17, 1974, the City Council of the
City of Dubuque authorized re-
ceiving of proposals for the dem-
Special Session, July 8, 1974
olition and site clearance of eer.
tain parcels of real estate in the
1lowntown Urban Renewal Project,
Iowa R-15: and
WHEREAS, an Invitation for
Bids for the said work was pub-
lished on June 20, 1974 and June
27, 1974 en The Telegraph-Herald,
elegr ph -Hera d,
newspaper
in Dubuque, Iowa; and
WliEREAS'invitations for Bids
were mailed on June 20, 1974 to
17 contractors and contractor as-
sociations; and
WHEREAS, the one sealed pro-
posal received, opened and read
aloud by the City Clerk at 10:00
A.M. on July 5, 1974, was below
the estimate for the work; and
WHEREAS, it has been deter-
mined that the awarding of Dem-
olition Contract No. 1-74 to the
single bidder is in the best inter-
ests of the City of Dubuque in
undertaking the Downtown Urban
Renewal Project, Iowa R-15: now
therefore
BE IT RESOLVED BY THE
COUNCIL OF TIIE CITY OF DU-
BUQUE, IOWA:
SECTION 1. That Demolition
Contract No. 1-74 for Demolition
and Site Clearance of certain par-
cels of real estate in the Down-
town Urban Renewal Project, Iowa
11.15, be awarded to the single
bidder, F. N. Smith Construction,
Inc. and K. W. Gaber Construc-
tion Company, at a cost not to
exceed $4,500.00.
SECTION 2. That the City Man-
ager be and he is hereby author-
ized and directed to execute the
aforementioned contract on be-
half of the City of Dubuque for
the complete performance of the
work.
Passed, approved and adopted
this 8th day of July, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
381
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 267.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Michael J. Skahill, 205 Locust
Street
Merman J. Meyer, 3355 Pennsyl-
vania Ave.
Therese A. Jansen (My -Cap Vend-
ors, Inc.) 2375 Roosevelt Street
Ray Fleckenstein (My -Cap Vend-
ors, Inc.) 3275 Central Avenue
Richard Barton (My -Cap Vendors,
Inc.) 1450 Loras Blvd.
Passed, adopted and approved
this 8th day of July 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
RESOLUTION NO. 268.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap.
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Lorraine A. Fransen, 1100 Lincoln
Avenue
382 Special Session, July 8, 1974
Passed, adopted and approved
this 8th day of July 1974,
Allan T. Thoms
Mayor
C. Robert Justn3ann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, .Justmann, Lundh,
Stackis.
Nays --None.
RESOLUTION NO. 269-74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Lorraine A. Fransen, 1100 Lincoln
Avenue
Passed, adopted and approved
this 8th day of July 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None,
ORDINANCE NO. 45-74
An Ordinance amending Ordi.
nance No. 33-49 known as the
"Traffic Code of Dubuque'Iowa-
as amended, by repealing Sec.
tion gg of Schedule 11 thereof
and enacting a new Section 99.
of Schedule II in lieu thereof
to provide that Kaufmann Ave.
nue from the West Property
Line of Central Avenue to the
East Property Line of Carter
Road; and from the West Prop.
erty Line of Carter Road to the
East Property Line of Crissy
Drive; and from the West Prop.
erty Line of Crissy Drive to the
East Property Line of John F.
Kennedy Road; and from the
West Property Line of John F.
Kennedy Road to the East Prop.
erty Line of Bonson Street be
designated a through street,
presented and read.
Councilman Justmann moved
that the reading just had be con.
sidered the first reading of the
Ordinance. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three sep-
arate days be waived. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 45-74
AN ORDINANCE_ AMENDING
ORDINANCE NO. 33-49 KNOWN
AS THE "TRAFFIC CODE OF
DUBUQUE, IOWA" AS AMEND.
ED, BY REPEALING SECTION
gg. OF SCEDULE 11 THEREOF
AND ENACTING A NEW SEC-
TION gg. OF SCHEDULE I1 IN
LIEU THEREOF TO PROVIDE
THAT K A U F M A N N AVENUE
FROM THE WEST PROPERTY
LINE OF CENTRAL AVENUE TO
THE EAST PROPERTY LINE OF
CARTER ROAD; AND FROM
THE WEST PROPERTY LINE OF
CARTER ROAD TO THE EAST
PROPERTY LINE OF CRISSY
DRIVE; AND FROM THE WEST
PROPERTY LINE OF CRISSY
DRIVE TO THE EAST PROPER-
TY LINE OF JOHN F. KENNEDY
ROAD; AND FROM THE WEST
PROPERTY LINE OF JOHN F.
KENNEDY ROAD TO THE EAST
PROPERTY LINE OF BONSON
Special Session, July 8, 1974
STREET BE DESIGNATED A
THROUGH STREET.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 33-49
known as the "Traffic Code of Du-
buque, Iowa" as amended, be and the
same is hereby amended by repealing
Section gg. of Schedule 11 thereof and
enacting a new Section gg. of Schedule
11 in lieu thereof as follows:
"Schedule It
gg. Kaufmann Avenue from the west
property line of Central Avenue to
the east property line of Carter
Road; and from the west property
line of Carter Road to the cast
property line of Crissy Drive; and
from the west property line of
Crissy Drive to the east property
line of John F. Kennedy Road; and
from the west property line of John
F. Kennedy Road to the cast prop-
erty line of Bonson Street."
Passed, approved and adopted this sth
day of July, 1974.
Allan T. Thoma
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this lith day of July
1974.
Leo F. Frommelt
City Clerk
It 7-11
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 46-74
An Ordinance amending Ordi-
nance No. 33.49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by adding a new
Subsection 21 of Section B of
Schedule III thereof to provide
that northbound and southbound
vehicles on Crissy Drive must
stop before entering the inter-
section of Kaufmann Avenue,
presented and read.
Councilman Justmann moved
that the reading just had be con-
sidered the firsrt reading of the
Ordinance. Seconded by Council-
man Brady. Carried by the fol-
lowing vote:
0
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three sep-
arate days be waived. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 46.74
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 KNOWN
AS THE "TRAFFIC CODE OF
DUBUQUE, IOWA" AS AMEND-
ED BY ADDING A NEW SUB-
SECTION 21 OF SECTION B OF
SCHEDULE III THEREOF TO
PROVIDE THAT NORTHBOUND
AND SOUTHBOUND VEHICLES
ON CRISSY DRIVE MUST STOP
BEFORE ENTERING THE IN-
TERSECTION OF KAUFMANN
AVENUE.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That Ordinance No. 33-49
known as the "Traffic Code of Du-
buque, Iowa" as amended be and the
same is hereby amended by enacting a
new subsection 21 to Section B of Sched-
ule III thereof as follows:
"B. Northbound and southbound ve-
hicles must stop before entering
21. Kaufmann Avenue and Crissy
Drive."
Passed, approved and adopted this Bch
day of July, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 11th day of July
1974.
Leo F. Frommelt
City Clerk
it 7-11
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
ORDINANCE NO. 47.74
An Ordinance amending Ordi-
nance No. 33.49 known as the
384
Special Session, July 8, 1974
"Traffic Code of Dubuque, Iowa"
as amended by adding a new
Subsection 9 to Section D of
Schedule X and a new Subsec-
iian 10 to Section D of Schedule
X thereof to require westbound
vehicles to yield the right of
way before entering the South
Intersection and the North In-
tersection of Crissy Drive and
Marywcod Drive, presented and
read.
Councilman JuMmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three sep-
arate days be waived. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 47.74
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 KNOWN
AS THE "TRAFFIC CODE OF DU-
BUQUE, IOWA" AS AMENDED
BY ADDING A NEW SUBSEC-
TION 9 TO SECTION D OF SCHE-
DULE X AND A NEW SUBSEC-
TION 10 TO SECTION D OF
SCHEDULE X THEREOF TO RE-
QUIRE WESTBOUND VEHICLES
TO YIELD THE RIGHT OF WAY
BEFORE ENTERING THE
SOUTH INTERSECTION AND
THE NORTH INTERSECTION OF
CRISSY DRIVE AND MARY -
WOOD DRIVE.
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 33-49
known as the "Traffic Code of Du-
buque, Iowa" as amended be and the
same is hereby amended by adding a
new subsection 9 to Section D of Sched-
ule X and a new subsection 10 to Sec-
tion D of Schedule X thereof as fo!-
lows:
"Schedule X
D. Westbound Vehicles must yield
before entering the intersection of:
9. Crissy Drive and Marywood
Drive, south intersection.
to. Crissy Drive and Marywood
Drive, north intersection."
Passed, approved and adopted this Ath
day of July, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brad)-
Alvin
radyAlvin E. Lundh
Emil Stackis
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 11th day of July
1974.
Leo F. Frommelt
Citv Clerk
It 7-11
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 48.74
An Ordinance amending Ordi.
nance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by adding a new
Subsection 8 to Section C of
Schedule X and a new Subsec.
tion 9 to Section C of Schedule
X thereof to require eastbound
vehicles to yield the right of
way before entering the South
Intersection and the North In.
tersection of Crissy Drive and
Marywood Drive, presented and
read.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three sep-
arate days be waived. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 48.74
AN ORDINANCE AMENDING
ORDINANCE NO. 33.49 KNOWN
AS THE "TRAFFIC CODE OF DU-
BUQUE, IOWA" AS AMENDED
BY ADDING A NEW SUBSEC-
Special Session, July 8, 1974 385
TION a TO SECTION C OF SCHE-
made regarding the City's expendi-
DULE X AND A NEW SUBSEC-
ture of these funds and as of June
TION 9 TO SECTION C OF SCHE-
25, 1974, we received a formal
DULE X THEREOF TO RE-
feasibility letter from the Depart -
QUIRE EASTBOUND VEHICLES
ment of Housing At Urban Devel-
TO YIELD THE RIGHT OF WAY
opment a copy of which I enclose.
B E F O R E ENTERING THE
INTERSECTION AND
You will note that Paragraph
SOUTH
THE NORTH INTERSECTION OF
12 of the exhibit attached to the
CRISSY DRIVE AND MARY-
feasibility letter requires that Ecu -
WOOD DRIVE.
menical Housing have evidence of
NOW THEREFORE BE IT OR-
funds in the amount of $325,676.00
DAINED BY THE CITY COUNCIL OF
on deposit in the name of Ecu -
THE CITY OF DUBUQUE, IOWA:
menical Housing prior to or at the
Section 1. That Ordinance No. 31-49
time of requesting firm commit -
known as the "Traffic Code of Du-
be and the
buque, Iowa" as amended
is hereby amended by adding a
We are in the process Of sched-
same
subsection 8 to Section C of Sched-
uling the firm commitment meet-
new
ule X and a new subsection 9 to Section
ing and need to have the $100,-
C of Schedule X thereof as follows:
000,00 on deposit in the name of
"Schedule X
Ecumenical Housing in order to
C. Eastbound vehicles must yield be-
arrange that meeting.
fore entering the intersection of:
S. Crissy Drive and Marywood
In view of the pending litiga-
Drive, south intersection.
tion, we believe that the safest
9. Crissy Drive and Marywood
way for all parties to proceed
Drive, north intersection."
would be for the City to advance
Passed, approved and adopted this 8th
the funds to us on the express
day of July, 1974.
condition that in the event the
Allan T. Thoma
litigation should turn out adverse -
Mayor
ly to Ecumenical Housing Incor-
C. Robert Justmann
porated or the City of Dubuque,
James E. Brady
Ecumenical Housing Incorporated
Alvin E. Lundh
would and does hereby guarantee
Emil Stackis
councilmen
to make a prompt refund to the
City of Dubuque of such funds.
ATTEST-
Leo F. Frommelt
We trust that with this guaran.
City Clerk
Published officially in the Telegraph
tee you would be in a position
to make immediate transmittal to
Herald Newspaper this 11th day of July
us of the $100,000.00 amount.
1974.
Leo F. Frommelt
Thank you very much.
City Clerk
Thomas W. Rhomberg,
It 7-11
President
Councilman Justmann moved
Ecumenical Housing
final adoption of the Ordinance.
Incorporated
Seconded by Councilman Brady.
Councilman Lundh moved that
Carried by the following vote:
the communication be received
Yeas — Mayor Thoms, Council-
and filed and City Manager be
men Brady, Lundh, Justmann,
directed to disburse $100,000.00 to
Stackis.
Ecumenical Housing. Seconded by
Nays—None.
Councilman Brady. Carried by the
July 8, 1974
following vote:
Mr. Gilbert D. Chavenelle,
yeas — Mayor Thoms, Council -
City Manager
men Brady, Lundh, Stackis.
c/o Dubuque City Solicitor
Nays—Councilman Justmann.
Re: Ecumenical Housing Incorpo-
There being no further business,
rated
Councilman Stackis moved to ad -
On June 27, 1974, I transmitted
journ the meeting. Seconded by
Councilman Lundh. Carried by the
to Mr. Russo supporting docu.
ments indicating that Ecumenical
following vote:
Mayor Thoms, Council -
Housing had heretofore expended
in excess of $130,000.00 toward
Yeas —
men Brady, Justmann, Lundh,
the construction expense involved
Stackis.
in the high rise facility.
Nays—None.
Leo F. Frommelt
We are aware of pending litiga-
City Clerk
tion wherein a challenge has been
Special Session, July 8, 1974
Approved November 18 1974
Adopted November 18 1974
Special Session July 15, 1974 387
CITY COUNCIL
OFFICIAL
Special Session, July 15, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present ---Mayor Thorns, Council-
men Brady, Justmann, Stackis. City
Manager Gilbert D. Chavenelle.
Absent—Councilman Lundh.
Mayor Thorns read the call and
stated that service thereof had
been duly made and this meeting
is called to CONSIDER A VACA.
TION AND SALE OF A PORTION
OF MAPLE STREET TO THE DU-
BUQUE PACKING CO. and acting
upon such other business as may
properly come before a regular
meeting of the Council.
July 9, 1974
Honorable Mayor
and City Council
I am returning the petition cf
residents on Balboa Drive request-
ing the installation of street light-
ing.
The area has been investigated
by the Electrical Inspector and it
is recommended that three (3)
175 watt mercury vapor fixtures
on wood poles be installed at the
following locations:
1. On property line between
2761 and 2765 Balboa Drive.
2. On property line between
2782 and 2786 Balboa Drive.
3. At the intersection of Balboa
Drive and North Grandview
Avenue—on an existing pole.
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed and recommendation be
approved. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
July 11, 1974
To the Honorable Mayor
and City Council
Please be advised that I have
approved the following Sidewalk
Construction Bond; and desire to
have your approval on same.
William LuGrain, Midwestern
Casualty & Surety Co. Bond No.
29445, dated July 1, 1974.
Gilbert D. Chavenelle,
City Manager
Mayor Thorns moved that the
communication b^ received and
riled and filing approved subject
to approval of City Solicitor. Sec-
3nded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady. Justmann, Stackis.
Nays — None.
.Absent — Councilman Lundh.
July 11, 1974
To the Honorable Mayor
and City Council
You will recall that Dorance
Pitz and Loretta Pitz, and Wayne
Mills and Patricia Mills, as plain-
tiff;, commenced an action against
the Board of Adjustment, City of
Dubuque, Iowa, as defendants, as
Law No. 40022, in which, the said
plaintiffs challenged the action of
the Board of Adjustment relating
to what was done by said Board
relating to the Fourth Street area.
This matter was tried to the
Court without a jury, and on July
11, 1974, the District Court of Du-
buque County, Iowa, Honorable
Karl Kenline presiding, entered
judgment and decree in favor of
the Board of Adjustment, City of
Dubuque, Iowa, ordering that the
Writ of Certiorari theretofore is-
sued be quashed and the court
costs assessed against the plaintiff.
Accordingly, this brings said
matter to a conclusion unless there
is an appeal which the plaintiffs
would have the right to file within
thirty (30) days of entry of the
judgment or after ruling on post-
trial motions.
Original petition is returned
herewith, and a copy of this com-
munication is directed to the
Board of Adjustment, City of Du-
buque, Iowa.
K. N. Russo,
City Attorney
Mayor Thorns moved that the
communication be received and
filed and made a matter of record.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Special Session July 15, 1974
Notice of Claim of Thomas R.
Mai in an undetermined amount
for camper damages incurred in
the parking ramp between 81h &
9th Street on Locust Street as the
result of not enough clearance at
exit on July 3, 1974, presented
and read. Mayor Thorns moved that
the notice of claim be referred
to the City Solicitor for proper
proceedings. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Notice of Claim of James M.
Peters in an undetermined amount,
for broken car radio antenna at.
the 8th Street parking ramp ent-
rance on June 28, 1974, presented
and read. Mayor Thorns moved that
the notice of claim be referred to
the City Solicitor for proper pro-
ceedings. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Notice of Claim of Frank Tim-
merman in the amount of $50.47
for truck damage incurred while
unloading at the City Landfill al-
legedly bumped into by a City
Employee on July 6, 1974, present-
ed and read. Mayor Thorns moved
that the notice of claim be referred
to the City Solicitor for proper
proceedings. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Petition of Linda Shimerda et al
(29 signers) requesting the erec-
tion of a stop sign at Block A onto
Butterfield Road and one 15 MPH
speed sign be placed at southwest
corner of Pennsylvania and But-
terfield Road and one at east side
of Butterfield Road at entrance
from Block A in Oakbrook Sub.,
Presented and read. Mayor 'Thoms
moved the petition be received and
filed and referred to the City Man-
ager and Traffic Department for
investigation and report. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas -- Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
Proof of Publication, certified
to by the Publisher, of notice of
vacation and sale of a portion of
Maple Street to the Dubuque Pack.
ing Company between 16th and
17th Streets, presented and read.
No written objections were receiv
ed and no oral objectors were
present in the Council Chamber
at the time set for the public
hearing. Mayor Thorns moved that
the proof of publication be receiv-
ed and filed. Seconded by Council.
man Stackis. Carried by the fol.
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
ORDINANCE N0, 49.74
An Ordinance for the Vacation
and Sale of that portion of Maple
Street lying between the North
Curb Line of East 16th Street
to South Curb Line of East 17th
Street in the City of Dubuque,
Iowa
said Ordinance having been pre-
viously presented and read at the
Council meeting of June 17, 1974,
presented for final adoption.
ORDINANCE NO. 49.74
AN ORDINANCE FOR THE VA-
CATION AND SALE. OF THAT
PORTION OF MAPLE STREET
LYING BETWEEN THE NORTH
CURB LINE OF EAST 16TH
STREET TO SOUTH CURB LINE
OF EAST 17TH STREET IN THE
CITY OF DUBUQUE, IOWA
WHEREAS, Dubuque flicking Com-
pany, Dubuque, Iowa has petitioned the
City Council of the City of Dubuque.
Iowa for the vacation of that portion of
Maple Street lying between the North
curb line of East 16th Street to South
curb line of East 17th Street in the City
of Dubuque, Iowa and for the purchase
of said vacated portion of Maple Street
by Dubuque Packing Company; and
WHEREAS, the Planning and Luning
Commission of the City of Dubuque.
Iowa, has reccommended the vacation
of said street; and
WHEREAS, the City Council of the
City of Dubuque, Iowa determines that
said alley should be vacated and disposi-
tion of same to the petitioners should be
approved subject to the terms and condi-
tions hereinafter set out;
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Special Session July 15, 1974 389
Section 1. That that portion of Maple
street in the City of Dubuque, Iowa
lying between the north curb line of
East 16th Street to the south curb line of
East 17th Street be and the same is
hereby vacated, and the sale thereof to
Dubuque Packing Company be and the
same is hereby approved.
Section 2. That the City Clerk be and
he is hereby directed to publish notice of
intent to dispose of said vacated portion
of Maple Street to Dubuque Packing
Company for the sum of One Thousand
Eight Hundred ($1800.00) Dollars and
costs of publication and any platting
costs, subject to all existing utility ease-
ments and that no abstract will be fur-
nished and conveyance shall be by Quit
Claim Dad
Passed, approved and adopted this 11th
day of July, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Harald Newspaper this 19th day of July
1974.
Leo F. Frommelt
City Clerk
It. 7.19
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
RESOLUTION NO. 270.74
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing published in
the Telegraph -Herald, a newspaper
of general circulation published in
the City of Dubuque, Iowa, on June
21, 1974 and June 28, 1974, City
Council of the City of Dubuque,
Iowa, met on the 15th day of July,
1974, at 7:30 o'clock P.M. (Central
Daylight Savings Time) in the City
Council Chambers, City Hall, Du-
buque, Iowa to consider proposal
to dispose of interest of the City of
Dubuque, Iowa, in real estate,
hereinafter described, to Dubuque
Packing Company; and
WHEREAS, City Council of the
City of Dubuque, Iowa, over -ruled
any and all objections, oral o1
written, to the proposal to dispos<
Of interest of City of Dubuque
Iowa, in the hereinafter described
-eal estate to Dubuque Packing
;ompany;
NOW THEREFORE, BE IT RE-
;OLVED BY THE CPPV COUNCIL
DF THE CITY OF DUBUQUE,
OWA:
Section 1. That the disposal of
nterest of City of Dubuque, Iowa,
n the following described real es-
tate, to -wit:
That portion of vacated Maple
Street in the City of Dubuque,
Iowa, lying between the north
curb line of East 16th Street
to the south curb line of East
17th Street
to Dubuque Packing Company for
the purchase price of One Thous-
and Eight Hundred ($1,800.00) Dol-
lars and costs of publication, and
any platting costs, subject to all
existing utility easement and that
no abstract will be furnished and
conveyance shall be by Quit Claim
Deed, be and the same is hereby
approved.
Section 2. That the City Clerk
be and he is hereby authorized and
directed to deliver deed of convey-
ance conveying the above describ-
ed real estate to Dubuque Packing
Company upon receipt of the pur-
chase price.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resoulution in the
office of the Dubuque County Re-
corder.
Passed, approved and adopted
this 15th day of July, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by COun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays — None.
Absent — Councilman Lundh.
A resolution from the City of
Fort Dodge, Iowa supporting and
encouraging the concept of an ad-
vance rail system for Northern
Iowa that would connect Sioux
City, Fort Dodge, and Waterloo to
the newly existing Amtrak con-
390 Special Session July 15, 1974
nection in Dubuque, Iowa, pre-
sented and read. Councilman Just -
mann moved that. the resolution
be received and filed. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman I.undh.
Communication of State Repre-
sentative R, W. Welden. addressed
to Mayor Thorns, stating legi la•
ture is depending on the Trans-
portation Commission to come up
with recommendations and figures
on the financial feasibility of what
might be done in the area of rail
transportation, presented and read.
Councilman Justmann moved that
the communication be received
and filed. Seconded by Mayor
Thoma. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis
Nays—None.
Absent—Councilman Lundh.
RESOLUTION NO. 271.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of ciga•
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Beverly Glynn, 1121 TJniversity
Avenue
Big G Steak House, Inc., Plaza 20
Norbert Bisping, 1401 Elm Street
Mister Donut, 914 Dodge Street
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thorns
Mayor
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Stackis.
Nays—Councilman Justmann.
Absent --Councilman Lundh.
RESOLUTION NO. 272.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RG
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap.
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 134th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Mrs. Patricia Revelle, 2776 Jack-
son Street
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thorns
Mayor
C. Robert. Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
RESOLUTION NO. 273.74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" COMMERCIAL
BEER AND LIQUOR LICENSE
Mrs. Patricia Revelle, 2776 Jack-
son Street
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thoma
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Special Session July 15, 1974 391
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
RESOLUTION NO. 274.74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE_
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "B" BEER PERMIT
Dubuque Jaycees, 1023% Main St.,
Sunday Sales
St. Elias The Prophet Greek Ortho-
dox Church, 1075 Rockdale Rd.,
Also Sunday Sales
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Stackis.
Nays—Councilman Brady.
Absent ---Councilman Lundh.
RESOLUTION NO. 27S-74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit.
CLASS 'B" BEER PERMIT
Dubuque Jaycees, 10231/-, Main St.,
Sunday Sales.
it. Elias The Prophet Greek Or-
thodox Church, 1075 Rockdale
Road, also Sunday Sales
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Justmann, Stackis.
Nays—Councilman Brady.
Absent --Councilman Lundh.
Application for transfer of
Beer -Liquor License to Lorraine
A. Fransen from 1900 Washington
Street to 1100 Lincoln Avenue,
presented and read. Mayor Thoms
moved that the application be ap-
proved. Seconded by Councilman
Stackis. Carried by the following
vote,
Yeas — Mayor Thoms, Council-
men Justmann, Stackis.
Nays --Councilman Brady.
Absent—Councilman Lundh.
Application for transfer of Beer
Permit License from 1023% Main
Street to McAleece Recreation
Softball Fields, Kerper Blvd. from
August 1 to August 11, 1974, for
Dubuque Jaycees, presented and
read. Mayor Thoms moved that the
application be approved. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Stackis.
Nays—,Councilman Brady.
Absent—Councilman Lundh.
Mayor Thoms moved to suspend
the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justman, Stackis.
Nays—None.
Absent—Councilman Lundh.
Elza Adams addressed
e
Coun-
cil inquiring what type of recrea-
tion is available in the City of
Dubuque for the older people and
392 Special Session July 15, 1974
complaining about the noise of
motorcycles and cars.
There being no further business,
Councilman Stackis moved to ad-
journ the meeting. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Absent—Councilman Lundh.
Leo F. Frommelt
City Clerk
Approved November 18 1974
Adopted November 18 1974
City Clerk
Special Session, July 22, 1974 _ 393
CITY COUNCIL
OFFICIAL_
thanking Council & Staff for en.
joyable day, while visiting the
City on .lune 26, 1974, presented
and read. Mayor Thoms moved
that the communication be re -
Special Session, July 22, 1974, ceid d fild
veane. Seconded by
Council met at 7:30 P.M. (C.D.T.) Councilman Stackis. Carried by
the following vote::
Present — Mayor Thoms, Coun- yeas — Mayor Thoms, Council-
cilmen Brady, Justmann, Lundh, men Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D. Stackis.
Chavenelle. Nays—None.
Communication of Low -Rent
Housing Commission submitting
minutes of their meeting of July
9, 1974, presented and read. Coun-
cilman Lundh moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yens — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Edna M.
Thompson, Coordinator -Aid to Dai-
ly Living, reprimanding some
councilmen on charges against Mr.
Paul Zimmerman, presented and
read. Mayor Thoms moved that
the communication be received
and filed. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms read the call and
stated that notice had been duly
made and this meeting is called
for the purpose of GOING ON
RECORD REQUESTING LEGISLA-
TURE OF STATE OF IOWA TO
ADOPT A MOTORCYCLE HEL-
MET LAW FOR THE STATE and
acting upon such other business
as may properly come before a
regular meeting of the City Coun-
cil.
Communication of Duane A.
Denlinger, Chairman of Dubuque
County Committee for Handi-
capped Persons submitting copies
of Senate File 1124, relating to
curb ramps for the physically han-
dicapped, and Senate File 1125, re-
lating to the construction of pri-
vate and public buildings and fa-
cilities which are intended for use
by the general public, presented
and read. Mayor Thoms moved
that the communication be re-
ferred to the City Manager for
proper proceedings. Seconded by Jul 19, 1974
Councilman Lundh. Carried by the y
following vote: Honorable Mayor and Members
Yeas — Mayor Thoms, Council- of the City Council
men Brady, Justmann, Lundh, I have approved the following
Stackis, policies and desire to have your
Nays—None. approval of same for filing.
Communication of Iowa Depart- General Liability Policy
ment of Environmental Quality, M. F. Goerdt Construction Com -
notifying of public hearing to be pany, etal, Dubuque, Iowa Bi -
held at 1:30 P.M. on September tuminous Casualty Corporation
11, 1974, in Ames, Iowa concern- Fire & Marine Ins. Co. Policy
ing State of Iowa Air Pollution No GA739247 to April 1, 1975.
Implementation Plan, presented Tschiggfrie Excavating, etal, Du
and read, Mayor Thoms moved buyue, Iowa. Bituminous Cas -
that the communication r ualty Corporation Fire & Ma-
ferred to the City Manager Cas -
and
rine Ins. Co, Policy No. GA -
Council. Seconded by Councilman 753174 to April 1, 1975.
Lundh. Carried by the following Gilbert D. Chavenelle
vote: City Manager
Yeas — Mayor Thoms, Council- Councilman Lundh moved that
men Brady, Justmann, Lundh,
Stackis. the communicatiun be received and
Nays—None. filed and filing be approved subject
Communication of Iowa State to the approval of the City Attor-
Highway Commissioner, Jules M. ney. Seconded by Mayor Thoms.
Busker, addressed to the Mayor, Carried by the following vote:
394 Special Session, July 22, 1974
Yeas -- Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque
County/Municipal Civil Defense
Agency submitting their report
for the year 1973, presented and
read. Mayor Thoms moved that
the communication be received
and filed and Civil Defense Direc-
tor, Ben J. O'Leary, be commend-
ed for work done during the year.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
July 19, 1974
Honorable Mayor
and City Council
I am submitting herewith the
reports of the City Treasurer,
Auditor, Water Superintendent,
Health Department, as well as a
list of claims paid, for the month
of June 1974,
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received
and filed and Financial Report be
Put on file to be made available
to the Council in the future. See.
onded by Councilman Stackis. Car-
ried by the following vote
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of LaVern Ney,
in the amount of $550.00, for 1964
Pontiac automobile allegedly sto-
len from the City Garage while
being held for evidence, present-
ed and read. Mayor Thoms moved
that the notice of claim be re-
ferred to the City Attorney for
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque
County Attorney notifying City of
a public hearing to be held on
July 24, 1974, at 1:00 P.M. at
County Court House for determi.
nation of payment of storage
charges for vehicle of John & Judy
Kramer, presented and read. Ma-
yor Thoms moved that the com-
munication be referred to the City
Attorney for proper proceedings.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
Honorable Mayor July 17, 1974
City Council
On June 7, 1974, Robert Boyar.
ski, 3445 Sunset Park Circle, Du.
buque, Iowa, filed claim against
the City of Dubuque in the approx•
imate amount of $200.00 alleging
damages to personal property in
the basement of his home as a re-
sult of a sewer back up allegedly
occurring on October 7, 1973, as
a result of a clogged city sewer.
This matter was referred to the
appropriate city agency who made
investigation thereof and advised
this office on July 11, 1974, of
no negligence on the part of the
city. In view of the foregoing, it
is the recommendation of the city
attorney that the claim of Robert
Boyarski be denied. Original claim
is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
recommendation of denial be ap-
proved. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Fondell & Sons, Inc.,
requesting permission to excavate
at 1525 Rhomberg Avenue to re-
pair broken water line, presented
and read. Mayor Thoms moved
that the petition be received and
filed and approved. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of YMCA -YWCA re-
questing to rezone North East cor-
ner of Dodge and Booth Streets,
located at 1497 Dodge Street, from
two family residence district to
multiple family to provide for non -
revenue off-street parking use,
presented and read. Councilman
Justmann moved that the petition
be referred to the Planning & Zon-
Special Session, July 22, 1974 395
ing Commission. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Mrs. Christine Zim-
mer et al objecting to the pro-
posed building of a several -car ga-
rage on the corner of Alpine St.
& University Ave., presented and
read. Councilman Stackis moved
That the petition be referred to
the Council meeting of July 29,
1974. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Donald Brimeyer re-
questing refund of $75.00 on unex-
pired Class "B" Beer Permit #B-
2816, as he has discontinued busi-
ness on July 17, 1974, presented
and read. Mayor Thoms moved
that the petition be approved and
City Auditor be directed to issue
proper warrant. Seconded by Coun-
cilman Justmann. Carried by the
following vote
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 276-74
Authorizing the Execution of a
Certificate of Completion for
Thomas F. Leibold.
WHEREAS, under date of Au-
gust 5, 1971, the City of Dubuque
entered into a Contract for the
Sale of Land for Private Redevel-
opment with Thomas F. Leibold
for the real estate hereinafter de-
scribed; and
WIIEREAS, under the terms of
said contract the subject real es-
tate was conveyed by the. City of
Dubuque under date of Septem-
ber 20, 1971, to Thomas F. Leibold
who constructed thereon certain
improvements; and
WHEREAS, Section 307 of said
contract provides that upon com-
pletion of the improvements the
City of Dubuque will furnish
Thomas F. Leibold a Certificate
of Completion; and
WHEREAS, it has determined
that the required improvements
have been satisfactorily complet-
ed; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the Mayor and
City Clerk be and they are here-
by authorized and directed to exe-
cute a Certificate of Completion
for Thomas F. Leibold for the im-
provements located on Lot 1 of
Block 4 in Dubuque Downtown
Plaza in the City of Dubuque,
Iowa, situated in the Downtown
Urban Renewal Project, Iowa R-15.
Section 2. That the Clerk be
and he is hereby authorized and
directed to file a copy of this reso-
lution and the executed copy of
the Certificate of Completion in
the office of the County Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 22nd day of July, 1874.
Allan T. Thoms
Mayor
.Tames E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 277-74
Authorizing the Execution of a
Certificate of Completion for
The First National Bank of
Dubuque.
WHEREAS, under date of Oc-
tober 6, 1970, the City of Dubuque
entered into a Contract for the
Sale of Land for Private Redevel-
opment with The First National
Bank of Dubuque and Adams
Realty Corporation for the real e-,-
tate
state hereinafter described; and
WHEREAS, under the terms of
said contract the subject real es-
tate was conveyed by the City Of
Dubuque under date of June 8,
1971, to The First National Bank
of Dubuque who constructed there-
on certain improvements; and
WHEREAS, Section 307 of said
contract provides that upon com-
pletion of the improvements the
City of Dubuque will furnish The
396
Special Session, July 22, 1974
First National Bank of Dubuque a
Certificate of Completion; and
WHEREAS, it has determined
that the required improvements
have been satisfactorily completed;
now therefore
BE IT RESOLVED BY THE
CITY COUNCIL. OF TIIE CITY OF
DUBUQUE. IOWA:
Section 1. That the Mayor and
City Clerk be and they are hereby
anthorized and directed to execute
a Certificate of Completion for
The First National Bank of Du-
buque for the improvements lo-
cated on Block 18 in Dubuque
Downtown Plaza in the City of
Dubuque, Iowa, situated in the
Downtown Urban Renewal Project,
Iowa R-15.
Section 2. That the City Clerk be
and he is hereby authorized and
directed to file a copy of this reso-
lution and the executed copy of
the Certificate of Completion in
the office of the County Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 22nd day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 278.74
WHEREAS, the City Council of
the City of Dubuque, Iowa, has
become painfully aware of the in-
crease in the incidents of motor-
cycle accidents together with the
resulting increase in severe injur-
ies as the result of said accidents
to the motorcyclists, and which
injuries appear to be principally
involving head injuries resulting
in either, death or severe perma-
nent injuries; and
WHEREAS, it appears to the
City Council of the City of Du-
buque, Iowa, that the requirement
by State law for motorcyclists to
wear protective headgear and eye
Protective devices are critically
essential to the public health, wel.
fare, and safety in terms of the
general public as well as to the
motorcyclist; and
WHEREAS, the City Council of
the City of Dubuque, Iowa, con-
siders it of critical importance that
all interested parties bring to bear
such moral persuasion upon such
State Legislature of Iowa by way
of vigorous representations there.
to in the interest that said legis.
lature immediately adopt a motor.
cycle helmet law for the State of
Iowa.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council,
City of Dubuque, Iowa, does for-
mally go on record requesting that
the Legislature of the State of
Iowa, at the earliest possible time
adopt a motorcycle helmet law for
the State of Iowa.
Section 2. That a certified copy
of this Resolution be transmitted
forthwith to the office of the
Governor of the State of Iowa, to
the Director of Public Safety of
the State of Iowa, and to the major-
ity and the minority leaders of the
Senate and of the Ilouse of Repre-
sentatives, State Legislature of
Iowa.
Passed, approved and adopted
this 22nd day of July, 1974.
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Councilman Brady,
Justmann, Lundh, Stackis.
Nays — Mayor Thoms.
RESOLUTION NO. 279.74
Resolution Approving "West-
chester" in the City of Dubuque,
Iowa.
Whereas, there has been record-
ed in the Office of the County Re-
corder for Dubuque County, Iowa:
A plat of "Westchester" in Sec.
tion 21, Dubuque Township now
in the City of Dubuque, Iowa.
Special Session, July 22, 1974 397
by Westchester Inc. as Owner
thereof; and
Whereas, said plat was examined
by the City Planning and Zoning
Commission and approved by said
body; and
Whereas, on said plat appears
streets to be known as Southway,
Delmonaco Drive, and Dana Drive,
and also casements for public
utilities which the Owner upon
said plat has dedicated to public
forever: and
Whereas, said plat has been
found by the City Council to con-
form to the Statutes and Ordi-
nances relating thereto except that
the streets have not been reduced
to grade or paving, sewer, water
or sidewalks installed therein;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE.
IOWA:
Section 1. That the dedication of
Southway, Dana Drive, and Del-
monaco Drive together with the
easements for public utilities all
as the same appears upon said
plat; be and the same are hereby
accepted and that said streets be
and are hereby established as
public streets in the City of Du-
buque;
Section 2. That "Westchester" is
hereby approved and the Mayor
and City Clerk are hereby author-
ized and directed to endorse the
approval of the City of Dubuque
providing the Owner of said pro-
perty, hereinbefore named, exe-
cutes written acceptance hereto
attached, agreeing:
a. To reduce Southway, Delmonaco
Drive and Dana Drive and to
grade as shown by the profiles
submitted and approved by the
Ctiy Engineer on July 19, 1974.
b. To surface all streets a width
of 31 feet with 6114" of Portland
Cement Concrete Pavement in-
cluding 4" Rolled Stone Base
bedding or 8" Rolled Stone Base
wtih 2%11 Bituminous Concrete
Surface. All of the foregoing
shall be constructed according
to the latest City of Dubuque
Specifications and in conform-
ance with plans approved by
the City Engineer on July 19,
1974.
c. To install sidewalks on both
sides of the streets (all) in ac-
cordance with the City of Du-
buque Standard Specifications
for permanent. sidewalks.
9. To install water mains in ac-
cordance with plans submitted
and approved by the City En-
gineer on July 19, 1974.
> To install sanitary sewers in ac-
cordance with plans submitted
and approved by the City En-
gineer on July 19, 1974.
f. To install the sanitary sewer
and water house laterals for
each lot to be behind the pro-
perty lines in accordance with
plans submitted and approved
by the City Engineer on July
19, 1974.
g. To construct all the improve-
ments in accordance with plans
and specifications approved by
the City Manager and under the
inspection of the City Engineer.
h. To install the storm sewer sy-
stem in accordance with plans
submitted and approved by the
City Engineer on July 19, 1974.
i. To maintain all streetimprove-
ments and sewer and water
mains and respective laterals
within the public right-of-way
for a period of four (4) years
from the date of its acceptance.
j. to construct all said improve-
ments prior to November 30,
1976.
k. To provide all the construction
and maintenance at the expense
of the Owner.
1. To be responsible for any
damage to existing utilities dur-
ing construction including silt-
ing of catch basins due to run-
off from stripped areas of land,
and further repair said damages
immediately upon notice from
the City of Dubuque.
m. To install in accordance with
City Specifications, boulevard
street lighting within thirty (30)
days after the completion of the
adjacent curb and gutter within
any particular section of the
proposed subdivision.
n. To protect and maintain the
earthen and sodded berms con-
structed on the westerly area
of the subdivision for the pur-
pose of collecting storm runoff
and same shall become a per-
manent and incorporated part
of the final grading and land-
scaping of the subdivision. Any
damages of said berm or re-
grading thereof shall be cor-
rected at the owners expense
398 Special Session, July 22, 1974
immediately by the owner upon
notification of the City of Du-
buque.
and further provided that West-
chester, Inc., as Owner of said Sub-
division secured the performance
of the foregoing conditions by pro-
viding security in such sums and
with such sureties as may be ac-
ceptable to the City Manager.
Section 3. That in the event West-
chester, Inc., shall fail to exe-
cute the acceptance and provide
security provided for in Section 2
hereof within forty-five (45) days
from the date of this Resolution,
the provisions hereof of the plat
shall not be effective.
Passed, adopted and approved
by recorded roll call vote this 22nd
day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, I.undh,
Stackis.
Nays — None.
To Leo F. Frommelt, City Clerk
This is to certify that the se-
curity required for the foregoing
Resolution 279-74 has been pro-
vided by the Owner. Dubuque,
Iowa, July 22, 1974.
Gilbert D. Chavenelle
City Manager
ACCEPTANCE OF
RESOLUTION NO. 279.74
Westchester, Inc., having read
the terms and conditions of the
foregoing Resolution 279-74, and
being familiar with the contents
thereof, hereby accept the same
and agree to perform the condi.
tions therein required.
WESTCHESTER, INC.
Homer V. Butt
President
Ed Turnquist
Secretary
Dated July 22, 1974.
Councilman Stackis moved that
the matter of surface drainage in
new subdivisions be referred to
the City Manager with a view of
adopting an amendment of Sub-
division Ordinance to make pro.
visions of drainage problems. See.
onded by Councilman Brady. Car.
tied by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None,
Mayor Thoms moved approval of
the Acceptance of Resolution. Sec.
onded by Councilman Stackis, Car•
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
July 19, 1974
Honorable Mayor
and Councilmen
You have inquired in to the
status of the petition of Dorrance
Pitz and others, which was re-
ferred to the Planning and Zoning
Commission at your meeting of
March 26, 1973. The petition had
requested deletion of the Profes-
sional Office provision as it per-
tained to property on the west
side of Bluff Street between West
Third Street and West Fifth Street,
and sought to limit this property
to residential uses ordinarily per-
mitted in the Multiple Residence
zone. The petition was never for-
mally placed before the Commis-
sion since the essential issue it
raised was then pending before
the Council in the form of a
competing request for the expan-
sion of the Professional Office
zone in the same area.
Ruth and Russell Nash had filed
a petition in September, 1972, re-
questing the expansion of the
Professional Office zone to include
their property at 471-473 West
Fourth Street, and further request.
ing a designation of historical or
architectural significance for that
structure to enable limited com-
mercial use pursuant to provisions
of Ordinance No. 213-70. The basic
premise of Ordinance No. 28-70
(historical preservation ordinance)
is that limited commercial use may
be allowed in significant older
Special Session, July 22, 1974 399
encourag-
ing thnures as a means of u
eiir survival, provided that
such structures may be within an
area otherwise deemed suitable for
professional office use. The Pro-
fessional Office designation is an
independent and necessary pre-
requisite for the application of
the commercial use privilege of
Ordinance No. 28-70.
The Professional Office pro-
visions were a logical base upon
which the historical -commercial
use could be attached, since the
underlying zone is intended to ac-
commodate restricted office uses
within Multiple Residence areas,
where traffic conditions, environ-
mental character and relationship
to adjacent areas of more intensive
use would support the establish-
ment of this intermediate office -
residential district. The Profes-
sional Office district had been es-
tablished on the west side of Bluff
Street in 1967, upon determination
that this intermediate office -resi-
dential district was appropriate on
this perimeter of the downtown
commercial core.
The Pitz petition had asked that
this zone be eliminated in the vi-
cinity of West Fourth Street. To
do so would have isolated the Ele-
vator area properties from any
office or commercial zone and
would have made the historical
preservation zoning issue far more
vunerable to attack as ,spot zon-
ing". This petition was therefore
an opposite alternative to the issue
then under consideration by the
Commission and Council, due to
irreconcilable differences between
it and the Nash request.
The minutes indicate that the
Commission was made fully aware
of the desires of Mr. Pitz and his
co -petitioners during the extensive
proceedings which transpired after
the request had been filed. How-
ever, the Commission, and later
the Council, ruled in favor of the
Nash petition for the expansion
of the Professional Office zone. At
this point, the competing issues of
the Nash and Pitz petitions had
been resolved by the Commission
and Council, so that there was felt
to be no need for a separate re-
sponse to Mr. Pitz and his co -
petitioners.
If it is the wish of the Council
to obtain a specific response to
the petition of March 26, 1973, we
will place it before the CommW
sion at their next regular meeting,
but on advice that it stands in
conflict with recent Council de-
cisions in this area and would
seriously erode the legal founda-
tion of actions establishing the
historical -commercial use district.
Daniel Dittemore
Development Planner
Councilman Stackis moved that
the communication be referred to
the Planning and Zoning Commis-
sion. Seconded by Couneftan
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
At 9:00 P.M. Mayor Thoms
moved to go into executive session
to consider appointments to
Boards and Commissions. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Council reconvened in regular
session at 9:13 P.M. and Mayor
Thoms announced the reappoint-
ment of Paul J. Frommelt to the
Playground & Recreation Commis-
sion for a three year term to
7.5.77. Mayor Thoms moved ratifi-
cation of the appointment. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Lundh submitted a
verbal report on his trip to Den-
ver, Colorado as an attendant at
NAHRO.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Lundh. Carried by the following
vote
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Leo F. Frommelt
City Clerk
400 Special Session, July 22, 1974
Approved November 18 1974
Adopted November 18 1974
Special Session, July 29, 1974 401
CITY COUNCIL
OFFICIAL
Special Session, July 29, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Thorns, Coun.
cilmen Brady, Lundh, Stackis. City
Manager Gilbert D. Chavenelle.
Absent—Councilman Justmann.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of
INAUGURATING PROCEEDINGS
FOR THE CONSTRUCTION OF
CENTURY DRIVE AND BIES
DRIVE 8" SANITARY SEWER and
acting upon such other business as
may properly come before a reg-
ular meeting of the Council.
&
Communication of Playground
Recreation Commission submitting
minutes of their meetings of July
8th, 9th, 15th and 17th, presented
and read. Councilman Brady
moved that the communication be
received and filed. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Communication of Iowa Motor
Truck Assn. Inc., advising of legis-
lation to permit movement of
motor carrier traffic in Iowa bor-
der cities over and above length
and weight limitation imposed by
Iowa, provided the vehicle was
within the limitations set out by
the adjacent State and requesting
to be informed if the Council ap.
proves or restricts such operation
in the community, presented and
read. Mayor Thoms moved that
the communication be referred to
the City Manager and City Soli-
citor. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Communication of Congressman
Neal Smith advising of receipt o
Council resolution supporting rai
system service in northern low
and he will take whatever action i
proper to assist in the project, pre.
sented and read. Mayor Thom
moved that the communication be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Communication of Water Re.
sources Congress advising of a
meeting to be held in Minneapolis
on August 15, 1974, to review
present status of maintenance
dredging and environmental ac-
tions, presented and read. Mayor
Thoms moved that the communica-
tion be referred to the Council.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady. Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Communication of Iowa State
Highway Commission submitting
Administrative Policies and Pro-
cedures Manual on Bikeway and
Walkway Facilities, presented and
read. Mayor Thoms moved that the
communication be referred to the
City Engineer and City Planner.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Communication of Mayor Thoms
submitting a National League of
Cities communication in regard to
a pilot research program in co-
operation with the City and local
colleges and universities bearing
on problems confronting city of-
ficials, presented and read. Coun-
cilman Stackis moved that the
communication be referred to the
Ctiy Manager to make our interest
and intent known and investigate
same. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Communication of Planning &
Zoning Commission submitting
minutes of their meeting of July
f 17, 1974, presented and read.
I Councilman Lundh moved that the
a communication be received and
s filed. Seconded by Councilman
Brady. Carried by the following
5 vote:
402 Special Session, July 29, 1974
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None,
Absent—Councilman Justmann.
Communication of Playground &
Recreation Commission submitting
a feasibility report on the Iee Fa-
cility and an outline of the Five
Flags Center, presented and read.
Councilman Brady moved to sus-
pend the rules to let anyone
address the Council if they so de-
sire. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent ---Councilman Justmann.
Mr. Richard Slattery of the Re-
creation Commission and Mr. Ron
Bowen of Bowen -Kanazawa Part-
nership Architects of Madison,
Wisconsin, presented the Council
with a Feasibility Report on the
Ice Facility.
Councilman Brady moved to re-
instate the rules. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Councilman Brady moved that
the communication and report be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Honorable Mayor July 23, 1974
and City Council
Enclosed is a petition received
by the Electrical Department from
J. W. Hansen Builder for street
light installation in Key Knolls
Subdivision.
The area has been investigated
by the Electrical Inspector and it
is recommended that six (6) 175
watt mercury vapor type fixtures,
on wood poles, be installed at the
following locations:
1. At the intersection of I- ilterest
Road and Keymeer Drive
2. On easement between 3625 and
3631 Keymeer Drive
3. On easement between 3586 and
3594 Keymeer Drive
4. On easement between 3562 and
3570 Keymeer Drive
5. On easement between 2033 and
2045 Woodrow Drive
6. At the intersection of Hillcrest
Road and Woodrow Drive.
Your approval of these installa.
tions is requested.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed and request be approved.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — None.
Absent --Councilman Justmann.
Honorable Mayor July 25, 1974
and Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the petitions of Holling-
worth, Manning, Steffen, Koerper-
ick and Johnson, owners of pro-
perty lying between Glencove Lane
and Pennsylvania Avenue. These
petitions were all similar in nature
and had requested a reclassifica-
tion of portions of five single
family lots from Single Family
Residence District to Local Busi-
ness "B" District.
The Commission is aware that
these petitions were submitted to
you apparently in reaction to an-
other zoning reclassification mat-
ter then under consideration in an
adjacent area. The Commission has
also determined that there is no
reasonable basis for favorable con-
sideration of these five petitions
and has recommended that they
be denied.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Lundh moved that
the communication be received
and filed and recommendation of
denial approved. Also, Planning
& Zoning Commission should
notify petitioners of action taken.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent --Councilman Justmann.
July 19, 1974
Honorable Mayor
and City Council
On June 4, 1974, ,lames W. Grant
of 431 Alpine Street, filed claim
Special Session, July 29, 1974 403
against. the City of Dubuque, Iowa,
in the amount of $2,385.00 claim-
ing said damages occurred on Feb-
ruary 27, 1974, as the result of a
plugged sewer at said site causing
sewage to back up into the base-
ment of his home.
This matter was referred to the
appropriate city agency who made
investigation thereof and advised
this office on July 17, 1974, of no
negligence on the part of the city.
In view of the foregoing, it is
the recommendation of the city
attorney that the claim of James
W. Grant be denied. Original claim
is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and the recommendation of
denial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Notice of Claim of Leeann Lar-
sen, in the amount of $62.83, for
car damage incurred at the time
of a police call at the Doghouse
during a disturbance on July 11,
1974, presented and read. Mayor
Thoms moved that the notice of
claim be referred to the City At-
torney for proper proceedings.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — None.
Absent --Councilman Justmann.
Notice of Claim of Richard J.
Kramer in the amount of $52.05,
for damaged garbage cans as the
result of mishandling by the City
garbage crews at 2721 Muscatine
Street over a period of time, pre-
sented and read. Mayor Thoms
moved that the notice of claim be
referred to the City Attorney for
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
AN ORDINANCE amending Or-
dinance No. 24-69 known as the
"Ordinance Regulating Conduct in
Public Parks of the City of Du-
buque, Iowa" by amending Section
30 thereof and enacting a new
Section 30 In lieu thereof to pro-
vide for the open season or hours
for the respective parks in the
City of Dubuque, Iowa, presented
and read. Mayor Thoms moved
that the ordinance be referred to
the Park Board, City Manager and
City Solicitor. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Petition of Delos A. Dorweiler
requesting action on the cutting
of weeds in various areas sur-
rounding his property at 2105
Kennedy Road, presented and
read. !Mayor Thoms moved that the
petition be referred to the Health
Department for investigation and
report. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Petition of Schwennsen & Haas
requesting the installation of park-
ing meters on Locust Street be-
tween 1st and 2nd Streets, pre-
sented and read. Mayor Thoms
moved that the petition be r*-
ferred to the City Manager and
Traffic Department. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Petition of St. Anthony Mess-
enger requesting permission to
solicit subscriptions to their maga-
zine as in previous years, present-
ed and read. Councilman Stackis
moved that the petition be ap-
proved subject to the recommenda-
tion of approval of City Manager.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent --Councilman Justmann.
Petition of Loras College re-
questing permission to conduct a
Homecoming Parade on October
12, 1974, presented and read.
Mayor Thoms moved that the peti-
tion be approved subject to the
recommendation of approval from
404 Special Session, Jule 29, 1974
City Manager. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms. Council-
men Brady, Lundh, Stackis,
Nays — None.
Absent --Councilman Justmann.
Petition of Mrs. Christine Zim-
mer et al (5 signers) forwarded
from last meeting requesting the
investigation of the building of a
proposed garage at the corner of
Alpine & University, presented
and read. Councilman Lundh
moved that the petition be re-
ceived and filed and building per-
mit be approved upon the recom-
mendation of the Building Com-
missioner. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis,
Nays — None.
Absent --Councilman Justmann.
Petition of Sisters of Charity of
the B.V.M. Dubuque, Iowa, re-
questing permission to install
street lighting with underground
cable in Carmel Drive in Carmel
Heights, presented and read.
Mayor Thoms moved that the peti-
tion be referred to the Engineer-
ing Department for investigation
and report. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Verbal Petition of Councilman
Brady recommending that removal
of trees along North end of Flood -
wall cease pending investigation
and consultation with Corps of
Engineers, presented for discus-
sion. After some discussion, Coun-
cilman Brady moved that the
recommendation be left to the dis-
crimination of the City Engineer
and Corps of Engineers. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent.—Councilman Justmann.
Petition of Richard Hantelmann
requesting a refund of $75.00 on
the unexpired portion of cigarette
license #399, as business was dis-
continued on July 13, 1974, pre-
sented and read. Councilman
Lundh moved that the petition be
approved and the City Auditor be
directed to issue proper warrant.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady. I.undh, Stackis.
Nays — None,
Absent—Councilman Justmann.
July 18, 1974
To the Honorable Mayor
and City Council
This is to advise you that the
8th Street Retaining Wall Recon-
struction Project has been com.
pleted substantially in accordance
with plans and specifications by
Harold Becker and Sons of Du-
buque, Iowa.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
'.Nays — None.
Absent --Councilman Justmann,
FINAL ESTIMATE
RESOLUTION NO. 280.74
WHEREAS, the contract for the
construction of West 8th Street
Retaining Wall Reconstruction
1973 has been completed and the
City Engineer has submitted his
final estimate showing the cost
thereof including the cost of es-
timates, notices, inspection, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$45,332.42.
That $0 of the cost thereof
shall be assessable upon private
property and $45,332.42 shall be
paid from the 1973 Revenue Shar-
ing Fund of the City of Dubuque.
Passed, adopted and approved
this 29th day of July, 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Special Session, July 29, 1974 405
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 281.74
WHEREAS, the contract for the
construction of West 8th Street
Retaining Wall Reconstruction
1973 has been completed and the
Ctiy Manager has examined the
work and filed his certificate stat-
ing that the same has been com-
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer, be and
he is hereby directed to pay to
the contractor from the 1973
Revenue Sharing Fund.
Passed, adopted and approved
this 29th day of July, 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent—Councilman Justmann.
Communication of Planning b
Zoning Commission recommending
approval of the Final Plat of "Y
D. R. Park View Heights" Subd,
in Table Mound Twp., presented
and read. Mayor Thoms moves'
that the communication be tablei
and referred to the Council meet
ing of August 5, 1974. Secondk
by Councilman Stackis. Carried bl
the following vote:
Yeas — Mayor Thoms, Council
men Brady, Lundh, Stackis.
Nays—None.
Absent --Councilman Justmann,
A resolution approving plat of
'F. D. R. Park View Heights"
iubd. in Section 3, Table Mound
rwp., presented and read. Mayor
Choms moved that the resolution
>e referred to the City Solicitor
and City Engineer for report to
;ouncil meeting of August 5, 1974.
seconded by Councilman Stackis.
'.arried by the following vote:
Yeas — Mayor Thoms, Council.
nen Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
RESOLUTION NO. 282.74
Approval of preliminary esti-
mate, proposed plans, apecifica-
tions, form of contract and all
Aber documents for the construc-
tion of and repair of Storm Sewer
Dn 24th Street (between Jackson
and Washington Streets) at an es-
timated cost of $15,953.52. Mayor
Thoms moved adoption of the res-
olution. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoma, Council
men Brady, Lundh, Stackis,
Nays—None.
Absent—Councilman Justmann.
(Necessity for Improvement)
RESOLUTION NO. 283.74
WHEREAS, proposed plans,
specifications, form of contract
have been duly prepared and ap-
proved by the City Council of
the City of Dubuque and are now
on file in the office of the City
Clerk showing among other things
the following
1. An estimate of the cost of
the proposed improvement for the
repair of storm sewer on 24th St.
(between Jackson and Washington
Streets)
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erLy owners, deems it advisable
and necessary for the public wel-
fare to make the hereinmentioned
improvement, and unless any inter-
ested person appears and files ob-
jections to the proposed plans,
specifications, or have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they shall be deemed to have
waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
406 Special Session, July 29, 1974
with the plans and specifications
which have been prepared therr-
fore by the City Engineer which
have been approved by the City
Council and are, now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the sani-
tation fund.
The above resolution wat intro-
duced, approved, and ordered
placed on file with the City Clerk
this 29th day of .July, 1974.
Approved and placed on file for
final action.
Approved:
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved approval of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas -- Mayor Thoms, Council-
men Brady, Lundh, Stackis,
Nays—None.
Absent—Councilman Justmann.
(Ordering Construction)
RESOLUTION NO. 284.74
BE IT RESOLVED by the Cite
Council of the City ofDubuque,
Iowa that pursuant to a Resolution
of Necessity No. 283-74 which was
duly passed by this Council for
the improvement. of REPAIR OF
STOR9t SEWER ON 24th STREET
(between Jackson and Washington
Streets).
Be and same is hereby ordered
constructed by this Council upon
Its own motion and with or with-
out the petition of property own-
ers.
All work shall be constructed in
accordance with the plans and
specifications heretofore adopted
and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of said
improvement be paid from the
Sanitation Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NE.
CESSITY shall be in force and ef-
feet from and after its passage and
adoption by the City Council.
Passed, adopted and approved
this 29th day of July, 1974,
Allan T. Thorns
Mayor
,lames E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
I.eo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Stackis. Carried by the fol.
lowing vote:
Yeas -- Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Naps—None.
Absent—Councilman Justmann.
(Fixing Date of Hearing)
RESOLUTION NO. 285.74
WHEREAS, the City Council of
the City of Dubuque, Iowa has giv
en its preliminary approval on the
proposed plans, specifications, and
form of contract and placed same
on file in the office of the City
Clerk for public inspection for the
repair of storm sewer on 24th
Street (between Jackson and
Washington Streets),
BE IT THEREFORE RESOLVED
that on the 3rd day of September,
1974, a public hearing will be held
at 7:30 P.M. in the Council Cham-
ber of the City of Dubuque at
which time the objectors for the
proposed improvement may ap-
pear and make objection to the
proposed plans and specifications
and proposed form of contract, to
the cost of the improvement and
the City Clerk he and he is hereby
directed to cause a notice of the
time and place of such hearing to
be published in some newspaper
published in the City of Dubuque
which shall be not less than ten
(10) days prior to the day fixed for
itis consideration, and said Clerk
is further instructed to advertise
for proposals for the construction
of the aforementioned improve-
ment.
Passed, adopted and approved
this 29th day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, July 29, 1974 407
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis, Carried by the
following vote:
Yeas -- Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
July 23, 1974
To the Honorable Mayor and
City Council
I hereby submit the attached
sheets No. 1 to 3 inclusive showing
a schedule of the proposed valua-
tion and assessments for the con-
struction of the Century Drive and
Bies Drive 8 inch sanitary sewer.
John L. White, F.E.
City Engineer
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
I,undh. Carried by the. following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent --Councilman Justmann.
RESOLUTION NO. 286-74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the attached
sheets numbered 1 to 3 inclusive,
are hereby determined to be the
schedule of proposed assessments
for the City of Dubuque, Iowa,
Century Drive and Bies Drive 8"
sanitary sewer, and the valuations
set out therein are hereby ap-
proved.
Adopted this 29th day of July,
1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas --. Mayor Thoms, Council-
men Brady, Lundh, Stackis,
Nays—None.
Absent—Councilman Justmann.
RESOLUTION NO. 287.74
Approval of preliminary esti-
mate, proposed plans, specifica-
tions, form of contract, plat and
all other documents for the con-
struction of Century Drive and
Bies Drive 8 inch Sanitary Sewer
at an estimated cost of $59,659.16.
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
(Necessity for Improvement)
RESOLUTION NO, 288-74
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following
1. The size and kind of sewers.
2. Each lot proposed to be as-
sessed together with a valuation
fixed by the council.
3. An estimate of the cost of
the proposed impravement, stating
the same for each different type
of construction and kind of ma-
terial to be used.
4. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
Century Drive do Bies Drive 8 inch
Sanitary Sewer.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
i mount not to exceed the amount
provided by law, property will be
! asuessed whether the same abuts
408 Special Session, July 29, 1974
thereon or is adjacentt thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the sewer funds.
Sewer bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment district shall be as-
sessed to and paid by the railway
company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 299th day of July, 1974.
Approved and placed on file for
final action.
Approved:
Allan T. Thorns
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved approval of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
(Fixing date of hearing)
RESOLUTION NO. 269.74
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 287-74 given its pre-
liminary approval on the proposed
plans, specifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the Century
Drive & Bies Drive 8 inch Sani-
tary Sewer, and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspec-
tion,
BE IT THEREFORE RESOLVED
that on the 3rd day of September,
1974, a public hearing will be held
at 7:30 o'clock P.M. C.D.T. in the
Council Chamber in the City of
Dubuque at which time the own-
ers of property subject to assess
ment for the proposed improve.
ment may appear and make ob.
jection to the proposed plans and
specifications and proposed form
of contract and at the same time
to the boundaries of the proposed
district, to the cost of the improve.
ment, to the amount proposed to
be assessed against any lot and to
the passage of the proposed Reso-
lution of Necessity and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be pub.
lished in some newspaper pub-
lished in the city of Dubuque, the
last of which shall be not less
than two (2) nor more than (4)
weeks prior to the day fixed for
its consideration and unless prop-
erty owners at the time of final
consideration of said resolution
have on file with the Clerk objec-
tions to the amount of the pro-
posed assessment, they shall have
been deemed to have waived all
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 29th day of July, 1974.
Allan T. Thorns
Mayor
.lames E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman I.undh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
RESOLUTION NO. 290.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to Sell
Cigarettes and Cigarette Papers
within said City.
Mrs. Alice Erschen, 2617 Univer-
sity Avenue
W. S. Sheppley & Company, 8th
and Locust Street
Special Session, July 29, 1974 409
Passed, adopted and approved
this 29th day of July 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent --Councilman Justmann.
RESOLUTION NO. 291-74
WHEREAS, applications for Liq-
uor licenses have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provi-
sions of Chapter 131, Acts of the
First Regular Session, 64th Gen-
eral Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Pete S. Sfikas, 401 Central Avenue
James J. Klauer, 1646 Asbury St.
Donna M. Ginter, 342 Main Street
Passed, adopted and approved
this 29th day of July 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
RESOLUTION NO. 292-74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED liy the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Pete S. Sfikas, 401 Central Avenue
James J. Klauer, 1646 Asbury St.
Donna M. Ginter, 342 Main Street
Passed, adopted and approved
this 29th day of July 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—.Councilman Justmann.
There being no further business,
Councilman Stackis moved that
the meeting be adjourned. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—C:ouncllman Justmann.
Leo F. Frommelt
City Clerk
110 Special Session, July 29, 1974
Approved November 18 1974
Adopted November 18 1974
Regular Session, August 5, 1974 411
CITY COUNCIL
OFFICIAL
Regular Session, August 5, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present—Mayor Thoms, Council-
men Brady, Lundh, Stackis. City
Manager Gilbert D. Chavenelle.
Absent --Councilman Justmann.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this is The
Regular Monthly Meeting of the
Council called for the purpose of
acting upon such business as may
properly come before the meeting.
Mayor Thoms read a proclama-
tion declaring the week of August
19, 1974, as "Mental Retardation
Week" per the request of Knights
of Columbus Local Council 4510.
Communication of Urban Re-
newal Director Gent M. Witten
berg, requesting time for Mr. Rob-
ert Hampton to discuss the status
of the proposed Motor Inn Lodge,
granted 90 day extension on May
6, 1974, presented and read. Coun-
cilman Stackis moved that the coin-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the: following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Councilman Stackis moved to
suspend the rules to let anyone
address the Council if they so de-
sire. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Mr. Mills and Mr. Hampton ad-
dressed the Council stating they
feel confident Motor Inn Lodge
project will become a reality in
the very near future. At this time,
they are requesting another 90 day
extension on their Contract due to
financing difficulties.
Mayor Thoms moved that the 90
day extension request of R. Hamp-
ton Associates be granted, subject
to re -negotiation by the City of
Dubuque at their discretion and in
consultation with R. Hampton As-
sociates to November 4, 1974, Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
RESOLUTION NO. 293.74
Authorizing an Extension of time
in which R. Hampton and Com-
pany, Inc. is to commence con-
struction on certain land in the
Downtown Urban Renewal Proj.
ect, Iowa R-15
WHEREAS, under date of Sep-
tember 4, 1973, the City of Du-
buque and R. Hampton and Com-
pany, Inc. entered into a Contract
for Sale of Land for Private Re-
development covering Block 14 in
Dubuque Downtown Plaza; and
WHEREAS, the said Contract
provided that construction was to
commence within six months from
November 11, 1973, the date of
delivery of the deed to said parcel
of real estate by the City of Du-
buque to R. Hampton and Com-
pany, Inc.; and
WHEREAS, the City Council of
the City of Dubuque at their meet-
ing of May 6, 1974, granted R.
Hampton and Company, Inc., at
their request, a ninety day exten-
sion of time in which to commence
construction upon the said parcel
of real estate; and
WHEREAS, R. Hampton and
Company, Inc. has been unable
to secure the required commitment
for financing the construction of
the improvements upon the said
parcel of real estate; and
WHEREAS, it is deemed to be in
the best interest of the Downtown
Urban Renewal Project, Iowa 1145,
and the City of Dubuque to grant
R. Hampton and Company, Inc. a
further extension of time in which
to commence and complete con-
struction of the required improve-
ments; now therefore
BE IT RESOLVED BY THE
COUNCIL OF TILE CITY OF DU.
BUQUE, IOWA:
Section 1. That the time in which
R. Hampton and Company, Inc. is
to commence construction of the
required improvements upon Block
14 in Dubuque Downtown Plaza be
and the same is hereby extended to
11-4, 1974, and the time in which
the said improvements are to be
completed shall be eighteen months
from said date.
412 Regular Session, August 5, 1974
Section 2. That all other terms,
conditions and provisions of the
Contract for Sale of Land for Pri•
vate Redevelopment dated Septem-
ber 4, 1973, shall remain in full
force and effect, as amended.
Passed, adopted and approved
this 5th day of August, 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution as amended. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilmen Justmann,
Communication of Senator Han
old E. Hughes, addressed to the
Mayor, along with a communication
from Mr. R. C. Moot, V.P. of Gov-
ernment Affairs relative to the
possibility of Experimental Am.
trak rail passenger service through
Dubuque, presented and read. May-
or Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Copy of Resoluiton No. S-25649
from the Council of Sioux City
approving the concept of a modern
rail system service for goods and
Persons in and through the State
of Iowa urging appropriate Fed-
eral, State and Local action toward
that goal, presented and read. May-
or Thoms moved that the resolu.
tion be received and filed. Second.
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Communication of David L.
Clemens advising that the Advisory
Commission unanimously approved
the Five Flags Center and Ice-
skating facility as presented by
Mr. Slattery and Mr. Norman at
their meeting of July 23, 1974, pre.
sented and read. Mayor Thoms
moved that the communication be
referred to the Council. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Printed Council proceedings for
the month of March, 1974, present.
ed for approval. Councilman Brady
moved that the proceedings be ap.
proved as printed and made a mat.
ter of record. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
August 1, 1974
To the Honorable Mayor
and City Council
Attached is a copy of an invoice
from the East Central Intergovern-
mental Association in the amount
of $15,577.25 which is an assess-
ment
ssessment for the year 1974.75.
I request your authority to pay
the $15,577.25. It is intended that
it will be paid in installments as
indicated on the invoice and that
it will be paid from Revenue Shar-
ing Funds.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the request be approved. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Proof of Publication, certified to
by the Publisher, of Notice of
Receipt of Bids for Fire Appara-
tus, presented and read. Mayor
Thoms moved that the proof of
publication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
August 1, 1974
'ro the Honorable Mayor
and City Council
I recommend that a Pumping
Engine be purchased from the
American LaFrance Company. The
LaFrance bid is $8,818.00 over the
budget appropriation, however, it
Regular Session, August 5, 194 413
is the lowest of four competitive
bids and funds are available for
the purchase.
In support of my recommenda-
tion I submit a copy of a letter
received from Mr. Dunphy and
Mr. Udelhofen. In the letter they
have tabulated the bids received
and recommended that a contract
be awarded to the lowest bidder.
Gilbert D. Chavenelle,
City Manager
Mayor Thoms moved that the
communication be received and
filed and the recommendation be
approved. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
August 1, 1974
Honorable Mayor
and City Council
1 am returning the petition of
The Sisters of Charity requesting
the installation of street lighting
in Carmel Heights subdivision.
The area has been investigated
by the Electrical Inspector and it
is recommended that three 175
watt mercury vapor fixtures
mounted on metal standards be
installed at the following loca-
tions:
One on northeast curb line,
midway Lot 2
One on northeast curb line, be-
tween Lot 4 and Lot 5
One on northeast curb line, be-
tween Lot 6 and Mt. Carmel
property
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle,
City Manager
Councilman Lundh moved that
the request be approved. Second-
ed by Mayor Thoms. Vote on the
motion was as follows:
Yeas — Mayor Thoms, Council-
man Lundh.
Nays—Councilmen Brady, Stack -
is.
Absent — Councilman Justmann.
MOTION FAILED.
August 1, 1974
Honorable Mayor
and City Council
The Dubuque Airport Commis-
sion is recommending as the first
Phase of its five year Capital
Improvement Program the acquisi-
tion of the equipment and im.
provement of Airport Facilities as
noted below:
1. Purchase of two fire engines
with radio equipment as recom-
mended by FAA—financed 82%
Federal, 18% Local cost $83,500
2. Purchase of radios for the op-
erational mobile units—financed
75% Federal, 25% Local
cost $ 4,000
3. Construction of equipment stor-
age building — financed 100%
Local cost $15,000
4. Purchase of four base stations
for communication with all units
—financed 100% Local
cost $ 4,000
SUMMARY OF COSTS ARE AS
FOLLOWS:
Total Federal Local
Item cost Share, Share
1. Fire Engines
$83,500 $68,470 $15,030
2. Radios for Operating Units
4,000 3,000 1,000
3. Equipment—Storage Bldg.
15,000 15,000
4. Radios—Base Stations
4,000 4,000
TOTAL $106,500 $71,470 $35,030
Attached are letters of explana-
tion for these projects.
Exhibit 1 Letter from FAA on re-
quirement for fire fight-
ing equipment
Exhibit 2 Justification for equip-
ment storage building
Exhibit 3 Necessity of base radio
stations
The Airport Commission has dis-
cussed its proposed program with
our office. We are in concurrence
with the recommendations outlin-
ed in this letter. Sufficient money
is available in the Airport fund to
finance the local share of the cap-
ital improvements.
We are recommending you auth-
orize the City Manager to allot
$35,030 of Airport funds for the
proposed capital improvements. We
will submit to you at a later date
an ordinance amending our cur-
rent budget to reflect the expendi-
ture.
Francis A. Murray
Assistant City
Manager
Mayor Thoms moved that the
communication be received and fil-
ed. Seconded by Councilman
412 Regular Session, August 5, 1974
Section 2. That all other terms,
conditions and provisions of the
Contract for Sale of Land for Pri.
vate Redevelopment dated Septem-
ber 4, 1973, shall remain in full
force and effect, as amended.
Passed, adopted and approved
this 5th day of August, 1974,
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution as amended. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilmen Justmann.
Communication of Senator Har-
old E. Hughes, addressed to the
Mayor, along with a communication
from Mr. R. C. Moot, V.P. of Gov.
ernment Affairs relative to the
possibility of Experimental Am-
trak rail passenger service through
Dubuque, presented and read. May-
or Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Copy of Resoluiton No. S-25649
from the Council of Sioux City
approving the concept of a modern
rail system service for goods and
persons in and through the State
of Iowa urging appropriate Fed-
eral, State and Local action toward
that goal, presented and read. May.
or Thoms moved that the resolu•
tion be received and filed. Second•
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann
Communication of David L
Clemens advising that the Advisor,
Commission unanimously approve(
the Five Flags Center and Ice
skating facility as presented b:
Mr. Slattery and Mr. Norman a
their meeting of July 23, 1974, pre
sented and read. Mayor Thom
noved that the communication be
eferred to the Council. Seconded
iy Councilman Lundh. Carried by
he following vote:
Yeas — Mayor Thoms, Council -
nen Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Printed Council proceedings for
he month of March, 1974, present -
A for approval. Councilman Brady
noved that the proceedings be ap-
Droved as printed and made a mat-
er of record. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
August 1, 1974
To the Honorable Mayor
and City Council
Attached is a copy of an invoice
from the East Central Intergovern-
mental Association in the amount
of $15,577.25 which is an assess-
ment for the year 1974.75.
I request your authority to pay
the $15,577.25. It is intended that
it will be paid in installments as
indicated on the invoice and that
it will be paid from Revenue Shar-
ing Funds.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the request be approved. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, I.undh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Proof of Publication, certified to
by the Publisher, of Notice of
Receipt of Bids for Fire Appara-
tus, presented and read. Mayor
Thoms moved that the proof of
publication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
August 1, 1974
To the Honorable Mayor
and City Council
I recommend that a Pumping
Engine be purchased from the
American LaFrance Company. The
LaFrance bid is $8,818.00 over the
budget appropriation, however, it
Regular Session, August 5, 1974 413
is the lowest of four competitive
bids and funds are available for
the purchase.
In support of my recommenda-
tion I submit a COPY Of a letter
received from Mr. Dunphy and
Mr. Udelhofen. In the letter they
have tabulated the bids received
and recommended that a contract
be awarded to the t bidder.
Gilbert D SChavenelle,
City Manager
Mayor Thorns moved that the
communication be received and
filed and the recommendation be
approved. Seconded by Councilman
Brady. Carried by the following
vote:
yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
August 1, 1974
Honorable Mayor
and City Council
I am returning the petition of
The Sisters of Charity requesting
the installation of street lighting
in Carmel Heights subdivision,
The area has been investigated
by the Electrical Inspector and it
is recommended that three 175
watt mercury vapor fixtures
mounted on metal standards be
installed at the following loca-
tions:
One on northeast curb line,
midway Lot 2
One on northeast curb line, be-
tween Lot 4 and Lot 5
One on northeast curb line, be-
tween Lot 6 and Mt. Carmel
property
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle,
City Manager
Councilman Lundh moved that
the request be approved. Second-
ed by Mayor Thorns. Vote on the
motion was as follows:
Yeas — Mayor Thorns, Council-
man Lundh.
is.
Nays --Councilmen Brady, Stack -
Absent — Councilman Justmann,
MOTION FAILED.
August 1, 1974
Honorable Mayor
and City Council
The Dubuque Airport Commis
Sion is recommending as the firs,
Phase of its five year Capita.
Improvement Program the acquisi
:ion of the equipment and im.
wovement of Airport Facilities as
Toted below:
1. Purchase of two fire engines
with radio equipment as recom.
mended by FAA—financed 82%
Federal, 18% Local cost $83,500
2. Purchase of radios for the op-
erational mobile units—financed
75% Federal, 25% Local
cost $ 4,000
3. Construction of equipment stor-
age building — financed 100%
Local cost $15,000
4. Purchase of four base station
for communication with all units
—financed 100% Local
cost $ 4,000
SUMMARY OF COSTS ARE AS
FOLLOWS:
Total Federal Local
Item cost Share Shan
1. Fire Engines
$83,500 $68,470 $15,030
2. Radios for Operating Units
4,000 9,000 1,000
3. Equipment—Storage Bldg.
15,000 15,000
4. Radios—Base Stations
4,000 4,000
TOTAL $108,500 $71,470 $35,030
Attached are letters of explana-
tion for these projects.
Exhibit 1 Letter from FAA on re-
quirement for fire fight-
ing equipment
Exhibit 2 Justification for equip-
ment storage building
Exhibit 3 Necessity of base radio
stations
The Airport Commission has dis-
cussed its proposed program with
our office. We are in concurrence
with the recommendations outlin.
ed in this letter. Sufficient money
is available in the Airport fund to
finance the local share of the cap-
ital improvements.
We are recommending You auth.
orize the City Manager to allot
$35,0:30 of Airport funds for the
proposed capital improvements. We
will submit to you at a later date
an ordinance amending our cur-
rent budget to reflect the expendi-
ture.
Francis A. Murray
Assistant City
Manager
Mayor Thoms moved that the
communication be received and fil-
ed. Seconded by Councilman
414 Regular Session, August 5, 1974
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
man Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Councilman Stackis further mov-
ed the approval of items 1 and 2
and instructed Airport Commission
to come back at a later, date on
Items 3 and 4. Seconded by Mayor
Thoms. Vote on the motion was
as follows:
Yeas --Councilmen Brady, Stack -
is.
Nays — Mayor Thoms, Council-
man Lundh.
Absent — Councilman Justmann.
MOTION FAILED.
After discussion, Councilman
Lundh moved approval of Items I.
2, & 3 and Airport Commission
to come back at a later date on
Item 4. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh.
Nays — Councilman Stackis.
Absent — Councilman Justmann.
July 29, 1974
Honorable Mayor and
City Council
On November 6, 1973, Bernard
Shireman H.R. #1, Dubuque, filed
claim against the City of Dubuque
in the amount of $238.13 as the
result of damages occurred to
his motor vehicle on September
15, 1973, at the City of Dubuque
Sanitary Landfill on E. 16th Street
as the result of the equipment op-
erator at said landfill driving into
the side door of the claimant's
truck and pushing in the left door
of the vehicle.
This matter was referred to the
appropriate City Agency, who on
July 23, 1974, advised the City
Attorney that said claim had been
amicably disposed of.
Accordingly, it is the recom-
mendation of the City Attorney
that said claim be denied. Origin-
al claim is returned herewith.
R. N. Russo,
City Attorney
Mayor Thoms moved that the
communication be received and
filed, and the recommendation of
denial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays—None.
Absent — Councilman Justmann,
July 29, 1974
Honorable Mayor and
City Council
On June 22, 1973, Margaret V.
Schiel, 509 Lowell Street, Dubu-
que, filed claim against the City
of Dubuque claiming damages in
the amount of $219.08 as a result
of a City truck backing into her
car which was parked in front of
her home.
This matter was referred to the
appropriate City Agency, who on
July 23, 1974, advised the City At-
torney that said claim had been
amicably disposed of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and the recommendation of
denial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
July 29, 1974
Honorable Mayor and
City Council
On October 9, 1973, Ronald V.
Timpe, 2995 Brunswick Street,
filed claim in the amount of $92.70
against the City of Dubuque, and
alleging said damages occurred to
the hood of his motor vehicle as
the result of a tree limb falling on
same on September 26, 1973, while
said vehicle was parked in front of
the Loras Fieldhouse on Alta Vista
Street in the City of Dubuque,
Iowa.
This matter was referred to the
appropriate City Agency, who
made an investigation of same and
has informed this office of no neg.
ligence on the part of the City.
In view of the foregoing, it is
the recommendation of the City
Attorney that said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
Regular Session, August 5, 1974 415
filed. and the recommendation of
denial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
ym — Mayor Thorns. Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
July 29, 1974
Honorable Mayor and
City Council
On June 22, 1973, Peter B. Wag-
ner, 851 Kane Street, Dubuque,
filed claim against the City of Du-
buque claiming damages in an un-
specified amount as the result of
being struck by a City owned ve-
hicle on ,lune 19, 1973.
This matter was referred to the
appropriate City Agency, who on
July 23, 1974, advised the City At-
torney that said claim had been
amicably disposed of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lnndh. Carried by the
following vote:
Yeas -- Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Abient — Councilman Justmann.
July 29, 1974
Honorable Mayor and
City Council
On January 21, 1974, Stacia
Schuster, 830 Loras, Dubuque,
filed claim in the estimated amount
of $164.73 sent to Mrs. Schuster
February 4, 1974, and allep;ing da-
mages to her motor vehicle as the
result of its being struck by a City
owned vehicle on January 14, 1974,
at 341 Main Street while said ve-
hicle was parked thereat-
This
hereatThis matter was referred to the
appropriate City Agency, who on
July 23, 1974, advised the City At-
tornev that said claim had been
amicably disposed of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and the recommendation of
denial I* approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
July 29, 1974
Honorable Mayor and
City Council
On February 15, 1973, Jerry
Steadman. 686 University, Du-
buque, filed claim against the City
of Dubuque, in an unspecified
amount as the result of salt dis-
charge from a City owned vehicle
cracking windshield of car on
driver's side on February 15, 1973.
This matter was referred to the
appropriate City Agency, who
made an investigation of same and
has informed this office of no neg-
ligence on the part of the City.
In view of the foregoing, it is
the recommendation of the City
Attorney that said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thorns moved that the
communication be received and
filed and recommendation of denial
be approved. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
July 30, 1974
Honorable Mayor
and City Council
On June 13, 1974, Sophie Muel-
ler, 3256 Hillcrest Road, Dubuque,
filed claim against the City of Du-
buque for personal injuries alleged-
ly suffered on .Tune 11, 1974, as a
result of stepping into a hole in
the street at Fourth and Locust
Streets.
This matter was referred to the
City Attorney who has made an in-
vestigation thereof and has con-
ferred with the claimant and finds
that claimant suffered bruises, da-
mage to a tooth, and a cut lip re-
quiring suturing, as well as having
her glasses broken in said fall. Clai-
mant has made an offer of settle-
416 Regular Session, August 5, 1974
ment of said claim in the amount
of $150.00, and in view of the fore-
going, it is the recommendation of
the City Attorney that said offer
of settlement be accepted and that
the City Auditor be instructed to
draw a warrant payable to Sophie
Mueller in the amount of $150.00
and transmit same to the City At-
torney for delivery upon receipt
of duly executed releases.
Original claim is returned here-
with, together with medical bills.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation be ap-
proved and City Auditor be direct-
ed to issue proper warrant. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
August 1, 1974
Honorable Mayor and
City Council
On July 3, 1974, John C. Sanner,
597 Edith Street, Dubuque, filed
claim against the City of Du-
buque, alleging damages in the
amount of $10.00 for wrecker ser-
vices allegedly required by him on
June 21, 1974, claimant further al-
leges that while backing his car
from the driveway behind his re-
sidence the alley apparently caved
in, and said auto had to be lifted
out.
This matter was referred to the
appropriate City Agency who has
reported to .this office on July 30,
1974, of no liability on the part of
the City. Accordingly, it is the re-
commendation of the City Attor-
ney that the claim of John C. San-
ner be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Communication of Park Board
requesting Council to amend Ordi-
nance No. 2469 Section 30 to read
"Louis Murphy Park shall be
closed to the public during the
hours from 10:30 P.M. to 7:00
A.M.", presented and read. Mayor
Thoms moved that the communica-
tion be received and filed. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
AN ORDINANCE amending Ordi-
nance No. 2469 known as the Ordi-
nance regulating conduct in public
parks of the City of Dubuque, Iowa,
by amending Section 30 thereof
and enacting a new Section 30 in
lieu thereof to provide for the
open season or hours for the re-
spective parks in the City of Du-
buque, Iowa, presented and read.
Mayor Thoms moved that the read-
ing just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays — Councilman Brady.
Absent — Councilman Justmann.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays — Councilman Brady.
Absent — Councilman Justmann.
Mayor Thoms moved that a pub-
lic hearing be held on the Ordi-
nance on August 19, 1974, at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and that the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays — Councilman Brady.
Absent — Councilman Justmann.
Proof of Publication, certified to
by the Publisher, of Notice of Va-
cation and time of place of hear-
ing to dispose of a portion of an
Regular Session, August 5, 1974 417
Cherry' Street to alley j vote:
alley from
of Green Street, presented I
Yeas — Mayor Thorns, Council -
Lundh, Stackis.
south
No written objections I
men Brady,
and read.
and no oral objec-
Nays —None.
were received
present in the Council
Absent — Councilman Justmann.
tors were
the time set for hear-
Petition of Richard C & Mildred
Clambers at
Thoms moved that the
L. Henschel requesting annexation
ing. Mayor
of publication be receivedof
Lot 2 of Lot 1 of NWyi, NW
proof
filed. Seconded by Councilman
Fract'1 1,4 and I.ot 2 of 1 of 1 of
and
Lundh. Carred by the following
n Z
pi,N N R 2
F.. 5th P.M.
vote:
Thorns, Council-
taining 1.261 acres), presented and
Peas —Mayor
Brady, Lundh, Stackis,
read. Councilman Stackis moved
men
Nays — None. I
that the petition be referred to the
'Zoning
Absent --Councilman Justmann.
Planning & Commission.
AN ORDINANCE for the vasa-
Seconded by Councilman Lundh.
Carried by the following vote:
tion and sale of that portion of an
yeas -- Mayor Thorns, Council -
alley' at the extreme west end of
men Brady, Lundh, Stackis.
d
Cherry Street and running north
from the N.P.L. of Cherry Street I
Nays None.
Arent —Councilman Justmann.
to the S.P.L. of 1st alley south of
abutting Lot 1
Petition of Richard C. & Mildred
Green Street and
of Lot 208 of Finley's Addition,
L. Henschel requesting annexation
Lat 2 of SEci of SE'/4 Sec. 34
presented and read. Mayor Thoms
the Ordinance be
of
"%tainp. 89, N. R. 2 E. 5th P.M. (con -
moved that
tabled to the Council meeting of
ing 14.06 acres), presented and
Stackis moved
September 3, Se1974, to allow for
read. Councilman
that the petition be referred to the
compliance of petitioner. conded
by Councilman Stackis. carried by
Planning & 'Zoning Commission.
Lundh.
the following vote:
Council-
Seconded by Councilman
Carried by the following vote:
Yeas — Mayor Thorns,
Brady, Lundh, Stackis.
Ys — Mayor Thorns, Council -
eaady,
mend
Nays — None.
men Br Lundh, Stackis.
Absent — Councilman Justmann.
Nays — None.
Absent —Councilman Justmann•
A Resolution for approval of
sale of vacated portion of alley
Petition of Raphael W. Grant
of $211.25 on
running from N.P.L. of Cherry
1st alley south
requesting a refund
the unexpired portion of Beer -Li -
Street to S.Y.L. of
Green Street abutting Lot 1 of
quor License *4697, as hedi 974,
of
Lot 20 8 of Finley's Addition to Her-
l
tinued business on July ,
and read. Mayor
s
bert Heitzman for $200.00, pre-
raThoms
presented
the refund be t;
sented and read. Mayor Thoms
moved that the resolution be
moved that
and the City Auditor be. directed
Second -
tabled to the Council meeting of
to issue proper warrant.
Councilman Lundh. Carried
September 3, 1674, to allow for
Second-
ed by
by the following vote:
compliance of petitioner.
cd by Councilman Stackis. Carried
Yeas or Thoms, Council -
by the following vote:
men Brady, Lundh, Stackis.
Yeas — Mayor Thoms, Council-
Nays — None.
Ab.ient -- Councilman Justmann.
men Brady, Lundh, Stackis.
Nays — None.
petition of Toni 1,eibold & Asso-
Absent — Councilman Justmann.
ciates requesting the City to take
water and sewer
Petition of Sister Kenny Insti-
over and maintain
'rower Hills Mobile Home
tute, requesting permission to con-
lines in
and read. Council -
duct their annual dour to door Sis-
Park, presented
that the peti-
ter Kenny Institute Fund drive in man Lundh moved
tion be referred to the City Mana-
the City, presented and read. Coun-
and Staff for red
Lundh moved that the pe
gercilman by oun l-
Secondc'cl by
and report.
tition be approved subject to UP- the fol -
Stackis. Carried by
Cityand coordination of the man
City Manager. Seconded by Mayor lowing vote:
Mayor 'Thoms, Cofollowing
Thoms. Carried by the following Yeas --•
418 Regular Session, August 5, 1974
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Petition of Councilman Brady
for a preliminary feasibility report
of extending Kerper Blvd, from
9th Street. to 2nd Street as the key
to opening the 4th Street Peninsu-
la and providing a continued in-
dustrial report, presented and
read. Councilman Brady moved
that the investigation and report
prepared by Councilman Brady on
the possibility of extending Kerper
Blvd. from 9th to 2nd Street be re-
ferred to the City Planner, the Con-
sultant on 4th St., Crawford -West-
brook, the City Engineering De-
partment, the Dock Commission,
Transportation Committee and the
local traffic committee for evalua-
tion study and report back to the
Council in the near future as to
the desirability and feasibility. Se-
conded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
August 2, 1974
Honorable Mayor and
City Council
I am returning to you a letter of
inquiry from Mike McCarthy about
the sale of Lot 153 Lenox Addition.
I recommend that the lot be
sold, that it be sold by requesting
sealed bids, and that the sales
price be not less than $3,000.
I have informed Mr. McCarthy
of this recommendation.
Gilbert D. Chavenelle.
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None,
Absent — Councilman Justmann.
RESOLUTION NO. 294.74
WH JCEAS, the City of Dubuque,
Iowa is the owner of real estate de_
scribed as: Lot 153 in Lenox Addi.
tion in the City of Dubuque, Iowa:
and
WHEREAS, general taxes and
special assessments in the total
amount of $2649.00 appear unpaid
as levied against said lot; and
WHER.E:AS, an interest appears
by a private individual to acquire
said lot; and
WHEREAS, the City of Du-
buque, Iowa should dispose of said
lot for the highest price obtain-
able, but in no event for a price
less than $3,000.00 and that, said
sale should be on a sealed bid ba-
sis and that no abstract of title be
furnished, the cosds of publication
be paid by the purchaser.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COITNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposition
of Lot 153 in Lenox Addition in
the City of Dubuque on a sealed
bid proposal basis for a price not
less than $3,000.00, together with
costs of publication, together with
any platting costs, be approved
and that no abstract of title be fur-
nished and that conveyance be
made by Quit Claim Deed to be
delivered upon the payment of
purchase price.
Section 2. That the City Clerk
be and he is hereby directed to
publish notice of intentto dispose
of interest in real estate as pro-
vided by law and in accordance
with this Resolution.
Passed, approved and adopted
this 5th day of August, 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution and public hearing
be set for September 3, 1974
at 7:30 P.M. in the Council
Chamber at the City Hall and that
the City Clerk be instructed to pub-
lish notice of the hearing in the
manner required by law. Second-
ed by Councilman Stackis, Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
RESOLUTION NO. 295-74
WHEREAS, there has been pre-
sented to the City Council of the
Regular Session. August 5, 1974 419
City of Dubuque, plat, dated July
31, 1974, plat prepared by John
L. White, P. 1?.. Professional En-
gineer and Land Surveyor, cover-
ing the Southerly 8'4" of the Fast.
erly 53'8'4" of Lot 4 of Block 6
in 'Dubuque Downtown Plaza" in
the City of Du uqu , Iowa,
and
WHEREAS,
forms
to the law, and statutes pertain-
ing thereto:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Smtion 1. That the plat dated
July 31, 1974, prepared by John L.
White, P. E., Professional Engineer
and Land Surveyor, covering the
real e,tate hereinabove described,
be and the. same is hereby ap-
proved and that the Mayor and
City Clerk be and they are here-
by authorized and directed to exe-
cute said plat for and on behalf
of the City of Dubuque, Iowa.
S*etion 2. That the City Clerk
be and he is hereby authorized
and directed to file said plat and
certified copy of this Resolution in
the office of the Recorder in and
for Dubuque County, Iowa,
Passed, approved and adopted
this 5th day of August, 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas -- Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent -- Councilman Justmann.
RESOLUTION NO. 296-74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iuwa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Du-
buque, Iowa, be granted a permit
to sell Cigarettes and Cigarette
Papers within said City.
Gene F. Sullivan, dba, King of
Clubs, 1902 Central
Eugene L. Kopp, dba, The Down-
towner, 951 Main Street
Richard Schurbon, dba, Sir Rich.
ard's, 1091 blain Street
Jean Murphy, dba, Plaza, 1101 Cen-
tral Avenue
Passed, adopted and approved
this 5th day of August 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Lea F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor 'Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justnn3nn.
RESOLUTION NO. 297.74
WHEREAS. applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordin;,nces of the Pity.
CLASS "B" BEER PERMIT
Women's Recreation Assn, Inc.,
Sunday Sales, McAleece Field
St. Culumbkille Parish, Sunday
Sales, 1240 Ru,h Street
CLASS "C" BEER PERMIT
The Great Atlantic and Pacific
Tea Co., 3333 Asbury Road
Passed, adopted and approved
this 5th day of August 1974.
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Attest.:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Ckiuncilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council
men Lundh, Stackis.
Nayy ._._. Councilman Brady.
Absent — Councilman Justmann.
420 Regular Session, August 5, 1974
RESOLUTION NO. 299-74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds-,
NOW THEREFORE BE r1' RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Women's Recreation Assn., Inc.
Also Sunday Sales, McAleece
Field
St. Columbkille Parish, Also Sun-
day Sales, 1240 Rush Street
CLASS "C" BEER PERMIT
The Great Atlantic & Pacific Tea
Co., 3333 Asbury Road
Passed, adopted and approved
this 5th day of August 1974.
Allan T. Thorns
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Lundh, Stackis,
Nays — Councilman Brady.
Absent — Councilman Justmann.
August 5, 1974
To the Honorable Mayor and
City Council
Attached is a matching resolu-
tion for the communications cen-
ter in which the City of Dubuque
resolves to provide $9,182.75 in
the calendar year 1974 as match-
ing funds in relation to funds pro-
vided by the Iowa Crime Commis-
sion.
This is an amendment to a
matching resolution passed by the
City Council on June 5, 1974 in
the amount of $12,123. Attached
is a copy of the grant application
that was approved on June 5, 1974.
Since that time the Iowa Crime
Commission, in working with our
consultants, has recommended that
the county install a high frequency
mobile units and a base station
now rather than waiting for Phase
II for the installation of this equip-
ment. As a result of this recom-
mendation the amount of money
spent on the county equipment
will increase by about $13,000 and
there will be a corresponding de-
crease in the amount spent on
city communication equipment.
Consequently, there is a total
grant application of $96,985.00.
The county share will increase
from $12.123.12 to $15,063.50 and
the city share will decrease from
$12,123.13 to $9,182.75.
In order that proper papers can
be filed with the Iowa Crime Com-
mission on our communications
grant, you are requested to ap-
prove the attached matching reso-
lution for $9.182.75. This resolu-
tion will nullify the resolution
passed on June 5, 1974 for
$12,123.13.
Francis A. Murray
Assistant City Manager
Mayor Thorns moved that the
conununication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas -- Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent -- Councilnuin Justmann.
MATCHING RESOLUTION
NO. 299-74
Whereas, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it
will provide during thecalendar
year of 1974 cash funds for the
following Iowa Crime Commission
projects:
Brief Description of Project: Es-
tablishment of Joint Communica-
tions Center.
Amount of Funds Being Provid-
ed, $9,182.75.
Passed this 5th day of August,
1974.
Allan T. Thorns
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Regular Session, August 5, 1974 421
Atter:
Leo F. Frommelt
City Clerk
This resolution nullifie, City of
Dubuque Resolution No. 227-74
passed on 6/5/74.
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms. Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Autographed Copy conveying
Best Wishes signed by R. C. Wah•
lert in retrospect of 40 years of
service at the Dubuque Packing
Co., presented to the City. Mayor
Thoms moved that the booklet be
received and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent -- Councilman Justmann.
Communication of Walter A.
Pregler requesting negotiations be
inaugurated with the Hoard of Su-
pervisors and the County Board of
Health for the purpose of merg-
ing into one. consolidated Public
Health Agency, presented and
read. Mayor 'Thoms moved that
the communication be referred to
the Mayor and the Chairman of the
Board of Supervisor to report at
next meeting. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays — None.
Absent. — Councilman Justmann.
Kenneth K. Hazlet, M.D. sub
mitted a report to the Council on
Control of Communicable Diseases
relative to shigellosis.
There being no further business,
Councilman Lundh moved the
meetinlg be adjourned. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thomc, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Leo F. Frommelt
City Clerk
December 3 74.
Approved November 18 1974
Adopted November 18 1974
Councilmen
Regular Session, August 5, 1974
RESOLUTION NO. M-74
WHEREAS, applications for
Permits were filed by the
thin named applicants and they
ive received the approval of this
)until; and
WHEREAS, the premises to be
rupied by such applicants were
spected and found to comply
it.h the Ordinances of this City
id they have filed proper bonds;
NOW THEREFORE BE IT RE -
)LVED by the City Council of
c City of Dubuque, Iowa, that
e Manager be authorized to cause
be issued to the following
uned applicants a Beer Permit.
CLASS "B" BEER PERMIT
'omen's Recreation Assn., Inc.
Also Sunday Sales, McAleece
Field
. Columbkille Parish, Also Sun-
day Sales, 1240 Rush Street
CLASS "C" BEER PERMIT
le Great. Atlantic & Pacific Tea
Co., 3333 Asbury Road
I'assed, adopted and approved
is 5th day of August 1974,
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Leo F. Frommelt
City Clerk
blayor Thoms moved adoption
the resolution. Seconded by
iincilman Lundh. Carried by the
llowing vote:
Yeas — Mayor 'Thoms, Council -
!n Lundh, Stackis.
Nays — Councilman Brady.
Absent — Councilman JutiAniann.
August 5, 1974
the Honorable Mayor and
Council
ttached is a matching resolu.
for the communications cen-
in which the City of Dubuque
Ives to provide $9,182.75 in
calendar year 1974 as match -
funds in relation to funds pro -
A by the Iowa Crime Commis -
Phis is an amendment to a
aching resolution passed by the
;r Council on June 5, 1974 in
amount of $12,123. Attached
COPY of the grant application
iiwas approved on June 5, 1974.
Since that time the Iowa Crime
Commission, in working with our
consultants, has recommended that
the county install a high frequency
mobile units and a base station
now rather than waiting for Phase
H for the installation of this equip-
ment. As a result of this recom.
mendation the amount of money
spent on the county equipment
will increase by about $13,000 and
there will be a corresponding de-
crease in the amount spent on
city communication equipment.
Consequently, there is a total
grant application of $96,985.00.
The county share will increase
from $12.123.12 to $15,063.50 and
the city share will decrease from
$12,123.13 to $9,182.75.
In order that proper papers can
be filed with the Iowa Crime Com-
mission on our communications
grant, you are requested to ap-
prove the attached matching reso-
lution for $9,182.75. This resolu-
tion will nullify the resolution
Passed on June 5, 1974 for
$12,123.13.
Francis A. Murray
Assistant City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent -- Councilman Justmann.
MATCHING RESOLUTION
NO. 299.74
Whereas, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it
will provide during thecalendar
year of 1974 cash funds for the
following Iowa Crime Commission
projects:
Brief Description of Project: Es-
tablishment of Joint Communica-
tions Center.
Amount of Funds Being Provid-
ed, $9,182.75.
Passed this 5th day of August,
1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Regular Session, August 5, 1974 421
Attest:
Leo F. Frommelt
City Clerk
This resolution nullifies City of
Dubuque Resolution No. 227.74
pawed on 6/5/74.
Mayor Thoms moved adoption
of the msolution. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady. Lundh, Stackis.
Nays — None.
Absent -- Councilman Justmann.
Autographed Copy conveying
Best Wishes signed by R. C. Wah-
lert in retrospect of 40 years of
service at the Dubuque Packing
Co., presented to the City. Mayor
Thoms moved that the booklet be
received and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Communication of Walter A.
Pregler requesting negotiations be
inaugurated with the Board of Su-
pervisors and the County Board of
Health for the purpose of merg-
ing into one consolidated Public
Health Agency, presented and
read. Mayor Thorns moved that
the communication be referred to
the Mayor and the Chairman of the
Board of Supervisors to report at
next meeting. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yea; — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Kenneth K. Hazlet, M.D. sub-
mitted a report to the Council on
Control of Communicable Diseases
relative to shigellosis.
There being no further business,
Councilman Lindh moved the
meeting be adjourned. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady. Lundh, Stackis.
Nays — None.
Absent Councilman Justmann.
Leo F. Frommelt
City Clerk
74
Approved December 19 1974
Adopted December 19 1974
Councilmen
.................
420 Regular Session, August 5, 1974
RESOLUTION NO. 2911.74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following
named applicants a Beer Permit.
CLASS 'B" BEER PERMIT
Women's Recreation Assn., Inc.
Also Sunday Sales, McAleece
Field
St, Columbkille Parish, Also Sun-
day Sales, 1240 Rush Street
CLASS "C" BEER PERMIT
The Great Atlantic & Pacific Tea
Co., 3333 Asbury Road
Passed, adopted and approved
this 5th day of August 1974,
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Fronimelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Lundh, Stackis,
Nays — Councilman Brady.
Absent — Councilman Justmann.
August 5, 1974
To Rhe Honorable Mayor and
City Council
Attached is a matching resolu-
tion for the communications cen-
ter in which the City of Dubuque
resolves to provide $9,182.75 in
the calendar year 1974 as match•
ing funds in relation to funds pro-
vided by the Iowa Crime Commis-
sion.
This is an amendment to a
matching resolution passed by the
City Council on June 5, 1974 in
the amount of $12,123. Attached
is a copy of the grant application
that was approved on June 5, 1974
Since that time the Iowa Crime
Commission, in working with our
consultants, has recommended that
the county install a high frequency
mobile units and a base station
now rather than waiting for Phase
11 for the installation of this equip-
ment. As a result of this recom-
mendation the amount of money
spent on the county equipment
will increase by about $13,000 and
there will be a corresponding de-
crease in the amount spent on
city communication equipment.
Consequently, there is a total
grant application of $96,985.00.
The county share will increase
from $12,123.12 to $15,063.50 and
the city share will decrease from
$12,123.13 to $9,182.75.
In order that proper papers can
be filed with the Iowa Crime Com-
mission on our communications
grant, you are requested to ap-
prove the attached matching reso-
lution for $9,182.75. This resolu-
tion will nullify the resolution
passed on June 5, 1974 for
$12,123.13.
Francis A. Murray
Assistant City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
MATCHING RESOLUTION
NO. 299-74
Whereas, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it
will provide during thecalendar
year of 1974 cash funds for the
following Iowa Crime Commission
projects:
Brief Description of Project: Es-
tablishment of Joint Communica-
tions Center.
Amount of Funds Being Provid-
ed, $9,182.75.
Passed this 5th day of August,
1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Regular Session, August 5, 1974 421
Attest:
Leo F. Frommelt
City Clerk
This resolution nullifies City of
Dubuque Resolution No. 227-74
passed on 6/5/74.
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady. Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Autographed Copy conveying;
Best Wishes signed by R. C. Wah-
lert in retrospect of 40 years of
service at the Dubuque Packing
Co., presented to the City. Mayor
Thoms moved that the booklet be
received and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady. Lundh, Stackis.
Nays — None,
Absent — Councilman Justmann.
Communication of Walter A.
Pregler requesting negotiations be
inaugurated with the Board of Su-
pervisors and the County Board of
Health for the purpose of merg
ing into one consolidated Public
Health Agency, presented and
read. Mayor 'Thorns moved that
the communication be referred to
the Mayor and the Chairman of the
Board of Supervisors to report at
next meeting. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing; vote:
Yeas — Mayor Thorns. Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Kenneth K. Hazlet, M.D. sub-
mitted a report to the Council on
Control of Communicable Diseases
relative to shigellosis.
There being no further business,
Councilman Lundh moved the
meeting be adjourned. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thorn, Council-
men Brady. Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Leo F. Frommelt
City Clerk
Approved December 19 1974
Adopted December 19 1974
Councilmen
Special Session, August 12, 1974
CITY COUNCIL
OFFICIAL
Special session, August 12, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Thorns, Coun.
cilmen Brady, Lundh, Stackis. City
Manager Gilbert D. Chavenelle.
Absent — Councilman Justmann.
Mayor Thorns read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of RE-
CEIVING PETITIONS FROM THE
RECREATION COMMISSION RE-
QUESTING A CALL FOR A SPE-
CIAL ELECTION and acting upon
such other business as may pro-
perly come before a regular meet-
ing of the City Council.
Communication of Playground &
Recreation Commission submitting
minutes of their meetings of July
22, 23, and 29, 1974, presented and
read. Mayor Thorns moved that
the minutes be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — None,
Absent — Councilman Justmann.
Communication of KMNS Radio
620 Sioux City, Iowa, submitting
a copy of broadcast in the public
interest on August 2, 1974, heard
by nearly 70,000 persons urging
all citizens to push hard for rail
passenger service, presented and
read. Mayor Thorns moved that
the communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Copy of communication of Pat
Dillon, Pres, of Local 94 UAW,
addressed to Region Administra-
tive Office in Kansas City, request-
ing that the exact location of the
contaminates in the Mississippi Ri-
ver be found and that pollution
be stopped, presented and read.
Mayor Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council.
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Communicaxion of Iowa State
Highti%ay Commission, addressed to
the Mayor, advising that the Com-
mission has approved the corridor
public hearing of April 18, 1974,
at Epworth and Freeway 520 will
be constructed beginning on pre.
sent U.S. 20 approximately 0,5 mile
cast of its junction with Iowa 38
and extending easterly along the
present alignment of U.S. 20 to ap-
proximately 3.5 miles east of Peos-
ta, thence east on relocation to
U.S. 61, 4 lane highway, presented
and read. Mayor Thoms moved that
'the communication be received
and filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Notice of U.S. Environmental
Protection Agency & Iowa Depart-
ment of Environmental Quality of
Application by Caradco to dis-
charge into the Mississippi River
via a storm sewer, presented and
read. Mayor Thoms moved that the
Notice be referred to the City
Manager for proper proceedings.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Communication of Director of
Illinois Department of Transporta-
tion, addressed to the Mayor, look-
ing forward to working with the
Mayor and the people of Dubuque
to improve State subsidized rail
service, presented and read. Mayor
Thorns moved that the communica-
tion be received and filed. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Communication of Tri-State In-
dependent Blind Society Inc.,
thanking the Mayor and Council
for the quick response to the Am-
trak issue, they are well satisfied
Special Session, August 12, 1974 423
etth the result, presented and
read. Mayor Thoms moved that
the communication be received
and filed. Seconded by Concilman
Lundh. Carried by the following
vote:
1-eaa — Mayor 'Thoms, Council.
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Communication of Playground &
Recreation Commission submitting
petitions requesting a call and or-
der for a special election for the
purpose of acquiring lands, estab-
lishing, constructing and equip-
ping a recreation building there-
on and incurring indebtedness for
such purposes, presented and read.
Mayor Thoms moved to refer the
communication and attached peti-
tions for proper proceedings as
amended. Seconded by Councilman
lAindh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays — None.
Absent — Councilman Justmann.
Councilman Brady moved that
the motion be amended by calling
for I h signature certification on
the petitions. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas — Councilmen Brady.
Lundh, Stackis.
Nays — Mayor Thoms.
Absent — Councilman Justmann.
Communication of Planning &
Zoning Commission submitting;
minutes of their meeting of Aug-
ust 7, 1974, presented and read.
Mayor Thoms moved that the min-
utes be received and filed. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor 'Thoms, Council.
men Brady, Lundh, Stackis.
Nays—None.
Absent. ---Councilman Justmann.
Proof of Publication, certified
to by the Publisher, of list of
Claims for the month of June,
1974, presented and read. Mayor
Thoms moved that the proof of
Publication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor 'Thoms, Council -
Men Brady, Lundh, Stackis.
Nays --None.
1
Absent --Councilman Justmann.
August 7, 1974
Honorable Mayor
and City Council
It has been proposed by the
staff that street lighting be in-
stalled in River Front Subdivision
No. 5. The area has been inves-
tigated by the Electrical Inspector
and he recommends that boule-
vard lighting fixtures, 175 watt
mercury vapor type, mounted on
wood poles be installed at the
following locations:
1. At the intersection of Hamilton
Street Extension and Kilgore
St.
2. At one-third the distance of
Hamilton Street Extension to
Roosevelt Street, on Kilgore
Street.
3. At two-thirds the distance of
Hamilton Street Extension to
Roosevelt Street, on Kilgore
Street.
4. At the intersection of Kilgore
Street and Roosevelt Street.
5. At the property line between
Lot 3 and Lot 4 of Block I on
Roosevelt Street.
6. At the Inside turn radius of
Roosevelt Street, adjacent to
Lot 4 of Block 1.
Your approval of these installa-
tions is requested.
Gilbert. D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed and request be approved.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Bradi , Lundh, Stackis.
Nays—None.
Absent—councilman Justmann.
August 8, 1974
Honorable Mayor and Members
Of the City Council
I have approved the filing of
the following bond and desire to
have your approval of same, sub-
ject to approval of the City Solici-
tor.
SIDEWALK CONSTRUCTION
BOND
Hartmann Construction Co. Mid-
western Casualty & Surety Co.
Bond No. 29451—issued August
21, 1974. Gilbert D Chavenelle
City Manager he
at t
Mayor Thoms
suboved ec b to the
filing be approvedelicitor. Sec -
approval of the (qty
444 Special Session, August 12, 1974
onded by Councilman Lundh. Car-
ried the orr ne Thoms, COU'O
Yeas as —MayaYO
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 5, 1974
Honorable Mayor and
City Council
I return to you the petition of
Mr. Delos A. Dorweiler about cut-
ting weeds. It was referred to the
staff for investigation and report.
The areas listed in the petition
have been investigated and by way
of report I have attached Mr.
Roth,s letter, dated August 6th.
I have retained in my file copies
of weed notices which are re-
ferred to me by Mr. Roth in his
letter.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 8, 1974
Honorable Mayor
and City Council
A request has been received
from C. E. Mettel, Mettel-Byrne
Addition, for installation of new
street lighting along Rosemont
Street.
The area has been investigated
by the Electrical Inspector and it
is his recommendation that five
new 175 watt mercury vapor fix-
tures on metal poles be installed
at the following locations:
1. Northeast corner of the inter-
section of Hillcrest Road and
Rosemont Street
2. On easement between Lot 10
and 11 of Block 6
3. On easement between Lot 6 and
7 of Block 6
4. On property line between Lot
3 and 4 of Block 7
5. On easement between Lot 1
and 1A of Block 6
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved that the
communication be received and
filed and request be approved.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thorns, Council.
men Brady, Lundh, Stackis.
Nays—None.
Absent --Councilman Justmann,
August 8, 1974
To the Honorable Mayor and
City Council
The Office of Revenue Sharing
each year requires the recipient
governmental unit of revenue shar-
ing funds to submit a report iden.
tifying how revenue sharing funds
were expended. By Spetember 1
of this year the Office of Revenue
Sharing has asked that we report
to them use of revenue sharing
for the period July 1, 1973 to June
30, 1974.
Attached is a copy of the report
that we will be submitting to the
Office of Revenue Sharing. This
report must be published in the
local newspaper for the benefit
of the citizens of the community.
The expenses reflected in the re-
port are funds either spent or
obligated by appropriation in the
period July 1, 1973 to June 30,
1974.
You are requested to authorize
the City Manager to sign this re-
port and to direct the City, Clerk
to publish in the local newspaper.
After publication, the report will
be forwarded to the Office of
Revenue Sharing.
Francis A. Murray
Assistant City
Manager
Mayor Thorns moved that the
communication be received and
filed and City Manager be author-
ized to sign the report and the
City Clerk to publish same in the
local newspaper. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 9, 1974
To the Honorable Mayor
and City Council
We are writing to advise you
that it is necessary to proceed with
the reconstruction of the steel
trash racks on the inlet channels
Of the flood pumps along Kerper
Boulevard near 16th Street.
The existing trash racks were
damaged beyond repair during the
Special Session, August 12, 1974 425
emergency flood pumping at high
river of
June. 1The lsdamage resin thetulteda from
the removal of an algae growth
which was clogging
takes and prevented the pumping
of storm runoff building up in
the detension basin.
Bids for the reconstruction ..f
the racks were solicited from both
local steel fabricating firms. The
low bid was submitted by the
E. J. Voggenthaler Company in
the amount of $6,186-00-
A purchase order for the repair
is being issued to Voggenthaler. It
is imperative the racks he fall
ricated and reinstalled this fall
to be certain this pumping facility
is operable as quick]y as possible.
The project is being financed
by remaining funds in the City's
Floodwall Bond. issue Construction
Account.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed and the bid of $6186.00
be accepted. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh. Stackis.
Nays—None.
Absent—Councilman Justmann.
August 6, 1974
Honorable Mayor and City Council
On August 22, 1973. Mrs. Ilo,,e-
mary Goetzinger, 2800 Pinard
Street, Dubuque, filed claim
against the City of Dubuque in
the amount of $57.17 as the result
of the parking rarnp gate arm
falling on her auto and denting
the auto roof and damaging paint
This matter was referred to the
appropriate City Agency who ad
wised the City Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of denial
he approved. Seconded by Coeur
Gilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor 'I'homs, Council-
men Brady, Lundh. Stackis.
Nays ---None.
Ahsent—Councilman Justmann
August 6. 1974
Honorable Mayor and City Council
On October 14, 1971, Farm Bu-
reau Mutual Insurance Company,
filed subrogation claim for dam-
ages involving their insured claim-
ing said damages resulting from
a stop sign being so posted as to
be impossible to see.
This matter was referred to the
appropriate City Agency who ad-
vised the City Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recom-
mendation of the City Attorney
that said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication he received and
filed and recommendation of de-
nial he approved. Seconded by
Councilman Lnudh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent ---Councilman Justmann.
August 6, 1974
Honorable Mayor and City Council
On November 24, 1972, James
M. Dourney, 1101 Race Street, Du-
buque, filed claim against the City
Of I)ubuque in the amount of
$59.78 as the result of his auto
being struck by a City owned gar.
bage truck.
This matter was referred to de
appropriate City Agency who
wised the City Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial he approved. Seconded by
Councilman Lundh. Carried by the
fallowing vote:
Yeas — Mayor Thoms, Council
men Brady, Lundh, Stackis.
M
Nays—None.
Absent—Councilman Justmann.
426 Special Session, August 12, 1974
August 6, 1974
Honorable Mayor and City Council
On July 12, 1973, Donald J.
Fleege, 2375 Rhomberg, Dubuque,
filed claim against the City of
Dubuque in the amount of $154.00
as the result of damages to his
motor vehicle as the result of a
City garbage truck backing into
said vehicle which was stopped
at a traffic light,
This matter was referred to the
appropriate City Agency who ad-
vised the City Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 6, 1974
Honorable Mayor and City Council
On December 3, 1973, Mark P.
Anglin, 1910 St. Anne Court, Du-
buque, filed claim against the City
of Dubuque in the amount of
$26.75 as the result of a City
rubbish truck breaking off a bas-
ketball post as it made a turn in
the area.
This matter was referred to the
appropriate City Agency who ad-
vised the City Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 5, 1974
Honorable Mayor and City Council
On August 24, 1972, James B.
Lehman, 2675 Beverly, Dubuque,
filed claim against the City of
Dubuque in the amount of $56.65
as the result of tar being splashed
on his motor vehicle by City street
resurfacing crew.
This matter was referred to the
appropriate City Agency who ad-
vised the City Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms. Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 5, 1974
Honorable Mayor and City Council
On April 26, 1973, Kristine E.
Harber, 613 S. Bench Street, Ga-
lena, Illinois, filed claim against
the City of Dubuque in the amount
of $51.80 claiming damages as the
result of the front end of her auto
being damaged as a result of being
struck by a City -operated dump
truck during snow removal.
This matter was referred to the
appropriate City Agency who, ad-
vised the City Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
Claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann
Special Session, August 12, 1974 427
August 5, 1974
Honorable Mayor and City Council
On August 31, 1972, Al J. Meyer,
657 Kane Street, Dubuque, filed
claim against the City of Dubuque
in the amount of $50.00 as the
result of dead tree limb striking
and damaging his roof.
This matter was referred to the
appropriate City Agency who ad-
vised the City Attorney that said
claim bad been amicably disposed
of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thorns moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Prays—None.
Absent—Councilman Justmann.
August 5, 1974
Honorable Mayor and City Council
On January 2, 1973, John Ilryn-
kow, 670 Harvard, Dubuque, filed
a claim against the City of Du-
buque in the amount of $47.86
claiming damages as the result
of his motor vehicle being struck
by a City owned salt -truck.
This matter was referred to the
appropriate City Agency who ad-
vised the Pity Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thorns moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council
men Brady, Lundh, Stackis.
Nays—None,
Absent --Councilman Justmann.
August 5, 1974
Honorable Mayor and City C Puneil
On December 19, 1972, William
G. LaRue, 2735 Pinard Street, Du-
buque, filed claim against the City
of Dubuque in the amount of
$75.00 as the result of a City
owned tractor backing into his
truck while at the City Landfill
Site.
This matter was referred to the
appropriate City Agency who ad-
vised the (sty Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen.
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorne'
Mayor Thorns moved that the:
communicaiton be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady. Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 5. 1974
Honorable Mayor and City Council
On May 23, 1974, John T. Quinn.
'100 Thomas Avenue, Fast Du-
buque, Illinois, filed claim against
the City of Dubuque in the amount
of $140.61 as the result of his
vehicle being struck by City owned
Police car.
This matter was referred to the
appropriate City Agency who ad-
vised the City .Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thorns moved that the
communication be received and
filed and recommendation of de.
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 5. 1974
Honorable Mayor and City Council
On June 14, 1973, Ray Roth,
295 South Bill, Dubuque, filed
claim against the City of Dubuque,
in the amount of $299.49 as the
result of damages being done to
his car by it City truck crashing
428 Special Session, August 12, 1974
into the left side of claimant's car.
This matter was referred to the
appropriate City Agency who ad-
vised the City Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis,
Nays—None.
Absent --Councilman Justmann.
August 6, 1974
Honorable Mayor and City Council
On April 18, 1973, Robert J.
Arensdorf, 350 Kaufman Avenue,
Dubuque, filed claim against the
City of Dubuque in the amount
of $81.88 as the result of the gate
at the Iowa Street Parking Ramp
dropping on top of his camper
top.
This matter was referred to the
appropriate City Agency who ad-
vised the City Attorney that said
claim had been amicably disposed
of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied. Original
claim is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 5, 1974
Honorable Mayor and City Council
On September 12, 1973, Ronald
C. Palm, 2743 Burden Avenue, Du-
buque, filed claim against the City
of Dubuque in the estimated
amount of $429.28 as the result
of his motor vehicle being struck
by a City owned Transit System
Bus.
This matter was referred to the
appropriate City Agency who ad-
vised the City Attorney that said
Agency had denied said claim.
Accordingly, it is the recommen.
dation of the City Attorney that
claim of Ronald C. Palm be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 5, 1974
Honorable Mayor and City Council
On January 4, 1974, Mary L.
Ruroden, 3514 Keymont Drive, Du-
buque, filed claim against the City
of Dubuque in the amount of
$68.83 as the result of her motor
vehicle being struck by a City
owned vehicle.
This matter was referred to th,
appropriate City Agency who ad-
vised the City Attorney that said
Agency had denied said claim.
Accordingly, it is the recommen-
dation of the City Attorney that
claim of Mary L. Ruroden be
denied. Original claim is returned
herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent---r,ouncilman Justmann.
August 5, 1974
Honorable Mayor and City Council
On December 14, 1973, Kenneth
J. Moran, 745 English Lane filed
claim against the City of Dubuque,
in the approximate amount of
$100.00 as the result of a tree
limb falling on his automobile and
damaging same.
This matter was referred to the
appropriate City Agency who ad-
vised the City Attorney that said
Agency had denied said claim.
Special Session, August 12, 1974 429
Accordingly, it is the recommen.
dation of the City Attorney that
claim °qtr original Moran
denied. claim is returned
herewith.
R. N. Russo
City Attorney
ilfayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
foUowing vote:
yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent --Councilman ,TuAmann
Notice of claim of Patrick J.
Egan, in the amount of $200. as
the result of Spiegel Construction
Company equipment driving over
his sidewalk at 398 N. Algona St,
presented and read. Mayor Thoms
moved that the notice be referred
to the City Solicitor for proper
proceedings. Seconded by Council
man Lundh. Carried by the fol
lowing vote:
Yeas — Mayor Thoms, CouncE
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
Notice of Claim of Doris Church.
ill, in an estimated amount of
$337.55 as the result of broken
limbs falling on her car on Junc
20. 1974, at 2539 Traut Terrace.
Presented and read. Mayor Thorn
moved that the notice be referred
to the City Solicitor for proper
proceedings. Seeonded by Council
man Lundh. Carried by the fol
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays—None.
Absent–_Councilman Justmann,
Notice of Claim of Nabisco Inc..
in the amount of $247.04 for truck
damage incurred as the result of
being struck by a city owned ve-
hicle on July 15, 1974 at Primrose
& Burlington St., presented and
read. Mayor Thoms moved that the
notice be referred to the City
Solicitor for proper proceedings.
Seconded by Councilman Lundh
Carried by the following vote:
Peas -- Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays --None.
Absent --Councilman Justmann.
Communication of National Au.
tomobile Transporters Assn., sub-
mitting a copy of Ordinance pass, d
by the City of Council Bluffs, lomp
relating to length and weight of
trucks entering from Nebraska,
presented and read. Mayor Thoms
moved that the communication be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yea.: — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent --Councilman Justmann.
August 7. 1974
The Honorable Mayor and
City Council
I submit to you an ordinance
amending the Dubuque Traffic
Code so that over length trucks
permitted in Illinois can operate
on City streets. This is in accord
with Iowa regulation,
As an explanation of the pro-
posed ordinance I have attached
a copy of a letter from Chief
O'Brien.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
ORDINANCE NO. 50.74
An Ordinance amending Ordi•
nance No. 33.49 known as "The
Traffic Code of Dubuque, Iowa"
as amended by adding thereto
a new Section 20.8 permitting
overweight and overlength trucks
to operate in the City of Du-
buque, presented and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays --None.
Absent—Councilman Justnutnn.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms. Council.
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
430 Special Session, August M 1974
ORDINANCE NO. 50.74
AN ORDINANCE, AMENDING ORD.
INANCE NO. 33-49 KNOWN AS
"THE TRAFFIC CODE OF DUBU-
QUE, IOWA" AS AMENDED BY
ADDING THERETO A NEW SEC-
TION 20.8 PERMITTING OVER-
WEIGHT AND OVER -LENGTH
TRUCKS TO OPERATE IN THE
CITY OF DUBUQUE, IOWA
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION 1. That Ordinance No. 33-
49 known as the "Traffic Code of Du-
buque, Iowa" as amended be and the sante
is hereby amended by adding a new sec-
tion 20.8 thereto as follows:
"20.8 OVERWEIGHT AND OVER.
LENGTH TRUCKS. A motor vehicle
or combination of motor vehicles
entering the corporate limits of Du.
buque, Iowa from the State of Illinios
may be operated upon the streets and
highways of the City of Dubuque,
Iowa, irrespective of the weight and
length limitations imposed by the
laws of the State of Iowa if the
length and weight of the motor ve-
hicles or combination of motor vehic-
les is in conformity with the laws re-
lating to the length and weight of
motor vehicles effective in the State
of Illinois as of July 1, 1974."
Passed, approved and adopted this 12th
day of August, 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frornmelt,
City Clerk
Published officially in the Telegraph
Herald Newspaper this 16th day of Aug-
ust, 1974.
Lou F. Frommelt,
City Clerk
It. 8-16
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded
by Councilman Lundh. carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
August 9, 1974
Honorable Mayor and Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
ceived a communication from the
attorney representing Mr. Arthur
Pins withdrawing Mr. Pins're-
quest for reclassification of "All
of Old Timers Athletic and Sup.
per Club Place except the north-
erly 180 feet thereof" in the City
of Dubuque, Iowa, from Single
Family Residence District to Mul.
tiple Residence -Planned Unit De.
velopment District classification.
At their meeting of August 7,
1974 the Commission acted to
rescind the public hearing which
had been scheduled for August
21st, in compliance with the peti.
tioner's request.
CITY PLANNING ANI)
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Brady moved that
the communication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, CounciI-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
Petition of Dubuque Composite
Squadron requesting that the week
of September 1 to 7, 1974 be de.
clared Civil Air Patrol Week, pre-
sented and read.
Councilman Lundh moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
Mary Donahue and Cindy Stef-
fen, members of the Composite
Squadron, addressed the Council
by relating their various activities
of the Squadron membership.
Councilman Stackis moved ap-
proval of the request and the
Mayor declared the proclamation.
Seconded by Mayor Thoms. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
Petition of Schiltz Development
Corp. requesting the rezoning of
Lot 2-1.1-1 of East 1,4 of SWV4 of
Section 21 Twp. 89 N. R. 2 E. from
Single Family to Multiple Family
Classification, l o c a t e d behind
Hempstead High School, presented
and read. Mayor Thoms moved
that the petition be referred to
the Planning & Zoning Commis-
sion. Seconded by Councilman
Special Session, August 12, 1974 431
Stackis. Carried by the following
%nte:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
petitionf erectionofl5f street
l re-
quesstinggthe
lights in llawkeye Estates, present-
ed and read. '.Mayor Thoms moved
that the petition be referred to
the City Manager and Electrical
Inspector. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council•
men Brady, Lundh, Stackis-
Nays—None.
Absent—Councilman Justmann.
Petition of Peoples Natural Gas
requesting permission to excavate
3 holes on W. 14th Street and 1 on
Avalon Road, presented and read.
Mayor Thoms moved that the pe-
tition be received and filed and re-
quest be approved. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
Petition of Dorothy L. Jones et
al, desiring to go on record of
protesting the vacation of an alley
running east and west off Cath-
erine Street between W. 17th and
W. 16th Streets and requesting to
be notified if any attempt is made
as to the vacation of said alley,
presented and read. Mayor Thoms
moved that the petition be re-
ceived and filed and a copy of pe-
tition be sent to the Planning A
Zoning Commission. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent ---Councilman Justmann.
Petition of Teleprompter Cable
TV requesting approval of month
ly service charges from $4,03 to
$5.75 Lifetime rate; From $5.70
to $7.25 regular rate, Secondary
service from $1.00 to $1.5o, pre-
sented and read. Mayor Thorns
moved that the petition be re-
ferred to the City Manager and
City Solicitor for consideration and
report prior to setting a date for
Public hearing and they be desig-
nated to receive TV financial rec-
ord. Seconded by Councilman Bra.
dy. Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Stackis.
Nays—None.
Abstain—Councilman Lundh,
Absent—Councilman Justmann.
RESOLUTION NO. 300.74
WHEREAS, applications for Liq.
uor Licenses have been submitted
to this Council for approval and
the same have been examined
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSES
imperial Lanes, Inc., 3505 Stone-
man Road (and Sunday Sales)
Passed, adopted and approved
this 12th day of August 1974.
Allan T. Thomas
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilman
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol.
lowing vote:
Yeas — Mayor Thoms, Council-
inen Brady, Lundh, Stackis.
Nays—None.
Absent ---Councilman Justmann.
RESOLUTION NO. 301.74
applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WIiEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City Or-
dinances relevant thereto and they
have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
432 Special Session, August 12, 1974
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Imperial Lane, Inc. 3505 Stone.
man Road (AND Sunday Sales)
Passed, adopted and approved
this 12th day of August 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
RESOLUTION NO. 302.74
BE 1T RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes A ithin the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Joseph L. Diener, 1064 University
Avenue
Passed, adopted and approved
this 12th day of August 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
There being no further business,
Councilman Stackis moved that
the meeting be adjourned. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays—None.
Absent—Councilman Justmann.
Leo F. Frommelt
City Clerk
Approved December 23 1974
Adopted December 23 1974 .
Mayor
City Clerk
Special Session, August 19, 1974 433
CITY COUNCIL
OFFICIAL
Special Session, August 19, 1974.
Council met at 00 h ms(C D.T.)
Present
oilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thorns read the still and
stated that service thereof had
been duly made and this meeting
is called for the purPOse, of acting
upon such business as may prop-
erly come before the Council.
Comunication of Playground do
Recreation Commission submitting
minutes of their meeting of Au-
gust 12, 1974, presented and read.
Mayor Thoms moved that the min-
utes be received and filed. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dock Com-
mission submitting minutes of
their meetings of May 15, June 5
and 19, 1974, presented and rend.
Mayor Thorns moved that the min-
utes be received and filed. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Muscular Dys-
trophy Associations of America
Inc., advising of its annual drive
on November 10, 1974, presented
and read. Mayor Thorns moved
that the communication be re-
ceived and filed and referred to
the City Manager. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dock Commis-
sion commending Councilman Bra-
dy for his efforts on a proposal
to provide an access road opening
the 4th -6th Street peninsula area
to vehicular traffic at Second St.,
presented and read. Mayor Thoms
moved that the communication be
received and filed and copies re-
ferred to the Council and particu-
larly to Councilman Brady. Sec-
onded by Councilman Lundh. Car.
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
August 14, 1974
Honorable :Mayor
and City Council
1 am returning the petition of
Ilefel Bros. requesting new street
li,;hting in Hawkeye Estates Sub-
division.
The area has been investigated
by the Electrical Inspector and it
is recommended that five (5) 175
watt. mercury vapor type fixtures,
mounted on metal poles, be placed
at the following locations:
Hawkeye Drive
One ti) on easement between
Lots 2 and 3.
One (1) on easement between
Lots 22 and 23.
One (1) on easement between
Lots 26 and 27.
Inwood Avenue
One (1) on easement between
Lots 9 and 10.
One (1) on easement, north side
of Lot 12.
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved that the
request be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
August 1, 1974
Ilon.)rable Mayor
and City Council tion of the petition I am returning
The Sisters of Charity requesting
the installation of street lighting
in Carmel heights subdivision.
The area has been investigated
by the Electrical Inspector and it
is recommended that threefixtures
watt mercury vapor
mounted on metal standards be in-
yt Oleat ne on northeast curb line, mid-
way Lot 2.
One on northeast curb line, be-
tween Lot 4 and Lot 5.
One on northeast curb line, be-
tween Lot 6 and Mt. Carmel prop-
erty.
434 Special Session, August 19, 1974
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the re-
quest be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
August 14, 1974
Honorable Mayor and Members
of the City Council
Please be advised that I have
approved the following Compre-
hensive General Liability Policy
issued to:
Louis Buechel—Policy No. ICC
658677, from August 25, 1974 to
August 25, 1975, U. S. Fidelity &
Guaranty Co.
and desire to have your approval
on same for filing subject to ap-
proval of the City Attorney.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved filing
be approved subject to the approv-
al of the City Attorney. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
August 13, 1974
To the Honorable Mayor and
City Council
The Flood Disaster Protection
Act of 1973, as amended from the
previous flood protection acts, be-
came effective December 31, 1973.
As outlined in the Act, its pur-
pose is as follows:
1. Substantially increase the lim-
its of coverage authorized under
the national flood insurance pro-
gram.
2. Provide for the expeditious
identification of, and the dissemi-
nation of, information concerning
flood prone areas.
3. Require States or local com-
munities, as a condition of future
Federal financial assistance, to
participate in the flood insurance
program and to adopt adequate
flood plain ordinances with effee.
tive enforcement provisions con.
sistent with Federal standards to
reduce or avoid future flood loss
es; and
4. Require the purchase of flood
insurance by property owners who
are being assisted by Federal pro-
grams or by Federally supervised,
regulated or insured agencies or
institutions in the acquisition or
improvement of land or facilities
located or to be located in identi.
fied areas having special flood
hazards.
You will note in the purposes
of the Act that there will be iden-
tification of flood prone areas.
This identification of the flood
prone areas is to be determined
by the Federal Insurance Admin.
istration of the Department of
Housing and Urban Development.
Under the previous Act a map
was prepared for the City of Du-
buque, and was dated May 15,
1970. This map Identified areas
that were prone to flooding prior
to construction of the floodwall
and previously included all areas
that were flooded in 1965.
I have had numerous telephone
conversations and have submitted
written infarmation to the Federal
Insurance Administration request-
ing that they review Dubuque in
light of us now having a floodwall
and to reidentify the flood prone
areas.
Attached is a letter dated August
5, 19j4 that I have received rela-
tive to my oral and written com-
munications. You will note in this
letter that the flood insurance map
is being revised. I am told that
this revised map should be avail-
able to us by October 1. Under
the provisions of the Act there is
a 90 day appeal period in which
either the City or citizens may ap-
peal the determination made by
the Federal Insurance Administra-
tion. At the end of this 90 day
period the Federal Insurance Ad-
ministration will evaluate input
data from the communications re-
ceived and make a final determi-
nation on the flood prone areas
hat are subject to flood insurance.
As I receive more information
from the Federal Insurance Admin-
istration, I shall keep you in-
formed.
Francis A. Murray
Assistant City Manager
Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Special Session, August 19, 19774 435
Lundh. Carried by the following
on ed and
Mayo ust .Thoms that
read. meed the
vote:
Yeas —Mayor Thoms, Council •
Na.ice be referred to the City At
men Brady, Justmann, Lundh,
torney for proper proceedings.
Stackis.
Seconded by Councilman Lundh.
Nays --None.
Carried by the following vote:
August 16, 1974
Yeas — Mayor Thorns, Council-
Honorable Mayor
men Brady, Justmann. Lundh,
and City Council
Stackis.
I herewith submit. the reports
Nays—None.
of the City Auditor, City Treasur-
Notice of Claim on behalf of
Water Superintendent, Health
Ber' Gurney Associates Inc., in
er,
Department, as well as a list of
the amount of $73,335.00 due from
claims paid, for the month of July
Coerdt Construction Co., in con -
1974,
nec:ion with the Waste Water
Gilbert 1). Chavenelle
Treatment Facilities Phase II, Con -
City Manager
tract I113, Treatment Plant, pre -
Councilman Brady moved that
sen'ed and read. Mayor Thoms
the communication be received and
moved that the Notice be referred
filed. Seconded by Mayor 'Thoms,
;o the City Attorney for proper
Carried by the following vote:
proceedings. Seconded by Council -
Yeas — Mayor Thorns, Council-
man Stackis. Carried by the follow -
men Brady, Justmann, Lundh,
inged te_
Mayor Thorns, Council -
Stackis.
Nays --None.
men Brady, Justmann, Stackis.
August 9, 1974
'days—None.
Abstain --Councilman Lundh.
Honorable Mayor
Notice of Suit, with first amend -
and City Council
On June 28, 1974, Elmer G. and
ment to petition of Mark David
Mihm, his
Margaret W, Thomas, 2700 Rowse-
Mihm by Bernard W.
father, and Bernard W. Mihm, fa -
vett Street, Dubuque, filed claim
ther of Mark David Mihm a minor,
against the City of Dubuque, claim-
vs. Trausch Baking, Co. & City of
ing damages in the amount of $15,
Dubuque for personal injuries re-
and alleging said damages oc-
ceived by said minor in the 400
curred on June 20, 1474, when a
block of W. Locust Street on May
City crew was removing storm
13, 1974. in the amount of $6,000•00
damaged trees from the road, they
presented and read. Mayor Thoms
broke off their mailbox.
that the Notice be referret,
This matter was referred to the
moved
to the City Attorney for proper pra
appropriate City Agency who hd
Seconded by Councilman
advised the City Attorney that said
.eedings.
Stackis Carried oy the following
claim has been amicably disposed
of.
vO1e: o Council
Yeas — Mayor Thoms,
In view of the foregoing, it is
Brady, Justmann, Lundh,
the recommendation of the City
men
Attorney that said claim be denied.
Stackis.
Original claim is herewith re-
Nays — None.
Petition of Key City Plating Co.
turned.
to construct
K. N. Russo
requesting permission
a sign and planter in front of their
City Attorney
Mayor Thorns moved that the
new building on Kerper Blvd., pre -
Thoms
communication be received and
rented and read. Mayor
the petition be received
filed and recommendation of de
moved that
by Councilman
nial be approved. Seconded by
and filed. Seconded
by the following
Councilman Lundh. Carried by the
Stackis. tarried
following vote:
vote: Council-
Mayor lfioms,Lundh,
Yeas — Mayor Thoms, Council-
Yeas —
Brady. Justmann,
men Brady, Justmann, Lundh,
men
Stackis.
Stackis.^Tone
'Nays—None.
Nays -_
ORDINANCE NO. 51-74
Notice of Claim of Frank Elliott,
Ordinance Authorizing
in an unestimated amount, for
An n trust
City Plating Co. to
damage incurred as the result of
& Sign, presented and
a city water crew backfilling a
Planter
ditch at 2280 Woodworth Street
read.
438 Special Session, August 19, 1974
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Naves—None.
ORDINANCE NO. 51.74
AN ORDINANCE AUTHORIZING
KEY CITY PLATING CO. TO CON-
STRUCT PLANTER & SIGN.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOVA:
SECTION 1. That Key City Plating
Co. as owners of the premises known as
2500 Kerper Lot 2 of 1 of 1 Block S
Riverfront Sub. No. 3 in the City of
Dubuque, Iowa, be and they are hereby
granted the revocable permit and author-
ity to construct and maintain Planter &
Sign under the terms and conditions set
forth in this Ordinance.
SECTION 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by City Manager, under the
supervision and direction of the City
Manager, and in accordance with all ap-
plicable state and federal laws and regula-
tions, and the Ordinances of the City of
Dubuque.
SECTION 3. That the permission here-
in granted is expressly conditioned on
permittees agreement to:
a) Assume any and all liability for dam-
ages to persons or property which may
result from the existence, location, in-
stallation, construction or minten-
ance of said Planter & Sign;
b) To pay on behalf of the City of Du-
buque all sums which the City of
Dubuque shall become obligated to pay
by reason of the liability imposed upon
the City of Dubuque for damages of
any kind resulting from the loc.ttion,
installation, existence, construction or
maintenance of said Planter & Sign,
sustained by any person or persons,
caused by accident or otherwise, to
defend at its own expense and on be-
half of said City any claim against
the City of Dubuque arising out of
the fixation, installation, existence,
construction or maintenance of Planter
& Sign and to pay reasonable attorney
fees therefore;
c) To indemnify and hold City of Du.
buque free and harmless from any and
all claims, loss, liability and expense
for inturies to third prrurns or damages
to property of third persons, or for
damage to any property of City of
Dubuque which may occur as a result
of or in connection with the location,
insta lation, construction, maintenance
and repair of the facility, work or im-
provement permitted herein.
SECTION 4. That the permission herein
granted is expressly conditioned upon per.
mittees further agreement that should thz
richt and privilege herein granted be
rescinded or revoked by the City Council.
permittees, or their successors in interest.
as owners of the abutting property, shall
within ten (10) days after receipt of
written notice from the City Manager.
so to do, at their own expense, remove said
Planter & Sign, and in the event of their
failure so to do, the City of Dubuque
shall be authorised to remove said Planter
& Sign, at permittees expense and dispose
of the same, and the permittees shall have
no claim against the City or its agents for
damages resulting from the removal cf
said Planter & Sign.
SECTION f. Permittees covenant and
agree that the revocable permit herein
granted does not constitute an approval of
the design, erection, location, construction,
repair or maintenance of said facility and
said permittee hereby covenants and agrees
not to assert such claim or defense again,t
the Citv of Dubuque in the event of claim
asserted for personal injuries and/or prop-
erty damage against the permittee arising
out of or in any way connected with the
location, installation, construction, design,
repair and maintenance of the facility
herein permitted.
SECTION 6. This Ordinance shall be-
come effective and the rights hereunder
accrue to Key City Plating Co. when this
Ordinance has been adopted by the Cits
Council and the terms and conditions
thereof accepted by permittees by accept-
ance endorsed nn this Ordinance.
Passed, approved and adopted this 1911,
day of August, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt,
City Clerk
ACCEPTANCE OF ORDINANCE.
NO, 51-74
The undersigned having read and bein•,,
familiar with the terms and conditions of
Ordinance No. 51-74 hereby, for them-
selves, their successors or assigns, as own-
ers of the abutting property, accept the
same and agree to be bound by the condi-
tions and agreements therein contained to
be performed by permittees.
Special Session, August 19, 1974 437
Dated August 19, 1974
Key City Plating Co.
By: James F. Conlon
President or Vice -President
or Property Owner
By: Kathleen A. Conlon
Secretary or other Officer
Published officially in the Telegraph
Herald Newspaper this 22nd day of Aug-
ust, 1974.
Leo F. Frommelt-
city Clerk
It. 8-22
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Amvets Auxiliary re-
questing permission to sell White
Clovers on September 6th and 7th,
presented and read. Mayor Thorns
moved that the petition be ap-
proved and referred to the City
Manager. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Don Pettit, et al, re-
questing vacation of the East 281
feet of the 10' wide access between
the 1800 block on N. Algona and
Avoca Sheets, presented and read.
Mayor Thorns moved that the pe-
tition he referred to the Planning
dt Zoning Commission for investi-
gation and report. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of objection of Edwin
L. Glab, et al, to the requested
closing of the east portion of the
alley located between Green Street
and N. Grandview Ave. from
Avoca to Algona Streets, presented
and read. Mayor Thoms moved
that the petition be referred to the
Planning dt Zoning Commission for
investigation and report. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor "rhoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
RESOLUTION NO. 303.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Robert Kehl, 62 Locust Street
Max Rettenberger, 980 Dodge St.
Lorraine M. Hirsch, 206 West
Third Street
Phillip T. Langas, 1105 Loras Blvd.
Ronald J. Haas, 1630 East 16th St.
Passed, adopted and approved
this 19th day of August 1974.
Allan T. Thorns
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
th^ resolution. Seconded by Coun-
cilman Stackis. Carried by the f01 -
lowing vote:
Yeas —:Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays --Councilman Justmann.
RESOLUTION NO. 304.74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the ordinances of the City.
CLASS -C11 BEER PERMIT
Ralph J. Grabow, 1050 University
Avenue roved
Passed, adopted and app
this 19th day of August 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
438 Special Session, August 19, 1974
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 305.74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT
Ralph J. Grabow, 1050 University
Avenue
Passed, adopted and approved
this 19th day of August 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
At 6:28 P.M. Mayor Thoms
moved to go into executive session
for consideration of appointments
to various Boards and Commis-
sions. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Council reconvened in regular
session at 7:05 P.M. at which time
Councilman Lundh moved approv-
al of the following appointments:
Playground & Recreation Commis.
sion, Paul Russo to replace Tom
Breitbach, term expiring July 5,
1977; Citizens Advisory Board, Da-
vid Bonnett, Vincent A. Kueper,
and Dorrance Pitz, all for 3 year
terms expiring June 1, 1977; Low -
Rent Housing Commission, Char.
lotte Kelly replacing James W.
Grant, and Douglas Pearce replac-
ing Rev. Robert P. Odden both for
2 year terms expiring August 17,
1976; and Dave Loney to fill the
unexpired term of Mary Petropo-
lous to Jan. 1, 1977, on the Human
Rights Commission. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 306-74
Confirming the Appointment of
Members of the Low -Rent Hous.
ing Commission of the City of
Dubuque, Iowa.
WHEREAS, on the 171h day of
August, 1970, the City Council of
,.he City of Dubuque, Iowa, adopt-
ed Resolution No. 24470, electing
to exercise the powers contained
in Chapter 403A of the Iowa Code
of 1966, as amended, by the City
Council of the City of Dubuque,
Iowa, and by said City Council
through a Board of Commissioners
to the extent of the authority
granted said Board by said City
Council; and
WHEREAS, on the 1st day of
February, 1971, the City Council
of the City of Dubuque, Iowa,
adopted Resolution No. 36-71
amending said Resolution No. 244-
10
4410 increasing said Board of Com-
missioners from five to seven
members; and
WHEREAS, the Mayor of the
City of Dubuque, pursuant to said
Resolution No. 24470 and to Reso-
lution 36-71 has appointed mem•
bers to the Low -Rent Housing Com-
mission of the City of Dubuque;
now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE;, IOWA:
Section 1. That the action of the
Mayor of the City of Dubuque,
Iowa, in appointing
Charlotte Kelly to 8-17-76
Douglas Pearce to 8-17-76
as Commissioners of the Low -rent
Housing Commission of the City
of Dubuque, Iowa, is hereby ap-
Special Session, August 19, 1974 439
proved and the appointment of
said Commissioners is hereby con-
firmed by this City Council for
the period designated in the Cer-
tificate of Appointment of Com-
missioners now on file in the office
of the City Clerk.
Passed. approved and adopted
this 19th day of August, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Ju;tmann
Emil Stackis
Alvin E. I..undh
Councilmen
(13:00 P.M.) meeting be adjourned
and the hearing scheduled for 7:30
P.M. this evening relative to park
closing hours be adjourned to the
meeting scheduled for August 26,
1974. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas --Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays --None.
Leo F. Frommelt
City Clerk
Approved December 23 1974
Adopted December 23 1974
Attest:
Leo F. Frommelt
City Clerk Adopbe cembe I 2 .31
.................................
Councilman Justman moved adop-
tion of the resolution. Seconded by Lam._ _ ... ^
Councilman Brady'. Carried by the Mayor
following vote:
Yeas—Mayor Thorns , Councilmen
Brady, Justmann, Lundh, Stackis. '' •vNi-
...
Nays—None.
Mayor Thorns moved that the
City Clerk Ix, authorized to sign
Notice to Bidders for the Dubuque
County -City I,aw enforcement com-
munication system. Seconded by
Councilman Justmann. Carried by
the following vote: '
Yeas --Mayor Thorns, Councilmen
Brady, Justmann, Lundh, Stackis. Councilmen
Clerk
440 Special Session, August 26, 1974
CITY COUNCIL
OFFICIAL.
Adjourned Special Session, Aug-
ust 26, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present—Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle,
A1ayor Thoms read the call and
stated that service thereof had
been duly made and this is AN
ADJOURNED SPECIAL SESSION
of the Meeting of August 19, 1974,
called for the purpose of CON-
DUCTING A PUBLIC HEARING
ON A PROPOSED ORDINANCE
REGULATING CONDUCT IN PUB.
LIC PARKS and acting upon such
other business as may properly
come before the Meeting.
Mayor Thoms proclaimed Sep-
tember 28, 1974, as "Hunting and
Fishing Day."
Proof of Publication, certified to
by the Publisher, of Notice of Bear-
ing on a proposed Ordinance regu-
lating conduct in public parks,
presented and read. Mayor Thoms
moved that the proof of publication
be received nad filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Thoms, Councilmen
Brady, JustMann, Lundh, Stackis.
Nays—None.
AN ORDINANCE amending Or-
dinance No. 24-69 known as the
Ordinance regulating conduct in
Public Parks of the City of Du.
buque, Iowa by amending Section
30 thereof and enacting a new Sec-
tion
eo-tion 30 in lieu thereof to provide
for the open season or hours for
the Respective Parks in the City
of Dubuque, Iowa, presented and
read. Councilman Lundh moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Mrs. John Wells addressed the
Council complaining mostly about
traffic noises during the last 3
years. Dave Schrieber suggested
putting in a creeper lane on Kerri-
gan Road. After considerable dis-
cussion, Councilman Lundh moved
to reimpose the rules. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Councilman Stackis moved that
the Park Board and Council sit
down and discuss closing hours for
public parks with the City Manager.
Seconded by Councilman Justmann.
Carried by the following vote:
Yeas—Councilmen Brady, Just -
mann, Stackis.
Nays --Mayor Thoms, Councilman
Lundh.
Communication of Mayor Thoms
requesting a few minutes time to
invite Ms. Marna Conlon and Ms.
Mary Lynn Neuhaus to gine a re-
port on this years Mayor's Summer
Youth Employment Program, pre-
sented and read. Councilman Stack -
is moved to suspend the rules to
let anyone present addresi the
Council if they so desire. Seennded
by Councilman Brady. Ms. Marna
Conlon and Ms. Mary Lynn Neu-
haus of the Mayor's Summer Youth
Employment Program and Gary
Kempthorne of Iowa State Employ-
ment Office addressed the Council
stating the Program has become
financial self-supporting. During
the summer 431 positions were
filled and 63 part-time jobs were
obtained. Councilman Stackis mov-
ed that the communication of Ma-
yor Thoms be received and filed.
Seconded by Mayor Thoms. Car-
ried by the following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Rev. Sigwarth, George Coffin and
Jim Reynolds addressed the Coun-
cil regarding the barricading in
the Washington Street neighbor-
hood area.
Proof of Publication, certified to
by the Publisher, of Actual Use
Report of Revenue Sharing Funds
to June 30, 1974, presented and
read. Mayor Thoms moved that the
proof of publication be received
and filed. Seconded by Councilman
Justmann. Carrid by the following
vote:
Yeas—Mayor Thoms, Councilmen
Brady, Juitmann, Lundh, Stackis.
Nays—None.
Special Session, August 26, 1974 441
Proof of Publication, certified to
by the Publisher, of statement of
1lisbursemenis and Receipts along
with list of Claims for July, 1974,
presented and read. Mayor Thoms
moved that the proof of publication
be received and filed. Secanded by
Councilman Justmann. Carried by
the following vote:
Yeas—Mayor Thorns, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Communciation of 1,ow R e n t
Housing Commission submitting
minute, of thein meeting of Aug-
ust 20, 1974, presented and read.
Mayor Thoms m wed that the min-
utes be received and filed. Second-
ed by Councibnan Justmann. Car-
ried by the following vote:
Yeas—Mayor Thom,;. Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Communication of Kenneth E.
Jury objecting to the idea of re-
imposing a toll on the Julien Du-
buque Bridge, presented and read.
Mayor Thorns moved that the com-
munication be received and filed.
Seconded by Councilman Justmann.
Carried by the following vote:
Yeas—Mayor Thorns, Councilmen
Brady, .lustmann, Lundh, Stackis.
Nays—None.
Communication of C. J. Callag-
han of 1057 W. 3rd Street object.
ing to the Delhi Group Home mov-
ing next door to them, presented
and read. Mayor Thoms moved that
the communication be received and
filed and referred to Council. Sec
onded by Councilman Justmann.
Carried by the following vote:
Yeas --Mayor Thorns, Councilmen
Brady. Justmann, Lundh, Stackis.
Nays—None.
Communication of Mrs. Clarence
Galliart of 1976 W. 3rd Street ob-
jecting W locating a group home
in the area, presented and read
Mayor Thorns moved that the corn
munciation be received and filed
and referred to Council. Seconde
by Councilman Justmann. Carried
by the following vote:
Yeas—Mayor Thorns, Councilmen
Brady, Jus.mann, Lundh, Stachi.
Nays ---done.
adolescents at 1045 W. Third Street,
pre ented and read. Iiallor Thorns
moved that the communication be
received and filed and referred to
the Council. Seconded by Council.
man Justmann. Carried by the
followine vote:
Yeas—Mayor Thorns. Councilmen
Brady, Justmann. Lundh, Stackis.
Nays—None.
Petition of David Derks et. al
(27 signers) objecting to the pro-
posed location of the Hillcrest Boys
group home at 1045 W. Third
Street. presented and read. Mayor
Thorns moved that the petition be
received and filed and referred to
Council. Seconded by Councilman
,lustmann. Carried by the follow•
ing vote:
Yeas-1llayor Thorns. Councilmen
Brady, Justmann. Lundh, Stackis.
Nays—None.
Communication of David Locher,
1004 W. Third Street. objecting to
the location at 1045 W. 3rd Street
for a boys group home, presented
and read, Mayor Thorns moved that
the communication be received and
filed and referred to the Council.
Seconded by Councilman Justmann.
Carried by the following vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann. Lundh, Stackis.
Nays—None.
Communication of Tri-state Elec-
tronics Assn. recommending cans `hatam
a board of TV
created to whom a cable customer
could go to for resolving com-
plaints and for City Council guid-
ance, and requesting that any rate
increase be deferred for the Cable
Company until the sign ce proves
tv
and Cable Comp
satisfactory, presented and read.
Mayor Thoms moved that the com-
lic h ati n he
be he d to
ae later
Pub-
lic hearing Councilman
date. Seconded b)'
Stackis. Carried by the following
t vote:
d Yeas--%layor 7'homs, Councilmen tackis
Carried
Brady, Justmann, Lundh,
Nays—None.
Communication of Local 94 UAW
Consumer Affairs Committee sug-
gesting ideas relative to a request
tis and requesting
Communication of Jay P. Kopp in raise of T ate officer from TV
requesting that the Hillcrest Or. that a corp the
ganization be restrained from ac- home. Office
further that therate
complishing their announced inten- meetng, be referred h the Iowa
tion of locating a Group Home for increase
442
Special Session, August 26, 1974
Commerce Commission, presented
and read. Mayor Thorns moved that
the communication be referred to
the public hearing to be held at a
later date. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Thorns, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Communication of Joe Roepsch
of 1091 I.oras objecting to the pro-
posed rate increase for TV, pre-
rented and read. Mayor Thorns
moved that the communication be
referred to the public hearing to
be held at a later date. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Thorns. Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Communication of Wartburg Theo-
logical Seminary objecting to the
idea that TV channel 10 is con-
sidering discontinuing of program-
ming here in the City as it would
mean a loss for expression for our
institutions, presented and read.
Mayor Thorns moved that. the com-
munication be referred to the pub-
lic hearing to be held at a later
date . Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Communleation of Miss Cath-
erine A. Schoofs objecting to the
Proposed entirely unjustified rate
increase for TV as requested, pre-
sented and read. Mayor Thorns
moved that the communication be
referred to the public hearing to
be held at a later date. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Thorns, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Communication of Miss Mary G.
Starr, 383 Locust Street, urging
the Council to refuse the Tele-
prompter Cable TV request for a
rate increase, presented and read.
Mayor Thorns moved that the com-
munication be referred to the pub-
lic hearing to be held at a later
date. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of J. A. McCul.
lough of 1022 Langworthy suggest-
ing that before a rate increase be
granted Cable TV, they shnuld im.
prove their service, presented and
read. Mayor Thorns moved that
the communication be referred to
the public hearing to be held at
it later date. Seconded by Council.
man Stackis. Carried by the follow.
ing vote:
Yeas—Mayor Thorns, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Communication of Gen Heath.
cote objecting to Teleprompter cur-
tailing of services at the same
time they are asking for at rate
increase, presented and read.
Mayor Thorns moved that the com-
munication be referred to the pub-
lic hearing to be held at a later
date. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Thorns. Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
August 23, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held a
public hearing on its proposal to
remove the Local Business "A"
zoning district classification from
properties in the vicinity of Ohio
Street, Drexel Avenue, Chaney
Road and Bristol Drive at their
intersection with Pennsylvania Av-
enue, and to classify such proper-
ties in the Multiple Residence
zone. The properties so considered
are described as follows:
Lots 1, 2, and 3 of Block 5 of
Rolling Ridge Subdivision No. 2
(Joseph and Caroline Sandman);
The West 40 feet of Lot 410 of
Lennox Addition (Margaret Casey
(life estate) and Donald and Dar-
lene Christ);
The East 70 feet of Lot 410, and
North % of Lot 409 all in Lennox
Addition (Donald and Darlene
Christ);
Lot 408 and the South 1 2 of Lot
409 all in Lennox Addition (Vin-
cent and Phyllis Rernakel);
Lot 3 of Block l of Mettal-Brooks
Addition (Arthur Wilherall);
Special Session, August 26, 1974
Lots 1 and 2 of Block 1 of
Mettel-Brooks Addition (Thomas
Voelker and 7homas l,uksetich);
Lot 2 of Lnt 1 of Lot 1; I.Ot 1
of Lot l of Lot 1; and Lot 2 of Lot
1, all in Block 1 of St. Anne's Sub.
division (Angelo and Anna Kerper).
All Above de<crihed property lo-
cated in the City of Dubuque, Iowa.
The Commission undertook con.
sideration of this matter at the
request of owner's of adjacent
residential property. Their peti-
tior.F, although addressed to the
Council, were received by the Com-
mission and are herewith transmit-
ted for your review.
In its initial work on a proposed
new zoning map in 1970 and 1971,
the Commission had determined
that commercial zoning in this area
was no longer appropriate in view
of the character and extent of
residential use on adjoining prop-
erties. The Commis ion has elected
to pursue such an amendment at
this time in deference to the re.
quest of neighborhood residents.
The Commission has unanimous-
ly reaffirmed its earlier decision to
remove the Local Business classi-
fication from the properties de-
scribed ahove, and has fur -her
recommended that the Multiple
Residence classification is more ap-
prupriate for fuvure development
in this area.
You should also note that the
petitions of Margaret A. Brewer
and 42 other residents of chancy
Road had requested that a portion
of the subject area known as the
Kerper property, be reclassified
to the Single Family Residence
District. In a separate but related
motion, the Commission has recom-
mended that this petition be de-
nied.
CITY PLANNING AND ZON1N(;
COMMISSION
Daniel Dittemore
Development Planner
Mayor Thoms moved that the
comrnunicatiun be received and
filed. Seconded by Councilman
Stackis. Carried by the followink
vote:
Yeas—:Mayor Thoms, Councilmer
Brady, Justmann, Lundh, Stackis.
'days—None.
AN ORDINANCE amending an(
changing Ordinance No. 3-34,
443
known as "The Zoning Ordinance
and Zoning map of the City of Du-
buque. Iowa" so as to change Lots
1, 2, and 3 of Block 5 of Rolling
Ridge Subdivision #'2; Lots 406,
409, and 410 of Lennox Addition:
Lots 1, 2. and 3 of Mettel-Brooks
Addition: and Lot 2 of Lot 1 of Lot
1, Lot I of I.nt 1 of IM 1, and
Lot 2 of Lot 1 all in Block 1 of
St. Anne's Subdivision in the City
of Dubuque, Iowa, from local busi-
ness "A" district classification to
multiple residence district classifi-
cation. presented and read. Mayor
Thorns moved that the reading just
had be considered the first read.
ing of the Ordinance. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas—Mayor Thorns, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays—None.
Mayor Thoms moved that the
rule requiring an Ordinance to
read on three separate days be
waived. Seconded by Councilman
Justmann. Carried by the follow-
ing Vote:
Nays --None.
Mayor Thoms moved that a pub-
lic hearing be held on the Ordi-
nance on September 23, 1973, at
7:30 o'clock P.M. in the Council
k. hamber at the City flail and that
the City Clerk be instructed to
publish notice of the hearing in the
manner required by law. S^conded
by Councilman Justmann. Carried
by the foliuwing vote:
Yeas—Mayor Thoms, Councilmen
Brady, Justmann, Lundh, Stackis.
Nays --None.
August 23. 1874
Honorable Nlayor and
Councilmen
The city of Dubuque Planning
and Zoning Commission has re-
viewed the petition of Mr. L. J.
Schiltz requesting reclassification
from Single Family Residence Dis-
trict to Multiple Residence District
property described as Lot 2.1.14 Of
the k:ast 42 of the Southwest 1/4 of
Section 21, 'Township 89 North,
Range 2 Fast of the 5th Principal
Meridian, in the City of Dubuque,
Iowa.
The (',jntmission had considered
this same request at its meeeting
of May 22, 1974 and had conducted
a public hearing on it at its meet-
ing of June 19, 1974. At that time,
444 Special Session, August 20, 1974
a quorum was present and it was
decided that the petition should
be denied. No official recommenda-
tion was transmitted to the Coun-
cil insofar as the earlier action
had been initiated within the Plan-
niig and Zoning Commission. Mr.
Schiltz reported that his most re-
cent petition was made in hopes
of gaining reconsideration of the
request by Commission members
who had been absent at the prior
public hearing and who would have
been more familiar with the under-
standings that Mr. Schiltz felt had
been reached with the Commission
at the time the Sunset Park No. 3
Subdivision had been proposed.
The Commission has reviewed its
decision of June 19th and has
found no sufficient basis for recon-
sideration of that earlier decision.
The City of Dubuque Planning and
Zoning Commission has voted
unanimously to sustain its recom-
mendation of June 19, 1974 that
the petition for Multiple Residence
classification on the subject prop-
erty be denied.
CITY PLANNING AND ZONING
COMMISSION
Daniel Ditemore
Development Planner
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—Councilman Lundh.
Leo McCarthy, attorney for
Schiltz development property, and
L. J. Schiltz addresed the Council
stating the density is less than al-
lowed under the zoning Ordinance.
Petition of Hempstead High
School requesting permission to
conduct a Homecoming Parade on
October 4, 1974, presented and
read. Mayor Thoms moved that the
petition be received and filed and
approved subject to the approval
of the City Manager. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Dubuque County for
suspension of taxes for Eleanor E,
and Donald G. Boettcher of 2685
Roosevelt Street for 1973 taxes and
I/2 of 1974, presented and read.
Mayor Thoms moved that the peti-
tion be received and filed and sus-
pension be approved. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Womens Club Art &
Craft Show by Mrs. Joe Bitter re-
questing that Alpine Street from
3rd to Melrose be closed to vehicu.
lar traffic to accommodate the
show in front of the Bissell resi-
dence on September 15th, present-
ed and read. Mayor Thoms moved
that the petition be referred to
the City Manager for proper pro-
ceedings. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Dennis Althaus, Fam-
ily Beer Store, requesting refund
of $150. on unexpired portion of
Class "B" Beer Permit No. B-0437,
presented and read. Mayor Thoms
moved that the refund be granted
and the City Auditor be directed
to issue proper warrant. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Suit of Margaret Sad-
ler in the amount of $20,000, for
personal injuries received as the
result of a fall on a defective side-
walk at 2500 Jackson Street, pre-
sented and read. Mayor Thoms
moved that the Notice be referred
to the City Solicitor for proper
proceedings. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Charles D.
Dillon, in the amount of $35.00 for
car damage incurred as the result
of striking a raised sewer cover
on Rosemount Street on August
14, 1974, presented and read.
Special Session, August 26, 1974 4-15
Mayor Thoms moved that the No.
tice be referred to iCity
ngsSolici-
for for proper P
Sec-
onded by Councilman Stackis. Car•
li
ried by the following vote:
Yeas ra Mayor Thoms,
Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
August 19, 1974
Honorable Mayor and
City Council
On July 8, 1974, Frank Timmer-
man, Builder and Remodeling,
8085 Oak Crest Drive, Dubuque,
filed claim against the City of
Dubuque, in the amount of $50.47,
and alleged that on July 6, 1974,
after unloading his truck.
rp
employee of the dump doped
doors from a loader striking his
truck and damaging same.
This matter was referred to the
appropriate City Agency who, on
April 16, 1974 advised the City
Attorney that said claim had been
amicably disposed of.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved recommen.
dation of denial be approved. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
recommendation of denial be ap-
proved. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
August 22, 1974
Honorable Mayor and
City Council
On August 7, 1974, Nabisco, Inc.,
filed claim against the City of
Dubuque claiming damages by a
vehicle owned by the City in the
amount of $247.04 plus loss of ve-
hicle at $24.00 for the two-day
period for repair of same in the
total amount of $271.04.
This matter was referred to the
appropriate City Agency for in-
vestigation and said Agency has
informed the City Attorney that
said claim has been amicably dis-
posed of.
In view of the foregoing, it is
the recommendation of the City
Attorney that said claim be denied.
Original claim is returned here.
with.
Mayor Thorns moved that the
August 20, 1974
Honorable Mayor and
City Council
On July 26, 1974, Leeann Lar-
sen, 863 West 5th, Dubuque, Iowa,
filed claim against the City of Du-
buque for body damages occurring
to the front end of her motor
vehicle on July 11, 1974 in the
amount of $62.83, and alleging said
damage resulted from a police-
man's pushing a suspect against
said vehicle.
This matter was referred to the
appropriate City Agency who made
an investigation thereof and re-
ported to the undersigned that
said matter had been amicably dis-
posed of. In view of the foregoing,
it is the recommendation of the
City Attorney that said claim be
denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved that the
recommendation of denial be ap-
proSkitaekis. Carried by . Seconded tCouncilman
hefollowing
vote:
Yeas — Mayor Thoma, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
August 19, 1974
Honorable Mayor and
City Council
Thomas M. Brimeyer, 1350 Cum-
mins Street, Dubuque, filed claim
against the City of Dubuque, on
April 17, 1973, in the sa du dam -
of
$400.00, and alleging
ages occurred to his motor vehicle
oApril g struck3b a as the
snowplow
off its being
allegedly owned by the City, or
rented by the City, while said ve-
hicle was parked on Loras BOule-
vard and Cummins Street.
This matter was referred to the
appropriate City Agency who made
investigation thereof and made re-
port to this office of no liability
on the part of the City.
446 Special Session, August 26, 1974
Accordingly, it is the recom-
mendation of the City Attorney
that said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thorns moved that the
recommendation of denial be ap
proved. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
August 19, 1974
Honorable Mayor and
City Council
On April 12, 1973, Donald C.
Gross, 1328 Jackson Street, Du-
buque, filed claim against the City
of Dubuque in. the amount of
$51.50 alleging said damages oc-
curred to his Toyota automobile
on April 9, 1973, as the result of
a City owned snowplow pushing
snow against and into the side of
said auto.
This matter was referred to the
appropriate City Agency who made
investigation thereof and made re-
port to this office of no liability
on the part of the City.
Accordingly, it is the recom-
mendation of the City Attorney
that said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thorns moved that the
recommendation of denial be ap-
proved. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 307-74
Authorizing the Execution of a
Contract with Paul T. Granlund
for the Downtown Urban Re-
n&wal Project, Iowa R-15
WHEREAS, the City of Dubuque,
under date of July 26, 1967, en-
tered into a Loan and Capital
Grant Contract with the United
States of America to provide finan-
cial aid to the City of Dubuque
under Title 1 of the Housing Act
of 1949, as amended to date; and
WHEREAS, pursuant to such
Contract, the City of Dubuque is
undertaking certain activities nec-
essary for the execution of the
Downtown Urban Renewal Project,
Iowa R-15; and
WHEREAS, the City Council of
the City of Dubuque under date of
June 11, 1973, adopted Resolution
No. 196.73, which determined that
an open competition would provide
a distinctive piece of sculpture for
installation in that section of the
Project Area designated as Town
Clock Plaza; and
WHEREAS, the City of Dubuque
in cooperation with the Dubuque
Art Association sponsored an open
competition and 34 entries from 28
individuals were received in re-
sponse to a public announcement
provided art schools, galleries, art-
ists, sculpturer and other appro-
priate individuals and groups; and
WHEREAS, on October 30, 1973,
a jury composed of Clarence Alling,
Ron Bowen and Charles Mosher
selected an entry entitled "Conti-
nuum" submitted by Paul T. Gran-
lund as the most suitable piece for
installation in the Project Area;
and
WHEREAS, Paul T. Granlund
submitted a proposal for the de-
sign, fabrication and installation
in accordance with the terms and
conditions set forth in the public
announcement; and
WHEREAS, the United States
Department of Housing and Urban
Development having been fully ap-
prised of the competition, has con-
curred in the contract documents,
the proposed artist and the design
chosen by the judges; now there-
fore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, Iowa:
S90ion 1. That the City Manager
be and he is hereby authorized and
directed to enter into a contract
with Paul T. Granlund for the de-
sign, fabrication and installation
of a piece of sculpture entitled
"Continuum" in the Downtown Ur-
ban Renewal Project, Iowa R-15, at
a cost not to exceed $27,000.
Passed, approved, and adopted
this 26th day of August, 1974.
Special Session, August26, 1974 447
Allan T. Thoms
Dlayor
C. Robert Justmann
Emil Stackis
Alvin E. I undh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thom- moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the
following vote:
Yeas — Mayor 'Thorns, Cozened
men Justmann, L.undh, Stackis.
Nays—Councilman Brady.
Allan T. Thems
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest.:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun:
cilman Lundh. Carried by the fol-
lowing vote:
Yeas -- Mayor Thom$, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—
RNone.
ESOLUTION NO. 308.74 RESOLUTION N0. 3G9-74
WIiF,RF.AS, there has been de
livered to the City Council of the Resolution calling an election un
City of Dubuque, Iowa a Quit Claim the proposition of issuing bonds
Deed conveying by R. & S. Enter to an amount not exceeding
prises. Inc., an Iowa Corporation. $2,500,000 for a recreation build -
the following described parcel of ing•
real estate to the City of Dubuque. WI1E.REAS the Ctiy of Dubuque,
Iowa, to -wit: Iowa, in Dubuque County, low&.
Southerly eight and three-quarter has heretofore established play.
inches (sly. 8% inches) of the grounds and a recreation center as
Easterly fifty-three feet. eight provided by law and, pursuant to
and three-quarter inches (el -y. 53 authority contained in Section
feet 81a inches) of Lot three (3) 377.2 of the Cade of Iowa, 1973.
of Block six (6) in "DUBUQUE as amended, the City Council of
Downtown Plaza" in the City of said City has heretofore by ordi-
Dubuque. Iowa; nance created a playground and
and; recreation commission; and
delivery of deed should be ap- WHEREAS the playground and
proved and accepted. recreation commission of said City
NOW THEREFORE BE IT RE- has recommended that lands be
SOLVED BY THE CITY COUNCIL acquired and that a recreation
building be established, construct -
IO THE CITY OF DUBUQUE, ed and equipped thereon in said
construct -
IOWA: City and that an indebtedness be
Section 1. That the delivery of incurred and bonds of said Citv
Boit Claim heed of R. & S Enter- be issued in the amount of
prises, Inc., an Iowa Corporation, $2,500.0(1(► for the purpose of ac -
conveying to the City of Dubuque, quiring the necessary lands and
Iowa the hereinabove described constructing and equipping said
real estate be and the same is here- building; and
by approved and accepted. WHEREAS it is deemed neces-
Section 2 That the City Clerk be sary and advisable that the City
and he is hereby authorized and of Dubuque, Iowa, acquire lands
directed to record said Quit Claim and estabilsh, construct and equip
Deed in the office of the Recorder a recreation building thereon in
in and for Dubuque County, Iowa. said City, but it is first necessary
that this prop be submitted
Section 3. That the City Treasur- to and approved by the voters
er be and he is hereby authorized of said City, all as contemplated
to draw warrant payable to R. & and provided by Section 377.1 of
S. Enterprises, Inc. in the amount the Code of Iowa, 1973, as amend -
of Ninety-eight and 55 100 1$98.55+
in payment of said parcel of real ed; and
WHEREAS a petition has been
estate. Council re -
Passed, approved and adopted filed vlth this City
this 26th day of August, 1974. questing that 8 special election be
498 Special Session, August 26, 1974
called to submit to the voters of
the City of Dubuque, Iowa, the
question of acquiring lands :.gid
establishing, constructing a n d
equipping a recreation building
thereon in said City and of in-
curring indebtedness and issuing
bonds for such purpose not ex-
ceeding $2,500,000, all as contem-
plated by Chapter 407 of the Code
of Iowa, 1973, as amended; and
WHEREAS said petition is sign-
ed by qualified electors of said
City equal in number to more than
twenty-five per cent of those who
voted at the last regular municipal
election in said City and said
petition is in all respects sufficient
and complies with the provisions of
Section 407.6 of the Code of Iowa,
1973, as amended, and this City
Council has jurisdiction thereof
and the request therein set forth
should be granted; and
WHEREAS it is deemed neces-
sary and advisable that said City
of Dubuque, Iowa, acquire lands
and establish. construct and equip
recreation building thereon in said
City and incur indebtedness and
issue bonds in the amount of
$2,500.000 for this purpose, but it
is first necessary that this proposi-
tion also be submitted to the vot-
ers as required by Chapter 407 of
the Code of Iowa, 1973, as amend-
ed; and
WHEREAS under the provisions
of Section 47.2 of the Code of Iowa,
1973, as amended, the County Com-
missioner of Elections is charged
with the responsibility of conduct.
ing all elections within the County
and this Council has consulted
twith said Commissioner regard-
ing the date on which the election
may most conveniently be held
and it has been agreed that the
24th day of September, 1974, is a
suitable date for conducting said
election; and
WHEREAS registration of voters
is required for elections held in
said City;
NOW, THEREFORE, Be It Re.
solved by the City Council of the
City of Dubuque, Iowa, as fol-
lows:
Section 1. That a special munici.
pal election is hereby called and
ordered to be held in and for
said City of Dubuque, Iowa, on
the 24th day of September, 1974,
at which there shall be submitted
to -the voters of said City the prop-
osition of acquiring lands and es.
tablishing, constructing and equip.
ping a recreation building thereon
in said City, and the proposition of
acquiring lands and establishing,
constructing and equipping a rec-
reation building thereon in said
City and contracting indebtedness
for such purpose not exceeding
$2,500,000 and issuing bonds for
such purpose not exceeding $2,500,-
000 and levying a tax annually
upon the taxable property in said
City not exceeding three and one.
half mills per annum for the pay-
ment of such bonds and the in.
terest thereon.
77
Section 2. For said election on
said propositions the City shall
be divided into twenty-five election
precincts, the boundaries of which
shall be as delimited by Ordinance
No. 28-72 of said City. The polls
shall be kept open from seven
o'clock in the morning until eight
o'clock in the evening, and the
pulling places within the respective
election precincts shall be as fol-
lows:
Voting
Precincts Polling Places
1st Marshall School
1450 Rhomberg Avenue
2nd Dubuque County Court-
house
720 Central Avenue
3rd Sacred Heart School
2211 Queen Street
4th Christensen's Greenhouse
2635 Windsor Avenue
51,h Holy Ghost School
2901 Central Avenue
6th Fulton School
2540 Central Avenue
7th Audubon School
535 Lincoln Avenue
8th Fire Station
West Eighteenth and Cen-
tral Avenue
9th Amalgamated Meat Cutters
Union Building
1111 Bluff Street
10th Mercy Hospital Nurses Home
252 Peabody Street
11th Bryant School
1280 Rush Street
12th YMCA
Dodge Street and Booth
Street
13th
14th
15th
16th
17th
18th
19th
20th
21st
22nd
23rd
24th
25th
Special Session, August 26, 1974 449
Washington Junior High
School
51 North Grandview Avenue 1
Fire Station No. 4
University Avenue and At-
lantic Street
Lincoln School
1101 West Fifth Street
Jackson School
715 West Locust Street
Dubuque Senior High School
1800 Clarke Drive
Irving; School
2520 Pennsylvania Avenue
Kennedy School
2135 Woodland Drive
Hemptsead High School
3715 Pennsylvania Avenue
Eisenhower School
3170 Spring Valley Road
Wahlert High School
2005 Kane Street
Wahlert High School
2005 Kane Street
No. 5 Engine House
689 South Grandview Avenue
St. Elias The Prophet Greek
Orthodox Church
1075 Rockdale Road
said City, to be by them voted
upon, the proposition of acquiring
lands and e0abli.-hing, constructing
and equipping a recreation build-
ing thereon in said City, and
the proposition of acquiring lands
and establishing, constructing and
equipping a recreation building
thereon in said City and contract-
ing indebtedness for such purpose
not exceeding $2,500.000. issuing
bonds of said City for such pur-
pose not exceeding $2,500,000, and
levying a tax on all taxable prop-
erty in said City at the rate of not
exceeding three and one-half mills
per annum for the payment of such
bonds and the interest thereon.
At said election voting machines
will be used for the submission
of the aforesaid propositions and
ballots prepared therefor will have
the propositions printed thereon
in substantially the following form:
(Notice to Voters: For an affirma-
tive vote on any question sub-
mitted upon this ballot, pull
down the lever above the word
"Yes." For a negative vote pull
dthe lever above the word
own
Section 3. That as required and . own
provided for by Sections 407.7 and
407.8 of the Code of Iowa, 1973. SHALL THE FOLLOWING
as amended, the County Commis- PUBLIC MEASURE BE
sioner of Elections is hereby au. ADOPTED? YES NO
thorized, empowered and instructed Shall the City of Dubuque, low&,
to issue a proclamation and notice acquire lands and establish, con.
of election on said propo. itions and struct and equip & recreation
of the time and places thereof, by building thereon in said City?
publication of such notice in the SHALL THE FOLLOWING
"Telegraph -Herald," a legal news- PUBLIC MEASURE BE
paper published in said City Of ADOPTED? YES NO
Dubuque, Iowa, and of general cir• Shall the City of Dubuque, Iowa,
eulation therein. Such notice shall acquire lands and establish, con -
be published in said newspaper struct and equip a receration
once each week for at least three building thereon in said City
consecutive weeks and on the same and contract indebtedness for
day of each week, and the last of such purpose not exceeding
n.
such publications shall be not less $2,500,000 and levy a tax ,
than five nor more than twenty nually upon the taxable prop,
days before the date fixed for said erty in said City of Dubuque not
election. Such notice shall be in exceeding three and one-half
substantailly the following form: mill per annum for the payment
NOTICE OF SPECIAL ELECTION of such bonds and the interest
ON RECREATION BUILDING thereon?
PROPOSITIONS will be
DUBUQUE, IOWA For said election the
etyelection
PUBLIC NOTICE is hereby given divided into twenty
that a special city election has precincts, the boundaries of which
shall be as delimited. by Ordinance
been called and ordered to be do 28 72 of said Cty. The Polls
held in the City of Ihabuyue, Iowa, µill be kept open from seven
on the
4th day of w eptember, o'cloc•k in the morning until eight
974
—;it CA to the qualified voters of o'clock in the evening, and the
450 Special Session, August 26, 1974
polling places within the respec-
tive
election precincts will be as
follows:
Voting
Precincts
Polling Places
lit
Marshall School
1450 Rhomberg Avenue
2nd
Dubuque County Courthouse
720 Central Avenue
3rd
Sacred Heart School
2211 Queen Street
4th
Christensen's Greenhouse
2635 Windsor Avenue
5th
Holy Ghost School
2901 Central Avenue
6th
Fulton School
2540 Central Avenue
7th
Audubon School
535 Lincoln Avenue
8th
Fire Station
West Eighteeenth Street and
Central Avenue
9th
Amalgamated Bleat Cutters
Union Building
1111 Bluff Street
10th
Mercy Hospital Nurses Home
252 Peabody Street
11th
Bryant School
1280 Rush Street
12th
YMCA
Dodge Street and Booth
Street
13th
Washington Junior High
School
51 North Grandview Avenue
14th
Fire Station No. 4
University Avenue and
Atlantic Street
15th
Lincoln School
1101 West Fifth Street
16th
Jackson School
715 West Locust Street
17th
Dubuque Senior High School
1800 Clarke Drive
18th
Irving School
2520 Pennsylvania Avenue
19th
Kennedy School
2135 Woodland Drive
20th
Hempstead High School
3715 Pennsylvania Avenue
21st
Eisenhower School
3170 Spring Valley Road
22nd
Wahlert, High School
2005 Kane Street
23rd
Wahlert High School
2005 Kane Street
24th
No. 5 Engine House
689 South Grandview Avenue
25th
St. Elias The Prophet Greek
Orthodox Church
1075 Rockdale Road
All
qualified voters of said City
are hereby notified to appear at
said election, each to vote at the
polling place for the election pre.
cinct in which such voter resides,
or as permitted by statute.
This notice is given by order of
the City Council of the City of Du.
buque, Iowa, and the County Com-
missioner of Elections, pursuant
to Chapters 47, 49 and 407 of the
Code of Iowa, 1973, as amended,
and to a sufficent petition with the
requisite signatures in accordance
therewith.
DATED at Dubuque, Iowa, this
26th day of August, 1974.
Harold P. Meloy
County Commissioner of Flections
Attest:
Leo F. Frommelt
City Clerk
Section 4, That voting machines
shall be used for said election and
the County Commissioner of Elec-
tions is authorized and directed to
cause ballots for voting on said
propositions to be prepared in such
size as will permit the same to be
inserted in the proper place in
each voting machine in substantial-
ly the following form:
(Notice to Voters: For an affirma-
tive vote on any question sub-
mitted upon this ballot, pull down
the lever above the word "Yes,"
For a negative vote pull down
the lever above the word "No.")
SHALL THE FOLLOWING
PUBLIC MEASURE BE
ADOPTED? YES NO
Shall the City of Dubuaue, Iowa,
acquire lands and establish, cam
struct and equip a recreation
building thereon in said City?
SHALL THE FOLLOWING
PUBLIC MEASURE BE
ADOPTED? YES NO
Shall the City of Dubuque, Iowa,
acquire lands and establish, con-
struct and equip a recreation
building thereon in said City and
contract indebtedness for such
purpose not exceeding $2,500,000
and issue bonds for such purpose
not exceeding $2,500,000 and levy
a tax annually upon the taxable
property in said City of Dubuque
not exceeding three and one-half
mills per annum for the payment
of such bonds and the interest
thereon?
The County Commissioner of
Elections is authorized and direct-
ed to have the ballots for absent
Special Session, August 26, 1974 451
voters prepared on yellow colored
paper in substantially the follow-
ing form, and with the facsimile
signatures of the County Commis
sioner of Elections and the City
Clerk in the spaces, provided there-
for on the back of the ballots:
(Face of Ballotl
Notice to Voters: For an
affirms-
live b-
1vote on any question
milted upon this ballot make a
cross (X) mark or check (' ) in
the square after the word "Yes."
For a negative vote make a simi-
lar mark in the square following
the word "Ido.")
SHALL THE FOLLOWING PU6-
LIC MEASURE BE ADOPTED?
Shall the City of Dubuque, Iowa,
acquire lands and establish, con-
struct and equip a recreation
building thereon in said City?
YES n
NO 1-1
Shall the City of Dubuque, Iowa,
acquire lands and establish, con-
struct and equip a recreation
building thereon in said City and
contract indebtedness for such
purpose not exceeding $2,500,000
and issue bonds for such purpose
not exceeding $2,500,000 and levy
a tax annually upon the taxable
property in said City of Du-
buque not exceeding three and
one-half mills per annum for
the payment of such bonds and
the interest thereon?
YES ❑
NO ❑
(Back of Ball(K)
Official Absent Voters Ballot for
Recreation Building Propoistions
Special Election, Dubuque, Iowa
September 24, 1974.
(Facsimile Signature)
County Commissioner of Elections
Attest:
(Facsimilie Signature)
City Clerk
Section S. That for said election
the Judges and Clerks of election
in the respective election precincts
shall be appointed by the County
Commissioner of Elections as re-
quired by Section 49.13 of the
Code of Iowa, 1973, as amended.
Section 6. That upon the closing
of the polls for said election the
Judges and Clerks therefor shall
file reports of the results of the,
vote on said propositions with the
County Commissioner of Elections
in order that such results may be.
referred to the County Board of
Supervisors at its meeting to be
held on the next. '.Monday after
said election at the County Court-
house, Dubuque, Iowa, at 9:00
o'clock A.M. for the purpose of
canvassing and declaring the re-
,,ults of said election, as required
and provided for by Section 50.24
of the Code of Iowa, 1973, as
amended.
Section 7. That all resolutions or
parts thereof in conflict herewith
he and the same are hereby re-
pealed.
Section 8. That this resolution be
in force and effect immediately
upon its passage and approval.
Passed and approved August 26,
1974.
Allan T. Thoms
Mayor
4 ttest:
Leo F. Frommelt
City Clerk
Recorded August 26, 1974.
Leo F. Frommelt
City Clerk
Councilman Brady moved to
amend the resolution for consid-
eration to date of October 5th.
1140TfON DIEL) FOR LACK OF
SECOND.
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh. Stackis.
Nays__Councilman Brady.
RESOLUTION NO. 310.74
WHEREAS, applications for Liq-
uor Licenses have been subro all itted
s d
to this Council for app
the same have examined,
R><
NOW THEREFORE
SOLVED by the City Council of the
City of TDub Iowa, thFA the
approved
following applications the approved
and licenses issued upon
com-
pliance with the provisions of Chap-
ter 131, Acts of the First Regular
Session, Wth General Assembly.
CLASS „C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
David C. Schmitz, dba The Hearth
5()'I Bluff Street and approved
Passed, adopted
this 26th day of August 1974.
452 Special Session, August 26, 1974
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
RESOLUTION NO. 311-74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City Ordi-
nances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License,
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
David C. Schmitz, dba The Hearth,
504 Bluff Street
Passed, adopted and approved
this 26th day of August 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays —None.
RESOLUTION NO. 312-74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW 714EREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant,
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "B" BEER PERMIT
Emma Margaret Scherer, 1175 Iowa
Street
CLASS "C" BEER PERMIT
Randalls Foodarama, 2600 Dodge
Street
Dubuque Packing Company, 701
East 16th Street
Passed, adopted and approved
this 26th day of August 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F'Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 313.74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the Ordinances of this City and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
Emma Margaret Scherer, 1175 lova
Street
CLASS "C" BEER PERMIT
Itandalls Foodarama, 2600 Dodge
Street
Dubuque Packing Company, 701
East 16th Street.
Spacial Session, August 26, 1974 153
Passed, adopted and approved
this 26th day of August 1974.
Allan T. Thoms
Mayor
James E. Brady
('. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
ing Commission. Councilman Brady
seconded the motion. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
Attest:
Leo F. Frommch
City Clerk
Mayor Thoms move adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol.
lowing vote:
yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
Petition of Jim Furry, et al, re-
questing permission to use the old
Naval Reserve Building for in-
door sports, presented and read.
Mayor Thoms moved that the
petition be referred to the Youth
Services and Recreation Commis-
sion for investigation and report.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas .-- Mayor Thoms. Council
man Brady, Justmann, Lundh,
Stackis.
Nays—None.
At 10:05 Mayor Thoms moved to
go into Executive Session to dis-
cuss appointments to various
Boards and Commissions. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
' Stackis.
Nays—None.
At 10:13 P.M. Council recon-
vened in regular session and Mayor
Thoms moved the following ap-
pointments: David Wahlert, Burton
Payne and Helen McLaughlin be
reappointed to the Citizens Trans-
portation Committee for 3 years
term expiring August 20, 1977;
George Glynn appointed to the
Advisory Commission for 3 years
term expiring June 1, 1977: and
Donald Meyers and Virginia Perry
be reappointed to Low -Rent Hous-
ing Commission for 2 years term
expiring August 17. 1976, with
Donald Meyers being appointed
Chairman of the Low -Rent Hous-
RESOLUTION NO. 314-74
Confirming the Appointment of
Members of the Low -Rent Hous-
ing Commission of the City of
Dubuque, Iowa
WHEREAS, on the 17th dray of
August, 1970, the City Council of
the City of Dubuque, Iowa adopt-
ed Resolution No. 24470, electing
to exercise the powers contained
in Chapter 403A of the Iowa Code
of 1966, as amended, by the City
Council of the City of Dubuque,
Iowa, and by said Ctiy Council
through a Board of Commissioners
to the extent of the authority
granted said Board by said City
Council; and
WEEREAS, on the 1st day of
February, 1971, the City Council
of the City of Dubuque, Iowa,
adopted Resolution No. 36-71
amending said Resolution No. 244-
70
4470 increasing said Board of Com-
missioners from five to seven mem-
bers; and
WHEREAS, the Mayor of the
City of Dubuque, pursuant to said
Resolution No. 244-70 and to Resp.
iution No. 36-71 has appointed
members to the Low -Rent Housing
Commission of the City of Du-
buque; now therefore
13E IT RESOLVED BY THE CIT]'
COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the action of the
Mayor of the City of Dubuque,
Iowa, in appointing
Donald R. Meyers to August 17,
1976
Virginia M. Perry to August 17,
1976
as Commissioners of the Low -Rent
Housing Commission of the City ed
Of
Dubuque, Iowa,tment ofis ysaid Com -
and the. s i confirmed by
missioners is hereby
this City Council for the period
designated in the Certificate of
Appointment of Commissioners
tu)w on file in the office of the
City Clerk.
454 Special Session, August 26, 1974
Passed, approved and adopted
this 26th day of August 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
There being no further business,
Mayor Thoms moved that the meet-
ing be adjourned. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
Leo F. Frommelt
City Clerk
Approved December 23 1974
Adopted December 23 1974
Replar Session, September 2 1974
CITY COUNCIL
OFFICIAL
Regular Session, September 2,
1974.
No members of the Council being
present the meeting was adjourned
subject to call.
Leo F. Frommelt
City Clerk
Adopted January 13 1975
Approved January 13 1975
456 Adjourned Regular Session, September 3, 1974
CITY COUNCIL
OFFICIAL
Adjourned Regular Session, Sep-
tember 3, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present—Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this is An
Adjourned Meeting of the Regular
Meeting of September 2, 1974,
called for the purpose of acting
upon such business as may prop-
erly come before the meeting.
Mayor Thorns read and signed
a proclamation, proclaiming the
week of September 1 thru 7, 1974,
as Dubuque Symphony Week.
August 29, 1974
To the Honorable Mayor
and City Council
Re: Development Program,
Sanitary Landfill
The consulting firms of Henning -
son, Durham and Richardson and
Cullen, Kilby, Carolan and Associ-
ates have completed their supple-
mental engineering report on Solid
Waste Disposal Facilities.
The Consultants and the Landfill
Technical Committee have com-
pleted a thorough and comprehen-
sive study of these specific sites
in accordance with your directions.
Attached hereto, is a copy of a
drafted Resolution which may be
an appropriate course of action in
the further development of this
program.
The drafted Resolution would
accomplish the following:
1. Approve the proposed site as
recommended by the staff and the
consultants.
2. Direct the Manager and staff
to proceed with the permit appli-
cation to the State, secure the re-
view and approval of the County
Board of Supervisors and the Du-
buque Area Council of Govern-
ments, and authorize the City At-
torney to proceed with eminent
domain proceedings subject to the
receipt of preliminary state ap-
proval.
The staff and the consultants are
prepared to make a formal pre-
sentation at the Council Session of
September 3, 1974. The Dubuque
County Supervisors and the Du-
buque Area Council of Govern-
ments have been invited to be
In attendance.
We would respectfully request
your consideration of the attached
Resolution at this regular session
of the City Council.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved that
the communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
Councilman Lundh moved to sus-
pend the rules to let anyone pres-
ent address the Council if they
so desire. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Consultant Frank Borchardt of
Henningson, Durham & Richard-
son (HD&R) addressed the Council
advising of three landfill site pos-
sibilities under consideration; Mu-
ipal Airport, the Dave Waller
And the Jack Gantz Farm,
both West of town on Highway
#e20. Mr. Borchardt pointed out
that after issues of Access, Waste
Centroid, Haul Distance, Safety,
Urbanization, Zoning, Visual, Own-
ership, Life of Site, Operation,
Waste Volume, Site Obstruction,
Drainage, and Geology had all
been considered, the Gantz Farm
was the better landfill site of the
three. Mr. Borchardt also stated
estimated Total Annual Disposal
Costs were: Airport -4257,150.;
Waller Farm—$272,595.; Gantz
Farm -4260,768., and estimated
Total Annual Haul Costs were:
Airport --$891,060.; Waller Farm—
$508,920.; Gantz Farm—$506,920.
Total of Acres available were: Air-
port -119 acres; Waller Farm -
81.5 acres; Gantz Farm -92 acres.
RESOLUTION NO. 315-74
WHEREAS, the City of Dubuque
has, through an order of the Iowa
State Department of Environmen-
tal Quality, until July 1, 1975 to
Adjourned Regular Session, September 3, 1974 457
acquire and be operating on an ap-
proved Sanitary Landfill; and
WHERFAS. the City of Dubuque
has placed on file with the Iowa
State Department of Environmen-
tal Quality, Solid Waste Division a
preliminary plan to secure and de-
velop said Sanitary Landfill; and
W'HFIIEAS, the firm of Ilen-
ningson, Durham and Richardson
have prepared and submitted to
the City of Dubuque a detailed stu-
dy and supplemental report on
specific sites for a Sanitary Land-
fill and included in said reports
a recommendation to secure the
necessary approvals to utilize the
Gantr- site as the proposed Sani-
tary Landfill for Dubuque County;
and
WHEREAS, the City Manager
and Technical Committee: concur
with the consultants recommenda-
tion.
Now, therefore, be it resolved
by the City Council of the City of
Dubuque, Iowa; that the Gantz site
is hereby approved as a proposed
Sanitary Landfill site and that the
Manager and staff are hereby di-
rected as follows:
1. To proceed with the neces-
sary documentation to apply to
the Iowa State Department of En.
,dronmental Quality for permit ap-
proval of this proposed site.
2. To request the concurrence of
the heretofore described site and
adoption of an appropriate Reso.
lution by the Dubuque County
Area Council of Governments and
the Dubuque County hoard of Su-
pervisors.
3. That subject to the receipt of
preliminary approval on the per-
mit application by the Iowa State
Department of Environmental Qua-
lity, that the City Manager take
whatever steps are necessary and
incidental to implementation of
Sanitary landfill acquisition, the
real estate thereof being legally
described as follows:
E'N. SEV4, NEY4 Section l
T88N, RIE, 5 P.M. in Vernon Town-
ship, NEI/4, NWY4, Section 8
T88N, R2E, 5 P.M. Lot 1 SEY4
NW'/4, Section 6, 1188N, R2E,
P.M. NW I/4 , NW' •i , Section 6
Tfi8N, RBE, 5 P.M. and SW1/4
NW (4, Section 6. T88N, R2E,
P.M., in Table Mound Township
all in Dubuque County.
4. Further that the City Attor
ney of the City of Dubuque be
and i; hereby ordered to institute
eminent domain proceedings forth-
with and directed to do any and
all things necessary and incidem
ial to said eminent domain pro-
ceedings.
Passed, adopted and approved
this 3rd day of September. 1974.
Allan T. Thorns
Mayor
.lames E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
Pity Clerk
Councilman Justmann moved
adoption of the Resolution. Se-
conded by Councilman Lundh. Car-
ried by the following vote:
yeas — Mayor Thoms, Council-
men Brady, Jusunann, Lundh,
Stackis,
Nays — None.
COUNCIL recused at 8:15 P.M
to give Area Council of Govern-
ment (AGOG) Group an opportuni-
ty to consider the proposal of the
Gantt Farm for landfill site.
COUNCIL RECONV&NED IN R&
GULAR SESSION AT 8:27 P.M.
Communication of Area Residen.
tial Gare submitting a revised list
of the different types of work
they can do in their workshop,
presented and read. Mayor Thoms
moved that the communication be
referred to the Purchasing De-
partment. Seconded by Council-
man .lu.tmann. Carried by the fol
lowing vote:
Yeas — Mayor T'homs,
men Brady, Justmann, Lundh,
SiWcki+.
NayF — None.
Communication of Dubuque Fe-
deration of Labor advising e1
that
S,:ptember 2nd tiro
m h has been designated as Union
Label Week by AI''LrClo and re-
questing the Mayor to sign pro-
clamation, presented and read. Ma-
yor '1'huros moved that ,the com-
5 munication be received and filed.
Seconded by Councilman Stackis•
Carried by the following vote:
5 Yeas -- Mayor Thorns, Counril
men Brady, Justmann, Lundh,
Stackis.
Nuys -- 'gone.
458 Adjourned Regular Session, September 3, 1974
Public Notice of U.S. Environ-
mental Protection Agency advis-
ing that Deere & Co. have applied
for authorization to discharge in
the Mississippi & Little Maquoketa
Rivers, permit does not approve
a new or additional discharge, pre-
sented and read. Mayor Thoms
moved that the Notice be referred
to the City Manager, Engineering
Department and Health Depart-
ment. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of East Central
Intergovernmental Assn. taking in-
ventory of status of flood insur-
ance applications for participation
in our region; checking if com-
munities intent to apply; and if
assistance is desired in making ap-
plications, presented and read.
Councilman Brady moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Mrs. Ed We-
ber and family thanking Council
and Staff on expressions of sym-
pathy on the recent death of her
husband, employee of the City,
presented and read. Mayor Thoms
moved that the communication be
received and filed. Seconded by
Councilman Lundh, Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Councilman
Justmann requesting Council and
Staff to join with him to produce
information of Sanitary Sewers,
storm sewer & sanitary sewer sys-
tem connections, and storm sewer
discharge into River in 4th Street
Peninsula area, presented and
read. Mayor Thoms moved than
the communication be referred to
Engineering Department and Plan-
ning Staff for investigation and
report. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Dave Cle-
mens, Chariman of Advisory Com-
mission reporting on their meet.
ing of August 27, 1974, presented
and read.
Dave Clemens addressed the
Council, giving an oral report of
that meeting. Councilman Stackis
moved that the communication be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
August 27, 1974
Honorable Mayor
and City Council
On August 8. 1974, Doris Sue
Churchhill, 2539 Traut Terrace, Du-
buque, filed claim against the City
of Dubuque, in the estimated
amount of $337.55, alleging da-
mages to her motor vehicle on
June 20, 1974, and claiming said
damages occurred as the result of
tree limbs being blown on said
vehicle.
This makter was referred to
the appropriate City Agency who
has made investigation thereof and
on August 23, 1974, reported to
the City Attorney's office of no
liability on the part of the City.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved that the
recommendation of denial be ap-
proved. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Notice of Claim of Claribel Hut-
ton, in an undetermined amount,
for personal injuries received in a
fall on a defective sidewalk at 1105
Locust St. on July 28, 1974, pre-
Adjourned Regular Session September
3, 1974 459
rented and read. Mayor Thorns
moved that the Notice be referred
to the City Solicitor for proper
proceeding`- Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Notice of Claim of Mrs. Arthur
M. Boardman, in an undetermined
amount, for personal injuries re-
ceiv d in a fall on a defective side-
walk at northwest corner
of Egel-
hofs on July 26 1974, presented
and read. Mayor Thorns moved
that the Notice be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh, I
Stackis.
Nays — None.
Notice of Suit of Tatiana
O'Rourke vs. Monte Carlo Restau-
rant and City of Dubuque in the
amount of $20,000. for personal in-
juries received in a fall on a de-
fective sidewalk at :378 Main St.
on May 27, 1974, presented and
read. Mayor Thongs moved that
the Notice be referred to the City
Solicitor for proper proceedings.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas -- Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Notice of Claim of Mike Wilson,
in amount of $50. for motorcycle
damages incurred while being
towed by police on August, 22,
1974, presented and read. Mayor
Thoms moved that the Notice be
referred to the City Solicitor for
proper proceedings. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh
Stackis,
Nays — None.
ORDINANCE NO. 53-74
An Ordinance for the vacation
and sale of that portion of an
alley at the extreme west end of
Cherry Street and running north
from the N.P.L. of Cherry Street
to the S.P.L. of the lst alley
scuth of Green Street and abutt-
ing Lot 1 of Lot 208 of Finley's
Addition (Herbert Heitsman),
having been previously read on Ju-
ly 8, 1974, and August 5, 1974, pre-
sented for final adoption.
ORDINANCE NO. 53.74
An Ordinance for the vacation and
sale of that portion of an alley at the
extreme west end of Cherry Street and
running north from the N.P.L. of Cherry
Street to the S.P.L. of the Ist alley
south of Green Street and abutting Lot I
of Lot 208 of Finley's Addition.
WHEREAS, Mr. Herbert F. Heitz -
man, 2475 Cherry Street, Dubuque,
Iowa, has petitioned the City Council of
the City of Dubuque, Iowa for the vaca-
tion of alley at the extreme west end of
Cherry Street running north from the
N.P.L. of Cherry to the S.P.L. of the
1st alley south of Green Street in the
City of Dubuque, Iowa, and for the pur-
chase of said vacated portion of alley by
Mr. Herbert F. Heitzman; and
WHEREAS, the Planning and 'Zoning
Commission of the City of Dubuque,
Iowa Inas recommended the vacation of
said alley: and
WHEREAS, the City Council of the
I City of Dubuque, Iowa, determines that
said alley should be vacated and disposi-
tion of same to the petitioner should be
approved subiect to the terms and eon-
ditions hereinafter set out:
NOW, THEREFORE, BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION 1. That the portion of the
aIle), at the extreme end of Cherry
Street in Dubuque, Iowa, running
1 from the N.P.L. of Cherry Street to
i the S.P.L. of the lit alley south of
i Green Street abutting Lot I of I.ot
tog of Finlev.3 Addition be and the
same is hereby vacated, and the
i sale thereof to Mr. Herbert Heima
he and the same is hereby approved.
SECTION i. That the city Clerk be
and he is hereby directed to publish
i notice of intent to dispose of said va-
cated portion of alley to Mr.0f Herbert
F. }{citzrnan for the sum urvc2D and
and costs of publication. Y
any platting costs, subiect to all exist-
ing utility easements and that no ab-
stract will be furnished and casnvey-
all be quit claim
ancc all this 3rd
Passed, adopted and appr
day of September,1974.
1 T 4 Thom,
Mayor
C Robert Justmann
james E. Brady
Emil Stackis
Alvin E, Lundh
Councilmen
Attest:
I co F. Frommelt
City Clerk
480 Adjourned Regular Session, September 3, 1974
Published officially in the Telegraph
Herald Newspaper this 17th day of Sep-
tember, P74.
Leo F. Frotnmelt
City Clerk
It. 9-17
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 316.74
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing published in
the Telegraph Herald, a newspa-
per of general circulation publish-
ed in the City of Dubuque, Iowa,
on June 11, 1974 and June 18,
1974, City Council of the City of
Dubuque, Iowa, met on the 5th day
of August, 1974. at 7:30 o'clock
I.M. (Central Daylight Savings
Time) in the City Council Chamb-
ers, City Hall, Dubuque, Iowa, to
consider proposal to dispose of in-
terest of the City of Dubuque, Io
via, in real estate, hereinafter de-
scribed, to Herbert Heitzman; and
WHEREAS, City Council of the
City of Dubuque, Iowa, overruled
any and all objections, oral or writ-
ten, to the proposal to dispose of
interest of City of Dubuque, Iowa,
in the hereinafter described real
estate to Herbert Heitzman:
NOW THEREFORE BE 17' RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the disposal of
interest of City of Dubuque, Iowa,
in the following described real es-
tate, lo -wit:
That vacated portion of the al-
ley running from the North Pro-
perty Line of Cherry Street to
the South Property Line of the
1st alley south of Green Street,
abutting Lot I of Lot 208 of
Finley's Addition in the City of
Dubuque, Iowa, subject to all
existing utility easments,
to Herbert Heitzman for the pur-
chase price of Two Hundred ($200.)
Dollars, plus costs of publication,
survey and any platting costs, sub.
ject to all existing utility ease-
ments and that no abstract will be
furnished and conveyance shall be
by Quit Claim Deed, be and the
same is hereby approved.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to deliver deed of
conveyance conveying the above
described real estate to Herbert
Heitzman upon receipt of the pur-
chase price.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of-
fice of the Dubuque County Re-
corder.
Passed, approved and adopted
this 3rd day of September, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
.lames E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the re:iolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
August 28, 1974
Honorable Mayor
and Councilmen
In accordance with the request
of Councilman Brady, we here-
with trantirnil for your considera-
tion our draft of a suggested
amendment to our Zoning Ordi-
nance designed to remedy the
problems that have been associat-
ed with the wording of our pre-
sent. provisions as regards "educa-
tional, religious, and philanthro-
pic use" in our Single Family Re-
sidence District.
A proposed amendment dealing
with the same issue was present-
ed to the Planning and Zoning
Commission em,lier this year for
its advice and consideration. In
reviewing that original amendment
proposal, we perceived several se-
rious problems concerning the pre-
cise wording and probable effect
of the amendment, which prob-
lems were detailed in a subsequent
staff mpott to the Planning and
Zoning Commissiun and in our la-
Adjourned Regular Session_ September 3, 1974 481
to Council. Several sub- Ordinance. Seconded by Mayor
ter reports
otitute amendments were drafted Thoms.
Carried by the following
by the staff to deal with this prob, vote:
tern, but none were
Council.
e Brady.
tirely satisfactory. t was heudg- men Justmann, Lun b,
the Commission and staff, Stackis.
ment of
at that time, that the final solu•
Nays — None.
tion of this matter could best be
Councilman Justmann moved
handled in a comprehensive fash- that
the rule requiring an Ordi.
ion in the new zoning ordinance dansys be be
Seeondedsbyarate
Mar
that pursuit of "=top -OP"
'rhoms,
and Carried by the follow.
would not be justified in yor
sures
light of the time and effort in- ing
and the probable short life
vote:
Yeas --- Mayor Thorns, Council -
volved
and incomplete effectiveness of men Brady, Jusirnann, Lundh,
any alternative we would fashion. Stackis.
However, we are now aware of
interest on the part of
Nays — None.
Councilman Justmann moved
a renewed
Councilman Brady and other
that a public hearing be held on
Councilmen to pursue an interim
We have,
the Ordinance on November 4,
1974, at 7:30 o'clock P.M. in the
solution to this problem.
a proposed
Council Chamber at the City Hall
therefore, enclosed
developed in our ear-
and That the City Clerk be in.
amendment
tier stud y which in our judgment
strutted to publish notice of the
represents the most effective and I
hearing in the manner required
immediate short-term remedy to
involving ex- i
by law. Seconded by Mayor. Thoma.
Carried by the following vote:
this problem without
tensive revision of our entire Or-
Yeas — Mayor Thorns, Council-
dinance, We trust this proposal
men Brady, Justmann, Lundh,
adequately deals with the concerns
Stackis.
of Council and we, of course, will
Nays — None.
the Daughters of
remain more than willing to pro-
vide such additional explanation or
Petition of
the Union Veterans requesting per -
clarification of these matters as
mission to sell flowers on Septem-
ber 27th and 28th. presented and
may be desired.
Daniel Dittemore
read. Mayor Thorns moved that the
Development Planner
petition be referred to the City
for approval. Seconded
Mayor Thorns moved that the
be received and I
Manager
by ("ouncilman Justmann. Carried
communication
filed. Seconded by Councilman j
by the following vote:
Coundh,
Stackis. Carried by the following I
Yeas — mayor Tho -,;,
Brady,
vote:
men
Yeas — Mayor Thorns, Council-
3tackis.
men Brady, Justrnann, Lundh,
Nays -- None.
Women's Recreation
Stackis.
Petition of
Inc., requesting a refund of
Nays — None.
Assn.
the unexpired portion
An Ordinance amending Ordi-
"The
:=5.on
00,
of
randrmit
nance No. 3.34, known as
Zoning Ordinance and Zoning Map
ed Mayor Thorns
be granted
of the City of Dubuque, Iowa",
moved that the refund
the Cy Auditor be directed
1
repealing Section 1 of Article II
and
ant.
proper warrant. Seconded
to issue warrant.
thereof and enacting a new sec-
tion II in lieu thereof
by r Justmann-Carried
1 of Article
limiting the accessory uses of Edu.
byY the following vote:
mayor Thorns. council.
cational or Religious uses and eli
—
Stackis.
J,
rninating Clubs, Lodges, Comm uni
men
Cuunlimon Brads
ty Centers, and Philanthropic Uses
rays —
petition of Richard Hantelmanu
as permitted uses in the Single Fa-
of $1 1.25 on
a repo B
mily Residence District, presented
requesting -
Po rti n Of Beer -Li -
and
and read,
Councilman Justmann moved
the unexpired
as he has
quor License --Qti S' on
that the reading just had be eon-
discontinued nledsines and readJuMayor
sidered the first reading: of the
1974, 1
462 .Adjourned Regular Session, September 3, 1974
Thoms moved that the refund be
granted and the City Auditor be
directed to issue proper warrant.
Seconded by Councilman Lundh.
Carried by the following vote:
Peas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
.James A. Wallace, Rt. 2, address-
ed the Council, concerning pollu-
tion problems and submitted a list
of septic tanks in the City. Coun-
cilman Justmann moved that the
submission be referred to the En.
gineering Department. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Dubuque County for
suspension of 1973 and first half
1974 taxes for Leona G. Ricken,
presented and read. Mayor Thoms
moved the suspension be approved
and City Clerk be authorized to
sign the petition for suspension.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of Pen-
dency of Resolution of necessity
and public improvements and hear-
ing for the repair of Storm Sewer
on 24th Street between Jackson
and Washington St., presented and
read. Mayor Thoms moved that the
proof of publication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Decision of Council upon objec-
tions to plans, specifications,
form of contract and cost of im-
provements.
RESOLUTION NO. 317-74
WHEREAS, proposed plans and
specifications and form of contract
for the Repair of Storm Sewer on
24th Street (Between Jackson and
Washington) have been approved
by the City Council of the City of
Dubuque and public notice given
as provided by Chapter 23 of the
Code of Iowa, 1973, pertaining to
public contracts and bonds, and
the time and place fixed for the
hearing of all objections to said
plans, specifications or contract for
or cost of such improvements, said
time being this 3rd day of Septem-
ber, 1974; and
WHEREAS, the City Council met
in adjourned Regular session this
3rd day of September, 1974, at
7:30 o'clock P.M. at the Council
Chambers in the City Hall for the
purpose of hearing all interested
parties and considering any and
all objections which have been
filed to the proposed plans, speci-
fications or contract for or cost of
the improvement herein described
and proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity
to be heard and all objections
which have been duly weighed and
considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci-
fications, contract for or cost of
said improvement herein described
and proposed to be made, be and
the same hereby overruled and
such plans, specifications and form
of contract heretofore approved
are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections which have been filed
to the plans, specifications and
form of cost said improvement be
made a matter of permanent record
in connection with said improve-
ment.
Passed, adopted and approved
this 3rd day of September, 1974,
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis, Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
Adjourned Regular Session, September 3, 1974 483
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Necessity for Improv'sm"t)
RESOLUTION NO. 283.74
WHEREAS, proposed plans, speci-
fications, form rract have
approved
been duly p Paed and
by the City Council of the City of .
Dubuque and are now on file in the
office of the City Clerk showing j
among other things the following:
1. An estimate of the cost of ,
the proposed improvement for the
repair of storm sewer on 24th
Street (between Jackson and Wash-
ington Streets).
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the hereinmentioned
improvement, and unless any in-
terested person appears and files
objections to the proposed plans,
specifications, or have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the sani-
tation fund.
The above resolution was intro.
duced, approved, and ordered
placed on file with the City Clerk
this 29th day of July, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as
proposed, by the City Council this
3rd day of September, 1974.
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
C. Robert Justmann
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
tion of the resolution. Seconded by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice to Con-
tractors of the Receipt of Propo-
sals for the 244h Street Storm Se-
wer Repair, presented and read.
Mayor Thoms moved that the
proof of publication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundb,
Stackis.
Nays — None.
Mayor Thoms moved final adop.
August 28, 1844
To the Honorable Mayor
and City CounW
Pursuant to your instructions,
sealed proposals were received un-
iii
n-
ti1 moo a.m., Wednesday, August
28, 1974 for the Repair of Storm
Sewer on 24th Street (between
Jackson and Washington Streets).
The lowest bid was entered by
TschiggfrieExcavating of Du-
buque, Iowa. Their bid was 8.83%
over Engineer's Estimate.
I recommend that the contract
for the improvement be awarded
to the Tschiggfrie Excavating.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor ThOms,Council-
men Brady, Justmann, Lunch,
Stackis.
Nays — None.
(Awarding Contract)
RESOLUTION NO. 318.74
WHEREAS,
sealed proposals
have been submitted by contrac-
tors for the REPAIR OF STORM
gyER ON 24th STREET (be-
tween Jackson and Washington
Streets) pursuant to Resolution No.
285.74 and notice to bidders pub-
lished in a newspaper
pub
in said City on August 2, 1974, and
August 9, 1974; and
WHEREAS, said sealed propo-
sals were opened and read on Au-
gust 28, 1974, and it has been de.
termined that the bid of Tsebigg-
464 Adjourned Regular Session, September 3, 1974
frie Excavating of Dubuque, lova
in the amount of $15,784.50 was
the lowest bid for the furnishing
of all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Tschiggfrie Excavating and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the un-
successful bidders.
Passed and adopted this 3rd
day of September, 1974.
Allan T. Thom -9
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest :
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of Pen-
dency of resolution of necessity
for public improvement and hear-
ing for construction of Century
Drive and Bies Drive 8" sanitary
sewer, presented and read. Ma-
yor Thorns moved that the proof
of publication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Statement of City Clerk certify-
ing that notices of public hearing
were mailed by certified mail on
August 6, 1974, to property own-
ers of record, subject to asses5-
n:ent for constructing Century
Drive and Bies Drive 8" sanitary
sewer, presented and read. Mayor
Thorns moved that the statement
be received and filed. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns. Council.
man Brady, Justmann, Lundh,
Stackis.
Nays -- None.
Decision of Council upon objec.
tions to plans, specifications,
form of contract and cost of im.
provements.
RESOLUTION NO. 319.74
WHEREAS, proposed plans and
specifications and form of contract
for the Century Drive & Bies Drive
8 inch Sanitary Sewer have been
approved by the City Council of
the City of Dubuque and public
notice given as provided by Chap-
ter 23 of the Code of Iowa, 1973,
pertaining to public contracts and
bonds, and the time and place
fixed for the hearing of all objec-
tions to said plans, specifications
or contract for or cost of such im-
provements, said time being this
3rd day of September, 1974; and
WHEREAS, the City Council met
in adjourned Regular session this
3rd day of September, 1974, at
7:30 o'clock P.M. at the Council
Chambers in the City Hall for the
purpose of hearing all interested
parties and considering any and
all objections which have been
filed to the proposed plans, speci-
fications or contract for or cost of
the improvement herein described
and proposed to be made; and
WHEREAS, all interested par-
ties have been given an opportun-
ity to be heard and all objections
which have been duly weighed
and considered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci-
fications, contract for or cost of
said improvement herein described
and proposed w be made, be and
the same hereby overruled and
such plans, specifications and form
of contract heretofore approved
are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
Adjourned Regular Session, September 9, 1974 465
objections which have been filed
w the plans, specifications and .
form of cost said improvement rec-
ord
e
made a matter of permanent
in connection with said im
provement.
passed, adopted and approved
this 3rd day ASeptember, ThoThornss
974.
Allan
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of I
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol- I
lowing vote:
Yeas -- Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays ---None.
(Necessity for Improvement)
RESOLUTION NO. 258.74
WHEREAS, proposed plans, spe-
cifications. form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The size and kind of sewers.
2 Fach lot proposed to be as-
sessed together with a valuation
fixed by the council.
3. An estimate of the cost of
the proposed improvement, stat-
ing the same for each different
type of construction and kind of
material to be used.
4. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
Century Drive & Bies Drive 8 inch
Sanitary Sewer.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the Citv
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be. assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the sewer funds.
Sewer Bonds shall be Lssued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment district shall be as-
sessed to and paid by the railway
company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 29th day of Ju'.v, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed and adopted, as pro-
posed, by the City Council this
3rd day of 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin F. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved final adop
Lion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Tho
men
Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Ordering Construction)
RESOLUTION N0. 320.74
BE IT RESOLVE the
City
Council of the City
that sity Nno. 74ewhich novas
necessity
466 Adjourned Regular Session, Septcmher 3, 1974
duly passed by this Council, for
the Century Drive & Bies Drive 8
inch Sanitary Sewer, be and the
same are hereby ordered and con-
structed by this Council upon its
own motion and with or without
the petition of property owners.
All the work shall be constructed
in accordance with the plans and
specifications heretofore adopted
and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost. and expense of the
said improvements be paid for by
levying special assessments against
the privately owned property lying
within the assessable distance from
the improvements, whether such
property abut upon the same or
are adjacent thereto, according to
the area thereof and in proportion
to the special benefits conferred,
and any deficiency will be paid
out of the sewer funds of the city.
Payment will be made to the con-
tractor out of funds realized from
the sale of Sewer Bonds to be is-
sued in anticipation of deferred
payments of assessments as pro-
vided by law after the work has
been completed and accepted by
the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals for the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall be completed
on or before the 16th day of De-
cember, 1974.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 3rd day of September, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert JUStmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Cmm-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
August 30, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed a proposal to voluntarily
annex two parcels of property
abutting the "Thomas Farm Addi-
tion" described as follows:
Lot 2 of Lot 1 of NW a, North.
west Fractional 1/4, Section 2,
T88N, R2E, of the 5th P.M.; and,
Lot 2 of Lot 1 of Lot 1 of NEN,
Northwest Fractional 1/4, Section
2, T88N, R2E of the 5th P.M.,
each in Table Mound Township,
Dubuque County, Iowa, consist-
ing of 1.261 acres more or less.
Lot 2 of the SEia of the SEN
of Section 34, T89N, R2E of the
5th Principal ?Meridian in Table
Mound Township, Dubuque
County, Iowa, consisting of
14.06 acres more or less.
The Commission has found that
the properties are contiguous to
the present City limits of the City
of Dubuque, Iowa, and that mu-
nicipal ser%lces can be provided
to the area. The Planning and
Zoning Commission has recom-
mended that the petition be ap-
proved.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION ANNEXING
CERTAIN TERRITORY
No. 321-i4
WHEREAS, the owners of an
area approximately 14.06 .+ acres
in size immediately adjoining the
southerly city limits of the City
of Dubuque, Iowa; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure the benefits of city gov-
ernment in the way of police and
Adjourned Regular Session, September 3, 1974 4fii
fire protection if said territory is
incorporated within the city lim-
its of the City of Dubuque, Iowa;
and
WHEREAS, the inhabitants of
said territory will be enabled to
secure water, and other municipal
services if said territory is incor-
porated within the city limits of
the City of Dubuque, Iowa; and
WHEREAS, Section 362.30, Code
of Iowa 1958, authorized the ex-
temion of city limits in situations
of this character by tl,e adoption
of a resolution therefore; and
N%rREREAS, the future growth,
development and preservation of
the public health of the City of
Dubuque, Iowa, makes it impera-
tive that said territory be made a
part of the City of Dubuque, Iowa;
and
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa, that the
territorial limits of the City of
Dubuque, Iowa be and they are
hereby extended to include the
area comprising the following de-
scribed real estate:
Lot 2 of Southeast One -Quarter
of Southeast One -Quarter of Sec-
tion 34 in Township 89 North,
Range 2 East of the 5th Principal
Meridian in Dubuque County, Iowa.
The territory hereby annexed shall
become and be part of the Thir-
teenth Voting Precinct to the City
of Dubuque, Iowa.
This area is as shown on the plat
attached marked Exhibit "A" and
by this reference made a part
hereof, said area being shaded in
yellow thereon.
Passed, adopted and approved
this 3rd day of September, 1974,
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
RESOLUTION ANNEXING
CERTAIN TERRITORY
No. 322.74
WHEREAS, the owners of an
area approximately 1.261 :' in size
immediately adjoining the souther-
ly city limits of the City of Du-
buque, Iowa; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure the benefits of city govern-
ment in the way of police and fire
protection if said territory is in-
corporated within the city limits
of the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of
said territory will be enabled to
secure water, and other municipal
services if said territory is incor-
porated within the city limits of
the City of Dubuque, Iowa; and
WHEREAS, Section 362.30, Code
of Iowa 1958, authorized the ex.
tension of city limits in situations
of this character by the adoption
of a resolution therefore; and
WHEREAS, the future growth,
development and preservation of
the public health of the City of
Dubuque, Iowa, makes it impera-
tive that said territory be made a
part of the City of Dubuque, Iowa;
iand
NOW, THEREFORE, be it re-
solved by the City Council of the
City of Dubuque, Iowa, that the
territorial limits of the City of Du-
buque, Iowa be and they are here-
by extended to include the area
comprising the following described
real estate:
Lot 2 of Lot 1 of Northwest One -
Quarter, Northwest Fractional
One -Quarter, Section 2, Town-
ship 88 North, Range 2 East. of
5th Principal Meridian; and
Lot 2 of Lot 1 of Lot 1 of North-
east One -Quarter, Northwest
Fractional one NorthrRangeo2
2, Township 88
East of 5th Principal Meridian,
each being in Table Mo Iowa The
Town-
ship, Dubuque County,
territory annexed shall become
th Vot-
Ma or Thorns moved adoption ng be pant of the Thirteen of Du -
Y Precinct to the City
of the resolution. Seconded by buque, Iowa.
Councilman Lundh. Carried by as shown on the
the following vote: This area is
Yeas — Mayor Thorns, Council- plat attached, marked Exhibit "A",
men Brady, Justmann, Lundh, and by this reference made a art
Stackis. hereof, said area being
Nays—None. yellow thereon.
468 Adjourned Regular Session, September 3, 1974
Passed, adopted and approved
this 3rd day of September, 1974.
Allan T. Thoms
Mayor
.Tames E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Proposal to Dispose of interest in
Lot 153 in Lenox Addition, pre-
sented and read. Mayor Thoms
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
No oral or sealed bids were re-
ceived.
Communication of Dubuque Tran-
sit Trustee Board advising of cele-
brating their first year of owner-
ship on Saturday, September 7th,
and reporting that the ridership has
increased appreciably, service im-
proved and deficits reduced, pre-
sented and read. Councilman Just -
mann moved that the communica-
tion be received and filed. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
RESOLUTION NO. 323-74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "C" BEER PERMIT
Harry Kopple, dba Kopple's Mar.
ket, Inc., 1098 University Avenue
Passed, adopted and approved
this 3rd day of September 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 324.74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council: and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the. City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Beer permit.
CLASS "C" BEER PERMIT
Harry Kopple, dba Kopple's Mar-
ket, Inc., 1098 University Ave.
Passed, adopted and approved
this 3rd day of September 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundli,
Stackis.
Nays—None.
Adjorned Regular Session, September 3, 1q 4 469
RESOLUTION NO. 325.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and t
the same have been examined.
NOW 1'HE REFORF, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iapplication.,, , that
the folloNk ing
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General A&
se mbly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
James It. Bainbridge, dba The Ryan
House, 1375 Locust Street
American Veterans W.W. 11, Ko-
rea -Vietnam DBA, AmVets Post
#3, 36 East 4th Street
Passed, adopted and approved
this 3rd day of September, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert ,lustmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Peas — Mayor 'Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 32674
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WIiEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor license.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
,lames It. Bainbridge, dha The
Ryan House., 1375 Locust Street
American Veterans W.W. ll -Korea -
Vietnam, dba AMVF,TS #3, 36
East 4th Street
Passed, adopted and approved
his 3rd day of September, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays — None.
Councilman Stackis moved to re-
consider previous action taken on
park board Ordinance at meeting
of August 26, 1974. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Lundh. Stackis.
Nays -- Councilmen Brady,
Justmann.
ORDINANCE NO. 52-74
An Ordinance Amending Ordi-
nance No. 24-69 known as the
Ordinance Regulating Conduct
in Public Parks of the City of
Dubuque, Iowa, by Amending
Section 30 thereof and enacting
a new Section 30 in lieu there-
of to provide for the open sea-
son or hours for the respective
Parks in the City of Dubuque,
Iowa, presented for final adop-
tion.
Councilman Stackis moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded titLundh.
Carried by the following vote:
yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays — Councilmen Brady,
Justmann.
Councilman Stackis moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
i_ mayor Thoms, Council, 'ca,
men Lundh, Stackis.
Nays — Councilmen Brady,
.lustmann.
170 :Adjourned Regular Session. September 3, 1974
ORDINANCE NO, 52.74
AN ORDINANCE AMENDING
ORDINANCE NO. 24-69 KNOWN
AS THE ORDINANCE REGULAT-
ING CONDUCT IN PUBLIC
PARKS OF THE CITY OF DU-
BUQUE, IOWA BY AMENDING
SECTION 30 THEREOF AND EN-
ACTING A NEW SECTION 30
IN LIEU THEREOF TO PROVIDE
FOR THE OPEN SEASON OR
HOURS FOR THE RESPECTIVE
PARKS IN THE CITY OF DU-
BUQUE, IOWA
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 24-69
of the City of Dubuque, Iowa be and
the same is hereby amended by repealing
Section 30 thereof and enacting a new
Section 30 in lieu thereof as follows:
"Section 30.
The open season or hours for the re-
spective parks and park facilities shall
be established by the Park Board.
(a) Eagle Point and Flora Park shall
be closed to the public during the
hours from midnight to 7:00
o'clock A.M.; Louis Murphy Park
shall be closed to the public dur-
ing the hours from 10:30 o'clock
P.M. to 7:00 o'clock A.M. during
the regular park season and Frank-
lin D. Roosevelt Park shall be
closed to the public from sunset
to 7:00 o'clock A.M. during the
regular park season.
(b) During the period of time other
than the regular open park season,
no person shall enter or remain in
any park or parkway above named.
On those occasions when weather
permits, the above named parks
will be open for moving vehicular
traffic on weekdays between the
hours of 8:00 o'clock A.M. and
3:00 o'clock P.M. and on week
ends from 12:00 o'clock noon to
5:00 o'clock P.M."
Section 2. That Ordinance No. 26-74
be and the same is hereby repealed.
Passed, approved and adopted this 3rd
day of September, 1974.
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 6th day of Sep
tember 1974.
Leo. F. Frommelt
It. 9.6 City Clerk
Councilman Stackis moved final
adoption of the Ordinance. Second-
ed by Councilman Ll ndh. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Stackis, Lundh.
Nays — Councilmen Brady,
Justmann.
There being no further business,
Councilman Justmann moved the
meeting be adjourned. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Leo F. Frommelt
City Clerk
Approved January 13 1975
Adopted January 13 1975
Special Session. September 9, 1974 471
CITY COUNCIL
OFFICIAL
Special Session, September 9,
1974.
Council Met at 7:30 P.M. (C.D.T.)
Present — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
SIDERING RATIFICATION OF A
PROPOSED AGREEMENT TO PAY
FOR COST OF CODIFYING CITY
ORDINANCES and acting upon
such other business as may prop-
erly come before a regular meeting
of the Council.
Mayor Thoms read and signed a
proclamation, proclaiming Septem-
ber 24 thru October 24, 1974, as
"United Way Month".
Communication of St. Paul Am-
monia Products Inc., objecting to
placing a toll on the Julien Du-
buque Bridge, presented and read.
Mavor Thoms moved that the com-
munication be received and filed
and referred to the Transportation
Committee. Seconded by Council-
man I.undh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of C. George
Biasi, referring to action taken at
the August 26th meeting on re-
zoning and recommending that is
a rezoning request is proposed and
the Council approves same, then
the rezoning would become effec-
tive only if the usage as proposed
Is accomplished, presented and
read. Mayor Thoms moved that the
communication be received and
filed and referred to the Planning
Staff and Planning & Zoning Com-
mission for investigation and re-
port. Seconded by Councilman
Stackis, Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh
Stackis.
Nays -- None..
Communication of Iowa Depart
ment of Environmental Quality in
viting submission of the latest im-
plementation schedule in the es-
tablishment and operation of a
sanitary disposal project for final
disposal of solid waste not later
than July 1, 1975, presented and
read. Councilman Justmann moved
that the communication be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Mays — None.
To The Honorable Mayor
and City Councilmen
A number of complaints have
been received regarding the con-
dition of a building and premises
at 759 Hill Street, Dubuque, Iowa.
On July 25, 1974 an inspection
was made by the Housing Depart-
ment of a two story, single family,
brick structure and a small con-
crete block accessory building.
At this time the structures were
found to be in violation of the
Minimum Housing Code and there
is excessive deterioration from lack
of general maintenance and as a
result, have become dangerous to
life and health.
On August 19, 1974 an order was
sent to the owner of record to
dismantle the structure and clean
up the premises. The owner is
Julien Improvement Company,
1523 Central Avenue, Dubuque,
Iowa 52001.
This order has not been com-
plied with and I recommend to
the City Council that the provis
ions of Ordinance No. 35-52 be en-
forced and that the owner of said
buildings, known as 759 Hill Street,
and located on Lots 19 and 20 in
Roger's Subdivision, City of Du.
buque, Iowa, be required to dis-
mantle said buildings and clean
up the premises.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed and referred to the
Public Hearing set for September
30, y. Carred by Seconded the uncilman
Brady. Carried
vote:
Yeas — Mayr ThOms Council -
Yeas
men Brady,
Stackis.
Nays — None.
472 Special Session, September 9, 1974
September 4, 1974
To the Honorable Mayor and
City Council
As you may be aware, the City
Manager and Clty Clerk, together
with the City Attorney, have re-
viewed proposals for the codifica-
tion of the Citv Ordinances of the
City of Dubuque, Iowa, and have
confined their examination and
evaluation to two book publishing
companies. The City Manager finds
and determines that the proposed
contract for such codification sub-
mitted by the Municipal Code Cor-
poration of Tallahassee, Florida
appears to be the more acceptable
of the proposals and such con-
clusion is concurred in by the City
Clerk and City Solicitor.
The estimated cost of the pro-
ject is the sum of $11,200 for 100
copies of the code, 25 mechanical
loose-leaf binders, consisting of a
700 page code including blank
pages. Excess of 700 pages shall
be charged at $16.00 per page.
In the overall consideration, the
recommended selection of Muni-
cipal Code Corporation is based on
a comparative study of the respec-
tive proposed forms of contract
and the editorial provisions pro-
vided by Municipal Code Corpora-
tion have been given prevailing
consideration.
For your information, let it be
known that sums to underwrite
this expenditure have been budg-
eted from time to time for the past
seven years and in fact the budget
provisions for the year 1974 pro-
vide for an allocation of $11,500
for such undertaking and such
amount has been appropriated.
Execution of said contract by
and on behalf of the City Manager
should be approved, ratified and
confirmed.
Gilbert D. Chavenelle
City Manager
I, Romolo N. Russo, City Solici-
tor, do hereby concur in the fore-
going transmittal.
Romolo N. Russo
City Solicitor
I, Leo F. Frommelt, City Clerk,
do hereby concur in the foregoing
transmittal.
Leo F. Frommelt
City Clerk
Councilman Justmann moved
that the communication be re-
ceived and filed and the execution
of the agreement be approved.
Seconded by Councilman I.undh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None,
September 6, 1974
Honorable Mayor
and City Council
I submit to you the audit report
of the records of the City for the
year 1973. The audit was conduct•
ed by the Office of Auditor of
State.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication and report he re-
ceived and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
September 6, 1974
To the Honorable Mayor
and City Council
We are writing to advise you
of certain necessary .repairs to
public property which are a re-
sult of the severe storm and re-
lated damage which occurred on
June 20-21, 1974.
The staff has made a compre-
hensive survey of all the areas in-
volved, compiled estimates of the
necessary repair work and review-
ed all of this with the Federal
Disaster Teams assigned to review
this work. Evaluation by the Fe-
deral Team is complete and the
Disaster Survey Reports are ap-
proved.
All of the work completed to
date and proposed for contract,
with the exception of sidewalk re-
pairs, will be paid for by Federal
Funds reimbursed to the City. Be-
cause of the emergency nature of
this work and because the Fede-
ral people have a ninety day time
limit on initiating the work, the
staff has prepared informal bid
documents to receive bids on the
balance of the uncompleted re-
pairs.
This work has been segregated
into the following sections to cor-
Special Session. September 9. 1974 473
with the respective Fede, 1 from
a bicycle as the result of
respond
ral responsibility: striking a raised water shutoff in
Estimated Cost Solon
Street on September 2, 1974,
1. Sidewalk Repair Con- presented
and read. Councilman
Justmann
moved that the Notice
tract
(City financial responsi- be
referred to the City Solicitor
bility) $ 3,253.95 for
proper proceedings. Seconded
2. Debris clearance in
by Councilman Lundb. Carried oy
storm ditches and pro- the
fullowing vote:
tective measures Con-
Yeas — Mayor Thoms, Council -
tract (Federal Reim-
men Brady, Justmann, Lundh,
bursement, 100`, ) 5,556.29
Stackis.
I Sanitary and Storm
Nays — `one.
September 6, 1974
Sewer System Repair
(Federal Reim-
To the Honorable Mayor and
Contract
1007c) 11,267.00
City Council
bursement,
4, Curb and Gutter, Pav-
We are returning to you a pe-
ing Repair Contract (Fe-
tition received July 22, 1974 in
d e r a l Reimbursement,
5,6119.95 ;
which the petitioners requested
We City to install two-hour park -
100170)
All of the other tree and debris
ing meters on Locust Street be -
removal relating to this storm da- ;
tween First and Second Streets,
mage has been completed on force I
:Attached is a letter from R. J.
account by City crews.
O'Brien, Chief of Police, recom-
mending that the petition be ap-
It is proposed that the above
proved.
informal bids be received on Sep-
Consequently, we are submitt
tember 19, 1974 with work cornI
ing to you an Ordinance amend
menced immediately thereafter to
ing Ordinance No. 3349, known as
complete all repairs this fall.
Io -
the -Traffic Code of Dubuque, Io -
Your cooperation in this matter
-,%a*' in which we designate both
will be sincerely appreciated.D.Ch
of Locust Street from Jones
eesides
Gilbert D. Chavenelle
and First as a two-hour time zone
Citv Manager
and another Ordinance amending
Councilman Lundh moved that
Ordinance No. 37-65. known as the
the communication be received
..Street Parking Meter Ordinance
and filed and the authorization to
of Dubuque, Iowa". designating the
proceed with informal bidding be
area on Locust Street between
approved. Seconded by Council-
First and Second Streets as Park -
man Brady. Carried by the follow-
ing Meter District B.
ing vote:
Your adoption of both Ordinan-
Yeas — Mayor Thorns, Council-
ces is requested.
men Brady, Justmann, Lundh,
Francis A. Murray
Stackis.
Assistant City Manager
Nays — None.
Mayor Thonts moved that the
Com.munic;ation of Hunt Claims
communication be received and
Service Inc., advising that they
filed. Seconded by Councilman
have conducted an investigaUon in
Lundh. Carried by the following
the personal injury case of Mrs.
Shirley Shively, and advising the
vote:
Yeas _ Mayor Thoms, Council -
City as being responsible, present-
men Brady Justmann, Lundh,
ed and read. Councilman Just-
Stackis.
mann moved that the c•ommunica-
Nays _ None.
tion be referred to the City Solic•i-
ORDINANCE NO. 54.74
for for proper proceedings. Se-
Ordinance amending Ordi-
eonded Councilman Lundh. Czar-
No. known as the
lied b the following vote:
Y
Hance
na
"Traffic Code of Dubuque, 10,
de
Yeas _ Mayor 'Thorns, Council-
by repealing
men Brady, Justmann, Lundh,
wall as amended
Subsection 7 of Section A of
Stackis.
schedule IV thereof and Mme'
Nays — None.ing
Subsection 7 to Sea
Notiex of Claim of Tim Murphy
a new
schedule IV in lieu
in an undetermined amount, for
tion A of
I tlsereof to limit parking of "1
Personal injuries received in a fall
Special Session, September 9, 1974
for vehicles on streets herein-
after designated,
presented and read.
Mayor Thoms moved that the
reading dust nad be considered the
first reading of the urdinance. Se-
conded by Uoulleliinan iAnda. Car-
ried ny the loiiowiiig vote:
kens — mayor hums, Council-
men Brady, dusununn, Lunda,
Stackis.
Nays — None.
Mayor Tnoms moved that the
rule requiring an urdinance to be
read on three separate days be
waived. Seconded by Louncilman
Lundn. harried by the loilowing
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justinann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 5474
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 KNOWN
AS THE "TRAFFIC CODE OF
DUBUQUE, IOWA" AS AMENDED
BY REPEALING SUBSECTION 7
OF SECTION A OF SCHEDULE
IV THEREOF AND ENACTING A
NEW SUBSECTION 7 TO SEC-
TION A OF SCHEDULE IV IN
LIEU THEREOF TO LIMIT PARK-
ING OF MOTOR VEHICLES ON
STREETS HEREINAFTER DES-
IGNATED.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa' as amended be and the same is
hereby amended by repealing subsection
7 of Section A of Schedule IV thereof
and enacting a new subsection 7 to Sec-
tion A of Schedule IV in lieu thereof as
follows:
"Schedule IV
A. The following streets or portions
are designated as two-hour time
zones:
7. Both sides of Locust Street
from Jones Street to First
Street.
Passed, approved and adopted this 9th
day of September, 1974.
Allan T. Thoma
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 12th day of Sep.
tember 1974.
Leo F. Frommelt
City Clerk
It 9-12
Mayor Thoms moved final adop.
tion of the Ordinance. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 55-74
An Ordinance amending Ordi.
nance No. 37.65 known as the
"Street Parking Meter Ordinance
of Dubuque, Iowa" as amended
by repealing Subsection 6.2.2 of
Section 6.2 Parking Meter Dis-
trict B thereof and enacting a
new Subsection 6.2.2 of Section
6.2 Parking Meter District B in
lieu thereof to limit parking of
motor vehicles on streets here-
inafter designated, presented and
read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 55.74
AN ORDINANCE AMENDING OR-
DINANCE NO. 37-61 KNOWN AS
THE "STREET PARKING METER
ORDINANCE OF DUBUQUE, IO-
WA" AS AMENDED BY REPEAL-
ING SUBSECTION 6.2.2 OF SEC-
TION 6.2 PARKING METER DIS-
TRICT B THEREOF AND ENACT-
ING A NEW SUBSECTION 6.2.2 OF
SECTION 6.2 PARKING METER
DISTRICT B IN LIEU THEREOF
TO LIMIT PARKING OF MO'T'OR
VEHICLES ON STREETS HEREIN-
AFTER DESIGNATED.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 37-61
known as the "Street Parking Meter Or-
dinance of Dubuque, Iowa' as amended
Special Session, September 9, 1974 475
be and the
same
repealing
Parking Mctcr District B thereof and
enacting a new subsection 6.2.2 of Sec-
tien 6.: Parking Meter District B in lieu
thereof as follows:
"6.2 Parking Meter District B
6.2.2 Ltxut Street, both sides be-
tween First and Second Streets
and both sides between Third and
Fourth Streets and the West side
between Fourth and Fifth Streets
and both sides between Tenth and
Twelfth Streets."
Passed, approved and adopted this 901
day of September, 1974.
Allan T. Thoms
Mayor
C. Robert justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially
Herald Newspaper this
tember 1974.
Leo F. Frommelt
City Clerk
in the Telegraph
tach day of Scp-
The Commission has reviewed
the proposed Subdivision plat in
relation to the Dubuque County
Land Use Plan, as formulated by
the Metropolitan Area Planning
Commission and as approved by
the Dubuque County Board of Su-
pervisors and has found the Sub-
division to be an appropriate de-
sign for this area. The City of
Dubuque Planning and 'Zoning
Commission has recommended your
approval of the final plat of
'-F.D.R, Park View Heights" Sub-
division.
It 9-12
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded
by Couneilman Lundh. Carried by
the following vote:
Peas — Mayor Thoms, Council-
men Brady, Justmann, Lundh
Stackis.
Nays --None:
Petition of Dubuque Sertoma
Club requesting permission to sell
light bulbs for the benefit. of
Retarded Children on September
14th, 1974, presented and read.
Councilman Brady moved that the
petition be approved subject to
approval by the City Manager.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis,
Nays—None.
July 25, 1974
Honorable Mayor and Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of "F.D.R.
Park View Heights" Subdivision in
Table Mound Township, Dubuque
County, Iowa. This proposed Sub-
division lies outside the corporate
limits of the City of Dubuque, but
within the 2 -mile juri>dictional
perimeter for review of subdivision
Plats as specified in Chapter 409.14.
Code of Iowa.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays --Councilmen Brady, Just -
mann.
RESOLUTION NO. 327.74
Resolution Approving Plat of
"F.D.R. Park View Heights" in
Section 3, Table Mound Township,
Dubuque County, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat in which
Lot 1 of Lot 1 of Lot 2 of
West Fractional One-half of
Northwest One -Quarter, Sec-
tion 3, Township 88 North,
Range 2 Past of 5th Principal
Meridian; and of Lot 1 of Lot
2 of Lot 1 of Lot 2 of West
Fractional One-half of North-
west One -Quarter, Section 3,
7'ow•n,hip B8 North, Range 2
East of 5th Principal Meridian,
each being in Table Mound
Township, Dubuque County to
be hereafter known as Lot 1,
Lot 2, Lot 3, Lot 4, Lot 5,
Lot 6, Lot 7, Lot 8, Lot 9,
Lot 10, Lot 11, Lot 12, Lot 13,
Lot 14, Lot 15, Lot 16, Irene
Lane and Park View, e c View
all in "F.D.R. Table
lleights" in Section Dubuque
Mound Township,
County, Iowa;
and
WHEREAS, said plat has been
examined by the City of Dubuque
Planning and zoning al Commission endorsed
and had its apt
thereon, and
476 Special Session, September 9, 1974
WHEREAS, said plat has been
examined by the City Council and
they find the same conforms t,) the
Statutes and Ordinances relating
thereto;
NOW. THEREFORE, BE IT RE-
SOLVED BY TiIE CITY COUNCIL
OF THE CITY OF DUBUQUE, IO-
WA;
Section 1. That the above de-
scribed plat be and the same Is
hereby approved and the Mayor
and Clerk be and they are hereby
authorized and directed to endorse
the approval of the City upon said
plat, and that the retrictive cov-
enants attached thereto relating to
annexation, street dedication, curb
and gutter. cul-de-sacs, sanitary
and storm sewer and water service
are hereby approved.
Passed, adopted and approved
this 9th day of September, 1974,
Allan T. Thorns
Mayor
Alvin E. Lundh
Emil Stackis
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Lundh, Stackis.
Nays—Councilmen Brady. Just -
mann.
There being no further business,
Councilman Stackis moved that the
meeting be adjourned. Seconded
by Councilman Justmann. Carried
by the following vote:
Seas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved January 13 1975
Adopted January 13 1975
Special Session, September 16, 1974 477
City Council
Thoms moved that the communica-
be received and filed. Second-
CITY
ed by Councilman Lundh. Carried Carried
OFFICIAL
by the following vote:
Special Session, September 16,
Yeas — Mayor Thorns, Council-
men Brady. Justmann, Lundh,
1974.
Council met at 7:30 P.M. (C.D.T.)
Stackis.
Nays — None.
Present — mayor Thoms, Coun•
cilmen Brady, Justmann, Lundh,
Communication of State Depart-
Stackis. City Manager Gilbert D.
ment of Health recommending cor•
Chavenelle,
rection of deficiencies of mechani-
Thoms read the call and
cal or structural nature in the
Mayor
<tated that service thereof had
City's swimming pools, presented
Thorns
and read. Mayor Thos moved
bci,n duly made and thi= meetins
OF
the communication be re -
,1 called for THE PURPOSE
IMPROVEMENT OF
ceived and filed. Seconded by
by
ACCEPTING
TOWN CLOCK PLAZA PHASE 11
Councilman Lundh. Carried the
GENERAL CONTRACT IN THE
following vote:
Yeas K Mayor Thos, Council -
URBAN RENEWAL AREA, and
such other business
men Brady, Justmann, undh,
acting upon
acting
as may properly come before a
f the Council.
Stackis.
Nays — None.
regular meeting o
Dubuque Jaycees' submitted a
verbal recommendation that Octo-
ber 31st, be official "Trick or Treat
Night". Mayor Thoms moved that
the recommendation be referred
to Police Chief O'Brien and the
City Manager for consideration and
final recommendation. Seconded by
Councilman Lundh. Carried by the
following vote:
Peas •— Mayor Thoms, council-
men Brady, Lundh, Justmann,
Stackis.
Nays—None.
Communication of Dubuque Am-
baasadors advising that the Du-
buque entry in the Iowa C'omtnu-
nity Betterment program is com-
pleted and will be delivered to
the Office of Planning & Pro-
gramming on September 18th, and
indicating that the Council might
be interested in a brief examina-
tion of the scrap book, presented
and read.
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
Robert Dorothy and Gent Witten-
berg, Pubuyuc Ambassadors, pre.
rented the Council with a brief
report on the contents of the scrap
bock, and activities the program
has become involved with. Mayor
Communication of Iowa Obaches
Inc., requesting the purchase of
.13 acres additional, next to the
original purchase of property on
the Industrial Island, due to an
inadvertence in constructing a por•
tion of their building on other
property belonging to the City,
presented and read. Mayor Thoms
moved that the communication be
referred to the City Manager and
the Building Department to check
on possible side yard requirements.
St conded by Councilman Stackis.
Carried by the following vote:
Yeas -- Mayor Thoms, council—
risen Brady, Justmann, Lundh,
Stackis.
Nays — None,
Communication of Mayor's in-
dustrial Committee recommending
that approximately .13 acres of
land be sold to Iowa C'Oaches Inc.
to coerror, at
rrect a construrtlsquare foot
the price of 48¢ pe
with no cost to the City for sur-
, -. ,,g, publication, platting, etc.,
presented and read. Councilman
Justmann moved that the com-
munication be referred for pro-
per proceedings and that a pub-
lic hearing be held to di, property
the City's interest of the p P y
on October 14, 1974 at 7:30 o'clock
P.M. (C D,T.) in the Council Cham-
ber at the City Hall and that the
ity Clerk be instructed tonPub
iish notice of the hearing in the
-
manner required by
478 Special Session, September 16, 1974
ed by Mayor Thoms. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundth,
Stackis.
Nays — None.
Attorney William McCallister
addressed the Council on behalf
of the Iowa Coaches Inc. request.
Printed Council Proceedings for
the months of April and May,
1974, presented for approval. Ma-
yor Thoms moved that the pro-
ceedings be approved as printed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Dubuque Am-
bassadors, sent to Wayne Norman,
endorsing the new Five Flags Cen-
ter Plan and working for a suc-
cessful affirmative vote on the is-
sue September 24th, presented
and read. Mayor Thoms moved
that the communication be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
September 12, 1974
To the Honorable Mayor and
Members of the City Council
Please be advised that I have ap-
proved filing of the following Bu-
siness Custom Policy issued to
William & Jeanette Luerkens
d/b/a AOK Yellow Cab Com-
pany effective from 9-1-74 to 9-
1-77 Northwestern National Ca-
sualty Company Policy No. BCP
30-32-16.
Your approval is requested sub-
ject to approval of the City Soli-
citor.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that the communication be re-
ceived and filed and filing be ap-
proved subject to approval of the
City Solicitor. Seconded by Coun•
cilman Stackis. Carried by the fol-
lowing vote:
Yeas -- Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
September 12, 1974
Honorable Mayor
and City Council
I am pleased to inform you that
Police Chief O'Brien has been ho-
nored. lie has received an invite•
tion to attend the 100th Session
of the F.B.I. National Academy.
At the Academy, Chief O'Brien
will receive the finest training
available in police operation and
administration. He will attend the
session at Quantico, Virginia, Ja-
nuary 6th to March 20, 1975.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
,Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Verbal request of Mayor Thoms,
as to the present status and ef-
fectiveness of previously adopted
noise ordinance was considered.
Police Chief O'Brien addressed the
Council relative to the defects in
the present ordinance and it could
hardly be enforced in its present
state. Some parts of the Ordinance
should be amended which should
be reviewed and ready for conside-
ration in October. Councilman
Justmann moved that the matter
be considered received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of State Auditor
Lloyd Smith submitting copy of
Audit Report of the major disaster
claim submitted by the City on
January 31, 1974, in the amount
of $38,977.47, and recommending
same for reimbursement, present-
ed and read. Mayor 'Thoms moved
that the communication be re-
ceived and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Special Session, September 16, 1974 479
September 10, 1974
Honorable Mayor
and City Council
On July 15, 1974, IAVern Ney,
4112 Bluebird Drive, Dubuque,
filed claim against the City of Du-
buque for damages in the amount
of $550.00, claiming said damages ,
for rec:n-ery of his motor vehicle
which reportedly was stolen from
the City garage lot where it had
been placed by orders of the Po-
lice Department.
This matter was referred to the
appropriate City Agency who has
made an investigation thereof and
has reported by letter to this of-
fice of no liability on the part of
the City of Dubuque in regard to
this matter.
Accordingly, it is the recom-
mendation of the City Attorney
that the claim of LaVern Ney be
denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays — None.
ceedings. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thorns, Council
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Notice from District Court, small
claims Division, in the amount of
$980., Craig Norpel, Plaintiff, and
City and Skahill's Service Station,
Defendants, based on damage to
car and personal belongings,
which car burned after being con-
fiscated by the Police in August,
1974, presented and read. Mayor
Thoms moved that the Notice be
referred to the City Solicitor for
proper proceedings. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
I men Brady. Justmann, Lundh,
iStackis.
Nays — None.
Petition of Schiltz Development
Corp. requesting approval for in-
stallation of boulevard lights I e-
tw'en Lots 4 do 5 in West Hill Sub
ision-
div, presented and read. Ma-
yor Thoms moved that the peti
tion be referred to the City Mana-
ger for investigation and report.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Notice of Claim of ?Bary Shively,
in the amount of $12,000., for in-
juries sustained in a fall north of
the curb line of 16th Street along
the east side of Elm Street, pre-
sented and read. Mayor Thoms
moved that the Notice be referred
to the City Solicitor for proper
proceedings. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Notice of Claim of Earl L. Wei-
chel, in an undetermined amount,
for damages to a fence on his pro-
perty at 737 English Lane as the
result of being struck by heavy
equipment on September 6th, pre- 1
rented and read. Mayor Thoms
moved that the Notice be referred
to the City Solicitor for proper pro.
Nays — bone.
Petition of William Olson et al
(16 signers) requesting removal of
parking hazard on certain sections
of Ungs Street (the only access to
Hoyt Street) to insure proper fire
protection for Hoyt Street resi-
dents, presented and read. Mayor
ion be
TThoms moved that the pe
to the City Manager and
Traffic Dept. for investigation and
retort. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
yea, __ Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Wahlert High School
requesting permission to conduct
a Homecoming Parade on Septem-
ber lath, presented and read. Ma-
yor Thoms moved that the petition
he approved subject to approval
480 Special Session, September 16, 1974
of the City Manager. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Wallace Weigman et
al (655 signers) in opposition to
the barricading of Washington
Street between 15th and 16th
Streets being inconvenient, hazar-
dous and not in the interest of all
citizens of the City and request-
ing that the streets be opened to
public thoroughfare as they were
intended, presented and read. Ma-
yor Thoms moved that. the petition
be received and filed and referred
to Council, and that Mr. John Grau,
Engineering and Planning Depart-
ments be instructed to inform sign-
ers as to meetings to be held. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis,
Nays—None.
Abstain --Councilman Lundh.
Petition of B. B. Grote et al (11
signers) all businesses objecting to
the barricading of the Washington
Street area and advising that they
have received only one notice of
meeting and people are concerned
about fire and ambulance services
being hampered and further the
alleys in the area are now being
used as streets, presented and
read. Mayor Thoms moved that
the petition be received and filed
and referred to Council, and that
Mr. John Grau, Engineering and
Planning Departments be instruct-
ed to inform iigners as to meetings
to be held. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis,
Nays —None.
Abstain ---Councilman Lundh.
August 29, 1974
To the Honorable Mayor
and City Council
The construction of Town Clock
Plaza, Phase 11, Section 1, General
Contract and work incidental
thereto in and for the City of Du.
buque, Iowa has been substantial•
ly completed in accordance with
Plans, specifications and the con-
tract by and between Conlon Con-
struction Company of Dubuque,
Iowa and the City of Dubuque,
Iowa.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
FINAL ESTIMATE
RESOLUTION NO. 328-74
WHEREAS, the contract for the
Town Clock Plaza, Phase 11, Sec-
tion 1 Downtown Urban Renewal
Project Iowa R-15 has been com-
pleted and the City Engineer has
submitted his final estimate show-
ing the cost thereof including the
cost of estimates, notices, inspec-
tion, and preparing the assessment
and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$332,749.05.
That $0 of the cost thereof shall
be assessable upon private prop-
erty and $332,749.05 shall be paid
from the Urban Renewal Project
Expenditure Fund of the City of
Dubuque.
Passed, adopted and approved
this loth day of September, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved that the
resolution be adopted. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 329.74
WHEREAS, the contract for the
Town Clock Plaza, Phase 11, Sec-
tion 1 Downtown Urban Renewal
Special Session, September 16, 1974 481
project Iowa 11.15 has been com-
pleted and the City Manager has
examined the work and filed his
certificate stating that the same
has been completed according to
the terms of the contract, plans
and specifications and recommends
its acceptance. now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
and
City Manager be approved
that said improvement be and the
same is hereby accepted.
BE IT FURTHER RESOLVLD,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Urban Renew-
al Project Expenditure Fund upon
the above described improvement
in amount equal to the amount of
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 16th day of September, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
A ttest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann: Lundh,
Stackis.
Nays—None.
Passed, adopted and approved
this 16th day of September 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 330-74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIOUOR LICENSE
William O'Neill, dba Happy Hour
Tavern, 55 Locust Street
RESOLUTION NO. 331.74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEUI AS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause o be issued
to the following named applicants
a Liquor License.
CLASS ,C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
William O'Neill, dba Happy
Hour
Tavern, 55 Locust Street roved
Passed, adopted eptember 1974.
this 16th day
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion
of the resolution.Seconded
by Councilman Brady. Carried
by
the following vote:
Yeas — Mayor Thoms, council-
men Brady, .iustmann, Lundh,
Stackis.
Nuys --None.
482 Special Session, September 16, 1974
Communication of University of
Dubuque requesting permission to
conduct a fireworks display on the
evening of October 11th at their
Homecoming activities, presented
and read. Mayor Thoms moved that
the communication be referred to
the City Manager and City Solicitor
for investigation and report. Sec-
onded by Councilman Justmann.
Carried by the following vote:
Yeas —':Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
At 9:14 P.M., Mayor Thoms
moved to go into Executive Session
to discuss appointments to various
Boards and Commissions. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Council reconvened in Regular
Session at 9:20 P.M. Mayor Thoms
moved the appointment of Mrs.
Carl (Rachael) Maerschalk to the
Airport Commission for a 6 year
term, expiring 9-14-80, to fill the
expired term of Lester M. Harney.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, '
Nays—None.
There being no further business,
Councilman Justmann moved that
the meeting be adjourned. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved January 13 1975
Adopted January 13 1975
Special Sessiom September x_1974 483
CITY COUNCIL
OFFICIAL
Special Session, September 23,
1974.
Council met at 7:30 P.M. (C.D.T.)
Present — Mayor Thoms, Coon-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavanelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of con-
sidering an amendment to the Zon-
ing Ordinance so as to change lots
in Rolling Ridge Sub. N2, Lennox
Addn., Mattel -Brooks Addn. and
St. Anne's Sub. from Local Bosi-
ness "A" to Multiple Residence
District Classification and acting
upon such other business as may
properly come before a regular
meeting of the Council.
Communication of Low -Rent
Housing Commission submitting
minutes of their meeting of Sep-
tember 17, 1974, presented and
read. Councilman Lundh moved
that the communication be re-
ceived and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
Communication of Iowa Depart-
ment of Environmental Quality ad-
vising that the organizational
structure of the area is such to
require a contract between the
City, as the site operator, and the
governmental units participating
in the site of solid waste disposal,
presented and read. Councilman
Lundh moved that the communica-
tion be referred to the City Man-
ager, Engineering Department and
Area Council of Governments. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Attorney Den-
nis J. Naughton, representing Tim-
othy M. Allen of 1190 Southern
Ave., advising of the cave-in of a
City storm sewer crossing the rear
of their property which seems to
w of continuing nature and put-
ing the City on notice of their
vsponsibility as to accidents etc.
•esulting therefrom, presented and
•ead. Councilman Lundh moved
that the communication be re-
ferred to the City Manager, Engi-
neer and City Solicitor for investi-
gation and report. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Planning do
Zoning Commission submitting
minutes of their meeting held on
August 21, 1974, presented and
read. Councilman Lundh moved
that the communication be re-
ceived and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
September 18, 1974
Honorable Mayor
and City Council
I request permission to attend
the annual conference of the In.
iernational City Management As-
sociation.
The conference will be held Oc-
tober 13.17 in Dallas. Some of the
presentations planned for the con-
ference include Mass Transit, Re-
souce Recovery, Productivity, Citi-
zen Participation, Land Use and
Fire Service.
I also intend to send Mr. Mur-
ray to the conference. Chavenelle
Gilbert D.
City Manager
Councilman Lundh moved that
the communication be received
and filed and requestoilman approved.
Seconded b)' vote:
Carried by the following
Yeas — Mayor Thoms, council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
September 18, 1974
Honorable Mayor
and City returning Council
I am the petition of
Schiltz Development Corporation
for additional street lighting in the
West Hill Subdivision.
The area has been investigated
by the electrical inspector and it
484 Special Session, September 23, 197 4
is recommended that one 175 watt
mercury vapor light (on a boule-
vard type standard furnished by
subdivider) be installed between
Lots 4 and 5 in West Hill Subdi-
vision.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received and
filed and the recommendation be.
approved. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
September 20. 1974
To the Honorable Mayor and
Members of the City Council
I have approved the following
bond and desire to have your ap-
proval of same for filing.
SIDEWALK CONSTRUCTION
BOND
M. F. Goerdt Construction Co.
Bonding Surety U. S. Fidelity
and Guaranty Company, dated
August 16, 1974.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received
and filed and filing be approved.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
September 19, 1974
Honorable Mayor
and City Council
I herewith submit the reports
of the City Auditor, City Treasur-
er, Water Superintendent, Health
Department, as well as a list of
claims paid, for the month of Au-
gust 1974,
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received
and filed. Seconded by Council-
man Brady. Carried by the follow.
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Margaret &
Harris Schaller, in an undeter-
mined amount, for persunal inju-
ries received by Margaret Schaller
at the Flora Park pool as the result
of a fall on July 15. 1974, present.
ed and read. Councilman Lundh
moved that the Notice be referred
to the City Solicitor for proper
proceedings. Seconded by Council.
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing, to amend the Zoning
Ordinance so as to change Lots 1,
2, and 3 of Block 5 of Rolling
Ridge Subd. No. 2; Lots 408, 409,
and 410 of Lennox Addn.; Lots 1,
2, and 3 of Mettel-Brooks Addn.;
and Lot 2 of Lot 1 of Lot 1, Lot
1 of Lot 1 of Lot 1, and Lot 2 of
Lot 1 all in Block 1 of St. Anne's
Subd, from Local Business "A" to
Multiple Residence Classification,
presented and read. No written ob-
jections were received and no oral
objectors were present in the
Council Chamber at the time set
for the hearing. Mayor Thoms
moved that the proof of publica-
tion be received and filed. Sec-
onded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 56-74
An Ordinance Amending and
Changing Ordinance No. 3.34,
known as "The Zoning Ordi.
nance and Zoning Map of the
City of Dubuque, Iowa", so as
to change certain real estate
hereinafter described from Local
Business "A" District classifica-
tion to Multiple Residence Dis-
trict classification,
Said Ordinance having been pre-
viously presented and read at the
Council meeting of August 26,
1974, presented for final adoption.
ORDINANCE NO. 56-74
AN ORDINANCE AMLNDINC,
AND CHANGING ORDINANLL
NO. 3-34, KNOWN AS "THE
ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", SO AS -rO
CHANGE CERTAIN REAL ES-
TATE HEREINAFTER DESCRIB-
LD FROM LOCAL BUSINESS "A"
DISTRICT CLASSIFICATION TO
Special Session, September 23, 1974 4135
MULTIPLE RESIDENCE DIS-
TRICT CLASSIFICATION
Now THEREFORE BE 1'T OR-
DAINED BY THE CITY COUNCIL. OF
THE CITY OF DUBUQUE, IOWA.
section
known + ,'the Zoninnghat dtMap ea d Zoni R
Ordinance of the City of Dubuque In•
ws•• be and the same is hereby amended
by changing from "Local Business 'A'
District" classification to "Multiple Resi-
dence District" classification the follo—
ing described real estate, to -wit:
Lots 1, 2, and ) of Block S of Roll-
ing Ridge Subdivision No. 2; Lots
408, 409, and 410 of Lennox Addi-
tion; Lots 1, 2, and ! of Metiel-
Bnwks Addition; and Lot 2 of Lot
1 of Lot 1, Lot 1 of Lot 1 of Lot 1,
and Lot 2 of Lot 1 all in Block 1 of
St. Anne's Subdivision in the Citv of
Dubuque. Iowa.
Section 2. That the foregoing Amend-
ment has hereto -fore been approved bt
the Planning and Zoning commission of
the City of Dubuque, Iowa.
passed, approved and adopted this 23rd
day of September, 1974.
Allan T. Tbow
Mayor
C. Robert Justmann
James E. Bradv
Emil Sackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
Citv Clerk
Published officialiy in the Telegraph
Herald Newspaper this 26th day of Sep
tember 1974.
Lco F. Frommelt
city Clerk
It, v 26
Mavor Thoms moved final adop-
tion of the Ordinance. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
September 19, 1(74
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning commission has held
public hearing on the petition o
the YMCA -YWCA to include prop
erty at 1497 Dodge Street within
provisions of Article IV, Sectio
2(i) to permit its use as an off-stree
parking lot. This property is pres
ently classified in the Two Famil
Residence District.
The Commission has noted th
a Multiple Residence District
presently established on the ea
side of Nevada Street, and that
Is more appropriate to expand
this existing 2oninQ district to in-
clude the YMCA -YWCA property
than to establish a separate zon-
ing district for it. Therefore, the
Commission conducted its public
hearing on a proposal to expand
that zone to include not only the
property at 1497 Dodge Street, but
also the intervening property at
1481 Dodge Street, which now
contains an IOCO gas station as s
legal non -conforming use. This in-
tervening property is also present-
ly classified in the Two Family
Residence District. Legal descrip-
tions of both properties are con-
tained in the attached Ordinance.
No written or oral objection was
presented at the public hearing.
It is the view of the Planning and
Zoning Commission that the exist-
ing Multiple Residence zone on Ne-
vada Street should be expanded to
include the two properties, and
that both of them should be in-
cluded within provisions of sub-
paragraph (i) of that district to
permit their use as off-street
parking lots. This reclassification
represents no change to the legal
non -conforming use status of the
IOCO gas station. It is the unani-
mous recommendation of the Plan-
ning and 'Zoning Commission that
the proposed reclassification be ap-
proved.
City Planning and
'Zoning Commission
Daniel Dittemore
Development Planner
Mayor Thoms moved that the
communication be received
d
Councilman
filed. Seconded by the follow-
Justtnann. Carried by
ing vote:
Yeas — Mayor Thoms, Lundh,
Council-
men Brady, Justmann,
Stackis.
Nays—None.
AN ORDINANCE amending and
a changing Ordinance No. 3-34,
f known as "The `Zoning Ordinance
and Zoning Map of the City of Du
buque, lows," so as to change Lot
n 1 of 2 of Mineral Lot 158; and
t Lots 13 and 14 of '.Nevada Park Ro-
- subdivision from Two Family to
y Multiple Residence District Classi-
fication with inclusion in Section 2
at of Subsection (i) of Article e n
1s permit off-street parking, Present'
1
St ed and read. biayor Thoms moved
it that the reading just had be con.
488 Special Session, September 23, 1974
sidered the first. reading of the Or-
dinance. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lindh,
Stackis.
Nays—None.
Mayor Thoms moved that a pub-
lic hearing be held on the Ordi-
nance on October 14, 1974, at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and that the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Councilman Justmann, Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Mettel Realty & In-
vestment Co. requesting permis-
sion to install street lighting with
underground cable in Aurora and
Admiral Streets in Mettel-Byrne
Addn., presented and read. Mayor
Thoms moved that the petition be
referred to the City Manager and
Electrical Department for investi-
gation and report. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Dubuque Wa-Tan-Ye
Club requesting permission to sell
candy in the Town Clock Plaza on
October 5th to help Kidney Foun-
dation of Iowa, presented and
read. Mayor Thoms moved that
the petition be approved subject
to the approval of the City Man-
ager. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
Petition of John J. Duggan et al
(47 signers) objecting to the re-
moval of the fence around the wa-
ter reservoir at Burch and Third
Streets and also objecting to the
Installation of tennis courts, pre-
sented and read. Mayor Thoms
moved that the petition be re-
ferred to the Park Board for con-
sideration and report. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
September 19, 1974
Honorable Mayor and Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the petition of N. J. and
Christine Yiannias to voluntarily
annex property consisting of 1.936
acres more or less, located at the
northeast corner of the intersection
of Wacker Drive and U.S. High-
way 20 (Dodge Street). This proper-
ty is described as "Waechter Place
in Center Grove" in Dubuque
Township, Dubuque County, Iowa,
according to the recorded plat
thereof.
The Commission has found that
the property is contiguous to the
City limits of the City of Dubuque,
Iowa, and that municipal services
can be provided to the area. The
Planning and Zoning Commission
has recommended that the petition
be approved.
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
Mavor Thoms moved that the
communciation be received and fil-
ed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 332-74
WHEREAS, the owners of an
area immediately adjoining the
westerly City Limits of the City
of Dubuque, Iowa have petitioned
the City Council to be voluntarily
annexed to the City of Dubuque,
Iowa: and
WHEREAS, the inhabitants of
said territory will be enabled to
secure the benefits of City Govern-
Special Session, September 23, 1974
ment in the way of police and fire
protection if said territory is in-
corporated
corporated within the City limits
of the City of Dubuque, Iowa and
WHEREAS, the inhabitants of
said territory will he enabled to
secure water, and other municipal
services if said territory is incor-
porated within the City Limits of
the City of Dubuque, Iowa; and
WHEREAS. Section 362.30, 1973
Code of Iowa, authorizes the exten-
sion of City Limits in situations
of this character by the adoption
of a resolution therefor: and
WHEREAS, the future growth
development and preservation of
the public health of the City of
Dubuque, Iowa, makes it impera-
tive that said territory be made a
part of the City of Dubuque, Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL.
OF THE CITY OF DUBUQUE.
IOWA:
Section 1. That the territorial
limits of the City of Dubuque. Iowa
be and they are hereby extended
to include the area comprising the
following described real estate:
Waechter Place in Center Grove
in Dubuque Township, Dubu•
que County, Iowa, according to
recorded plat thereof.
(containing 1.936 acres)
copy of which plat is attached here
to and by reference made a part
hereof, the boundaries of said arca
being outlined in red thereon.
Section 2. That the City Clerk
be and he is hereby authorized and
directed to record a certified copy
of this Resolution together with the
plat attached thereto in the office
of the recorder in and for Du-
buque County, Iowa.
Section 3. That said territory be
and the same shall be in and be-
eome part of the Nineteenth voting
precinct of Dubuque, Iowa.
Passed, approved and adopted
this 23rd day of September, 1974,
Allan T. Thoms
Mayor
James F. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
cilman Lundh. Carried
following vote:
Yeas — Mayor Thoms,
men Brady, Justmann,
Stackis.
Nays—None.
Mayor Thoms moved adoption of
the resolution. Seconded by Coun•
487
b y the
Council-
Lundh,
August 30. 1974
Ilonorable Mayor and Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of the "Char-
les E. Eickert" Subdivision in Du-
buque Township, Dubuque County,
Iowa. This proposed Subdivision
lies outside the corporate '.imits of
the City of Dubuque, but within
the 2 -mile jurisdictional perimeter
for review of subdivision plat; as
specified in Chapter 409.14, Code
of Iowa.
The Commission has reviewed
the proposed Subdivision plat in
relation to the Dubuque County
Land Use Plan, as formulated by
the Metropolitan Area Planning
Commission and as approved by
the Dubuque: County Board of Sup-
ervisors and has found the Sub-
division to be an appropriate de-
sign for this area. The City of
Dubuque Planning and Zoning
Commission has recommended
your approval of the final plat of
"Charles E. F.ickert" Subdivision.
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
Councilman Brady moved that
the communication be received and
filed. Seconded by Mayor Thoms.
Carried by the following vote:
yeas -- Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays -- Councilman Justmann.
RESOLUTION N0. 333.74
WIIEREAS, there has been filed
with the City Clerk a plat in which
the subdivision of I.,ot 1 of Lot 1 of
Lot I of Lot 1 of Lot l Of Lot 1
of Lot 1 of Lot 1 of Lot 1 of Lot
No. 28 in Section 2, Township 89
North, Range 2 East of the 5th
P.M., being in Dubuque Township,
Dubuque County, Iowa. is platted
as Lots 1 through 18 inclusive of
"Chas. E. Eickert Subdivision" in
Section 2, Dubuque Township, Du-
buque County, Iowa; and
WIIF.REAS'said plat has been
examined by the C Dubuque
Plan-
ning & Zoning
has its approval endorsed thereon;
and
488 Special Session, September 23, 1974
R-HEREAS, said plat has been
examined by the City Council and
is found to conform to the statute;
and ordinances relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa. as fol-
lows:
Section 1. That the above de-
scribed plat be and the same is
hereby approved and the Mayor
and Clerk be and they are hereby
au.horized and directed to endorse
the approval of the City upon said
plat.
Passed, adopted and approved
this 23rd day of September, 1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin F. Lundh
Councilmen
Attest:
Leo F. Frommelt.
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady. Lundh, Stackis.
Nays — Councilman Justmann.
RESOLUTION N0. 334.74
WHEREAS, applications for Beer
permits have been submitted to
this Council for approval and the
same have been examined;
NOW TITERFFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing, applications be granted and
permits issued upon the compli-
ance with the terms of the Ordin-
ances of the City.
CLASS "S" BEER PERMIT
Holy Trinity Church also Sunday
Sales. 1700 Rhomberg Avenue
Theodore J. Ferring, 385 Fast 13th
Street
CLASS "C" BEER PERMIT
Nash Finch Company, dba Ware
house Market, John F. Kennedy
Road
Passed, adopted and approved
this 23rd day of September 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh.
Nays—Councilmen Brady, Stack.
is.
RESOLUTION NO. 335.74
WHMEA.S, applications for Beer
Permits were filed b% the within
named applicants and they hate
received the approval of this Coun.
cil: and
WHEREAS. the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bends:
NOW T lKRF'0RE BE 1T RF -
SOLVE) by the City Council of
the City of Dubuque. Iowa, that
the Manager be authorized to cause
to be issued to the following nam
ed applicants a Beer Permit.
CLASS "B" BEER PERMIT
lfoly Trinity Church. also Sunda >
Sales, 1700 Rhomberg Avenue
The ldore J. Ferring, 385 East 13th
Street
CLASS "C" BEER PERMIT
Nash Finch Company, dba Ware-
house Market, John F. Kenned,,
Road
Passed, adopted and approved
this 23rd day of September 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms. Council-
men Justmann, Lundh.
Nays --Councilman Brady, Stack.
is.
RESOLUTION NO. 336.74
WHEREAS. applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa that the
following applications be approved
and licenses issued upon the com-
pliance with the provisions of
Chapter 131, Acts of the First Reg-
ular Session, 64th General Assem-
bly.
Special Session, September 23, 1974 489
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Bessie Sfikas, 926 Main Street
Duane C. Koeller, also Sunday Sal-
es, 1701 Asbury Street
passed, adopted and approved
this 23rd day of September 1974
Allan T. 'Thoms
Mayor
James F. Brady
C, Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote.
Yeas — Mayor Thoms, Council-
men Brady, 3usimann, Lundh.
Stackis.
Nays — None.
RESOLUTION NO. 337.74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and the>
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspe etPd and found to comply
with the State Law and all Cite
Ordinances relevant thereto and
they have filed proper bonds,
NOW TITEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is.
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Bessie Sfikas, 926 Main Street
Duane C. Koeller, also Sunday Sal
es, 1701 Asbury Street
Passed, adopted and approved
this 23rd day of September 1974
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
('ouncilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption o'
the resolution. Seconded by ('oun
cilman Lundh. Carried by the fol
lowing note:
Yeas _ Mayor Thorns, Council
men Brady, Justmann, Lundh,
Stackis.
Nays — hone..
RESOLUTION NO. 338.14
WHEREAS, September 2.1, 1974
has been fixed as the time for
special election for the electorate
to vote upon the following proposi-
tions which are as follows:
"SHALL THE FOLLOWING
PUBLIC MEASURE BE ADOPTED'.
Shall the City of Dubuque, Iowa,
acquire lands and establish, con-
struct and equip a recreation
building thereon in said City'"
and
-SHALL THE FOLLOWING
PUBLIC MEASURE BE ADOPTED'
Shall the City of Dubuque, Iowa,
acquire lands and establish, con-
struct and equip a recreation
building thereon in said City
and contract indebtedness for
such purpose not exceeding
82,500,000 and issue bonds for
such purpose not exceeding $2,-
50u,00U and levy a tax annually
upon the taxable property in said
City of Dubuque not exceeding
three and one-half mills per an-
num for the payment of such
bonds and the interest thereon?"
WHEREAS, the City Council of
the City of Dubuque, Iowa, has not-
ed and observed considerable pub-
lic discussion and public debate
concerning the relative merit; of
the Five Flags in its present loca-
tion as well as the proposed Ice
Skating Rink at its presently pro-
posed location: and
WHEREAS, in truth and in fact.
the proposition to be submitted to
the electorate is based upon, and
premised on, such two facilities in
terns of a recreation building and
in determining the location of such
m -creation building, the location of
the facility, together with the pro-
posed uses thereof, was evaluated
in the relation of such facility 0
the entire community wi'h particu-
lar emphasis to its critical effect
upon the downtown Poron
community.
WHEREAS, the City Council of
the City of Dubuque, Iowa desires
to go formally on record urging all
electors to
,vote their co
at such sPec al election to belnnsheld
on September 24, 1974.
NOW THEREFORE BE ITRE"
SOLVED BY THE CITY
COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
490 Special Session, September 23, 1974
Section 1: That the City Council
of the City of Dubuque, Iowa, form-
ally goes on record urging all of
the electors of the City of Dubu-
que, Iowa to "vote their convic-
tions" at the Special Election to be
held in the City of Dubuque, Iowa,
on September 24, 1974.
Section 2: That the City Council
of the City of Dubuque, Iowa, urges
all electors to give considered
weight to the fact that the Recrea-
tion Building, as conceived by the
City Council, is contemplated, de-
signed and framed in terms of im-
plementing the overall growth and
development of the City of Dubu-
que with particular emphasis on
improving the tax base in the arca
of strongest immediate need, and
accordingly, the electorate is re-
spectfully asked to consider voting
affirmatively on two propositions.
Passed, approved and adopted
this 23rd day of September, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of D u b u q u e
Packing Co. by Alfred Hughes at-
torney, requesting an amendment
to the Zoning Ordinance of Article
VIII - Heavy Industrial District,
Section 1 - Use Regulations, pre-
sented and read. Councilman Stack -
is moved that the communication
be referred to the Planning & Zon-
ing Commission to request a spec-
ial meeting to set a public hear-
ing. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Coune l -
men Justmann, Lundh. Stackis.
Nays — Councilman Brady.
There being no further business,
Councilman Stackis moved to ad-
journ the meeting. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays — None.
Leo F. Frommelt,
City Clerk
Approved January 13 1975
Adopted January 13 1975
Councilmen
Clerk
Special Session, Sept(mber 30, 1974 491
CITY COUNCIL
OFFICIAL
Special Session, September 30,
1974.
Council met at 7:30 P.M. (C.D.T.)
Present—Mayor Thoms, Council-
men Brady, Justmann, Lundh. City
Manager Gilbert D. Chavenelle.
Absent - Councilman Stackis.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting is
called for the purpose of Conduct-
ing a public hearing on the City
Manager's Report on the condition
of the property located at 759 Hill
Street and acting upon such other
business as may properly come be-
fore a regular meeting of the
Council.
Proof of Publication, certified to
by the Publisher, of Notice of
Special Electionon Recreation
Building proposal, presented and
read. Mayor Thoms moved that the
proof of publication be received
and filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Proof of Publication, certified to
by the Publisher, of Sample Ballot
on Recrea,ion 13uild,ng eropuzai,
presented and read. Mayor Thoms
moved that the proof of publication
be received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis
DUBUQUE CITY SPECIAL BON'.-
ELECTION --SEPTEMBER 24, 1974
State of Iowa ) ss
County of Dubuque )
I, Harold P. Meloy, County Aud-
itor and Commissioner of Elections.
do hereby certify that on Tuesday.
the 24th day of September, 1974 in
Dubuque, Iowa an election was
held on the following two proposi-
tions to -wit: "Shall the City of Du-
buque, Iowa, acquire lands and es-
tablish, construct and equip a rec-
reation building thereon in said
City?" amt "Shall the City of Du-
buque, Iowa, acquire lands and es
tablish, construct and equip a rec-
reation building thereon in said
City and contract indebtedness for
such purpose not exceeding $2,500,-
000 and issue bonds for such pur-
pose not exceeding $2,500,000 and
levy a tax annually upon the tax-
able property in said City of Dubu-
que not exceeding three and one-
half mills per annum for the pay-
ment of such bonds and interest
thereon?"
1 further certify that an official
canvass of said election was held
in the Dubuque County Court
House, Dubuque, Iowa on Monday,
the 30th day of September, 1974.
Present at said canvass were Ray
Scherrman, Chairman of the Du-
buque County Board of Supervis-
ors and Dallas L. Murphy, Board
member. Also present was Leo J.
Chambers, Deputy Commissioner of
Elections, Dubuque County.
I further certify that there were
seven thousand nine hundred fifty-
two (7,952) ballots cast, of which
three thousaand six hundred fifty-
seven (3,657) votes were for the
proposition, (Yes): "Shall the City
of Dubuque, Iowa, acquire lands
and establish, construct and equip
a recreation building thereon in
said City?", and four thousand two
hundred ninety-five (4,295) votes
were against the proposition, (No),
and that there were no blank or
defective ballots, the tabulation of
Which i.; identified herein be] 'w
as Proposition Number Four (#4).
I further certify that there were
seven thousand nine hundred forty.
one (7,941) ballots cast, of which
three thousand five hundred twen-
ty-seven (3,527) votes were
e et for the
proposition. (Yes):
of Dubuque, Iowa, acquire lands
and e0ablish, construct and equip
a recreation building thereon in
said City and contract Indebted•
ness for such purpose not ex•
ceeding $2' 5o0,000 an issuot ic ee nds
for such P p
ing
$2,500,000 and levy tax a inin
upon the taxable Pro:
nuallf
exceeding
City of Dubuque not three and one-half mills per an.
num for the payment of such bonds
nd four
thousand clrest
fc four hundred of urteen
posits 1 vote, µ'and that therethe
were
position, ( ).
no blank or defective ballots, the
tabulation of which is identified
herein below as Proposition Num-
ber Eight (#81.
492Special Session, September 30, 1974
In testimony, whereof, I have
hereunto set my hand and the Seel
of Dubuque County this 3oth day
of September, 1974.
Harold P. Meloy,
Commissioner of
]Slee , ions
Dubuque County. Iowa
Proposition #f4
Precinct Yes No
Total No.
Proposi. Proposi• of Persons
tion #4 tion #8 Voting by
Precinct Yes No Yes No Precinct
1 124 183 114 193 319
2 80 80 79 81 171
3 70 162 66 ltd 243
4 209 231 199 241 451
5 76 130 69 129 208
6 107 140 101 142 250
7 81 107 80 107 192
8 69 129 64 134 204
9 102 82 104 86 198
10 133 121 124 127 266
11 166 216 163 212 388
12 203 148 198 151 360
13 221 236 217 241 466
14 148 170 146 178 332
15 170 162 166 165 338
16 163 214 153 229 383
17 218 254 209 261 485
18 140 182 136 189 329
19 2D4 227 200 230 437
20 162 192 157 193 358
21 154 193 142 201 351
22 121 177 111 185 304
23 123 223 117 228 353
24 187 198 190 191 389
25 185 97 181 110 298
Absentee 41 41 41 41 82
Totals 3,657 4,295 3,527 4,414 8,155
Percentages
45.99% 54.01% 44.42% 55.58'h,
We, the undersigned members of
the Board of Supervisors of Du-
buque County, lows, and ex -officio
Board of Canvassers for said Coun-
ty, do hereby certify that the above
Is a true and correct abstract of the
Votes +cast at the Dubuque City
Special Bond Election held Septem-
ber 24, 1974 for the bond proposi-
tions as shown above by the official
canvass of the returns from the
city election precincts.
In testimony, whereof, we have
hereunto set our hands and caused
this to be attested to and sealed
by the County Auditor as Com-
missioner of Elections, this 30th
day of September, 1974.
Attest:
Harold P. Meloy,
County Auditor and Commis-
sioner of Elections
Ray Scherrman, Chairman of the
Board of Supervisors
Dallas L. Murphy, Member
Leo J. Chambers, Deputy
Commissioner of Elections
Mayor Thoms moved that the
County Auditor's Report be receiv-
ed and filed and made a matter of
record. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Communication of League of
Women Voters commending the
joint efforts of the City Council
and the Dubuque County Board of
Supervisors for the display of un-
ity at the recent joint meeting to
investigate County zoning, present-
ed and read. Mayor Thoms moved
that the communication be receiv-
ed and filed. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Communication of DACCCR, Rus-
sell Nash, President, advising of a
meeting to be held at St. Mark's
Lutheran Church on October 9th at
8 P.M. to help solve the housing
crisis in the City, presented and
read. Mayor Thoms moved that the
communication be referred to the
Low -Rent Housing Commission.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Proof of Publication, certified to
by the Publisher, a Statement of
Receipts, Disbursements and List
of Claims for August, 1974, present-
ed and read. Mayor Thoms moved
that the proof of publication be
received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
September 16, 1974
To the Honorable Mayor
And CityccCouncil
In accordance with Ordinance
Number 51-56, I recommend that
Spacial Session, September 30, 1974 _413
the City Council app
-'ove the tran+-
fer of the following Special Assess-
ment Accounts to the Special As,
sesmcnt Reserve Account ay hereto
set forth:
Account Amount
Number Description
1230 1960 Curb &
Gutter Project $95.72 CH.
1234 1961 Curb do 138.94 CR
Gutter Project
1235 1961 Bituminous 522.91 CR.
Paving Project
1297 1962 Hot Mix 224.29 CRj
TOTAL TRANSFER $1,811.86 CR.
The purpose of the above request
is to close out inactive Special A-
sesament aced D '
G.
Chavenelle,
City Manager
Alayor Thom', moved that the
con1municutiun be received
and
filed and request he approved.
Seconded by Councilman Ju -it -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh.
Nays — None.
Absent -- Councilmnn titackis.
September 25, 1974
Ponorable Mayor
and Cite Council petition of
I am returning the Pe
Mettel Realty and Investment
Company requesting street lighting
on Aurora Street and Admiral
Street in Mettel Byrne Addition.
The area has been investigated
by the electrical inspector and it is
recommended that three 175 watt
mercury vapor fixtures be installed
at the following locations:
1. On west property line of Lo
11 in Block 8
2. Between Lots 6 and 7 in Bluc
9
3. Between Lots 2 and 3 it
Block 8
your approval of these install
tions is requested.
Gilbert D. Cttavenell
City Nianager
Mayor Thoms moved that th
communication be received and fi
ed and rocommendation be appra
ed. Seconded by Councilman Ju
mann. Carried by the follows
vote:
Yea. — Mayor 'I,httms. t'ounc
men Brady. Justmann, Lundh.
Nays -- None.
Absent -- Councilman Stack
August 23, 1974
lionorable Mayor and Councilmen
At your request, the Dubuque
Planning and Zoning Commission
ha, rr: iewed the matter of the
Dorrance Pitz petition as referred
to the Commision on March 26.
1973 and which had requested the
deletion of the professional office
classification as it pertained to
property on the west side of Bluff
Street between West Third Street
and West Fifth Street in the City
of Dubuque, low&.
The Commission has reviewed
this matter as it was set forth in
our staff's letter to you of July
19, 1974. In consideration of the
circumstances described in that
letter, the Commission has voted
unanimously to enter its formal
response to the Pitt petition as a
recommendation that it be denied.
City Planning and
Zoning Commission
paniel Dittemore
Development planner
Councilman Brady moved that
the eotnmuricatlon be received and
filed and referred to the Council
for review rt th" ('ounc" mee'ing
of oetober 14, 197! SeeonBad by
Councilman Justmann, Carried by
the following vote:
Yeas --- Mayor Tho q, Council-
men Brady. Justmann,
Nays -- None.
Absent _ Councilman Stackis.
Notice of Suit of Martha O'Neal,
in the amount of $1500 for per-
sonal injuries received in a fall at
98 i, prIj esented
ented andtreet on Sread Council-
eptember 27,
1972, V
mato Justmann moved that the Not-
t ice be referred to the City
Solicitor
for proper Proceeding'
k conded
by Mayor Thorns. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men BradyNanetmann, Lundh,
a. Nay's —
Absent — Councilman Stackis.
e lllptiCC of ('lain, of Leroy L.
Meyer,for
bg expense
x sin ncurred as the
e plumbing a pesewer at
l- result u a plugged -111n, a tember
v- 1425 Curtis Street on September
at 20, 1974, presented and read. Coon
ng oilman Justmann moved that the,
he ity Sol-
otice be rete r d toeedingti Sec-
er
onded by or
1 ichor for pMaypTchom$, Carried
by the following vote:
N Yeas
Mayor Thoms, Council
494 Special Session, September 30, 1974
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
September 25, 1974
Honorable Mayor
and City Council
Attached is an ordinance amend -
Ing the Traffic Code, repealing
sections having to do with that
section of Maple Street transferred
to private ownership.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that the communication be receiv-
ed and filed. Seconded by Mayor
Thorns. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent -- Councilman Stackis.
ORDINANCE NO. 57.74
An Ordinance Amending Ordi-
nance No. 33.49 known as 'The
Traffic Code of Dubuque, Iowa"
as amended by rep -sling Sub-
section 95 of Schedule VI there-
of which prohibited parking of
motor vehicles on the east side
of Maple Street from Sixteenth
Street to Seventeenth Street,
presented and read.
Councilman Brady moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Lundh.
Curried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays—None,
Absent—Councilman Stackis.
Councilman Brady moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis,
ORDINANCE NO. 57.54
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 KNOWN
AS "THE TRAFFIC CODE OF
DUBUQUE, IOWA" AS AMEND-
ED BY REPEALING SUBSECTION
9I OF SCHEDULE VI THEREOF
WHICH PROHIBITED PARKING
OF MOTOR VEHICLES ON THE
EAST SIDE OF MAPLE STREET
FROM SIXTEENTH STREET' TO
SEVENTEENTH STREET.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa" as amended be and the same is
hereby amended as follows:
Subsection 93 of Schedule VI of Or-
dinance No. 33-49 be and the same
is hereby repealed.
Passed, approved and adopted this 30th
day of September, 1974.
Allan T. Thorns
Mayor
James E. Brady
Alvin E. Lundh
C. Robert Justmann
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 3rd day of Octo-
ber 1974.
Leo F. Frommelt
City Clerk
It. 10-3
Councilman Brady moved final
adoption of the Ordinance. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Nays—None.
Absent—.Councilman Stackis.
September 19, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on its proposal
to reclassify certain portions of
the "Key Knolls Subdivision" in
the City of Dubuque, Iowa, from
Multiple Residence District to Sin-
gle Family Residence District. The
area proposed for reclassification
is shown on the attached diagram.
Legal descriptions of properties in-
cluded within the proposed change
are contained within the attached
reclassification ordinance.
The Commission has noted that
the original zoning district was es-
tablished on this portion of "Key
Knolls Subdivision" shortly after
its annexation in 1960. The devel-
opment that proceeded from that
point has produced an indiscrimi-
nate mixture of single family and
multiple residence structures in
the area, but the zoning district
was sustained on the property
to permit development of a pro-
posed large-scale townhouse proj•
ect. Earlier this year, the devel-
oper had abandoned those plans
and had committed most of the
Special Session, September 30, 1974 495
remaining undeveloped portion of
proposed toreclaseii cationuse. The
would
have a material affect only upon
the undeveloped frontage of the
north side of Keystone Drive.
The Commission is aware that
the character of the surrounding
neighborhood has now been estab-
lished in an orderly and uniform
pattern of single family use. Con-
tinuation of the multiple residence
zone in this area does not con-
form to the policies of the Plan-
ning and Zoning Commission for
location of higher -density housing
types, The Commission has also
noted that there is no inherent
difficulty in using the north front-
age of Keystone Drive for single
family purposes.
It is the unanimous recommen-
dation of the Planning and Zoning
Commission that the portions of
"Key Knolls Subdivision" outlined
on the attached diagram should
now be. reclassified to Single Fam-
ily Residence District.
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thorns, Council
men Brady, Justmann, Lundh.
Nays—None.
Absent --Councilman Stackis.
AN ORDINANCE amending and
changing Ordinance No. 3-34,
known as "The Zoning Ordi•
nanee and Zoning Map of the City
of Dubuque, Iowa," so as to change
Lot B, Lot C, and Lot D of Block
12, Lots 3 through 22, inclusive,
of Block 13; all of Block 13-A; Lots
1 through 5, inclusive, of Block
14; Lots 8 through 13, inclusive, of
Block 14; Lots 9 through 14, inclu-
sive, of Block 14-A; Lots 1 through
13, inclusive, of Block 15; Lots 1
through 12, inclusive, of Block 16;
all in "Key Knolls Subdivision",
Section 21, T89N, R2E, of the 5t
P.M., all in the City of Dubuque
Iowa; and Lot 2 1-1 i 1 1.1 1 of th
Northwest V4 of the Southeast Y
of Section 21, T89N, R2E of th
5th P.M., all in the City of Du
buque, Iowa; from "Multiple Resi
dense District" Classification to
"Single Family Residence District"
classification, presented and read.
Mayor Thorns moved that the read•
ing just had be considered the first
reading of the Ordinance. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Staclus.
Mayor Thorns moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Nays.—None.
Absent—Councilman Staciris.
Mayor Thorns moved that a pub-
lic hearing be held on the Ordi-
nance on October 21, 1974, at
7:30 P.M. in the Council Chamber
at the City Hall and that the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Absent --Councilman Stackis.
September 19, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Plan-
ning and Zoning Commission issiin lum
reviewed a proposal
de
property recently annexed to the
City of Dubuque, Iowa, in the Sin-
gle Family Residence District clas-
sification. This property is de-
scribed as Lot 2 of Lot 1 of the
N WV4, NW Fractional V41 c-
tion 2, T88N, R2E of the 5th
P.M.; and Lot 2 of Lot 1 of Lot 1
of the NE '/4, NW Fractional
5tb
Section 2, T88N, R2E,
P.M. all in the City of Dubuque,
Iowa, an extension of Valentine
Drive; and Lot 2 of the SSE Y4 f
the SE 1'4 of Section 34,
h of the 5th P.M., in the City of
Dubuque, Iowa, an extension of
e June Drive.
4 The Planning and Zoning Com-
e
Single has Family determined
dence t District
classification is appropriate for
496 Special Session, September 30, 1974
:hi: property and recommends
your favorable consideration of the
attached Ordinances.
City Planning and
Zoning Commission
Daniel Dittemore
Developmznt Planner
Mayor Thoma moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the fAlowring
vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann. Lundh.
Nays—None.
Abient ---Councilman Stackis.
AN ORDINANCE zoning and
classifying Lot 2 of Lot 1 of the
Northwest V4, Northwest Frac-
tional 1/4, Section 2, T88N, R2E;
and Lot 2 of Lot 1 of Lot 1 of
the Northeast 1/4, Northwest Frac-
tional %, Section 2, T88N, RZE
of the 5th P.M., all in Table
Mound Township, Dubuque Coun-
ty, Iowa, consisting of 1.261 acres
more or less, as a "Single Family
Resideaee District", (Henschel)
presented and read. Mayor Tboms
moved that the reading just had
be considered the first reading of
the Ordinance. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Couneil-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Tboms, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
Mayor Thorns moved that a pub.
lic hearing be held on the Ordi-
nance on October 21, 1974, at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and that the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded
by Councilman Brady. Carried by
the following vote:
Was — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays --Nurse,
Absent --Councilman Stackis.
AN ORDINANCE zoning and
classifying Lot 2 of the Southeast
Y4 of the Southeast V4 of Section
34, T89N, R2E of the 5th P.M.,
in Table Mound Township, Du-
buque County, Iowa, consisting of
14.06 acres, more or less as a "Sin-
gle Family Residence District"
(Henschel), presented and read.
Mayor Thorns moved that the read-
ing just had be considered the first
reading of the Ordinance. Second-
ed by Councilman Brady. Carried
by the following vote:
Teas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
Mayor Thorns moved that the
rule requiring an Ordinance to
read on three separate days be
waived. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
man Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stacki`.
Mayor Thorns moved that a pub-
lic hearing be held on the Ordi-
nance on October 21, 1971, at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and that the
City Clerk be instructed to pub
lish notice of the hearing in the
manner required by law. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Navy—Norge.
Absent—Councilman Stackis.
September 27, 1974
Honorable Mayor and
City Council
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on the petition
of Roger Klauer and others re-
questing zoning re-classification of
certain portions of C. J. Bies Sub-
division from Single -Family Resi-
dence District to Local Business
"B" District. Such requested area
is illustrated on the attached Ex-
hibit "A".
At the public hearing, the staff
reported its concerns for unre-
solved sewer service and traffic
circulation problems in the Bies
Drive area, and had recommended
a plan for adjusting the street
pattern so that improved circula-
Special Session, September 30, 1974
tion could be provided in the vi-
cinity of Kennedy Mall, and so
that the westridge Subdivision-
Bics Drive area could be isolated
from through -traffic. It was also
acknowledged that the petitioners
properties would be less suited to
residential use after the street pat-
tern had been modified and that
Local Business "B" classification
would provide for appropriate use
of those parcels. It was the unani-
mous recommendation of the Com-
mission, "that the City Council
should approve the zoning re-clas-
sification at such time as suitable
agreements were obtained which
would aosure the closing of Kebbie
and Bies Streets and the extension
of Stoneman Road through the
area."
We are advised that such agree-
ments have now been concluded
to secure the proposed street sys-
tem modifications on the south-
ern portion of the area included
in the original reciassification re-
quest. It is, therefore, our recom-
mendation that "Local Business
"B" District classification now be
establisted on Lots 5. 6 and 7 of
Block 2 and Lots 5, 6. 7, 8. 9 and
10 of Block 3, all in C. J. Bies Sub-
division.
City of Dubuque Planning
and Zoning Commission
Daniel Dittemore
Development Planner
Mayor Thomi moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms. Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
4?
reading of the Ordinance. Second.
ed by Councilman Brady. Carried
by the following vote:
Yeas — Mayor Thome, Council.
men Brady, Justmann, Lundh.
Nays --None.
Absent ---Councilman Stackis,
Illayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas --- Alayor Thoms, Council-
men Brady. Justmann, Lundh.
Nays—None.
Abient --Councilman Stackis.
Mayor Thoms moved that a pub-
lic hearing be held on the Ordi-
nance on October 21, 1974, at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and that the
City Clerk be instructed to pub-
lish notice of the hearing in the
manner required by law. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays --None.
Absent—Councilman Stackis.
petition of F. N. Smith Construc-
tion Inc., requesting permission
to excavate for sewer and water
service at 1555 J. F. K. Road, pre-
sented and read. Councilman
l,undh moved that the request he
approved. Seconded by Mayor
Thoms. Carried by the following
vote:
I Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
Petition of tTniversity of Du-
buque Alpha Phi Omega Frater-
nity, requesting perrnission to so-
licit funds to provide relief to
PSfi in
AN ORDINANCE amending and
the victims of Hurricane
British Honduras, presented and
changing Ordinance No. 3-34 i
known as "The 'honing Ordinance
read. Alayor Thoms moved that
the
and Zoning Map of the City of
the petition be referred to
and co -
Dubuque, Iowa" so as to change j
t'IU' ylxnager for review
Setonded by Council -
Lots 5, 6, and 7 of Block 2; and
I
ordination.
man Brady. Carried by the follow -
Lots 5, 6, 7, 8,, 9 and 10 of Block
3, all in 'Y`. J. Bies Subdivision"
ing vote:
Yeas — Mayor Thoms, Council -
in the City of Dubuque, Iowa, from I
"Single
Brad)Justmann, I,undh.
Family Residence District"
men
Nays --None.
classification to "Local Buiine,ss
"B"
Ab;ent_-.-Councilman Stackis.
District" Classificat,ion (Klan.
Petition of Francis Becker' et
er), presented and road. Mayou
Thoms moved that the reading
al (19 signers) objecting to the
'Tavern kr
lust had be ewiiidered the first
boisterous conduct at
498 Special Session, September 30, 1974
cated at 1900 Central Ave. at clos-
ing time, presented and read.
Councilman Justmann moved that
the petition be referred to the
City Manager for investigation and
report. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
Petition of JoeTauke et al (12
signers) requesting the extension
of North Glen Oak St. from pres-
ent dead-end at 1900 North Glen
Oak St. to Rosedale Ave., pre-
sented and read. Councilman Brady
moved that the rules be suspended
in order to let anyone present
address the Council if they so de-
sire. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent -councilman Stackis.
Joe Tauke and Paul Ries ad.
dressed the Council relative to the
petition. Mr. Tauke expressed that
the expense for the extension
should be borne by the City, as it
is not a private proposition. Mayor
Thoms moved that the Petition
be referred to the City Manager
and City Solicitor for considera-
tion and recommendation. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent --Councilman Stackis.
Proof of Publication, certified to
by the Publisher, of Notice of
Hearing to consider the City Man-
ager's report on the condition of
the property located at 759 Hill
Street, presented and read. No
written objections were received.
Mayor Thoms moved that the proof
of publication be received and
filed. Seconded by Councilman
Lundh, Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent --Councilman Stackis.
RESOLUTION NO. 339.74
WHEREAS the City Manager has
reported to the City Council that
the buildings and premises located
on Lot 19 and Lot 20 of Roger's
Sub., City of Dubuque, Dubuque
County, Iowa, are dangerous to
life and health because of their
condition and that demand has
been made by him upon Julien
Improvement Company, 1523 Cen-
tral Avenue, Dubuque, Iowa 52001,
as owner of said property, that
the conditions complained of be
corrected and that said owner has
failed to correct the conditions
within the time provided by the
notice; and,
WHEREAS on September 9,
1974, the City Council set said re-
port down for hearing at 7:30
o'clock P.M. Central Daylight
Time September 30, 1974, in the
City Council Chamber in the City
Hall in the City of Dubuque, Du-
buque County, Iowa, and directed
the City Clerk to give notice of
said hearing; and,
WHEREAS it appears by return
of service now on file in the rec-
ords of the City Council that no-
tice of said hearing was given by
serving by Registered Mail on
September 11, 1974, and by publi-
cation in the Telegraph -Herald
newspaper on September 12, 1974,
and,
WHEREAS pursuant to said no-
tice on order of the City Council
a public hearing was held at 7:30
o'clock P.M. Central Daylight Time
on September 30, 1974, in the City
Council Chamber in the City Hall
in the City of Dubuque, Dubuque
County, Iowa, at which time the
owner of the above described
real estate was afforded an op-
portunity to be heard and wit-
nesses concerning the condition
of the property and the hazard
were heard; and,
WHEREAS the Council has duly
considered the testimony of the
witnesses and viewed the premises
and has reached its determination.
NOW, THEREFORE, BE IT RE.
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the structure
known as 759 Hill Street, legal-
ly known as Lot 19 and Lot 20 of
Roger's Sub., in the City of Du-
buque, Dubuque County, Iowa, be
and the same is hereby found and
declared to be dangerous to life,
Special Session,
September 30, 1974 499
health and property and a nu -
sance,
section 2. That the City Man-
ager be and he is hereby author-
ized and directed to cause the
structure known as 759 Hill Street,
legally known as Lot 19 and Lot
20 of Roger's Sub., in the City of
Dubuque, Dubuque County, Iowa,
to be dismantled and removed.
Section 3. That upon completion
of said work, the City Manager
shall certify the cost thereof to
the City Clerk.
Section 4. That upon receipt of
said certificate of coat from the
City Manager, the City Clerk shall
thereupon certify said cost to the
County Auditor of Dubuque Coun-
ty, Iowa. and it shall be col-
lected with and in the same man-
ner as general property taxes.
Section S. That the City Clerk
be and is hereby directed to re-
cord a certified copy of this Res-
olution in the office of the County
Recorder of Dubuque County, Iowa.
Passed, adopted and approved
this 30th day of September, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution as amended to
grant a 30 day extension with re-
port to the Coun,,il. Seconded by
Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
Proof of Publication, certified
to by the Publisher, of Notice
to Contractors of the receipt of
proposals for the construction of
the Century Drive and Bies Drive
8 inch Sanitary Sewer, presented
and read. Mayor Thorns moved
that the proof of publication be
received and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
September 26, 1974
To the Honorable Mayor
and City Council
Pursuant to your instructions,
sealed proposals were received un-
til 10:00 a.m., Thursday, Septem-
ber 26, 1974 for the Century Drive
and Bies Drive 8 inch Sanitary
Sewer.
The lowest bid was entered by
Tschiggfrie Excavating of Du-
buque, Iowa. Their bid was 5.17%
below Engineer's Estimate.
I recommend that the contract
for the improvement be awarded
to the Tschiggfrie Excavating Com-
pany.
Gilbert D. Chavenelle
City Manager
Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Nays—None.
Absent—Councilman Stackis.
fANNarding Contract)
RESOLUTION NO. 340.74
WHEREAS, sealed proposals
have been submitted by contractors
for the construction of CENTURY
DRIVE and BIES DRIVE 8 inch
SANITARY SEWER pursuant to
Resolution No. 320.74 and notice
to bidders published in a news-
paper published in said City on
September 6, 1974 and September
13, 1974, and
WHEREAS, said sealed proposals
were opened and read on Septem-
ber 26, 1974, and it has been deter-
mined that the bid of Tschiggfrie
Excavating of Dubuque, Iowa in
the amount of $52,463.30 was the
lowest bid for the furnishing off
all
labor and materials and perform-
ing the work i`` provided for in
the plans and pe
therefore, the City
BE IT RESOLVED f Dubuque
Council of the City o
that the contract for the above
mentioned improvement be award-
ed the toTschiggfrie
itExcavating
bean he is
hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED,
ED,
that upon the signing
of said
of the con
tract and the approval
500 Special Session. September 30, 1974
tractors bond the City Treasurer is
authorized and inst,rucled to re-
turn the bid deposits of the unsuc
cesaful bidders.
Passed and adopted this 3OUi day
of September, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmaan
Alvin & Lundh
Councilmen
Attest:
I,eo F. Frommelt,
City Clerk
wayor Thom moved adaption of
the resolution. Seconded by Coun-
cilman Brach-. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Councii-
mrn Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
RESOLUTFON NO. 341-74
RESOLUTION APPROVING PLAT
OF THE SUBDIVISION OF LOT 4
OF BLOCK 1 OF RIVER FRONT
SUBDIVISION NO. 5 IN THE CITE'
OF DUBUQUE, IOWA
WHEREAS, there has been filed
with the City Clerk of Dubuque,
Iowa, a plat of the subdivision of
Lot 4 of Block 1 of River Front
Subdivision No. 5 in the City of
Dubuque, Iowa; and,
WHEREAS, said plat has been
examined by the City Council and
they find the same conforms to the
statues and ordinances relatim.;
thereto;
NOW THEREFORE, BE IT RE-
SOLVED by the CiLy Council of
the City of Dubuque, Iowa:
Section 1. That the above de-
scribed plat be and the same is
hereby approved and the Mayor
and Clerk be and they are hereby
autarorized and directed to endorse
the approval of the City upon said
plat.
Passed, adopted and approved
this 30th day of September, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Ju 4mann
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thom%, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
September 30, 1974
To the Honorable Mayor
and City Council
We are submitting this Ietter and
attachments to summarize Phase II
of the Waste Water Treatment Fa
cility- and to request your author-
ity to advertise for bids for the
construction of t'ie proposed sec-
ondary treatment section of the
program.
The City of Dubuque is required
by Consent Order to have full see`
ondary treatment operational by
1976 and it is principally because
of this that we must proceed at this
time with the receipt of bids on
the construction. The financing of
the program cannot be assured and
we will attempt here to review this
problem in detail.
The total program budget in-
cluding all elements of Phase II is
as follows:
Contract 1 - Force Main $1,690,000
Contract II A - Covers, Dow 517,123
Contract II B - Scrubbers,
Goerdt 962,835
- Cedar Modifications 12,552
Contract N - Secondary
Treatment
1. Intermediate Lift Station 388,000
2. Oxygen Generating &
Dissolution Unit 3,000,01,0
3. Final Clarifiers 665,00
4. Final Lift S'.ation 180,000
5. Exterior Piping and
Contral Manhole~ 49600
6. Sludge Conditioning
Building 2,927,500
7. Electrical Controls 600,000
8. Plant Site Grading and
Improvements 213,000
itontract N Subtotal
$8,489,500
Total Phase II
Construction
$11,651,810
Contingency - 5'
582,591
Engineering, technical
services
827,941
Administrative, Legal
90.000
Equipment
14,000
Total Phase II Program $13,166,342
The breakdown of the fully fund-
ed Federal, State and Local share
on the project would be as Plllw<:
55% Federal Grant $7,241,488
25`io State Grant 3,291,586
Special Session, September 30, 1974
The plresent are l'edcral and 3State
Thp
funding existing today 53,523,200
Federal (:rant 2,058,500
State Grant
The City staff has requested an
increase in the Federal and State
Funding to full entitlement based
upon the total program budget of
$13.166,342. The State Peparimrnt
of Environmental Quality (DEQ)
has confirmed that sufficient State
Funds are not available to increa e
our present grant to full entitle-
ment. Funds are available for a
$15(1.000 increase of our present
State Grant. Under our grant pro
gram the Federal Environmental
Protectinn Agency (EPA) can only
increase its grant in direct pr;)por-
tion to anv State increase.
Consequently, the City is faced
with proceeding with an extensive
construction program wi'hout. the
benefit of full Federal and State
financing being immediately a4-
sured. In light of this situation, w"
have requested DEQ and FPA to
delay the requirement of the con-
struction of the new F'nrce Main
until such time as full grant fund-
ing on the program is availnble.
The State Department of Environ-
mental Qualitv and the Fed,-ral
Fnvironmental Protection AgencY
have indicated they will suppnrt a
request to the Inw•a Legislature for
full grant funding for the total
11u.tbuque Sew j je Program. In ad-
ditinn, FPA and I)FQ have ap-
proved the prnposed plans and
specifications for Contract IV—
Secondary• Treatment Facilities.
Proceedinlo on the assumption
that the delay of the conctructlon
of the Force Main is acceptable and
that the State will increase their
present grant in the amount of
$150.000. the following is presented
as the financing on the immediate
program improvements:
Contract I (Temporarily Delayed)
Contract IIA—Covers
Dow $ 517,12
Contract UB ---Scrubbers.
Goerdt 962,83
Cedar Mudification; 12,35
Contract IV—Secondary
Trea'. ment 11469,50!
Subtotal, Construction 9,981,81
Contingency -5% 498,0
Engineering, technical
services 827,94
Administrative, Legal U0,00
Equipment
Total Revised
Program
State Grant 2,058,500
501
14,000
$11,391,849
1 150,000
—2,208,500
Federal
Grant 4.523,200 f 330.000
—4,853,200
Potential Net City
Share $ 4,330,149
In the event sufficent State and
Federal Funds arenot available for
the construction of the secondary
facility, the City would be obligated
to finance. the total sum of S4,3X-
149 on the program through local
funds.
CPe believe this financing the
majority of the local share could,
if necessary, be handled in the
following described manner-.
1. Total available Sanitation Sew-
age Rental Funds, including retro-
active Federal and State payments
on Phase I, through December.
1975 $3,067,047
2. The grants on the project re-
quire the major contributing indus-
tries to participate in their pro-
rated portion of the local share of
the construction cost of the pro-
gram and their share of the annual
Operational and Maintenance Ex-
penditures for the facility.
Preliminary estimates of indus-
tries capital allocation on the Ep
gram have been completed.
be-
lieve it is reasonable to expect in-
dustry capital payments in$1975387
approach
3. The grant structure also re-
quires that the sewage program
mus: function as a utility with an-
nual revenues offsetting the total
annual operation and maintenance
expenditures. Industry must also
Ipay its prorated share of 0 & M
costs. Present annual revenue in
the Sanitation Sewage Rental Fund
is $gI5,000. To cover actual 0 & M
projected expenditures total rev
enue of $1,194,745 is required for
3 1975.
Increasing sewage services charg-
5 es to the proposed levels in Janu•
3 ary, 1975 would provide additional
capital in the amount of $1,194,745
5
645,000 =_
0 A summary of the available cap -
98 ; ital at the close of 1975 would be
estimated as follows.
1 Sanitation Sewage Rental $3 OB7 047
u Fund
502 Special Session, September 30, 1974
Balance estimate (assuming
present rate levels)
Industry Capital Cost
Allocation 384,287
Payments in 1975
Increased available capital
through revised Sew-
age Service Charges,
1975 598,745
Total Projected Available
Capital $4,001.079
The balance of the potential net
city share of $4,330.149 would have
to be financed from Sewage Serv-
ice Revenues and remaining indus-
try capital cost payments over the
years 1976 and 1977.
Concluding the financial discus-
sion, the City of Dubuque must
strongly support State Legislative
action in the coming year which
will thereby increase our Federal
and State grants on the program to
full entitlement and result in a net
local share of $2,633,268.
In light of the risk involved. it
is recommended that we proceed
with the receipt of bids on the sec-
ondary treatment section of the
program, construction estimated at
$8,469,500, for these reasons:
1. To comply with the time
schedule of construction outlined
in the State Consent Order and
meet the required effluent stand-
ard of EPA.
2. To establish a firm price on
the cost of the construction in-
volved thereby minimizing the in-
flationary aspects involved.
3. To protect the status of the
present grant program under
which we are operating. This bene-
fits the City's industries in terms
of their required capital cost allo-
cation.
4. To preserve and utilize the
equipment bids previously received
on the project.
We would not recommend sign-
ing the construction contract on
this project until the city is as-
sured that:
1. A bill is being prepared for
submission to the Iowa Legislature
as it convenes in 1975 requesting;
the increase in funding on the sew-
age program to full entitlement.
2. Industry concurrence on sew-
age service charges and capital
allocation schedule.
3. Preparation and implementa-
tion of a revised sewage rate ord-
inance is proceeding by Januar%.
1975.
In summary, we have included a
schedule on the bidding of the pro-
posed secondary facility and the
rezolutions relating thereto. The
consultants and staff are available
to explain the proposed program
and the procedure involved.
We respectfully request your fav-
orable action on this matter.
Gilbert D. Chavenelle,
City :Manager
Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh.
Nays — Councilman Justmann.
Absent — Councilman Stackis,
RESOLUTION NO. 342.74
Approval of preliminary esti-
mates, proposed plans, specifica-
tions, form of contract, and all
other documents for the construc-
tion of;
PHASE II - WASTE WATER
TREATMENT FACILITIES -
CONTRACT IV -
The nature and the extent of
the improvement include an Inter-
mediate Lift Station, High Oxygen
Treatment Process, High Oxygen
Generation Facilities, Four Final
Clarifiers, Final Pumping Station,
Administration Building Lab Addi-
tion, Thermal Conditioning Budd-
ing, Miscellaneous Site Piping,
Splitter Boxes, Electrical and Me-
chanical, Existing Plant Modifica-
tions, Concrete Roadway and Plant
Site Landscaping, at an estimated
cost of $8,469,500.00, presented and
read. Mayor 'Thom:; moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh.
Nays — Councilman Justmann.
Absent — Councilman Stackis.
(Necessity for Improvement)
RESOLUTION NO. 343-74
WHEREAS, proposed p 1 a n s,
specifications. form of contract
have been duly prepared and ap-
provvd by the City Council of the
City of Dubuque and are now on
file in the office of the City Clerk
showing among; other things the
following:
1. An estimate of the cost of the
proposed improvement for
Special Session, September 30, 1974 503
PHASE II
WASTE FACILITIES
TREATMENT
— CONTRACT IV —
The nature and the extent of the
improvements include an Intermed-
iate Lift Station, Iligh Oxygen
Treatment Process, High Oxygen
Generation Facilities, Four Final
Clarifiers, Final Pumping Station,
Administration Building Lab Addi-
tion, Thermal Conditioning Build-
ing, Miscellaneous Site Piping,
Splitter Boxes, Electrical and Me-
chancal, Existing Plant Modifica-
tions, Concrete Roadway and Plant
Site Landscaping.
BE IT THEREFORE RFSOINED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the hereinmentioned
improvement, and unless any inter-
ested person appears and files ob-
jections to the proposed plans
specifications, or cost of such im-
provement they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the consulting firm of Henning -
son, Durham and Richardson which
have been approved by the City
Council and are now on file with
the City Clerk. That the cast and
expense of making said improve-
ment will be paid from the Sanita-
tion Sewage Rental Fund and it
Federal - State Grant.
The above resolution was intro-
duced,approved. and ordered plac-
ed on file with the City Clerk this
30th day of September, 1974.
Approved:
Allan T. Thorns
Mayor
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
(Firing Date of Hearing)
RESOLUTION NO. 344.74
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection
for
PHASE II
WASTE WATER TREATMENT
FACILITIES
CONTRACT IV
The nature and the extent of the
improvements include an Inter-
mediate Lift Station, High Oxygen
Treatment Process, High Oxygen
Generation Facilities, Four Final
Clarifiers, Final Pumping Station,
Administration Building Lab Ad-
dition. Thermal Conditioning Build-
ing, Miscellaneous Site Piping,
Splitter Boxes, Electrical and Me-
chanical. Existing Plant Modifica-
tions, Concrete Roadway and Plant
Site Landscaping. SOLVED
BE IT THE`REN
that on the 4th day of November,
1q
74. a public hearing will be held
at 7:30 p.m. in the Council Cham-
ber of the City of Dubuque at
which time the objectors for the
proposed improvement may appear
and make objection to the pro-
posed plans and specifications and
proposed form of contract, to the
cost of the improvement and the
City Clerk be and he is hereby di-
rected to cause a notice of the
time and place of such hearing to
be published in some
published in the City of Dubuque
which shall be not less than ten
(10) days prior to the day fixed
for its consideration, and said Clerk
is further instructed to advertise
for proposals for the construction
of the aforementioned improve-
ment. roved
Passed, adopted and app
this 30th day of September, 1974.
Allan T. Thome
Mayor
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
l.eo F. Frommelt,
City Clerk
Mayor Thorns resolution .oSeconded adoptionved
of theby
Mayor Thorns moved approval of
the resolution. Seconded by Coun'
man Lundh. Carried by the follow-
ing vote:
Yeas - Mayor Thorns, Council.
men Brady, Lundh.
Nays -- Councilman Justmann.
Absent — Councilman Stackis.
504 Special Session, September 30, 1974
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, I.undh.
Nays ---Councilman Justmann,
Absent—Councilman Stackis.
RESOLUTION NO. 345.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of law
relating to the sale of Cigarettes
and Cigarette Papers within said
City.
H. & M. Foods, Inc., dba Village
Ina Restaurant, 1940 John F.
Kennedy Road
Passed, adopted and approved
this 30th day of September 1974..
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, I.undh.
Nays—Councilman Justmann.
Absent—Councilman Stackis.
RESOLUTION NO. 346-74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THERFFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "C" BEER PERMIT
National Tea Company, 2013 Cen-
tral Avenue
Passed, adopted and approved
this 30th day of September 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol -
owing vote:
Yeas — Mayor Thoms, Counci-
men Brady, Justmann, Lundh.
Nays — None.
Absent -- Counciman Stackis.
RESOLUTION NO. 347.74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the ordinances of this City and
they have filed proper bonds -
NOW TIIEREFOR.E BE IT RE-
SOLVED by the City Council of
the City of Dubuque. Iowa, that
the Manager be authorized to cause
to be issued to the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
National Tea Company, 2013 Cen-
tral Avenue
Passed adopted and approved
this 30th day of September 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin F. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
RESOLUTION NO. 348-74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Topeka Inn Managements, Inc..
Also Sunday Sales, 1111 Dodge
Street
Special Session, September 30, 1974 505
John P. Mihalakis, Also Sunday
Sales, 2095 Kerper Blvd. roved
Passed aof ofed nd 19 i t.
this 30th day
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas _ Mayor Thoms. Council
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
RESOLUTION NO. 349.74
WHERKAS, applications for Liq
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THERFYOR.E BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be i=. -
sued to the following named at,
plicants a liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Topeka Inn Managements, Inc..
Also Sunday Sales, 1111 Dodge
Street
.John P. Mihalakis, Also Sunday
Sales, 2095 Kerper Blvd.
Passed adopted and approved
this 30th day of September 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Councilmen
Absent — Councilman Stackis.
At 10:08 P.M., Mayor Thoms
moved to go into Executive Session
to discuss Personnel and appoint-
ments to various Boards and Com-
missions. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Absent — Councilman Stackis.
Council reconvened in regular
session at 10:43 P.M. At that time.
Mavor Thom- announced no ap-
pointments had been made.
There being no further business.
Councilman Lundh moved the
meeting be adjourned. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
! Nays — Nonc.
Absent — Councilman Stackis.
Leo F. Frommelt,
City Clerk
Approved January 13 1975
Adopted January 13 1975
...... .... ....
ayo
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas --- Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays — None.
Clerk
Regular Session. October 7, 1974 50;
CITY COUNCIL
OFFICIAL
Regular session, October 7, 1974,
Council met at 7:30 o'clock P.M.
(C.D.T.)
Present Mayor Thoms, COun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert O.
Chavenelle,
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is the REGULAR MONTHLY
MEETING of the City Council call-
ed for the purpose of acting upon
such business as may properly
come before the Meeting.
Playground 14 Recreation Com-
mission submitting mimites of
their meetings of August 26th and
September 3rd, presented and read.
Councilman Brady moved that the
minutes be received and filed. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman .lustman moved that
the resignation of Jack Coffee be
accepted with regret and a letter
of appreciation be sent. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
Councilman Justmann moved that
appreciation be extended to Du-
buque Bank do Trust for donation
of $2500.00 for tennis court lights
at Comiskey Field. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, laindh.
Stackis.
Nays—None.
Councilman Justmann moved to
set up a work session with Council,
Recreation Dept., and Dock Com-
mission as to agreement of Area
"C" for site use. Seconded by
Councilman I.,undh. Carried by the
following vote:
Yeas -- Councilmen Brady, Just -
mann, Lundh, Stackis.
i Nays --Mayor Thoms.
October 7, 1974
Honorable Mayor
and City Council
I request that I.eo Frommelt be
authorized to sign city papers on
behalf of the city manager during
my absence from the city October
10-17.
The papers will largely consist.
of purchase orders and vouchers
authorizing payment of bills.
Gilbert D. Chavenelle
City Manager
Councilman Justman moved that
the request be granted. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundb,
Stackis
Nays—None
October 7, 1974
Honorable Mayor
and City Council
I am enclosing a copy of the
petition of the University of Du-
buque for a fireworks display and
a Hold Harmless Agreement sub-
mitted by the petitioner.
The permit was granted after
the agreement was received.
It is our feeling that future re-
quests for fireworks should be
refused unless the display will be
for a major event.
Gilbert 1). Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Suit of Richard V.
Hansel, et al, praving for relief
of lien assessed against their prop-
erty for garbage and refuse col-
lection and the Citv be, enjoined
from assessing further charges,
presented and read. Councilman
Lundh moved that the Notice of
Suit be referrto tproceedings. City
ScSo-
licitor for proper Councilman Just -
Seconded be the following
mann. Carried by
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh
Stackis.
Nays.—None.
508 Regular Session, October 7, 1974
Notice of Iowa District Court by
Doris S. Churchill, plaintiff, in
the amount of $337.55 for car
damage, incurred as the result of
falling City owned trees on June
20, 1974, on said vehicle, present-
ed and read. Councilman Lundh
moved that the Notice of Iowa
District Court be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Mrs. Margaret
Spoerre, et al, objecting to the
barricading of Washington Street
between 15th & 16th Streets, pre-
sented and read. Mayor Thoms
moved that the petition be re-
ferred to the Council Meeting on
November 18th. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain—Councilman Lundh.
Petition of YMCA to schedule
the annual Halloween Parade on
Wednesday evening, October 30th
at 7:30 P.M., presented and read.
Councilman Brady moved that the
petition be approved subject to
approval of the City Manager and
Police Department. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of St. Columbkille's Par.
ish, requesting a refund of $225,
on the unexpired beer license No,
2198, as they discontinued business
on Sept. 2, 1974, presented and
read. Councilman Stackis moved
that the refund be granted and
the City Auditor be directed tc
issue proper warrant. Seconded b3
Mayor Thoms. Carried by the fol
lowing vote:
Yeas — Mayor Thoms, Council
men Justmann, Lundh, Stackis.
Nays—Councilman Brady.
Petition of St. Elias The Prophe
Greek Orthodox Church requesting
a refund of $225. on unexpirec
beer license No. 1933, as they die
continued business on July 30
.974, presented and read. Council-
nan Stackis moved that the refund
)e granted and the City Auditor
)e directed to issue proper war-
-ant. Seconded by Mayor Thoms.
tarried by the following vote:
Yeas — Mayor Thoms, Council -
nen Justmann, Lundh, Stackis.
Nays --Councilman Brady.
Petition of Northwestern Bell
,.equesting permission to excavate
at Grandview Ave. & Delhi St. for
-able repairs, presented and read.
Mayor Thoms moved that the peti-
tion be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
September 30, 1974
To the Honorable Mayor and
City Council
Attached is an application for
a grant from the Iowa Department
of Public Safety to participate in
its Mini -ASAP (Alcohol Safety Ac-
tion Program) Program. Under this
grant the State will provide $28,-
765.28 to the City of Dubuque for
payment of overtime to police of-
ficers and for the acquisition of
a video camera and related tape
equipment. The City will be re-
quired to provide $2,550 in-kind
match.
The goal of the Mini -ASAP is
to reduce the number of vehicular
accidents resulting from alcohol
by 10% in Fiscal Year 1975. The
plan of the program is to acquire
increased enforcement by provid-
ing funds for policemen to work
overtime to raise enforcement lev-
els and to institute improvements
on documental procedures for the
establishment of evidence.
You are requested to adopt the
Resolution authorizing the Mayor
to sign the grant for the funding
and for the City to provide $2,550
in-kind match.
Francis A. Murray
Assistant City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, CouncIl-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
Regular Session,
October 7, 1974 509
RESOLUTION NO. 350.74
WHEREAS, the Pity Council of
the City of Dubuque desires to
participate with the Iowa Depart-
ment of Public Safety in imple-
mentation of the Department's
Mini -ASAP Program.
,NOW. THEREFORE., BF. IT RE
SOLVED BY THE CITY COUNCIL
OF DUBUQUE, IOWA, that the
City Council authorizes the Mayor
to sign application for grant with
the Iowa Department of Public
Safety for $28,765.28 and author-
izes the City to provide $2,550 In -
Kind Local Match.
Passed, adopted, and approved
this 7th day of October, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
RESOLUTION NO. 351.74
BE IT RESOLVED by the City -
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque.
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
American Legion, Dubuque Post
#6, 1306 Delhi Street
Passed, adopted and approved
this 7th day of October 1974.
Allan T. Thorns
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Attest: Councilman
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Lundh. Parried by the
following vote:
Yeas — Mayor Thorns, Council
men Brady, Lundh, Stackis.
Nays—Councilman Justmann
Communication of Councilman
Justmann urging the Council to
move carefully in the structuring
of a new relationship with Du.
buque Cable TV and to be con-
sidered from the Financial and
public policy issues, presented and
read. Councilman Justmann moved
that the communication be re-
ceived and filed. Seconded by
Mayor Thorns. Carried by the fol
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Sackis,
Nays—None.
Abstain—Councilman Lundh.
Councilman Brady moved that a
Cable TV rate increase Be Denied.
MOTION DIED FOR LACK OF A
SECOND,
Councilman Stackis moved to
suspend the rules to let anyone
present address the Council if
they so desire. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh
Stackis.
Nays—None.
Wm, Mason, Director of Tele-
prompter, and attorney Leo Mc.
Carthy addressed the Council rela-
tive to TV Teleprompter situation
at the present time.
Ther: being no further business,
Councilman Stackis moved to ad-
journ the meeting. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thorns. CouPcil-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved January 13 1975
Adopted January 13 1975
510 Special Session, October 14, 1974
CITY COUNCIL
OFFICIAL
Special Session, October 14, 1974
Council met at 7:30 P.M. (C.D.T.j
Present — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. Absent—City Manager Gil-
bert D. Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
SIDERING ADOPTION OF AN
ORDINANCE TO PERMIT OFF-
STREET PARKING ON MINERAL
LOT 158 AND LOTS ON NEVADA
PARK SUB., and acting upon such
other business as may properly
come before a regular meeting of
the Council.
Dubuque Advisory Commission
submitting minutes of their meet-
ing of September 24, 1974, with
proposed resolution attached con-
cerning attendance requirements
at meetings of various Boards and
Commission, presented and read.
Mayor Thoms moved to suspend
the rules to let anyone present
address the Council if they so
desire. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Dave Clemens, Chairman of the
Advisory Commission, addressed
the Council relative to the pro-
posed resolution. Councilman
Lundh moved adoption of the res-
olution. Seconded by Councilman
Justmann. Vote on the motion was
as follows:
Yeas — Councilmen Justmann,
Stackis.
Nays — Mayor Thoms, Council-
men Brady, L u n d h. MOTION
FAILED.
Councilman Brady moved to re-
fer the proposed resolution to the
City Solicitor for minor rewrite
and Council approval. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Councilmen Brady, Just -
mann, Lundh, Stackis.
Nays—Mayor Thorns.
Communication of National Con-
fectioners Ass'n. submitting a
"Meet 'n Treat" campaign designed
to take the "trick" out of Hallo.
ween, presented and read. Mayor
Thoms moved that the communica-
tion be referred to the City Clerk
for public use and the Press. Sec.
onded by Councilman Lundh. Car-
ried by the following vote.
Yeas — Mayor Thoma, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thoms signed a proclama-
tion declaring that the annual
YMCA Halloween Parade shall be
held on October 30, 1974 and ob-
serving October 31, 1974, as offi-
cial "Trick or Treat" Day.
Communication of Planning &
Zoning Commission, forward from
meeting of September 30th, rec-
ommending denial of Dorrance Pitz
et al petition of March 26th, re-
questing deletion of professional
office use classification on west
side of Bluff Street between West
Third and West Fifth Street, pre-
sented and read. Mayor Thoms
moved that the communication be
received and filed and recommen-
dation be approved. Seconded by
Councilman Lundh. Vote on the
motion was as follows:
Yeas — Mayor Thoms, Council-
man Lundh.
Nays — Councilmen Brady, Just -
mann, Stackis. (Vote failed to car-
ry—three-fourths (3'4) of all mem-
bers of the Council be in favor.)
AN INTERIM ORDINANCE re-
quiring a special permit from the
Board of Adjustment to allow the
exterior alteration of any building
located within the following de-
scribed area: "Beginning at the
southwest corner of West Fifth
Street and Bluff Street thence
southerly along the west side of
Bluff Street to the northwest cor-
ner of the intersection of Bluff
Street and Emmett Street, thence
westerly along the north side of
Emmett Street to the northeast
corner of the intersection of Em-
mett Street and St. Mary's Street,
thence northerly along the east
side of St. Mary's Street and con-
tinuing along the east side of the
extension of St. Mary's Street to
its intersection with West Fifth
Street, thence easterly along the
south side of West Fifth Street
to its intersection with Bluff Street,
which is the point of beginning",
and further requiring a ninety
Special Session, October 14, 1974
(90) day waiting period prior to
the issuance of a demolition per.
mit for any building located with-
in such aformentioned area, pre-
sented
and read. Councilman Just -
mann moved that the reading just
had be considered the first read-
ing of the ordinance. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three sep-
arate days be waived. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that a public hearing be held on
the Ordinance on December 9,
1974, at 7:30 o'clock P.M. in the
Council Chamber at the City Hall
and that the City Clerk be instruct-
ed to publish notice of the hear-
ing in the manner required by
law. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 10, 1974.
The Honorable Mayor and
Members of the City Council
Please be advised that I have
approved the Sidewalk bond con-
tinuation certificate of Lloyd Lu.
ber, Bond No. 253247, issued by
Merchants Mutual Bonding Co. and
dated May 4, 1974, and desire to
have your approval of same.
Gilbert I). Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed and filing be approved. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann. Lundh,
Stackis.
Nays—None.
Printed Council Proceedings for
month of June, 1974, presented
for approval. Mayor Thoms moved
that the proceedings be approved
511
as printed. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 11, 1974
Honorable Mayor and
City Council
Re: Phase I1 - Sewage
C 190460
Attached is a copy of the status
report prepared by Mr. Obr and
submitted t.o the Comptroller's Of-
fice on the Dubuque funding sit-
uation.
We believe it is well written
andspeaks favorably in regard to
the funding situation.
V1'e are proceeding with Mr.
Lynn Barney to move forward on
the matter.
Francis A. Murray
Asssistant City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas ra Thoms,
Council-
men Brady. Justmann, Lundh,
Stackis.
Nays ---None.
CitIzen's Transportation Commit-
tee submitting minutes of their
meeting of September 24, 1974,
presented and read. Mayor Thorns
moved that the minutes be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
Communication of Citizen' s
Transportation Committesubmit-
to
ting the following suggestions
solve critical traffic areas' Stripe
Kennedy' Road from Asbury
Pennsylvania to 4 lanes, Study
implementation of plan to Provide
a Jackson Street couple with Cen-
tral Ave. from 21st to Ruby Street,
j providing a right turn at 21st from
White to Jackson northbound;
Eliminate :i parking
ters
Main St. I at First Stret or north. bound traffic, presented
Mayor Thoms moved that the o t -
to
munication be referred
Manager, City Engineer and Traf-
fic Committee for investigation
512 Special Session, October 14, 1974
and report. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Joseph ass
Ruth Siegert, in the amount of
$45o., occasioned by the City, pur-
suant to Agreement between the
City and the Siegerts for the pur-
pose of testing soil and running
test holes on their property for
possible use for lake purposes,
presented and read. Mayor Thoms
moved that the Notice of Claim
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Loras L.
Arensdorf, in the amount of
$207.13, for motorcycle damage as
the result of striking a hole in
Kerper Blvd. on October 4, 1974,
presented and read. Mayor Thoms
moved that the Notice of Claim
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Lyle C. Den -
linger, in the amount of $46.93,
for car damage as the result of
said car being struck by a meter
maid vehicle at 1348 Central Ave.
on October 5, 1974, presented and
read. Mayor Thoms moved that
the Notice of Claim be referred
to the City Solicitor for proper
proceedings. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
Notice of Claim of Sheila Kon-
rardy, in an undetermined amount,
for personal injuries received in
a fall on a broken curb at 1530
Jackson St. on October 6, 1974,
presented and read. Mayor Thoms
moved that the Notice of Claim
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann. Lundh.
Stackis.
Nays—None.
Proof of Publication, certified
ta by the Publisher, of Notice of
Public Hearing to consider pro-
posal to amend the Zoning Ordi-
nance by changing from Two Fam-
ily Residence District to Multiple
Residence District Classification to
permit off-street parking on Lot
1 of Lot 2 of Mineral Lot 158; and
Lots 13 and 14 of Nevada Park
Resubdivision, YMCA request, pre.
rented and read. No written ob-
jections were filed and no oral
objectors were present in the Coun-
cil Chamber at the time set for
the hearing. Mayor Thoms moved
that the proof of publication be
received and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 58.74
An Ordinance amending and
changing Ordinance No. 3-34,
known as "The Zoning Ordi-
nance and Zoning Map of the
City of Dubuque, Iowa", so as
to change certain property here•
inofter described from "Two
Family Residence District' Clas-
sification to "Multiple Residence
District' Classification with in-
clusion in Section 2, Subsection
(i) of Article IV thereof to per-
mit off-street parking (YMCA),
said Ordinance having been pre-
viously presented and read at the
Council meeting of September 23,
1974, presented for final adoption.
ORDINANCE NO. 59.74
i AN ORDINANCE AMENDING AND
i CHANGING ORDINANCE NO. 3.34,
KNOWN AS "THE ZONING ORDI.
NANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA", SO AS
TO CHANGE CERTAIN PROPERTY
HEREINAFTER DESCRIBED FROM
"TWO FAMILY RESIDENCE DIS-
TRICT" CLASSIFICATION TO "MUL-
TIPLE RESIDENCE DISTRICT" CLAS-
SIFICATION WITH INCLUSION IN
SECTION 2, SUBSECTION (i) OF
ARTCLE IV THEREOF TO PERMIT
OFF-STREET PARKING
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Special Session, October 14, 1974 513
Section 1. That Ordinance No. 3-34,
known as "the 'Zoning Ordinance and
yoning Map of the City of Dubuque,
Iowa" be and the same is hereby amend
ed by changing from "Two Family Res-
idence District" classification to "Mul-
tiple Residence District" classification
with inclusion in Section 2, Subsection
(i) of Article IV thereof, as follows:
"Article 1V. Section 2. (i) Off street
parking within the following described
area: Lot I of Lot 2 of Mineral Lit
1c8; and Lot 13 and I.ot 14 of Nevada
Park Resubdivision in the City of Du-
buque, Iowa."
Section 2. That the foregoing Amend-
ment has heretofore been approved by
the Planning and 7,oning C:omm"on of
the City of Dubuque, Iowa.
Passed, approved and adopted this 1401
day of October, 1 Allan T. Thorns
Mayor
C. Robert lustmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 17th day of O.. -
tuber 1974.
Leo F. Frommelt
City Clerk
1t. 10-17
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 9, 1974
To the Honorable Mayor & City
Councilmen
A request has been received
from Geisler Bros. Sheet Metal
Company for permission to erect
a steel building. 80' x 140', in the
one-half of block on Washington
Street, between Eleventh and
Twelfth Streets, and washington
and Elm.
The plan is for Caradco to trade
the proposed location for the prop
erty now occupied by Geisler Bros
Their object is to expand to th
south and east and not north. I
the process all the old building
of Geisler Bros. would be remove
To enable Geisler Bros. to buil
a metal building; on the propose
area it is necessary to eliminat
this half block from the fire limit
which prohibits a metal building
After a conference with the parties
involved, it was determined that
if the fire limits is amended, a
new metal building on part of
this area with off-street parking
and storage area could be con-
structed: completely surrounded
by street and an alley and not
close to any building.
1 believe this would be an im-
provement in this area, on what
is now a vacant lot.
Gilbert D. Chavenelle
City Manager
Mayor Thnms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas --- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 59.74
An Ordinance establishing a Fire
Limits for the City of Dubuque,
Iowa, for the purpose of the
protection of closely built com-
merical districts against the haz-
ards of fire spreading from
building to building, by supple-
mentary restrictions on the con-
struction permitted within such
limits,
presented and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann,
Stackis.
Nays—None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
yeas --Mayor Thoms, COuncll-
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
ORDINANCE NO. 59.74
AN ORDINANCE ESTABLISHING
e A FIRE LIMITS FOR THE CITY OF
n I)UBVQUE, IOWA, FOR THE PUR-
POSE OF THE PROTECTION OF
d CLOSELY BUILT COMMERCIAL. DIS -
d T"RICTS AGAINST THE HAZARDS OF
FIRE FROM BUILDING
d
TO BUILDING,, BY SUPPLEMENTARY
e RESTRICTIONS ON THE CONSTRUC-
5 TION PERMITTED WITHIN SUCH
LIMITS.
514 Special Session, October 14, 1974
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIT.
OF THE CITY OF I)UBUQUF., IOWA:
SECTION 1. Fire limits established: All
that part of the City of Dubuque, Iowa,
embraced within the limits hereafter
described shall be known as the fire limits
of the City of Dubuque, Iowa, to wit:
BEGINNING at a point in the center
line of the Chicago, Milwaukee, St. Paul
and Pacific Railroad main line and the
center line of Jones Street, to the center
line of the alley between Locust Street,
and [duff Street; thence along thecenter
line of the alley between Locust Street
and Bluff Street, thence north to the
center line of west Third Street; thence
along the center line of west Third Street
easterly to the center line of Locnst
Street; thence along the center line of
Locust Street, northerly to the center
line of L,oraa Blvd.; thence along the
center line of Loras Blvd., easterly to the
center line of the alley between Central
Avenue and Iowa Street; thence along
the center line of the alley between
Central Avenue and Iowa Street, nor-
therly to the center line of west Seven-
teenth Street; thence from the center
line of the alley between Central Avenue
and Iowa Street, northerly along the
center line of Heeb Street to the center
line of east Eighteenth Street, extended
to the center line of Heeb Street; thence
easterly along the center line of east
Eighteenth Street, extended easterly to
the center line of Central Avenue; thence
northerly along the center line of Central
Avenue to the center line of east Twen-
tieth Street, thence along the center line
of cast Twentieth Street to the center
line of R bite Street; thence southerly
along the center line of White Street
to the center line of east Eleventh Street;
thence easterly along the center line of
east Eleventh Street to the center line
of the main line of the Chicago, Mil-
waukee, St. Paul and Pacific Railroad
tracks; thence southerly along the ecn-
ter line of the main line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad
tracks to the center line of Jones Street
which is the point of BEGINNING.
SECTION 2. This Ordinance shall be
in full force and effect from and after
its final passage, adoption and publica-
tion as by law provided.
SECTION 3. Ordinance No. 41-70 be
and same is hereby repealed.
Passed by recorded roll call vote, adopt-
ed and approved this 14th day of Oc•
tober, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph.
Herald newspaper this l7th day of Oc-
tober, 1974.
Leo F. Frommel[
City Clerk
1 t. 10-17
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
Petition of Robert L. Morris et
al (5 signatures) objecting to the
installation of the commercial high
intensity parking lot lighting sys-
tem installed by the Church of
Latter Day Saints in the Knob Hill
Addition, presented and read.
Councilman Stackis moved that
the petition be referred to the
City Manager, Engineering Dept.
and Electrical Dept. for investiga-
tion and report. Seconded by May-
or Thoms. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Dorothy Willman et
al (142 signatures) submitted by
B. B. Grote of the Dubuque Casket
Co. objecting to the blockading of
Washington Street, presented and
read. Councilman Justmann moved
that the petition be referred to
the Council meeting of November
181h. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Mark D. Witherall
requesting a zoning reclassifica-
tion of Lot 1 of Block 12 of West-
chester from Two Family to Mul-
tiple Family Classification, present-
ed and read. Councilman Justmann
moved that the petition be re-
ferred to the Planning & Zoning
Commission. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor 'Thoms, Council
men Brady, Justmann, Lundh.
Stackis.
Nays—None.
Petition of My -Cap Vendors Inc.
of 175 W. 32nd St. requesting that
Lots 1, 2, 3 and 4 in Humboldt
Addn. be rezoned to a multiple
residence district classification to
Special Session, Octoher 14, 1974 515
permit off-street parking, present- I in theto folowing described real
ed and read. councilman Justmann estate, -wit:
be
re- lot 1 of Lot 4 of Block 1 of
moved that the petition
ferred to the I'lanning & Zoning "River Front Subdivision No.
Commission. Secunded by Mayor 5" in the City of Dubuque,
•Ih:=s. Carried by the following Iowa. com4ining squarppfoximate-
vote: ly
yeas -- Mayor Thorns. Council- acres more or less,
men Brady, Justmann, Lundh, to IOWA COACHES INCORPORAT-
Stackis. ED for the purchase price of forty
Nays—None. eight cents (.48 cents) per square
Proof of Publication, certified to foot and the receipt of $500.00as downpayment is herewith ac-
Puby the publichet, of Notice of knoH1edged by the City of Du -
of
Ilearing to consider gale buque.
of I,ot 1 of I of 4 of Block l River le
Front Sub. No. 5 to Iowa coaches, k
and he is hereby Section 2: That t the City ity Clerk err
Inc„ presented and read. No writ
ten objections were filed and no and directed to deliver deed of
oral objectors were present in the conveyance conveying the above
Council Chamber at the time set described real estate to IOWA
for the hearing. Mayor Thoms COACHES INCORPORATED upon
moved that the proof of publica• receipt of the purchase price.
tion be received and filed. Sec- Section 3: That the City Clerk
onded by Councilman Lundh. Car- he and he is hereby authorized
ned by the following vote: and directed to record a certified
Yeas —Mayor Thorns, Council •
copy of this Resolution in the of -
men Brady, Justmann, Lundh, flee of the Dubuque County Re-
corder.
Stackis. Section 4: That the construction
Nays—None. of all buildings, yards, parking
lots, fences and ancillary improve-
ments shall be constructed in con-
formance with existing City codes
and such useq carried on said
property shall be in accord with
the City ordinances.
Section S: That the City of Du-
buque. Iowa, shall retain a per-
petual easement for existing water
lines, existing sanitary sewer lines
and storm sewer lines and for
utilities together with the right
of ingress and egress to repair,
inspect and maintain the same.
Passed. approved and adopted
this 14th day of
aof October.
1974
AllaMayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
RESOLUTION NO. 352.74
WHEREAS, pursuant to Resolu-
tion of publteh notice of time and
place of hearing published in the
Telegraph -Herald, a ncws:paper of
general circulation published in
the City of Dubuque, Iowa, on
September 20, 197.1 and September
27, 1974, City Council of the City
of Dubuque, Iowa, met on the 14 h
day of October, 1974, at 7:30
o'clock P.M. (Central Daylight Sav-
ings Time) in the City Council
Chambers, City Ilall, Dubuque,
Iowa, to consider proposal to di.. -
pose of interest of the City Of
Dubuque, Iowa, in real estate,
hereinafter described to LO1VA
COAC'IIF.S INCORPORATED; and
WHFMAS, City Council of the
City of Dubuque, Iowa, overruled
any and all objections. oral or writ-
ten, to the proposal to 01V130—of ATTEST:
interest of City of Dubuque, Iowa, Leo F. Frommelt
in the hereinafter described real City Clerk
estate to IOWA COACHES INCOR• Mayor Thoms moved adoption
PURATED;
of the resolution. Seconded >y
NOW "IEREFORF, BE IT RE- Councilman I,undh. Carried by the
SOLVED BY THE CITY COUNCIL, following vote:
OF THF. Crl'Y OF DUBUQUE, Yea,; _ Mayor Thoms, Council -
IOWA: men Brady, Justmann, Lundh,
Section 1: That the disposal of Stackis— None.
interest of City of Dubuque, Iowa, Nay
516 Special Session, October 14, 1974
October 9, 1974
To the Honorable Mayor
and City Council
Re: Cedar Street Lift Station
Valve and Sluice Gate Mod-
ifications
We are submitting the improve-
ment of the Cedar Street Lift Sta-
tion repairs to you for your re-
view and to request your authority
to advertise for the receipt of bids
on the project.
We propose bidding the repairs
involved because the scope of the
project is beyond the physical
capability of the maintenance peo-
ple at the Waste Wa,cr Treatment
Facility. It will require specialized
equipment which would have to
be purchased by the City to ac
cumplish this work.
In short, we believe it will be
cheaper to receive competitive bids
on the work rather than complete
an expenAve repair on force ac-
count with our own crews.
The repairs and modifications
consist of installing a new sluice
gate in the wetwell of the station
to replace the existing cast ga,e
khich has failed. In addition. we
must raise two existing glohe
valves to a position immediately
below the force main header to
prevent the vertical stand pipes
from plugging with solids, thereby
eliminating a continuous main-
tenance problem.
We propose to finance this proj-
ect, e s t i m a t e d at $12,352.00,
through budgeted funds in the
Sanitation Sewage Rental Fund.
Should you have any questions
on the proposed project, we will
be available for further clarifica-
tion.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays ---None.
RESOLUTION NO. 353.74
Approval of Preliminary Esti•
mate of proposed plans, specifica
tions, form of Contract, and aP
other documents to complete the
Cedar Street Lift Station Valve
And Sluice Gate Modifications-
1974—The nature and the extent
)f the modifications consist of the
-elocation of two sixteen (16) inch
lutomatic valves within the dry-
xell of the lift station and the re-
installation of a new sluice gate in
the wetwell of the structure in the
estimated amount of $12,352.00,
presented and read. Mayor Thorns
moved adoption of the resolution.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
(Necessity for Improvement)
RESOLUTION NO. 354-74
WHEREAS, proposed plans, spec-
ifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file in
the office of the City Clerk show-
ing among other things the fol-
lowing:
I. CEDAR STREET LIFT STATION
VALVE AND SLIJICE GATE
MODIFICA7IONS-1974
The nature and the extent of
the modifications consist of the re-
location of two sixteen (16) inch
automatic valves within the dry
well of the lift station and the re-
installation of a new sluice gate in
the wetwell of the structure.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the hereinmentioned
improvement, and unless any in-
terested person appears and files
objections to the proposed plans
specifications, or cost of such im-
provement they shall be deemed
to have waived all objections
thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council. and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Sani-
tation Sewage Rental Fund.
The above resolution was intro-
duced, approved, and ordered
placed on file with the City Clerk
this 14th day of October, 1974.
Special Session, October 14, 1974 517
Approved and placed on file for
final action.
Approved:
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Passed, adopted and approved
this 14th day of October, 1974.
Attest:
Leo F. Frommelt
City Clerk
Mayor Thom% moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
(Fixing Date of Hearing)
RESOLUTION NO. 355.74
WHEREAS, the City Council of
the City of Dubuque, Iowa has
given its preliminary approval on
the proposed plans, specifications,
and form of contract and placed
same on file in the office of the
City Clerk for public inspection for
CEDAR STREET L97 STATION
VALVE AND SLUICE GATE.
MODIFICATIONS -1974
The nature and the extent of the
modifications consist, of the relo-
cation of two sixteen (16) inch
automatic valves within the dry -
well of the lift station and the re-
installation of a new sluice gate in
the wetwell of the structure.
BE IT TIWREFORE RESOLVED
that on the 18th day of November,
1974, a public hearing will be held
at 7:30 p.m. in the Council Cham-
ber of the City of Dubuque at
which time the objectors for the
proposed improvement may appear
and make objection to the pro-
posed plans and specifications and
proposed form of contract, to the
cost of the improvement and the
City Clerk be and he is hereby di-
rected to cause a notice of the
time and place of such hearing to
be published in some newspaper
published in the City of Dubuque
which shall be not less than ten
(10) days prior to the day fixed
for its consideration, and said
Clerk is further instructed to ad-
vertise for proposals for the con-
struction of the aforementioned
improvement.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 356.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE I; RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Merlin F. Heiar, 1900 Washington
Street
CLASS ',B" (HOTEL -MOTEL)
BEER AND LIQUOR LICENSE
Anthony A. and Bette 0. Helling,
701 Dodge Street roved
Passed, adopted and app
this 14th day of October 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Cof 1-
cilman Stackis. Carried by the
lowing vote:
Yeas — Mayor Thoms, Council
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
518 Special Session, October 14, 1974
RESOLUTION NO. 357.74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, lows, that the Manager
be authorized to cause to be issued
to the following named applicants
a liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Merlin F. Heiar, 1900 Washington
Street
CLASS 'B" (HOTEL -MOTEL)
BEER AND LIQUOR LICENSE
Anthony A. and Bette O. Helling,
701 Dodge Street
Passed, adoped and approved
this 14th day of October 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Atbut:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 358-74
WHEREAS, applications for Beer
Permits have been submitted to
this Council fur approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "C" BEER PERMIT
Groves Kelco, Inc. dba Nabors
Drug, 1820 Elm Street
Passed, adopted and approved
this 14th day of October 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
.Tames E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoptinn of
the resolu!ion. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh.
Stackis.
Nays—None.
RESOLUTION NO. 359-74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council: and
WAF.REAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW TI ERF.F'ORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to cause
to be issued to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT
Groves Kelco, Inc., dba Nabors
Drug, 1920 Elm Street
! Passed, adopted and approved
this 14th day of October 1974.
i
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
I.eo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
Special Session, October 14, 1974 519
RESOLUTION NO. 360.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa. that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque.
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Merlin F. Heiar, 1900 Washington
Street
Passed. adopted and approved
this 14th day of October 1974,
Allan T. Thorns
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
forward a certified copy of thio
Resolution to his surviving spouse,
Mary Louise Clark, as an official
expression of condolence and sym-
pathy to the surviving wife and
family of Joseph W. Clark.
Passed, approved and adopted by
the Cite Council this 14th day of
October, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mavor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Bradv. Lundh, Starkis.
Nays, -Councilman Justmann.
RESOLUTION NO. 361-74
WHEREAS, Joseph W. Clark
passed away on Tuesday, October '
6, 1974; and
WHEREAS, Joseph W. Clark, a
long time resident of the City of
Dubuque, Iowa, was active in po-
litical circles and for many years
he was a prominent Democrat and
achieved the high office of State
Representative of the State of
Iowa in the year 1972; and
WHEREAS, Joseph W. Clark was
an ardent Labor Union member,
being a member of Laborers Local
659, Dubuque, Iowa, and he was
active in his parish work being a
member of St. Mary's Parish, Du-
buque, Iowa, and was also active
in Dubuque County Beekeepers
Association.
NOW THEREb'ORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1: That the City Council
of the City of Dubuque does for-
mally go on record memorializing
the passing away of Joseph W.
Clark and making official note of
his contributions to the life and
fiber of this community.
Section 2: That the City Clerk
be and he is hereby directed to
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas -- Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
AN ORDINANCE amending Or-
dinance No. 33-49 known as the
"Traffic Code Of The City Ox Du-
buque, Iowa", by repealing Sec-
tion 30 thereof and enacting a new
Section 30 thereto to establish
noise standards, to prohibit the op-
eration of motor vehicles in viola-
tion of established noise standards
and providing penalties for viola-
tion thereof, presented and read.
Councilman Justmann moved that
the proposed Ordinance be re-
ferred to the Cit Solicitor,
Sed
ec-
onded by Mayor Thoms
by the following vote:
yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Counellman Brady moved for
Council to concur with Planning &
Zoning Commission, relative eque t,
buque Packing Comp Y''
by rejecting tendered Ordinance,
and Building Commissioner be in
structed to issue building permit
if requested. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns. council-
men Brady, Justmann, Lundh.
Nays ---councilman Stackis.
At 9:40 P.M. Mayor Thorns
moved to go into Executive Session
to discuss appointments to various
Boards and Commissions. Second
52D Special Session, October K 1974
ed by Councilman Stackis. Carried
by the following vote
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Council reconvened in regular
session at 9:50 P.M. Mayor Thoms
moved the appointment of Carl L.
Davis to the Advisory Commission
to replace Francis Kelly, term ex-
piring June 1, 1975. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None
Councilman Brady moved that a
report be given to Council at next
meeting by City Manager and Po-
lice Dept., concerning incidents at
Tavern located at 1900 Central
Ave. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
There being no further business,
Mayor Thoms moved to adjourn
the meeting. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved January 13 1975
Adopted January 13 1975
special Session, October 21, 1974 521
OTY (OUNCIL
(OFFICIAL)
Special Session, October 21,
1974.
No members of the Council be-
ing present the meeting was ad-
journed subject to Call-
Leo
allLeo F. Frommelt
City Clerk
Januar ...1
Approved January 13 1975
Adoted January 13 1975
Councilmen
City Clerk
520 Sl)ecial Session, October 14, 1974
ed by Councilman Stackis. Carried
by the following vote
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Council reconvened in regular
session at 9:50 P.M. Mayor Thoms
moved the appointment of Carl L.
Davis to the Advisory Commission
to replace Francis Kelly, term ex-
piring June 1, 1975. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays.—None.
Councilman Brady moved that a
report be given to Council at next
meeting by City Manager and Po-
lice Dept., concerning incidents at
Tavern located at 1900 Central
Ave. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
There being no further business,
Mayor Thoms moved to adjourn
the meeting. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved January 13 1975
Adopted January 13 1975
Special Session, October 21, 1974 521
CITY COUNCIL'I
(OFFICIAL)
Special Session, October 21,
1974.
No members of the Council be-
ing present the meeting was ad-
journed subject to call.
Leo F. Frommelt
City Clerk
Approved January 13 1975
Adopted January 13 1975
Adjourned Special Session, October 28, 1974
CITY COUNCIL'
OFFICIAL
Adjourned Special Session, Oc-
tober 28, 1974.
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thorns read the call and
stated that service thereof had
been duly made and this meeting
is AN ADJOURNED MEETING OF
OCTOBER 21, 1974, called for the
PURPOSE OF REZONING VARI-
OUS PARCELS OF REAL ESTATE
and acting upon such other busi.
ness as may properly come before
a regular meeting of the Council.
Playground & Recreation Com-
mission submitting minutes of
their meetings of September 30th
and October 3rd, 1974, presented
and read. Councilman Lundh
moved that the minutes be re-
ceived and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Low -Rent Housing Commission
submitting minutes of their meet.
ings of October 15th and 22nd,
1974, presented and read. Council.
man Lundh moved that the min.
utes be received and filed. Second.
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Peoples Nat.
ural Gas advising of a gas rate in-
crease on gas bills issued on and
after November 18th, plus an ad-
ditional increase is indicated ef-
fective December 27, 1974, present-
ed and read. Councilman Lundh
moved that the communication be
received and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Planning & Zoning Commission
submitting minutes of their meet-
ings of September 8th and Octo-
ber 9th and 18th, 1974, presented
and read, Councilman Lundh
moved that the minutes be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, .Justmann, Lundh,
Stackis.
Nays—None.
October 21, 1974
Honorable Mayor and
Councilmen
At your meeting of September
23, 1974 a petition of the Dubuque
Packing Company was referred to
the Planning and Zoning Commis-
sion, which petition had requested
an amendment of the Zoning Ordi-
nance to prohibit residential uses
and taverns in the Heavy Indus-
trial District. The petition was al-
legedly prompted by announce-
ment of a plan by Mr. John Glynn
to establish those uses in the vi-
cinity of the Dubuque Packing
Company property.
The Commission had also con-
sidered this matter at its special
session of September 23rd, and had
opposed taking action until Mr.
Glynn might also be present to ex-
plain his plans in more detail. The
Commission had then delayed ac-
tion subsequent to your referral,
on advice that the Dubuque Pack-
ing Company and Mr. Glynn were
negotiating alternative arrange-
ments.
A special meeting was convened
on October 9, 1974 upon notifica-
tion that the two parties wished
to pursue the matter before the
Planning and Zoning Commission.
The nature of Mr. Glynn's plan
and the resistance of the Dubuque
Packing Company to it were ex-
plained at that time. It was noted
that Mr. Glynn's proposal is now
lawful within the existing Heavy
Industrial District, and that the In-
dustrial District classification had
leen applied to that area for sev-
eral decades. The Commission also
noted its concern for the legal
ramifications of the proposed
amendment, particularly as it
would create extensive non --con-
formity in the Heavy Industrial
zone where other residences now
existed.
The issue that the Commission
sought to resolve was whether the
Adjourned Special Session, October 28, 1974 52.3
proposed use would constitute such
a clear hazard to the community
well-being that the Zoning Ordi-
nance should be amended to pro-
hihit that use. The response of the
Plannin and Zoning Commission
was unanimously opposed to any
immediate action to amend the
Heavy Industrial District.
It is the recommendation of the
Planning and Zoning Commission
that the petition of the Dubuque
Packing Company he denied.
City Planning and
Zoning Commission
Daniel Ditemore
Development Planner
Councilman Iandh moved that
the communication he received and
filed and recommendation of de-
nial be approved, Seconded by
Councilman Stackis- Carried by
the following vote:
Yeas — Mayor Thoms, Counril-
men Brady, Justmann, Lundh,
Stnekis,
Nays --done.
Communication of Citizens'
Transportation Committee submit-
ting minutes of their meeting of
October 8, 1974, presented and
read. Councilman Lundh moved
that the minutes be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays—None.
Communication of Catholic Moth-
ers Study Clubs of Dubuque sub-
mitting names of Catholic organi-
zations being opposed to the pro-
pnsed showing of "Deep Throat"
at the Strand Theatre, presented
and read.
Councilman Justmann moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays ----None.
Mrs. James Travis and Mrs. An-
thony F,berhardt addressed the
Council relative to the showing of
Triple X movies in the City.
Mayor Thoms moved to reinstate
the rules. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None,
Councilman Brady moved that
the communication of Catholic
Mothers Study Clubs be received
and filed. Seconded by Councilman
.lustmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 25, 1974
To the Honorable Mayor
and Members of the City Council
I have approved the following
policies and bonds and desire to
have your approval on same.
GENERAL LIABILITY
Ken Schromen. Bituminous Cas-
ualty Corporation Policy No.
GA756209 from July 1, 1974 to
July 1, 1975.
Curtis Straub Company, State Au-
tomobile & Casualty Underwriters,
Policy No. GA 28-168351, from
9.16-74 to 9-16-75.
WORKMEN'S COMPENSATION
Curtis Straub Company, Stale Au-
tomobile & Casualty Underwrit-
ers, Policy No. WC61-186530,
from 9-16.74 to 9-16.75.
SIDEWALK CONSTRUCTION
BOND
John R. Altman, Bond No, 4587,
Aid Insurance Company, dated
2.474.
CERTIFICATE OF INSURANCE
Dubuque Jaycees & Jaycee Jaynes,
Comprehensive Multipolicy No.
CM 19317, from 8.1-72 to
Haunted House Project, Naval
Reserve Building.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
The communication be received and
filed and filing be approved sub-
ject to the approval of the City
Attorney. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays ---None.
524 Adjourned Special Session, October 28, 1974
October 21, 1974
Honorable Mayor
and City Council
I herewith submit the reports of
the Auditor, Treasurer, Water Su-
perintendent and Health Depart-
ment, as well as a list of claims
paid, for the month of September,
1974.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received
and filed. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of List of Re-
ceipts, Expenditures and List of
Claims for September, 1974, pre-
sented and read. Councilman
Lundh moved that the proof of
publication be received and filed.
Seconded by Mayor Thoms. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 23, 1974
Honorable Mayor
and City Council
am returning to you a petition
of the residents in the 19th Street
area about the King of Clubs Tav-
ern.
I have inspected the area and
discussed the situation with Chief
O'Brien.
On October 8th, Chief O'Brien
talked to the tavern owner, Gene
F. Sullivan, about conditions in
the neighborhood. He arranged for
Mr. Sullivan to take several ac-
tions for the correction of the sit-
uation. He also pointed out that
the tavern license would expire
and be reviewed in December. I
have been informed that the police
have not received any complaints
since the date of the interview.
On October 21st I met with Mr.
Sullivan and Chief O'Brien. Mr.
Sullivan stated what he is doing
to control and improve the situa.
tion. These are:
1. Posting a security guard at
the front door and a walking
guard patrolling the outside
area and parking lot every
fifteen minutes,
2. People causing trouble prior
to October 10th have been
listed and are not served by
the tavern.
3. The exits from the building
are being controlled.
4. A 1:30 a.m. shutdown time
has been installed.
5. Lights will be ordered for
the parking lot.
As an explanation of these ac-
tions, I submit a letter from Mr.
Sullivan dated October 21st,
I have written the petitioners.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed and referred to the Council.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
Communication of U. S. Senator
Dick Clark, congratulating the
community on receiving top hon-
ors in the 1974 Iowa Community
Betterment Program awards com-
petition, presented and read. Coun-
cilman Justmann moved that the
communication be received and
filed. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Park Board
addressed to the City Manager,
submitting a letter by Dominic
Goodman presented to the Park
Board concerning the John Dug-
gan Petition of objection on fur-
ther use of the Third Street Reser-
voir, presented and read. Council-
man Justmann moved that the
communication be received and
filed and referred to the Park
Board for investigation and report.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of John J. Dug-
gan objecting to changing a his-
torical land mark that has served
as a buffer of back yards in a his.
Adjourned Special Session, October 28, 1974 525
troical neighborhood that became
overcrowded due to expansion in
the area, relative to the West 3rd
St. Reservoir, presented and read.
Councilman Justmann moved that
the communication be received
and filed and referred to the Park
Board for investigation and report.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Michael Far-
ley submitting his resignation
from the Citizens Advisory Com-
mission, effective October 25th.
1974, (leaving the City), presented
and read. Councilman Lundh
moved that the communication be
received and filed and the City
Clerk directed to send a letter of
regret. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque Bi-
centennial Committee advising
that they have a competition in
mind to create a distinctive symbol
to be used to identify Dubuque's
participation in the bicentennial,
presented and read. Councilman
Lundh moved to suspend the rules
to let anyone present address the
Council if they so desire. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays --None.
Dennis Naughton and Mr. Bisanz
of the Bicentennial Commission,
addressed the Council explaining
the Bicentennial Symbol Contest
and stating this is an open compe-
tition, Mayor Thorns moved that
the communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
RESOLUTION N0, 368.74
ENDORSEMENT OF THE
BICENTENNIAL SYMBOL
COMPLETION
WHEREAS, the observance of
the American Bicentennial for the
State of Iowa begins in Dubuque,
the oldest city in the state; and
WIiEREAS. the Dubuque Coun-
ty American Revolution Bicenten-
nial Commissicn is stimulating,
planning, coordinating and pro-
moting all phases of the bicenten-
nial celebration to focus attention
on the heritage, traditions and cul-
ture of the City of Dubuque as
well as its hopes and aspirations
for the next century: and
« IEREAS, i; is desirable for
the City of Dubuque to adopt a
distinctive symbol or logotype for
uie to identify bicentennial -related
undertakings of the local govern-
ment, businesses, institutions and
organizations: and
WHEREAS, the Dubuque Jaycees
with the approval of the Dubuque
County American Revolution Bi-
centennial Commission have offer-
ed to sponsor an open competition
on behalf of the City of Dubuque
to secure a symbol to capture the
spirit of the local observance of
the 200th anniversary of the found-
ing of the United States of Amer-
ica; now therefore
BE it RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Du-
buque hereby endorses the open
competition to be sponsored by the
Dubuque Jaycees to secure a sym-
bol or logotype for use to identify
the multifaceted bicentennial -re-
lated activities and programs for
the City of Dubuque.
Passed, approved, and adopted
this 28th day of Octboer, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
1,eo F. Frommelt,
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded b Coun.
cilman Lundh. Carried by
lowing vote:
526 Adjourned Special Session, October 28, 1974
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
October 14, 1974
Honorable Mayor
and City Council
On August 30, 1974, Mike Wil-
son, 1461 Bluff Street, Dubuque,
filed claim against the City of
Dubuque in the amount of $50.00,
for damages allegedly caused on
August 22, 1974, to his motor-
cycle as the result of said motor
vehicle being towed away on
policemen' orders.
This matter was referred to the
appropriate City Agency who has
made an investigation thereof and
on October 8, 1974, reported to
the City Attorney's office of no lia-
bility on the part of the City of
Dubuque, Iowa. Accordingly, it is
the recommendation of the City
Attorney that the claim of Mike
Wilson be denied.
Original claim is returned here-
with.
R. N. Russo,
City Attorney
Mayor Thoms moved that the
communication be received and fil-
ed and recommendation of denial
be approved. Seconded by Council-
man Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 23, 1974
Honorable Mayor
and City Council
On the 10th day of October. 1974.
claim was filed against the City of
Dubuque by Joseph Siegert and
Ruth Siegert claiming damages in
the amount of $450.00 for damages
to crops and property of the
claimants by reason of soil test-
ing vehicles going upon the prop-
erty of the claimants.
I have examined said claim and
I have conferred with the City
Planner, Mr. Dan Dittemore, and I
have conferred with the City Man-
ager, and it is the recommendation
of the City Attorney's office that
said claim be paid in the amount
of $450.00.
It is recommended that the City
Council direct that the City Aud-
itor draw warrant payable to Jo-
senh Siegert and Ruth Siegert in
the amount of $450.00 and tha'
same be transmitted to the City
Attorney for delivery upon receipt
of duly executed releases by the
parties concerned.
Original claim is returned here-
with.
R. N. Russo,
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of settle.
ment be approved and City Audit•
or directed to issue proper war.
rant. Seconded by Councilman
Justmann. Carried by the follow.
ing vote:
Peas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
October 23, 1974
Honorable Mayor
and City Council
Claim was filed on September 6,
1974, against the City of Dubuque.
by Timothy J. Murphy, a minor, by
his mother, Ann Murphy, claiming
damages as the result of personal
injuries suffered by Timothy Mur-
phy and damages to his bicycle on
or about September 2, 1974, as the
result of striking a raised water -
box on Solon Street in the City
of Dubuque, Iowa.
I have made an examination of
this claim and have conferred with
the claimant's mother and find that
said lad was riding on said bicycle
at said time, and struck the edge
of the raised waterbox on Solon
Street. The impact of colliding with
the raised waterbox caused the
bike to veer into a parked vehicle
and throwing the claimant from
his bike and totally damaging his
Sprite bicycle purchased in July
Of 1974.
I have conferred with the claim
ant's mother and have reviewed
the bill for the bicycle repair as
well as the dental bills, which
dental bills are necessary to re-
store two front teeth to the claim-
ant in the total amount of $326.00.
The claimants have made an of-
fer of settlement in the amount
of $450.00, and it is the recom-
mendation of the City Attorney's
office that said offer of settlement
he accepted, and the City Auditor
be instructed to draw warrant pay-
able to Ann Murphy and Bern-
ard Murphy, natural parents of
Timothy J. Murphy, a minor, and
Ann Murphy and Bernard Murphy,
Adjtu need Special Session, October 28, 1974 527
individually, in the amount of
$450.00, and transmit same to th,,
City Attorney for delivery upon
receipt of duly executed releases.
Original claim is herewith re-
turned.
R. N. Russo,
City Attorney
,Mayor Thoms moved that the I
communication be received and 1
filed and recommendation of settle- i
ment be approved and City Auditor
directed to issue proper warrant. i
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -- None.
Proof of Publication, certified to
by the Publisher, of notice of Pub-
lic Hearing, to amend the Zoning;
Ordinance No. 3-34 so as to in.
clude the recently annexed territ-
ory (Flenschel property) as Single
Family District Classification, pre-
sented and read. No written ob-
jections were filed and no oral
objectors were present in the Coun-
cil Chamber at the time set for
the hearing. Mayor Thoms moved
that the proof of publication he
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Naps — None.
ORDINANCE NO. 60.74
AN ORDINANCE ZONING AND
CLASSIFYING RECENTLY AN-
NEXED TERRITORY TO THE
CITY OF DUBUQUE, IOWA
AS A "SINGLE FAMILY RESI.
DENCE D I S T R I C T" WHICH
REAL ESTATE IS HEREIN-
AFTER DESCRIBED, (Henschel)
said Ordinance having been pre-
viously presented and read at the
Council meeting of September 30.
1874, presented for final adoption.
ORDINANCE NO. 60.74
AN ORI)INANCI: ZONING AND
CLASSIFYING RECENTLY AN-
NEXED TERRITORY TO THE
CITY OF DUBUQUE, lOR'A AS
A "SINGLE FAMILY RESIDENCE.
DISTRICT" W11101 REAL ES.
TATE 1S HEREINAFTER DF -
SCRIBED
V isereas, the real estate hereinafter
described was recently annexed to, and
became a part of the (:ity of Uubuquc'
Iowa by Resolution of the City Council
passed, adopted and approved at its meet-
ing of September 3, 1974, and which
annexation was upon voluntary petation;
and,
Whereas, the Planning and Zoning Com-
mission of the City ot. Dubuque, Iowa
has approved and recommended that said
territory recently annexed and herein-
after dtscribed be zoned and classified
as a "Single Family Residence District".
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL.
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the following describ-
ed real estate to -wit.
Lot 2 of the Southeast a of the
Southeast !; of Seciton 34, Township
89 North, Range 2 East of the 31.11
Principal Meridian, in Table Mound
Township, Dubuque County, Iowa,
consisting of 14.06' acres, more or
ICU
be and the same is hereby classified and
zoned as a "Single Fsmdy Residence
District".
Section 2. That said territory be and
the same shall be in and become part of
the Thirteenth Voting Precinct of the
City of Dubuque, Iowa.
Passed, approved and adopted this 28th
day of Octol!cr, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. I.undh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially
Herald Newspaper this
tuber 1974.
Leo F. Frommelt
City Clerk
in the Telegraph
31st day of Oc-
lt. 10.31
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas -- Mayor Thorns, Council-
men Brady. Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 61.74
AN ORDINANCE ZONING AND
CLASSIFYING RECENTLY AN-
NEXED TERRITORY TO THE
CITY OF DUBUQUE, IOWA AS
A "SINGLE FAMILY RESI-
DENCE DISTRICT" WHICH
REAL ESTATE IS HEREIN-
AFTERi
DESCRIBED, Hr
said Ordinance ented andgreaden pre -
at the
coup , P of September 30,
Council meeting
1974, presented for final adoption.
528 Adjourned Special Session, October 28, 1974
ORDINANCE NO. 61.74
AN ORDINANCE ZONING AND
CLASSIFYING RECENTLY AN-
NEXED TERRITORY TO T14E
CITY OF DUBUQUE, IOWA AS
A "SINGLE FAMILY RESIDENCE
DISTRICT" WHICH REAL. ES-
TATE. IS HEREINAFTER DE-
SCRIBED
Whereas, the real estate hereinafter
described was recently annexed to, and
became a part of the Citv of Dubuque,
Iowa by Resolution of the City Council
passed, adopted and approved at its meet-
ing of September 3, 1974, and which
annexation was upon voluntary petition;
and,
Whereas, the Planning and Ztsning
Commission of the City of Dubuque,
Iowa has approved and recommended
that said territory recently annexed and
hereinafter described be zoned and clas-
sified
lahsified as a "Single Family Residence Dis-
trict".
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the following described
real estate, to -wit:
Lot 2 of Lot I of the Northwest %4,
Northwest Fractional ''/4, Section 2,
Township SS North, Range 2 East
of the sth Principal Meridian; and
Lot 2 of Lot I of Lot 1 of the
Northeast %4, Northwest Fractional
I , Section 2, Township SR North,
Range 2 East of the 5th Principal
Meridian, all in Table Mound Town-
ship, Dubuque County, Iow.t, con-
sisting of 1.261 acres more or less
be and the same is hereby classified and
zoned as a "Single Family Residence
District."
Section 2. That said territory be and
the same shall be in and become part of
the Thirteenth Voting Pre inct of the
City of Dubuque, Iowa.
Passed, approved and adopted this 'Nth
day of October, 1974.
Allan T. Thorns
Mavor
C. Robert Justmann
Jamcs E. Brady
Emil Stackis
Alvin E. Lundh
ATTEST: Councilmen
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 31st day of Oc-
tober 1974.
Leo F. Frommelt
It. 10-11 City Clerk
Mayor Thorns moved final adop•
tion of the Ordinance. Seconded by
Counciman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Proof of Publication, certified to
by the Publisher, of notice of Pub-
lic Hearing, to consider a proposal
to change from Multiple Residence
District to Single Family Residence
District classificaiion to -wit: Lots
B, C and D of Block 12; Lots 3
thru 22, inclusive, of Block 13, all
of Block 13-A; Lots 1 thru 5, in-
clusive, of Block 14, Lots 8 thru
13, inclusive, of Block 14; Lots 9
thru 14, inclusive, of Block 14-A;
Lots 1 thru 13, inclusive, of Block
15; Lots 1 thru 12, inclusive of
Block 16; all in "Key Knolls Sub-
division", and Lots 21-1-1-1 1.1.1 of
the NWIA of the SETA of Sec. 21.
T89N R2E of the 5th PM (Hansel
property), presented and read. No
written objections were filed. At-
torney Bertsch, representing Han-
sel, addressed the Council object-
ing to the rezoning. He stated the
following reasons: For 15 years this
has been zoned Multiple Family;
No reason for a change in the
area, Single housing costs have
risen tremendously; Area built up
and surrounded by Single Family
Homes by same developer; and no
one will be adversely affected by
leaving Block 12 in Multiple Fam-
ily. Mayor Thoms moved that the
proof of publication be received
and filed. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO, 62-74
AN ORDINANCE AMENDING
AND CHANGING ORDINANCE
NO. 3.34, KNOWN AS "THE
ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF
DUBUQUE, IOWA", SO AS TO
CHANGE CERTAIN PROPERTY
HEREINAFTER D E S C R I B E D
FROM "MULTIPLE RESIDENCE
DISTRICT" CLASSIFICATION
TO "SINGLE FAMILY RESI-
DENCE DISTRICT" CLASSIFI-
CATION, (Hansel),
said Ordinance having been pre-
viously presented and read at the
Council meeting of September 30,
1974, presented for final adoption.
ORDINANCE NO. 62-74
AN ORDINANCE AMENDING
AND CHANGING ORDINANCE•.
NO. 3-34, KNOWN AS "THE ZON-
ING ORDINANCE AND ZONING
Adjourned Special Session.
October 28, 1974 529
MAP OF THE CiTY OF DU-
Lots 5. 6 & 7 of Block 2 and Lots
BUQUE, IOWA", SO AS TO
5, 6, 7, 8, 9 and 10 of Block 3 in
CHANGL CERTAiN PROPERTY
C. 3. Bies Subd. from Single Fam•
HEREINAFTER DESCRIBED
FROM ' MUIXIPLE RESIDENCE
ily to Local Business "B" Classi-
DISTRICT" CLASSIFiCATiON TO
ficaton, presented and read. No
"SINGLE FAMILY RES11tFNCE
written objections were filed. Mrs.
DISTRICT" CI.ASSIFICAiit t\
Irma J, Hess addressed the Council
NOW THEREFORE BE IT ORDAIN•
being opposed to the rezoning. At.
ED BY THr CITY COUNCIL. OI I Iii
torney Wm. Fuerste, representing
CITY OF DUBUQUE, iOWA:
Dr. Klauer, addressed the Council
Section 1, That Ordinance No. 3-14,
requesting affirmative vote. Mayor
known as "the Zoning Map and Zoning
Thoms moved that the proof of
Ordinance of tete City of Dubuque.
publication be received and filed,
Iowa", be and the same is hereby amend.
Seconded by Councilman Stackis.
ed by changing from "multiple Residence
Carried by the following vote:
District" classification to "Single Fam-
ily Residence District" classification the
Yeas — 'Mayor Thoms, Council -
following described real estate, to -wit:
men Brady, Justmann, Lundh,
Lot B, Lot C and Lot D of Block 12;
Stackis.
Lots 3 through 22 inclusive, of
Nays—None.
Block 13 all of Block 13-A; Lots 1
through t, inclusive of Block 14;
AN ORDPVA'VCE amending and
Lou a through 13, inclusive, of
changing Ordinance No. 3.34
Block 14; Lots 9 through 14, in-
known as "The Zoning Ordinance
elusive, of Block 14-A; Lots 1
and Zoning Map of the City of Du -
through i3, inclusive, of Block IS;
12, inclusive, of
buque, Iowa" so as to change Lots
Lots i through
Block 16; all in "Key Knolls Sub-
5, 6, and 7 of Block 2; and Lots
division", Section 21, T89N, R217,
5, 6, 7, 8, 9 and 10 of Block 3,
o1 the ith P.M., all in the City of
all in "C. J. Bies Subdivision"
Dubuque, Iowa;
from "Single Family Residence
and Lot 2-1-1.1.1-1.1.1 of the
District" Classification to "Local
Northwest t/. of the Southeast 'h
Business 'B' District" Classifica-
of Section 21, Ta9N, RZE of the
tion, said Ordinance having been
sth P.M., all in the City of Du-
previously presented and read at
buque, Iowa.
the Council meeting of September
Section 2. That the foregoing Amend-
30, 1974, presented for final aft -
has heretofore been approved by
tion. Councilman Justmann moved
the Planing and Zoning Casmmission of
the
that the Ordinance NOT be adopt.
the City of Dubuque, Iowa.
ed. Seconded by Councilman Stack -
Passed, approved and adopted this 2eth
is. Carried by the following vote:
day of October, 1974.
Allan T. Thoms
Yeas — Councilmen Brady, Just -
Mayor
mann, Stackis.
C. Rolxrt Justmann
Nays — Mayor Thoms, Council -
James E. Brady
man Lundh.
F.mil Stackis
October 17, 1974
Councilmen
ATTEST:
Honorable Mayor and
Lco F. Frommelt
Councilmen
City Clerk
The Citv of Dubuque Planning
Published officially in the Telegraph
and Zoning Commission has re -
Herald Newspaprr this Slsr day of Oc-
a proposal to include prop -
toberviewed
recently annexed to the City
Lm F. Frommelt
City Clerk
erty
of Dubuque, Iowa, in the Local
"B" District classification.
It. 10.31
Justmann moved fin-
Business
of
is of 1.936
ist,iCouncilman
This property colss, at
al adoption of the resolution. Sec-
acres more or less
of the inter-
onded by Councilman Stackis. Car.
the northeast corner
U.S. Highway 20 and
b3 the following vote:
section of
section
Wacker Drive and is described as
Yeas — Mayor Thoms. Council-
Place in Center Grove."
men Brady, Justmann, Stackis.
-Waechter
and Zonine Com -
N,,.iv _-C )uncilman Lundh.
The Planning.
determined thttclass-
Proof of Publication, certified to
mission has
Business B
by the Publisher, of notice. of Pub.
Local
nate for this
is appropriatef
He Hearing to amend the Zoning
sific tn your
Ordinance No. 3.34 by changing
property
5130 A d i m corned Special Session, Oetoht •r 28, 1974
favorable consideration of the at-
tached
4tached Ordinance.
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
AN ORDINANCE amending ar.d
changing Ordinance No. 3.34,
known as "The Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa," Zoning and clas-
sifying territory recently annexed
to the City of Dubuque, Iowa as
a "Local Business 'B' District," to -
wit: "Waechter Place in Center
Grove" in Dubuque Township, Du-
buque County, Iowa, consisting of
1.936 acres more or less, presented
and read. Councilman Justmann
moved that the reading just had
be considered the first reading of
the Ordinance. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three separate
days be waived. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, CouncW
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that a public hearing be held on
the Ordinance on November 18,
1974, at 7:30 o'clock P.M. in the
Council Chamber at the City Ball
and that the City Clerk be in-
structed to publish notice of the
hearing in the manner required by
law. Seconded by Councilman Bra-
dy. Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays. --None.
ORDINANCE NO. 63.74
An Ordinance Amending Ordi-
nance No. 33-49, known as th•
Traffic Code of the City of Du-
buque, Iowa, by adding a new
Section 30 thereto to establish
noise standards, to prohibit the
operation of motor vehcles in
violation of established noise
standards and providing penal.
ties for violation hereof, and re-
pealing Ordinance No. 22.74,
presented and read.
Councilman Lundh moved that
the reading just had he considered
the first readin„r of fhe Ordinance
Seconded by 'tia} or Thoms. Car-
ried by the followng vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Lundh moved that
the rule requiring an Ordinance
to be read on three separate days
be waived. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 63.74
AN ORDINANCE AMENDING OR-
DINANCE NO. 33-49, (KNOWN AS
THE TRAFFIC CODE OF THE CITY
OF DUBUQUE, IOWA, BY ADDING
A NEW SECTION 30 THERETO TO
ESTABLISH NOISE STANDARDS, TO
PROHIBIT THE OPERATION OF MO-
TOR VEHICLE IN VIOLATION OF
ESTABLISHED NOISE STANDARDS
AND PROVIDING PENALTIES FOR
VIOLATION HEREOF, AND REPEAL-
ING ORDINANCE NO. 22-74
WHEREAS, the City Council of the
City of Dubuque finds and determines
that it is necessary to promote and pre-
serve its public peace, and to promote
and preserve the health, safety and wel-
fare of the inhabitants of the City of
Dubuque, Iowa, that noise pollution be
prohibited.
NOW THEREFORE BE 1T OR-
DAINED BY THE CITY COUNCIL.
OF THE CITY OF DUBUQUE, IOWA,
AS FOLLOWS:
Section 1. That Ordinance No. 33-49,
known as the Traffic Code of the City
of Dubuque, Iowa, be and the some is
hereby amended by adding a new Section
30 thereto as follows:
"Section 30 NOISE STANDARDS
30.1 Definitions. For purposes of this
article, the following definitions
shall apply:
A. "A” SOUND LEVEL. "A" Sound
Level is the total sound level of
all noise as measured with a sound
level meter using the "A" wrigh-
Ing network. The unit of measure-
ment is the dB (A).
Adjourned Special Session, October 28, 1974
b. AMBIENT NOISE shall mean the
all encompasaing noise associated
will, a gisen environment, being
usually a composite of sounds from
many sources near and far.
c. DISPLACEMENT shall mean a
simple harmonic motion in any
plane.
d. IMPULSIVE NOISE shall mean a
noise of short duration.
e. NOISE shall mean unwanted or
annoying sound.
f. NOISE RATING NUMBER shall
sheenthe dB g.
(A) scale reading
at appiicable to specific emard
sources.
P PIEP40N shall mean any indivtJ-
I't firm or carp)rattan
h. PURE TONE shall mean a sound
having a single pitch.
i. VatICI.E shall mean any passen-
ger vehicle, truck, truck trailer,
trailer, acerb -trailer or similar dc -
vice intended to convey pouple and
m cnmmoditiet which is propelled
or drawn by mechanical power, but
shall not include airplane and toys.
)0.2 Motor Vehicle Noise
No person shall operate either a mo -
tot vehicle or combinatitm of vehicles
at any time or under anv condition of
Bradt, load, seccleration. or deceleration
in such manner as to exceed the follow-
1r s { noise limits for the cattgory of motor
vlieies, based on a distance of not
Inas than 21 feet from the center line
of travtl or stationary location under
tat procedure established I,) 4ectian
)0.).
a. (t) Any rnmur vehicle with a
manufacturer's GVW rating of
6.000 lbs. or more, slid any Com-
bination of vehicles towed by such
cchielea.
)1 miles per Over ) f miles
hour or less per hour
Before
Jan. 1, 1971 As dB (A) 90 dB (A)
After
Jan. 1, 1971 86 dB (A) 90 dB (A)
(11) Any Motorcycle
Before
Jan. 1, 1971 ss dB (A) 92 dB (A)
After
Jan. 1, 1976 s6 dB (A) 90 dB (A)
(1 11) Any other muter vehicle in-
cluding passenger cats, and my
combination of motor vehicles tuw-
ed by such motor vehicles.
Befure
Jan. t, 1975 s2 dB (A) lilt, dB (A)
After
Jan. 1, 1976 79 d8 (A) 94 J11 (A)
b. This section applies to the total
nuiae from a vehicle or combina-
tion of vehicles and shall not be
construed as limitingur precluding;
the enforcement of all other Ordi-
nonce relating to motor vehicle
mufflers for noist control.
C. pot the purpose of this section, a
motor truck, truck tractor, or bus
531
that is not equipped with an iden-
tification plate or marking bearing
the manufacturer's name and man-
ufacturer's 9russ vehicle weight
rating shall be considered as having
a manuf'acturer's gross vehicle
weight rating of 6,000 pounds or
more it the unladen weight is
more than 1,000 pounds.
I. No person shall sell or lease, or
offer for sale or lease any motor
vehicle of a type described above
which exceeds the maximum de-
cibel levels set forth above and
whose date of manufacture car.
responds with the dates aet forth
therein.
Any vehicle which is found not to
to be in conformity with this Ordi-
nance and which it manufactured
prior to January I, 1971, may be
exempted from the noise levels
specified herein provided a good
and sufficient showing can be made;
(1) That it is mechanically im-
possible without major construction
to modify such equipment so as to
be in compliance; or,
(11) That to comply would cause
irreparable harm or injury to the
engine of said vehicle.
10.3 Sound level mearorements shall
be made in accordance with the
following procedures:
a. All measurements shall be made
with s sound level meter using; the
"A" weighted scale in accordance
with the standuds promulgated, by
the Society of Automotive Engs-
nests end American National Stand-
ards Institute.
b. The ambient noise level for each
enforcement location shall be e-
tsblished be obtaining the noise
level reading for a period of five
minutes befnrc enforcement and a
five minute period immediately f(" -
lowing e.nfurccmcnt with a read-
ing to be taken every )0 seconds
during the five minute period of
time. The average of these read-
ings wi'I comtitute the ambient
noise level it that location during
the enforcement period. The micro-
phone shall be placed no nearer
than three( ) ) feet from any to,
flective aarface and must be local
ed a minimum of four l4) feet
above ground level.
10.4 Enforcement. The City of Du-
buque Police Department shall eat -
force the provisions of this Ordi-
nance. Said Nparrmentshall be
equipped with the appropriate equip-
ment fur measuring sound levtls
as provided in Section )0.) for
purposes of enforcing this article.
10.1 Where a ..,or vehicle is detmed
to be in violation of this article,
the owner may transport it tz) a
location to be determined be the
Chief of Police for further evil-
532
Adjourned Special Session, October 28, 1974
ustion under normal operating condi-
tion, or by increasing the engine
revolutions at a stationary position,
If said vehicle is re-evaluated and
found not to be in violation ofthe
decibel standards outlined above, no
further proceedings shall be in-
stituted and any citation issued
shall be dismissed.
10.6 Upon conviction for a violation
of any of the provisions of this
Ordinance, a person shall be pun-
ished by a fine of not more than
one hundred ( $100.00) dollars or
by imprisonment for not more than
thirty days."
Section 2: That Ordinance No. 22-74
be and the same is hereby repealed.
Passed, adopted and approved this 28th
day of October, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 1st of November
1974.
Leo F. Frommelt
City Clerk
It. 11-
Councilman Lundh moved final
adoption of the Ordinance. Second-
ed by Mayor Thoms. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Dubuque Wisconsin
Bridge Co, requesting permission
to construct a new plaza served by
two toll houses which will permit
two lanes of traffic for cars head-
ed to or coming from work to re-
lieve traffic congestion, presented
and read. Mayor Thoms moved
that the petition be referred to
the Engineer, City Manager and
Bridge Committee for investiga
tion and report. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Peoples Natural Gas
requesting permission to excavate
on Merz Street and Rhomberg Ave-
nue to provide cathodic protection,
presented and read. Mayor Thoms
moved the request be approved
subject to approval of the Engi.
neering Dept. Seconded by Coun.
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Todd V. Leone, U of
D student, suggesting a four way
boulevard stop at University and
Algona, with advance warning
signs and apppropriate pavement
markings, presented and read. Ma-
yor Thoms moved that the petition
be referred to the City Manager
and Traffic Committee for inves-
tigation and report. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Holy Trinity Church
requesting refund of $225, on un-
expired portion of beer license
#'2568, discontinued business on
October 14th, 1974, presented and
read. Mayor Thoms moved that
the refund be granted and City
Auditor directed to issue proper
warrant. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays ---Councilman Brady.
Petition of Dubuque Sports Un-
limited, requesting refund in the
amount of $150, on the unexpired
portion of Beer Permit #B-0987,
discontinued business on October
1, 1974, presented and read. Mayor
Thoms moved the refund be grant-
ed and City Auditor directed to
issue proper warrant. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays ---Councilman Brady.
Verbal Petition of Councilman
Brady questioning the validity of
a building permit issued to Fischer
Investment Co., corner of 5th &
Bluff Sts, and asking recall of per-
mit, presented for discussion.
Councilman Brady moved that the
Petition be tabled to the Council
Meeting of November 4, 1974. Sec-
onded by Councilman Justmann.
Carried by the following vote:
Adjourned Spacial Session, October 25, 1974 533
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—'.None.
Petition of Bert T. k Hazel R.
Hillary requesting annexation of
Jungwirth's Morocco in Dubuque
County, Iowa, presented and read.
Mayor Thoms moved that the pe-
tition be referred to the Planning
k Zoning Commission for proper
Proceedings. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
September 5, 1974
Honorable Mayor and
Councilmen
The City Planning and Zoning
Commission has reviewed the final
plat of Lots 1, 2, 3, and 4 of Block
9 in "Thomas Farm Addition" in
the City of Dubuque, Iowa.
The Commission has found that
the plat conforms to the approved
preliminary plat for this area and
meets the minimum requirements
of the Subdivision Regulations of
the City of Dubuque, Iowa.
It is the recommendation of the
City of Dubuque Planning and Zon-
ing Commission that the final plat
be approved.
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
entine Drive, together with certain
public utility easements which the
Owners by said plat have dedicated
to the public forever; and
WHEREAS, said plat has been
examined by the City Planning and
Zoning Commission and had its ap-
proval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relat-
ing thereto, except that street
grades have not been established,
the streets brought to grade, or
paving, sewer or water installed;
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the dedications
i of Valentine Drive together with
! the casements for public utilities
as the same appear upon said plat,
be and the same are hereby ac-
cepted;
Section 2. That the plat of Block
I 9 in "Thomas Farm Addition" in
the City of Dubuque, Iowa, be and
the same is hereby approved and
the Mayor and City Clerk are here-
by authorized and directed to en-
dorse the approval of the City of
Dubuque, Iowa, upon said plat,
provided the owners of said prop-
erty herein named, execute their
written acceptance hereto attached
agreeing:
a. To reduce all streets to grade
and to construct concrete curb
and gutter and to hard surface Val-
entine Drive with bituminous con-
crete, or with concrete paving with
integral curb, all in accordance
with City of Dubuque standard
specifications:
b. To install sanitary sewer
mains and sewer service laterals
in accordance with plans submitted
with the plat;
c. To install water mains and
RESOLUTION NO. 362.74 water service laterals in accord -
Resolution Approving the Plat once with plans submitted with the
of Block 9 in "Thomas Farm Ad- plat;
dition" in the City of Dubuque, d. To storm sewers and
Iowa• catchbasinsinstall in accordance with
WHEREAS, there has been filed plans submitted with the plat;
with the City Clerk a plat of the I e. To install concrete sidewalks
Subdivision to he known as Block as required by Ordinances, and
9 in "Thomas Farm Addition" in where directed by the City Engi-
the City of Dubuque, Iowa, by i neer and the City Manager;
Richard C. Henschel and Mildred f. To construct the foregoing ith
re
L. Henschel; and provements in ccordance approved
WHEREAS, upon said plat all- plans and specifications
Pear streets to be known as Vol. i by the City Manager, under the in-
Adjourned Special Session, October 28, 1974
spection of the City Engineer, and
in a manner approved by the City
Manager;
g. To maintain the foregoing im-
provemenis for a period of four
(4) years from the date of their ac-
ceptance by the City of Dubuque.
Iowa;
h, To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
Richard C. Henschel and Mildred
L. Henschel, as owner;
i. To construct said improve-
ments, except sidewalks, prior to
September 1, 1976, and to con-
struct the sidewalks prior to Sep-
tember 1, 1978;
and further provided that said
Richard C. Henschel and Mildred
L. Henschel, as owner of said Suh-
division, secure the performance
of the foregoing conditions by pro-
viding security in such form and
with such sureties as may be ac-
ceptable to the City Manager.
S*ction 3. That in the event
Richard C. Henschel and Mildred
L. Henschel, shall fail to execute
the acceptance and furnish the se-
curity provided for in Section 2
hereof within 45 days after the
date of this Resolution, the provi-
sions hereof shall be null and void
and the acceptance of the dedica-
tion and approval of the plat shall
not be effective.
Passed, adopted and approved by
unanimous recorded roll call this
26th day of October, A.D., 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 362.74
We, the undersigned Richard C.
Henschel & Mildred L. Henschel
having read the terms and condi-
tions of the foregoing Resolution
No. 362-74 and being familiar with
the conditions thereof, hereby ac-
cept the same and agree to per -
farm the CAMMUons required there-
in.
Dated at Dubuque, Iowa, this 6th
day of November. 1974.
/s/ Mildred L. Henschel
/s/ Richard C. Henschel
TO:
Leo F. Frommelt
City Clerk
This is to certify that the secur-
ity provided by the foregoing RES-
OLUTION NO. 362-74 has been fur-
nished by the owners.
Dated at Dubuque. Iowa, this 6th
day of November, 1974.
/s/ Gilbert D. Chavenelle
City Manager
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 15, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of "West
Ridge Addition" in the City of Du-
buque, Iowa.
The Commission has found that
the plat conforms to the approved
preliminary plat for this area and
meets the minimum requirements
of the Subdivision Regulations of
the City of Dubuque, Iowa.
It is the recommendation of the
City of Dubuque Planning and
Zoning Commission that the final
plat be approved.
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas -- Mayor Thoma, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays ----None.
RESOLUTION NO. 363.74
R*solution Approving the Plat
of Lott 1-13 inclusivo all in West
,R1d9* Addition in the City of
Dubuque, Iowa.
Whereas, there has been filed
with the City Ckb rk a plat in
which:
Adjourned Special Session, October 28, 1974 535
Lot B of Lot 1 of 2 of 2 of 2 of
1 of 1 of 1 of 1 of 1 of Clarence
Arlen's Place in the City of Du-
buque, Iowa,
is platted as
Lot 1.13 inclusive of Block 1 of
West Ridge Addition in the City
of Dubuque. Iowa,
by Delbert Miller as Owner there-
of: and
Whereas. said plat has been ex-
amined by the City Planning and
Zoning Commission and approved
by said body; and
Whereas upon said plat appears
streets to be known as Westmore
Drive, and also easements for pub-
lic utilities which the Owner upon
said plat has dedicated to public
forever; and
Whereas said plat has been
found by the City Council to con-
form to the Statutes and Ordi-
nances relating thereto except
that the streets have not been re-
duced to grade or paving, sewer,
water or sidewalks installed there-
in;
NOW TIiEREFORE. BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa,
Section 1. That the dedication
of Westmore Drive together with
the easements for public utilties
all as the same appears upon said
plat; be and the same are hereby
establish"d as public streets in the
City of Dubuque;
Section 2. That the plat of the
Subdivision of Lot B of I.ot 1 of 2
of 2 of 2 of 1 of 1 of 1 of 1 of 1
of Clarence Arlen's Place in the
City of Dubuque, Iowa, and which
will hereafter be known as Lots
1.13 inclusive, of Block 1 in West
Ridge Addition in the City of Du-
buque, Iowa, is hereby approved
and the Mavor and City Clerk are
hereby authorized and directed to
endorse the approval of the City of
Dubuque upon said plat providing
the owner of said property, here-
inbefore named, executes written
acceptance hereto attached, agree-
ing:
a. To reduce Westmore Drive
and to prude as shown by the pro-
files submitted with the plat.
b. To surface Westmore Drive
a width of 30 feet with E3" Port-
land Cement Concrete Pavement
with integral curb and gutter or
8" Rolled Stone Base with 2%"
Bituminous Concrete Surface. All
Of the foregaing shall he eonxtruct.
ed aceording to the latest City of
Dubuque specifications.
c. To install sidewalks on both
sides of Westmore Drive in accord•
ance with the City of Dubuque
Standard Specifications for Perma-
nent Sidewalks.
d. To install eater mains in ac-
cordance with plans submitted
with this plat,
e. To install sanitary sewers in
accordance with plans submitted
with this plat,
f. To install the sanitary sewer
and water house laterals for eaeh
lot to behind the property lines.
g. To construct the foregoing im-
Wovments in am. rdance with
plans and sperificat ions aoor ved
by the City Manager and under the
inspection of the City £neineer.
h. To gnaintain all street im-
provements and sewer and Crater
mains for a period of four (4) years
from the date of its acceptance.
L To comstrurt said improve-
ments prior to November 30, 1976.
j. To provide the foregoing con-
struction and maintenance as the
expense of the Owner.
I and further providPd that Delbert
Miller, as owner of said subdivi-
sion serure the performance of the
foreeoing conditions by providing
security in such sums and with
I uU(+ sureties as may be aeCeptOlt,
t.o the CiIN. Manager.
I Section 3. That in the event Del-
pert Miller shall fail to execute
I the acceptance and provide seeur-
ilv provided for in Section 2 here -
I of within forty-five (45) days front►
the date of this Resolution, the
Provisions hereof shall be null avid
void and the acceptance off thce plat
ded-
ication and approval
shall not be effective.t
adopted and approved by
recorded roll call vote this 28th
day of ()ctober, 1974.
Allan T. Thoms
Mayor
C. Robert 7uatmaaA
Jaynes E. Brady
Emil Stackis
Alvin E. Luadh
Councilmes
Attest:
1,eo F Frommelt
City Clark
536 Adjourned Special Session, October 28, 1974
ACCEPTANCE OF
RESOLUTION NO. 363-74
Delbert '.Hiller, having read the
terms and conditions of the fore-
going Resolution 363-74, and being
familiar with the contents thereof,
hereby accept the same and agree
to perform the conditions therein
required.
/s/ Delbert Miller
Dated: August 19, 1974.
To Leo F. Frommelt, City Clerk
This is to certify that the secur-
ity required for the foregoing Res-
olution 363-74 has been provided
by the Owner.
Dubuque, lona, November 5,
1974.
/s/ Gilbert D. Chavenelle
City Manager
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, I.undh,
Stackis.
Nays—None.
RESOLUTION NO. 364-74
WHEREAS, the City of Du-
buque, Iowa is the owner of real
estate described as: Lot 11 in
"Watter's Subdivision" of part of
Woolen's Addition in the City of
Dubuqe, Iowa, according to the re-
corded nlat of said addition: and
WHEREAS, Charles Hemmer has
made an offer to purchase said
real estate; and
WHEREAS, the City Council of
the City of Dubuque, Iowa has ex.
amined said offer to purchase real
estate and finds that the sale of
said real estate should be ap-
proved;
NOW THEREFORE BE IT RF
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the sale of real
estate owned by the City of Du-
buque, Iowa, described as
Lot 11 in "Watter's Subdivision"
of part of Wooten's Addition in
the City of Dubuque, Iowa, ac-
cording to the recorded plat of
said addition to Charles Hemmer
be and the same is hereby ap-
proved.
Section 2. That the City Clerk
be and is hereby directed to pub}
lish notice of intent to dispose of
interest in real estate as provided
by law and in accordance with this
Resolution to Charles Hemmer for
the sum of Twenty-five Hundred
($2,500.00) Dollars, and costs of
publication and any platting costs,
that no abstract will he furnished
and conveyance will be by Quit
Claim Deed.
Passed, approved and adopted
this 28th day of October, 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adontion of
the resolution and public hearing
be set for December 2, 1974. Sec-
onded by Councilman Stackis, Car-
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
RESOLUTION NO. 365-74
WIiFRFAS, the Board of Park
Commissioners of the City of Du-
buque, Iowa, is the owner of a
parcel of real estate described as:
Lot 2 of Lot 1 of Lot 1 of Eagle
Point View in the City of Du-
buque, Iowa, according to the
recorded plat thereto,
and;
WHEREAS, John V. Meehan and
Naomi R. Meehan, are the owners
of real estate described as:
Lot 2 of Eagle Point View in
the City of Dubuque, Dubuque
County, Iowa, according to the
recorded plat thereof,
and;
WHEREAS, due to location, pres-
ent use and future contemplated
uses of said properties, the parties
are desirous of exchanging said
parcels of real estate and such ex-
change is authorized under Section
368.39, 1973 Code of Iowa, as
amended;
and;
WHEREAS, said properties be-
ing of the same approximate ap-
praised monetary value, the City
Council of the City of Dubuque,
Iowa, deems it in the best public
interest that said exchange be ef-
fected;
Adjourned Special Session, October 28, 1974 S3
NOW THEREFORE BE IT RTS
SOLVED by the City Council, City
of Dubuque, Iowa, as follows:
Section 1: That the exchange of
the two parcels of real estate here-
inabove described and respective-
ly owned by the City of Dubuque
by and through its Board of Park
Commissioners of the City of Du-
buque, Iowa, and John V. Meehan
and Naomi R. DTeehan be and the
same is hereby approved.
Section 2: That the City Clerk
be and he is hereby directed to
publish notice of intent to dispose
of interest in real estate as pro-
vided by law and in accordance
with this Resolution.
Passed, approved, and adopted
this 28th day of October, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution and public hearing
be set for December 2, 1974. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 21, 1974
To the Honorable Mayor
and City Council
This is to advise you that the
storm sewer constructed in East
24th Street, between Jackson and
Washington Streets, a distance of
310 feet, has been substantially
completed in accordance with
plans and specifications by Tschigg-
frie Excavating of Dubuque, Iowa.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Mayor
Thoms, Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
FINAL ESTIMATE
RESOLUTION NO. 366.74
WHEREAS, the contract for the
Repair of Storm Sewer on 24th
Street, between Jackson & Wash-
ington Streets has been completed
and the City Engineer has submit-
ted his final estimate showing the
cost thereof including the cost of
estimates, notices, inspection, and
preparine the assessment and plat,
now therefore,
BE 1T RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$16,444.38.
That $ none of the cost thereof
shall be assessable upin private
property and $16.444.38 shall be
paid from the Sanitation Fund of
the City of Dubuque.
Passed, adopted and approved
this 28th day of October, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
.Tames E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
T,eo F. Frommelt
City Clerk
Mavor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None,
(A RESOLUTION ACCEPTING
IMPROVEMENT)
RESOLUTION N0. 367.74
i WIIERF:AS, the contract for the
Repair of Storm Sewer on 24th
nd Wash -
I Street, Jackson
ngton Streetshasbeen completd
and the City Manager has exam-
' fined the work and filed his certifi-
Cate stating that the same has been
according to the terms
completed
of the contract, specifi
plans and
cations and recommends its accept-
ance, now therefore, the City
BE IT RESOLVED, b5
Council of the City of Dubuque,
that the recommendation
City Manager be approved and that
said improvement be and the same
is hereby accepted.
53S Adjourned 5pmial Scgsion, October 28, 1974
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Sanitation
Fund in amount equal to the
amount of his contract, less any
retained percentage provided for
therein,
Passed, adopted and approved
this 28th day of October, 1974.
Allan T. Thoma
Mayor
C. Robert. Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommtlt
City Clerk
Mayat Thomq moved ndoMinn of
the regnlution. srrnntl-d by Coun-
cilman Lundh. Carried by the fol-
lowind vote:
Yeas — Mayor Thoms, Council-
men Brady. Justmann, Lundh,
Starkis.
!Nays__None.
October 25, 1974
Hnnnrable Mavor
and City Council
In arf inn by the City envineil
on August 19, 1974, the City Clerk
was authorized to adver+ise. in ron-
junrtion with the Coun+v Auditor,
bidt for the rnmmunleations cen-
tdr of the Dubuque Countv/City
IAA Lttfitreement Center. These
bids were onened and mad on Oc-
tober 9. 1974 Ill the Dubuque Coun-
ty Courthouse.
Motorola, Ineornnrated of Chica-
go was the low bidder oil the base
contract at $86.843.00. (Sre at-
tached Summary of bidding). This
equinment is being purchased un-
der the eonditions of a grant from
the Iowa Crime Commissionof
$96,985.00. As a part of this grant,
$8,000.00 was reserved for consult.
ant fees and the balance of
$9x,985.00 was designated for
equipment. The Iowa Crime Com-
n0esion is participating in the pro-
ject In the amount of $72,738.75:
Dubuque County in the amount of
$15,088.50, and the City of Du-
buque for $9,182.75.
In our bidding procedure we al-
so requested alternate bids on an
intrusion alarm system and a stat-
us map. Bids on these two pieces
Of equipment exceeded our esti-
mate and the amount of money
available under the grant applica-
tion. Consequently, we are delay-
ing purchase of these two pieces
of equipment and are investigat-
ing alternate systems that may be
used in the Law Enforcement Cen-
ter. A balance of $7,142.00 from
the grant will remain to purchase
this additional equipment.
At this time we are requesting
your approval of a resolution au-
thorizing the City Manager to en-
ter into a contract, along with the
Dubuque County, with Motorola,
Incorporated for the acquisition
and installation of this communi-
cation equipment represented by
the base contract. for $86,843.00.
Franeis A. Murray
Assistant City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Awarding Contract)
RESOLUTION NO. 369.74
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the Dubuque County/City
of Dubuque Law Enforcement
Communication System pursuant
to Motion by City Council on Au-
gust 19, 1974, and notice to bid-
ders published in a newspaper pub-
lished in said City on Aucust 27,
1974 and September 3, 1974; and
WIIF,REAS, said sealed propos-
als were opened and read on Oc-
tober 3, 1974, and it has been de-
termined that the bid of Motorola,
Inc. of 5725 E. River Road, Chica-
go, 111. 60631 in the amount of
$86,843.00 was the lowest bid for
the furnishing of all labor and ma-
terials and performing the work
as provided for in the plans and
specifications; now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned Improvement he award-
ed to Motorola, Inc. by the City
of Dubuque and Dubuque County
and the Manager be and he is
hereby directed to execute a con-
tract on behalf of the. City of Du-
buque for the complete perform-
ance of said work.
Adjourned Special Session, October 28, 1974 539
Passed and adopted this 28th
day of October, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 370.74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance. with the terms of the
Ordinances of the City.
CLASS "C" BEER PERMIT
Florence E. Chalder, 113 Main St.
Kay Nemmers, 250 West First St.
Passed, adopted and approved
this 28th day of October 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 371.74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit.
CLASS "C" BEER PERMIT
Florence E. Chalder, 113 Main St.
Kay Nemmers, 250 West First St.
Passed, adopted and approved
this 28th day of October 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis,
Nays—None.
RESOLUTION NO. 372.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Charles J. Spielman, 2401 Windsor
Avenue
Richard A. Schurbon, 1091 Main
Street roved
Passed, adopted and app
this 28th day of October 1974.
Allan T. Thoma
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
I.eo F. Frommelt
City Clerk
540 Adjourned Special Session, October 28, 1974
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 975-74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Charles J. Spielman, 2401 Windsor
Avenue
Richard A. Schurbon, 1091 Main
Street
Passed, adopted and approved
this 28th day of October 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh Carried by the
following vote:
Yeas -- Mayor Thoms, Council,
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
There being no further business,
Mayor Thoms moved to adjourn
the meeting. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved January 13 1975
Adopted January 13 1975
Regular Session, November 4, 1974 541
CITY COUNCIL
OFFICIAL.
d and read. Councilman Lundh
moved that a 3 months extension
be granted. Seconded by Council-
man Justmann.. Carried by the
rollowing vote:
Regular Session, November 4,}'eas —Mayor Thorns, Council.
1974. men Brady, Justmann, Lundh,
Council met at 7:30 P.M. (C.S.T.) Stackis.
Present — Mayor Thorns, Coun- Nays—None.
cilmen Brady, Justmann, Lundh, RESOLUTION NO. 374.74
Stackis. City Manager Gilbert D. Authorizing an Extension of
Chavenelle. Time in which R. Hampton and
Mayor Thorns read the call and Company, Inc. is to Commence
stated that service thereof had Construction on Certain Land
been duly made and this is The in the Downtown Urban Renew.
Regular Monthly Meeting of the al Project, Iowa R -IS.
Council called for the purpose of WHEREAS, under date: of Sep -
acting upon such business as may tember 4, 1973, the City of Du -
properly come before the Meeting. buque and R. Hampton and Com -
Bob Dorothy and representatives pan•, Inc. entered into a Contract
of the Dubuque Ambassadors pre- for Sale of Land for Private Re-
sented the Council with results of development covering Block 14 in
Dubuque's entry in the Iowa Com- Dubuque Downtown Plaza; and
munity Betterment Program with NVHER.EAS, the said Contract
the following awards- Certificate provided that construction was to
of Participation; Governor's Lead- commence within six months from
ership Award; Excellence in Youth I November 11, 1973, the date of
Participation; and Award for Gen- f delivery of the deed to said parcel
eral Excellence with a cash Re- of real estate by the City of Du -
ward of $200.00. 1 buque to R. Hampton and Compa-
Commuunication of Playground ny, Inc.; and
& Recreation Commission submit- WHEREAS, the City Council of
ting minutes of their meeting of I the City of Dubuque at their meet -
October 14, 1974. presented and ing of May 6, 1974, granted R.
read. Councilman Lundh moved i Hampton and Company, Inc., at
that the minutes be received and their request, a ninety day exten-
filed. Seconded by Councilman i sion of time in which to commence
Stackis. Carried by the following construction upon the said parcel
vote: of real estate; and
Yeas — Mayor Thorns, Council- WHEREAS, the City Council of
men Brady, Justmann, Lundh, I the City of Dubuque at their meet-
Stackis. ! ing of August 5, 1974, granted at
Nays—None. Hampton and Company,
Communication of Richard C. their request, a further extension
Wagener making inquiry why of time until November 4, 1974;
nothing can be done about the and g Hampton and
movies in Dubuque if the State of WHEREAS,
Illinois can, and requesting that a ; Company, Inc. has been unable to
Dubuque anti -smut drive be start- secure the required commitment
ed, presented and read. Council- for financing the construction of
man Lundh moved that the com- the improvements upon the said
munication be received and filed ' parcel of real estate; and
and referred to the City Manager. WHEREAS, it is deemed to be
Seconded by Councilman Stackis. In the best interest of the Down -
Carried by the following vote: town Urban Renewal Project, Iowa
Yeas — Mayor Thorns, Council- 11r15, and the City of Dubuque to
men Brady, Justmann, Lundh, grant R. Hampton and Company,
Stackis. a further extension of time
Nays—None. Inc.to con
commence and complete
Communication of Urban Renew- struction of the required improve -
al requesting an extension of time ments; now therefore
for Robert Hampton & Co, to cum- BE IT RESOLVED by the Coun-
mence construction of the pro- cil of the City of Dubuque, Iowa:
puled Ramada Inn Lodge, present- Section 1. That the time in
542 Regular Session, November 4, 1974
which R. Hampton and Company,
Inc. is to commence construction
of the required improvements up-
on Block 14 in Dubuque Down-
town Plaza be and the same is
hereby extended to February 3,
1975, and the time in which the
said improvements are to be com-
pleted shall be eighteen months
from said date.
Section 2. That all other terms,
conditions and provisions of the
Contract for Sale of Land for Pri-
vate Redevelopment dated Septem-
ber 4, 1973, shall remain in full
force and effect.
Passed, adopted and approved
this 4th day of November, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 31, 1974
To the Honorable Mayor and
Members of the City Council
I have approved the following
bond and certificates and desire
to have your approval of same for
filing.
Sidewalk Construction Bonds
Fischer Inc. of Dubuque, Iowa, The
North River Insurance Co., Bond
No. 798646, to July 26, 1975.
M. P. Kluck & Sons Inc., U. S. F.
delity and Guaranty Co., Bond
No. 28214-13-624-53 to April 8,
1975.
Official Bond
Rachel M. Maersebalk, Airport
Commissioner, Hartford Accident
and Indemnity Co., Bond No.
N3568808 -B, to September 14,
1980.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received and
filed and filing be approved sub.
ject to the approval of the City So-
licitor. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 30, 1974
To the Honorable Mayor
and City Council
This is to advise you that in the
month of September we exceeded
our budget appropriation $225,(100
in Revenue Sharing funds for sub-
sidizing the Dubuque Transit Sys-
tem. (Attached is a copy of the fi-
nancial statement for the Transit
System through September 30,
1974).
Our program will be to subsidize
the losses of the Transit System
for the remainder of the year from
Revenue Sharing funds. It would
appear that the amount of sub-
sidization required will be about
$25,000 a month.
We would ask your approval to
Proceed with this program for fi-
nancing the transit system. We
would at a later date ask you to
amend the 1974 Budget to reflect
the additional expenditure of Rev-
enue Sharing money.
Francis A. Murray
Assistant City Manager
Councilman Lundh moved that
the crmmunication be received and
filed and the City Manager be re-
quested to set a meeting at their
convenience on what is being
talked about. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 28, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has con-
sidered the petition of Mr, Donald
Pettit and others requesting the
vacation of the easterly 281 feet
of the platted alley in the block
bounded by North Grandview Ave-
nue, North Algona, Green Street
and Avoca. The Commission has
also received the petition of other
owners of property within that
block urging that the platted al-
ley be retained. Copies of both
Petitions are herewith transmitted.
Regular Session, November 4, 1974 543
The Commission has noted that
persons purchasing property in t
that block, parties viaping access theplatted
to their prope
alley on reliance on its extension
through the block have acquired a
legitimate interest in the existence
of the alley as originally platted.
The Commission was also made
aware that certain of those prop-
erty owners objecting to the pro-
posed vacation of the alley have
made periodic use of it even
though it has not been improved.
In view of the objections of the
proposed vacation of the platted
it
alley, the Planning and Zoning
Commission has recommended that f
the platted alley be retained, and
that the petition of Mr. Donald
Pettit and others be denied.
City Planning and
Zoning Commission
Daniel. Dittemore
Development Planner
Mayor Thoms moved that the
communication he received and j
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh, i
Stackis.
Nays --None.
October 25, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted written ex-
aminations for the position of
Electrical Inspector I on October
15, 1974.
The following named applicants
have passed the written examina-
tion and are hereby certified for
appointment.
Daugherty, Willard ........82.9%
Neyens, Steven K. ..........75.9%
Marvin A. Vansickle
Chairman
Sr. Carolyn Farrell
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to befoT'e
me this 29th day of October, 1974.
Z. D. Hantelmann
Notary Public
Councilman Lundh moved that
he communication be received
and filed and made a matter of
record. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
October 25, 1974
To the Honorable Mayor and
Members of the Citv Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted written ex-
aminations for the position of
Building Inspector 1, on October
15, 1974.
The following named applicant
has passed the written examina-
tion and is hereby certified for
appointment.
Miller, Arthur 3 .............81.6%
Marvin A. Vansickle
Chairman
Sr. Carolyn Farrell
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 29th day of October, 1974.
Z. D. Hantelmann
Notary Public
Councilman Lundh moved that
the communication be received
and filed and made a matter of
record. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of James 11.
Schlegel, in the amount th
for damage to a mail
result of being backed into by a
City owned truck working at 1085
j W. 32nd St. on October 30, 1974,
presented and read. Mayor Thoms
moved that the notice be referred
to the City Solicitor for proper
proceedings. Seconded by the fol -
man Lundh. CarriCouncil-
man by
lowing vote:
Peas -- Mayor Thoms, Lundh
men Brady, Justmann
` Stackis.
Nays --None.
544 Regular Session, November 4, 1974
November 4, 1974
Honorable Mayor and
City Council
Pursuant to the order of the City
Council Eminent Domain Proceed-
ings were instituted against Gantz
Enterprises to secure the 217 acre
farm for use for the City as a land-
fill facility.
You are herewith advised that
on October 31, 1974, the condem-
nation jury awarded the property
owners the sum of $174,400.00 as
damages for the taking of said
real estate.
I have conferred with the City
Manager concerning said award
and he concurs with me in recom-
mending to you that said award
be paid.
Copy of Report of Condemnation
Commission and Notice of Ap-
praisement are enclosed herewith.
R. N. Russo
City Attorney
Councilman Lundh moved that
the communication be received
and filed and recommendation be
approved and City Auditor be di-
rected to issue proper warrant.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Ursula Drake re-
questing a refund of $50.00, on the
unexpired portion of Cigarette Li-
cense No. 471, as she discontinued
business on October 26, 1974, pre-
sented and read. Councilman
Lundh moved that the refund be
granted and City Auditor be di-
rected to issue proper warrant.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO, 375.74
Authorizing the Advertising for
Receipt of Proposals for Devel.
opment of Privately Owned
Housing Pursuant to Section 23
of the U.S. Housing Act of 1937,
as amended.
WHEREAS, under date of July
11, 1974, the City of Dubuque sub-
mitted in response to an invita-
tion of the United States Depart-
ment of Housing and Urban Devel-
opment an application for a Sec.
tion 23 Housing Assistance Pro-
gram for twenty-six newly con-
structed detached - single family
dwelling units; and
WHEREAS, under date of Octo.
ber 4, 1974, the City of Dubuque
was advised that the above de.
scribed application had been ap.
proved; and
WIiEREAS, the City of Dubuque
has been authorized to prepare a
Developer's Packet and to adver-
tise for proposals to develop the
housing units; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section 1. That the Department
of Community Development for
the City of Dubuque be and is
hereby authorized and directed to
publish an Invitation for Proposals
for the development of privately
owned housing in accordance with
the regulations of the United
States Department of Housing and
Urban Development in substantial-
ly the form of Notice attached
hereto and made a part thereof.
Passed, approved and adopted
this 4th day of November, 1974.
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays --Councilmen Brady, Just -
mann.
Proof of Publication, certified to
by the Publisher, of Notice of Pen-
dency of Resolution of Necessity
for public improvements and hear-
ing upon proposed plans and specs
and cost of constructing Phase II,
Waste Water Treatment Facilities
Contract IV, presented and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the
time set for the hearing. Mayor
Thoms moved that the proof of
Publication be received and filed.
Seconded by Councilman Lundh.
Regular Session, November 4, 1974 545
Carried by the following vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Necessity for improvement)
RESOLUTION NO. 343.74
WHEREAS, proposed plans, spe-
cifications, form of contract have
been duly prepared and approved
by the City Council of the City
of Dubuque and are now on file
in the office of the City Clerk
showing among other things the
following
1. An estimate of the cost of
the proposed improvement for
—PHASE II—
Waster Water Treatment Facilities
—CONTRACT IV—
The nature and the extent of
the improvements include an In-
termediate Lift Station, High Oxy-
gen Treatment Process, High Oxy-
gen Generation Facilities, Four
Final Clarifiers, Final Pumping
Station, Administration Building
Lab Addition, Thermal Condition-
ing Building, Miscellaneous Site
Piping, Splitter Boxes, Electrical
and Mechanical, Existing Plant
Modifications, Concrete Roadway
and Plant Site Landscaping.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the hereinmentioned
improvement, and unless any in-
terested person appears and files
objections to the proposed plans
specifications, or cost of such im-
provement they shall be deemed
to have waived all objections
thereto.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefor
by the consulting firm of Henning -
son, Durham and Richardson which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Sani-
tation Sewage Rental Fund and a
Federal -State Grant.
The above resolution was intro-
duced, approved, and ordered
hwith
is 30th day ofSeptember. 1874.
Record of Final Adoption
The foregoing resolution was
finally passed and adopted, as pro-
posed, by the City Council this
4th day of November, 1974.
Allan T. Thoms
Mayor
.lames E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved final adop-
tion of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 31, 1974
To the Honorable Mayor
and City Council
The construction of Central Bus-
iness District Traffic Signal System
Improvement Project and work in-
cidental thereto in and for the City
of Dubuque. Iowa has been sub-
stantially completed in accordance
with plans, specifications f between nd the
Moldt
contract by and
Electric Service, Inc. of Dubuque,
Iowa and the City of Dubuque,
Iowa.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded byCouncilman
the following
Lundh. Carried by
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --!gone.
FINAL ESTIMATE
RESOLUTION N0. 376.74
WliEltF.AS, the contract for the
Central Business District Traffic
Signal System Improvement Proj-
ect has been completed and the
City Engineer has submitted
his
cost
final estimate showinhe g
cost a esti-
thereof including and pre -
mates, notices, inspection,
paring the assessment and plat,
now therefore, b the City
BE IT RESOLVED Dubuque,
Council of the City
of That the cost determined said torove.o be
ment is hereby
s115,895.50.
546 Regidar Session, Novemher 4, 1W74
That None of the cost thereof
&hall be assessable upon private
property and $115,895.00 shall be
paid from the Road Use Tax Fund
of the City of Dubuque.
Passed, adopted and approved
this 4th day of November, 1974.
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
James E. Brady
C. Robert ,Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 377.74
WHEREAS, the contract for the
Central Business District Traffic
Signal System Improvement Proj-
ect has been completed and the
City Manager has examined the
work and filed his certificate stat-
ing that the same has been com-
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Road Use Tax
Funds upon the above described
improvement in amount equal to
the amount of his contract, less
any retained percentage provided
for therein.
Passed, adopted and approved i
this 4th day of November, 1974.
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
Attest: Councilmen
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun
Gilman Lundh. Carried by the fol.
]owing vote:
Yeas — Mayor Thoms, Council.
men Lundh, Stackis.
Nays—Councilmen Brady. Just-
mann.
RESOLUTION NO. 378-74
BE IT RB:SOLVED by the Cit•
Council of the City of Dubuque
Iowa, that the following having
complied with the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
.John Patrick O'Hara, 855 Century
Drive
Sindt Motorcycle Sales, Highway
20 West
Regal 8 :hotel, 2670 Dodge Street
Passed, adopted and approved
this 4th day of November 1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest: Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas -- Mayor Thoms, Council-
men Brady, Lundh, Stackis.
?days --councilman Justmann.
RESOLUTION NO. 379.74
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the Cit'.
CLASS "B" BEER PERMIT
John F. Glynn, 760 East 16th St.
John Patrick O'Hara, 855 Century
Drive, Also Sunday Sales
Passed, adopted and approved
this 4th day of November 1974.
Allan T. 'Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Regular Session, November 4, 1974 547
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays --None.
RESOLUTION NO. 380-74
W)1F,R.FJ1S, applications for
Beer Permits wemca and by the
they
within named app
have received the approval of
this Council; and
WI;(ERFAS, the premises to be
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds:
,TOW 'TIrFREFORE BE IT RE
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
John F. Glynn, 764 Fast 16th St.
John Patrick O'Hara, 855 Century
Drive. Also Sunday Sales
Passed. adopted and approved
this 4th day of 'November 1974.
Allan T. Thorns
Mayor
James F. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" COMMERCIAL
BEER AND LIQUOR LICENSE
J & RC Incorporated (Clark and
Kroeger), 431 Rhomberg Avenue
Passed, adopted and approved
this 4th day of November 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Len F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas -- Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO, M-74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WIlMEAS, the premises to be
occupied by such applicants were
inspected and found to comply
vti ith the State Law and all City
ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE 1T RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
Attest: be authorized to cause to be issued
Leo F. Frommelt to the following named applicants
City Clerk a Liquor License.
CLASS "C" (COMMERCIAL)
Mayor Thoms moved adoption o BEER AND LIQUOR LICENSE
the resolution. Seconded by
cilman Lundh. Carried by the fol- J & RC incorporated (Clark and
Kroeger), 431 Rhomberg Aw
lowing vote: ed
Passed, adopted and apP
Yeas — Mayor Thorns, Council- this 4th day of !November 1974.
men Brady, ,lustmann, Lundh, Allan T. Thorns
Stackis. Mayor
Nays ---None. James E. Brady
C. Robert Justmann
RESOLUTION NO. 381.74 Aril Stackis
WHEREAS, applications for Liq- Alvin E. Lundh
uor Licenses have been arj rtund Councilmen
to this Council for app
the same have been examined,
NUW TI.1k REFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be &P'
proved and Licenses issued upon
the compliance with the provisions
Attest:
Leo F. Frommelt
City Clerk
Mayor 'thorns moved adoption of
the resolution. Seconded b Coun-
cilman fol-
Lundh. Carried by
lowing vote:
548 Regular Session, November 4, 1974
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 383.74
A Resolution Approving the Al-
ternate "Railroad" Alignment of
the Proposed Dubuque Down-
town Freeway.
WHEREAS, the Iowa State High-
way Commission has conducted a
Corridor Location Study for a pro-
posed Dubuque Downtown Free-
way; and
WHEREAS, certain supplemen-
tary analyses have been conducted
of an alternate corridor location,
known as the "Railroad" alternate,
which has been proposed as a
means of resolving potentially ad-
verse effects on the Dubuque
County Courthouse and jail, and
WHEREAS, the Technical Com-
mittee of the Dubuque Metropoli-
tan Area Transportation Study
has examined said "Railroad" al.
ternate and associated studies of
traffic service, social and economic
effects, environmental effects, and
others, and has found said "Rail-
road" alternate to be on accept-
able corridor for purposes of fur.
ther design investigation.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa,
Section I. That the proposed
"Railroad" alternate corridor of
the Dubuque Downtown Freeway,
as described in the report of the
afore -mentioned Technical Com.
mittee, dated October 24, 1974, to-
gether with its supporting docu-
mentation, be and it is hereby ac-
knowledged as an acceptable basis
for further design investigation of
said Dubuque Downtown Freeway.
Section 2. That the Mayor is
hereby authorized to express the
endorsement of the City Council
in voting approval of said "Rail-
road" alternate corridor in mat-
ters before the Policy Committee
of the Dubuque Metropolitan Area
Transportation Study.
Passed, adopted and approved
this 4th day of November, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second.
ed by Councilman Stackis. Carried
by the following vote:
Yeas -- Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
Elsa Adams addressed the Coun-
cil relative to the Noise Ordinance.
At 9:50 P.M., Mayor Thoms
moved to go into executive session
to discuss appointments to various
Boards and Commissions. Second.
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh.
Stackis.
Nays --None.
Council reconvened in regular
session at 10:02 P.M. Mayor Thoms
announced the following appoint-
ments: Roy C. Mackert reappoint-
ed to the Citizens' Transportation
Committee, term expiring 8.20.77;
Charles Hilgert replacing Donna
Foote and Gary Still replacing Mi-
chael Farley appointed to the Ad-
visory Commission, terms expiring
6.1-76. Mayor Thoms moved ratifi-
cation of the appointments. Sec-
onded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays ---None.
There being no further business,
Councilman Justmann moved that
the meeting be adjourned, Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Regular Session, November 4, 1974 519
Approved February 10, 1975
Adopted February 10, 1975
Special Session, November 18, 1974
CITY COUNCIL
OFFICIAL
Special Session, November 18,
1974.
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of con-
sidering recommendations from
the Engineering Department rela-
tive to Traffic Control in the
Washington Street Neighborhood
from 15th to 20th Streets and act-
ing upon such other business as
may properly come before a reg-
ular meeting of the Council.
November 15, 1974
Honorable Mayor and
City Council
The consulting firm of Henning -
son, Durham and Richardson re-
quests time during the November
18, 1974 City Council meeting for
a progress report on possible ener.
gy recovery systems for the Du-
buque County Landfill.
John L. White, P.E.
City Engineer
A representative of H. D. & R.
presented Council with progress
report. Councilman Justmann
moved that the report be received
and filed and the Engineering De-
partment be directed to meet with
ACOG. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Mrs. George
H. Lanier expressing thanks for
the warm welcome extended when
they visited the City with the Na.
tional Trust, presented and read.
Mayor Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Printed Council proceedings for
the month of July 1974, presented
for approval. Mayor Thoms moved
i that the proceedings be approved
i as printed. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
November 8, 1974
Honorable Mayor and
City Council
I am returning to you the peti-
tion of :Mr. and !Firs. Timothy Al-
lan about a drain problem at 1190
Southern Avenue.
Please be advised that we are
repairing the drain.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received and
filed. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
November 8. 1974
Honorable Mayor
and City Council
I am returning to you a petition
of several young people who re-
quested the use of the old Naval
Reserve Building for recreation
purposes.
The staff of the Recreation De-
partment and Youth Services met
and worked with the young people
and their parents to make the
building available. We were not
successful in making the arrange-
ment.
For your information a copy of
a letter from Bill Pauly is at-
tached in which he describes the
staff effort.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received
and filed. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Special Session, November 1.8, 1974 5151
November 21, 1974
Honorable Mayor and
City Council
I have approved the following
bonds and policies and desire to
have your approval on same for
filing, subject to the approval of
the Cite Attorney.
SIDEWALK CONSTRUCTION
BONDS
Robert John Schulte, The Aetna
Casualty do Surety Co. Bond No.
20 S 22568 BC, dated September
22, 1974.
David Schreiber Construction Co
Merchants Mutual Bonding Com-
pany, Bond No. IA -321366, dated
October 30, 1974.
I" Ostrander, Aid Insurance Com-
pany, Bond No. Bd 8931, dated
November 4, 1974.
GENERAL LIABILITY POLICY
William Becker do Sons Stone Com-
pany, Iowa National Mutual In-
surance Co. Policy No. GLA
88267647, dated October 17, 1974.
Gilbert D. Chavenelle
City Manager
Councilman l.,undh moved that
the communication be received and
filed and filing; be approved sub-
ject to the approval of the City
Solicitor. Seconded by Councilman
Justman. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
November 6, 1974
Honorable Mayor and
City Council
On March 1, 1974, action was
commenced in the District Court
of Dubuque County, Iowa, by C.
Clark, D. Toom and L. Hogan, as
plaintiffs, against the City of Du-
buque, Iowa, Gilbert D. Chavenelle,
Allan Thoms, James Brady, Emil
Stackis, Alvin Lundh and C. Robert
Justmann, as defendants from
transferring public funds to Ecu-
menical Housing, Inc. for services
to the elderly disabled and handi-
capped of the City of Dubuque,
Iowa.
This matter was adjudicated by
the District Court of Iowa, Honor-
able T. H. Nelson, presiding, in
favor of the defendants on May 22,
1974, and thereafter, Notice of
Appeal to the Supreme Court of
Iowa was filed un May
by the plaintiffs. On the 14th day
of Octob^r 1974,.Motion to Dismiss
was filed by the City of Dubuque,
Iowa, and by order of the Supreme
Court on November 4, 19,4, the
appeal was dismissed.
This concludes the matter. Copy
of Dismissal is enclosed.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carired by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
November 4, 1974
Honorable Mayor and
City Council
On October 10, 1974, Lyle C.
Denlinger, 2184% Central Avenue
(Box *18). Dubuque, filed claim
against the City of Dubuque in the
amount of $46.93, and claiming
said damages occurred to his 1970
Volkswagon on October 5, 1974, as
the result of its being struck by a
City owned motor vehicle driven
by a City employee.
This matter was referred to the
appropriate City Agency who made
investigation thereof and reportud
to this office on October 29, 1974
that said claim had been amicably
disposed of. Accordingly, it is the
recommendation of the City At-
torney that the claim of Lyle C.
Denlinger be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of
Council
m Brady. Carried
Seconded by the follow-
ingBrady.
vote:
Yeas — Mayor Thoms, Council'
men Brady, Justmann,
Stackis.
Nays --None.
Notice of Suit of Donald J. Men.
adue, in the amount of $3000.00,
for personal injuries received in a
fall at 2749 Mu+catine Street on a
I defective curb on August 16, 1974,
presented and read. Mayor Thorns
I moved that the Notice be referred
to the City Solicitor for proper
552 Special Session, November 18, 1974
proceedings. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of personal injury claim
of Lorraine M. Jenkins, in an un-
determined amount, as the result
of a fall on Maplewood Court near
its intersection with Timberline
Street, due to a defective curb, on
October 23, 1974, presented and
read. Mayor Thoms moved that the
Notice be referred to the City Soli-
citor for proper proceedings.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None
Proof of Publication, certified to
by the Publisher, of Notice of
Public Hearing to amend 'Zoning
Ordinance No. 3-34 so as to in-
clude the recently annexed terri-
tory "Waechter Place in Center
Grove" as Local Business "B", pre-
sented and read. No written object-
ions were filed and no oral objec-
tors were present in the Council
Chamber at the time set for the
hearing. Mayor Thoms moved that
the proof of publication be received
and filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None,
ORDINANCE NO. 64.74
An Ordinance Amending and
Changing Ordinance No, 3.34,
known as "The Zoning Ordinancs
and Zoning Map of the City of
Dubuque, Iowa", Zoning and
Classifying Territory recently an.
nexed to the City of Dubuque,
Iowa as a "Local Business 'B'
District", which real estate is
hereinafter described,
said Ordinance having been pre•
viously presented and read at the
Council meeting of October 28,
1974, presented for final adoption.
ORDINANCE NO. 6474
AN ORDINANCE AMENDING
AND CHANGING ORDINANCE
NO. 3.34, KNOWN AS "THE ZON-
ING MAP OF THE CITY OF DU-
BUQUE, IOWA", ZONING AND
CLASSIFYING TERRITORY RE-
CENTLY ANNEXED TO THE
CITY OF DUBUQUE, IOWA AS A
"LOCAL BUSINESS 'B' DISTRICT",
WHICH REAL ESTATE IS HERE-
1NAFTER DESCRIBED.
Whereas, the real estate hereinafter de-
scribed was recently annexed to, and be-
came a part of the City of Dubuque, Iowa,
by Resolution No. 332-74 of the City
Council, passed, approved and adopted at
its meeting of September 23, 1974, which
annexation was upon voluntary petition,
and
Whereas, the Planning and Zoning
Commission of the City of Dubuque, Iowa
has approved and recommended that said
territory recently annexed and hereinafter
described be zoned and classified as a
"Local Business 'B' District".
NOW THEREFORE BE IT ORDAIN-
ED BY 7 HE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION L That Ordinance No. 3-34,
known as the "Zoning Ordinance and Zon-
ing Map of the City of Dubuque, Iowa,
be and the same is hereby amended by
classifying recently annexed property as
a "Local Business 'B' District", to wit
"Waechter Place in Center Grove"
in Dubuque Township, Dubuque
County, Iowa, consisting of 1.936
acres more or less
be and the same is hereby classified and
zoned as a Local Business "B" District.
SECTION 2. That said territory be and
the same shall be in and become part of
the Nineteenth Voting Precinct of Du-
buque, Iowa.
Passed, approved and adopted this lath
day of November, 1974.
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Published officially in the Telegraph
Herald this 22nd day of November, 1974.
Leo F. Frommelt
ATTEST: City Clerk
Leo F. Frommelt
City Clerk
It. 11.22.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas -- Mayor Thoms, Council-
men Lundh, Stackis.
Nays — Councilmen Brady, Just -
mann.
Communication of City Engineer
submitting traffic counts taken
during the 90 day Washington
Street test period from July 13th to
October 6th, presented and read.
Councilman Brady moved that the
communication be received and
filed. Seconded by Mayor Thoms.
Special Session, November 18, 1974 553
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain ---Councilman Lundh.
Novemher 15, 1974.
Honorable Mayor and
City Council
The recently completed test clo-
sures within the Washington Street
Neighborhood has reaffirmed our
belief that a large percentage of
the through traffic can be re-
directed to use the arterial street
system. From the test we learned
that in excess of 90% of the motor-
ists using these residential streets
are simpiv cutting through the
neighborhood. With the four divert-
ers in place this through traffic
was cut by approximately 45%,
and would he even greater on a
long-term installation.
We believe that by using divert-
ers within the neighborhood and
by making certain improvements
on the arterial streets around the
neighborhood, we can not only re-
duce nuisance traffic on the resi.
dential streets but provide a letter
level of service on the arterial
streets.
The City of Dubuque Traffic
Committee recommends that the
following items be included in the
1975 Street Program.
1. Signalization of 20th Street
at Elm Street, Approximate Cost
$12,000.
2. Interconnect of Signals at 20th
and; Elm, Jackson, White and Cen-
tral. Approximate Cost $9,000
3. Interconnect of signals on 14th
Street at Elm and Jackson Streets.
Approximate Cost $12,000.
4. Construct Island at 18th and
Central. Approximate Cost $5,000.
5. Construct traffic diverters on
Washington Street at: 15th, 16th,
18th and 19th Streets. Approximate
Cost $6,000. each.
We believe the above projects to
be to the long-term betterment o
the entire Dubuque Community.
John L. White, P.E.
City Engineer
Councilman Stackis moved aP
proval of the recommendations
Seconded by Councilman Just
mann. Carried by the: followin
vote:
Yeas — Councilmen Brady, Jus
mann, Stackis.
Nays—Mayor Thorns.
Abstain—Councilman Lundh.
Councilman Stackis moved to
suspend the rules to let anvotne
present address the Council if
they so desire. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain—Councilman Lundh.
The following addressed the Coun-
cil as being in favor of signaliza-
tion and the placing of diverters
in the Washington Street area:
Rev. Anthony Sigwarth, Attorney
Jim Reynolds, Hank Waltz and
Dick Vorwald. The following ad-
dressed the Council as being op-
posed to the changes: Attorney
Steve Scott, representing busi-
nesses and residents, John Tittle,
Al Hughes, representing Dubuque
Packing Co., B. B. Grote, Carl Da.
i vis, Mrs. Margaret Spoerre, Mr.
Scheekel, Chas. Kintzinger and
j Melvin Spoerre. Mayor Thoms
moved to reinstate the rules. Sec-
onded by Councilman Justmann.
I Carried by the following vote:
Yeas — Mayor Thoms, Council -
1. men Brady, Justmann, Stackis.
Nays --None.
Abstain—Councilman Lundh.
Petition of Rev. Anthony W. Sig-
warth requesting that the accom-
plishment already achieved in the
Washington Street neighborhood
not be stymied nor the future out
look for the area be blighted by
+ any action taken because their
plans run parallel to the new Fed-
eral guidelines, presented and read.
Councilman Brady moved that the
petition be received and filed. See -
1 onded by Mayor Thoms. Carried by
the following vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Stackis.
Nays—None.
Abstain—Councilman Lundh.ool
Petition of St. Mary's
by re-
submitting various points
f questing peace, quiet and safety
for the students of St. Mary's, pre-
sented and read. councilman
be ra-
ra-
dy moved that the petition
ceived and filed. Secondehd fy Ma-
yor Thoms. Carried by
follow-
ing vote:
Q yeas -- Mayor Thoms, Council-
men Brady. Justmann, Stackis.
Just
Nays -None.
Abstain --Councilman Lundh.
554 Special Session, November 18, 1974
Petitions of Washington Neigh.
borhood Council by hank Waltz
submitting a survey of former pe-
titions objecting to the barricading
in the Washington neighborhood
and requesting the closing of all
four streets 15th, 16th, l8th and
19th, also submitting a petition
showing 170 signatures urging the
completion of closing all streets
as originally planned, presented
and read. Councilman Brady
moved that the petition be re-
ceived and filed. Seconded by Ma-
yor Thorns. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Cound -
men Brady, .Justmann, Stackis.
Nays—None.
Abstain—Councilman Lundh.
Petition of Duane R. Geisler rep-
resenting Local 1861 requesting
that the proposed traffic control
method for the Washington Street
neighborhood be denied, presented
and read. Councilman Brady
moved that. the petition be re-
ceived and filed. Seconded by Ma-
yor Thoms. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain --Councilman Lundh,
Petition of Stephen W. Scott re-
questing the right to be heard
along with clients and attorneys on
the Issue of the proposed blockage
of Washington St., presented and
read. Councilman Brady moved
that the petition be received and
filed. Seconded by Mayor Thoms.
Caried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None,
Abstain—Councilman Lundh.
Petition of Dubuque Packing
Co., by Alfred Hughes attorney,
objecting to any proceeding which
would in any way limit or dimin.
ish the right of employees of the
Dubuque Packing Co, by barricad-
ing 15th, 16th, 18th & 19th Streets,
presented and read. Councilman
Brady moved that the petition be
received and filed. Seconded by
Mayor Thoms, Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain ---Councilman Lundh.
Petition of H & W Motor Ex-
press Co. in opposition to restrict-
ing traffic in the Washington
Street area, presented and read.
Councilman Brady moved that the
petition be received and filed. Sec.
onded by Mayor Thoms. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Stackis,
Nays—None.
Abstain ---Councilman Lundh.
Petition of John K. Tittle in the
form of a survey of the neighbor-
hood on the blocking of Washing-
ton Street intersections, presented
and read. Councilman Brady
moved that the petition be re-
ceived and filed. Seconded by Ma-
yor Thoms. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain --Councilman Lundh.
Petition of Dubuque Casket Co.
et al (141 signers) objecting to the
blockading of Washington Street,
presented and read. Councilman
Brady moved that the petition be
received and filed. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain—Councilman Lundh.
Petition of Mrs. Margaret
Spoerre et al (72 signers) 35 of
which are people living between
15th and 16th on Washington St.
objecting to the barricading of the
streets, presented and read. Coun-
cilman Brady moved that the pe-
tition be received and filed. Sec-
onded by Mayor Thoms. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays—None.
Abstain --Councilman Lundh.
Petition of National Foundation
of the March of Dimes requesting
permission to solicit funds for the
annual mother's march from Jan-
uary 1 to January 31, 1975, Pre-
sented and read. Mayor 'Thoms
moved that the petition be ap-
proved subject to the approval of
the City Manager. Seconded by
Councilman Brady. Carried by the
following vote:
Special Session, Novmber 18, 1974 555
Yeas — Mayor Thorns, Council-
men Brady. ,iustmann, Lundh,
Stackis.
Nays --None.
Petition of John J. Duggan re-
questing permission to install
street lights in Blocks 4 and 5 in q
Knob Hill Sub., also Blocks 1 and p
2 in Knob Hill Grove Suhd., pre e
sented and read. Councilman Brady p
moved that the petition be re- a
(erred to the City Manager and s
Electrical InspectorPored bystiga-
Ma-
tion and repo
vor Thoms. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, .iustmann, Lundh,
Stackis.
Nays—None.
Petition of James J. Hess et al
(43 signers) objecting to reclassi-
fying lots in Blocks 2 and 3 in Bies
Sub. from Single Family to Busi-
ness "B" District Classification,
presented and read. Councilman
Stackis moved that the petition be
referred to the City Planner and
Engineering Dept. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, ,iustmann, Lundh,
Stackis.
Nays- -?None.
Petition of Thermolyne request-
ing an extension of option agree
ment. for another two years to Feb-
ruary 12, 1977 on Lot 1 of Block
12, Block 13, and Lot 1 of Block
14 in River Front Sub. No. 3, pre-
sented and read. Councilman
Lundh moved that the petition be
referred to the Mayor's Industrial
Committee and City Solicitor for
updating Price. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Adele Urbain et al
(1573 signers) requesting authori-
zation and permission for motor
vehicle access from Stoneman
Road in vicinity of Imperial Lanes
to Kennedy Mall, presented and
read. Councilman Stackis moved
that the petition be referred to
the Planning & Zoning Commission
and Engineering Department. See-
ided by Councilman Justmann.
Arried by the following vote:
Teas — Mayor Thoms, Council -
en Brady, Justmann, Lundh,
tackis.
Nays—None.
Petition of Gantz Enterprises re-
uesting the City to grant a per-
etual vehicular and pedestrian
asement 30' in width over the
roperty condemned by the City,
iso that the City grade and con-
truct all-weather roadway to the
40 acre parcel adjoining the con-
demned property, presented and
cad. Mayor Thorns moved that the
P
etition be referred to the City
4lanager and City Solicitor. Sec-
onded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council,
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Table Mound Park
Inc. requesting rezoning of Lot i
Of 1 of 1 of 1 of 1 of 1 of 1 of
1 of Annie Walters Sub, No. 2 Sec.
I & 12 Twp. 88 N R2E containing
6.1/100 of an acre from present
Mulitple. Family District Classifi-
cation to Business District "A"
Classification, presented and read.
Mayor Thoms moved that the pe-
tition be referred to the Planning
& ming Commission. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas --Mayor Thorns, Council
men Brady, Justmann, Lundh,
Stackis-
Nays--None.
Proof of Publication, certified to
by the Publisher, of Notice of Pen-
dency on Resolution of Necessity
for construction of Cedar Street
Lift Station Valve and Sluice Gate
Modifications, presented and read.
Mayor Thoma moved that
the e proof d
of publication be Councilman
filed. Seconded by the follow
Justmann. Carried by
ing vote:
Yeas — Mayor Thoms, Council.
undh,
men Brady, .iustmann,
Stackis.
I Nays—None.
(Necessity For Improvement)
RESOLUTION NO. 354.74
WHA proposed plans, spe-
cifico
ations, form f contract have
been duly prepared and approved
by the City Council of the City of
556 Special Session, November 18, 1974
Dubuque and are now on file in
the office of the City Clerk show-
ing among other things the follow-
ing:
1. CEDAR STREET LIFT STATION
VALVE AND SLUICE GATE
MODIFICATIONS
—1974—
The nature and the extent of
the modifications consist of the re-
location of two sixteen (16) inch
automatic valves within the dry -
well of the lift station and the re-
installation of a new sluice gate
in the wetwell of the structure.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the hereinmentioned
improvement, and unless any in.
terested person appears and files
objections to the proposed plans
specifications, or cost of such im-
provement they shall be deemed
to have waived all objections there-
to.
Said improvement shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be paid from the Sani-
tation Sewage Rental Fund.
The above resolution was intro-
duced, approved, and ordered
placed on file with the City Clerk
this 14th day of October, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as pro-
posed by the City Council this 18th
day of November, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Attest: Councilmen
Leo F. Frommelt
City Clerk
Mayor Thoms moved final adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas -- Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Ordering Construction)
RESOLUTION NO. 384-74-A
BE IT RESOLVED by the City
Council of the City of Dubuque
that pursuant to a Resolution of
Necessity No. 354-74 which was
duly passed by this Council for
CEDAR STREET LIFT STATION
VALVE AND SLUICE GATE
MODIFICATIONS
—1974—
The nature and the extent of the
modifications consist of the reloca-
tion of two sixteen (16) inch auto-
matic valves within the drywell
of the lift station and the reinstal-
lation of a new sluice gate in the
wetwell of the structure.
Be and the same are hereby or-
dered and constructed by this
Council upon its own motion and
with or without the petition of
property owners. All the work
shall be constructed in accordance
with the plans and specifications
heretofore adopted and now on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvement be paid from the
Sanitation Sewage Rental Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NE-
CESSITY shall be in force and ef-
fect from and after its passage and
adoption by the City Council.
Passed, adopted and approved
this 18th day of November, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice to Con-
tractors of receipt of proposals for
the construction of Cedar Street
Special Session, November 18, 1974 557
Lift Station Valve & Sluice Gate
Modifications, presented and read.
Mayor Thoms moved that the proof
of publication be received and
filed. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
November 5, 1974
To the honorable Mayor and
City Council
Pursuant to your instructions,
sealed proposals were received un-
til 10:00 a.m., Tuesday, 'November
5, 1974 for the Cedar Street Lift
Station, Valve and Sluice Gate
Modifications, 1974.
The lowest bid was entered by
Fondell & Sons, Inc,, of Dubuque,
Iowa. Their bid was .0011% below
Engineer's estimate.
I recommend that the contract
for the improvement be awarded
to the Fondell & Sons, Inc.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
(Awarding Contract)
RESOLUTION NO. 385.71
WHE:R.E:AS, sealed proposals
have been submitted by contrac-
tors for the Cedar Street Lift Sta-
tion Valve and Sluice Gate Modifi-
cation pursuant to Resolution No.
355-74 and notice to bidders pub-
lished in a newspaper published in
said City on October 18, 1974 and
October 25, 1974; and
WHEREAS, said sealed propos-
als were opened and read on No-
vember 5, 1974, and it has been
determined that the bid of Fon-
dell and Sons, Inc. of Dubuque,
Iowa in the amount of $12,340.00
was the lowest bid for the furnish-
ing; of all labor and materials and
performing; the work as provided
for in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the. City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Fondell and Sons Inc. and
the Manager be and he is hereby
directed to execute a contract on
behalf of the City of Dubuque for
the complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
Passed and adopted this 18th
day of November, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
November 1, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Block 1,
Block 2 and Block 3 in "Timber
Ridge Addition" in the City of Du-
buque, Iowa.
The Commission has found that
the plat conforms to the approved
preliminary plat for this area and
meets the minimum requirements
of the Subdivision Regulations of
the City of Dubuque, Iowa.
It is the recommendation of the
City of Dubuque Planning and Zon-
ing Commission that the final plat
be approved.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
lifayor Thoms moved that the
communication be received
filed. Seconded by Councilman
558 Special Session, November 18, 1974
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 386-74
RESOLUTION APPROVING THE
PLAT OF Block 1, Block 2 and
Block 3, Each in Timber Ridge
Addition in the City of Dubuque,
Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Block
1, Block 2 and Block 3 each in
Timber Ridge Addition in the City
of Dubuque, Iowa, by Richard C.
Henschel and Mildred L. Henschel;
and
WHEREAS, upon said plat ap-
pear streets to be known as June
Drive and Richard's Road, together
with certain public utility ease-
ments which the Owners by said
plat have dedicated to the public
forever; and
WHEREAS, said plat has been
examined by the City Planning and
Zoning Commission and had its ap-
proval endorsed thereon; and
WHEREAS, said plat has been
examined by the City Council and
they find that the same conforms
to statutes and ordinances relating
thereto, except that street grades
have not been established, the
streets brought to grade, or pav-
ing, sewer or water installed;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedications
of Block 1, Block 2 and Block 3
each in Timber Ridge Addition,
together with the easements for
public utilities as the same appear
upon said plat, be and the same
are hereby accepted;
Section 2. That the plat of Block
1, and Block 2 and Block 3 each
in Timber Ridge Addition in the
City of Dubuque, Iowa, be and the
same is hereby approved and the
Mayor and City Clerk are hereby
authorized and directed to endorse
the approval of the City of Dubu-
que, Iowa, upon said plat, provided
the owners of said property herein
named, execute their written ac.
ceptance hereto attached agreeing:
a. To reduce all streets to grade
and to construct concrete curb and
gutter and to hard surface June
Drive and Richard's Road with bit
uminous concrete, or with concrete
paving with integral curb. all in
accordance with City of Dubuque
standard specifications;
b. To install sanitary sewer
mains and sewer service laterals
in accordance with plans submitted
with the plat;
c. To install water mains and
water service laterals in accord-
ance with plans submitted with the
plat;
d. To install storm sewers and
calchbasins in accordance with
plans submitted with the plat;
e. To install concrete sidewalks
as required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
f. To construct the foregoing im
provements in accordance with
plans and specifications approved
by the City Manager, under the
inspection of the City Engineer,
and in a manner approved by the
City Manager;
g. To maintain the foregoing im-
provements for a period of four
(4) years from the date of their
acceptance by the City of Dubu-
que, Iowa;
h. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
Richard C. Henschel and Mildred
L. Henschel, as owner;
i. To construct said improve-
ments, except sidewalks, prior t►
October 1, 1976, and to construct
the sidewalks prior to October 1,
1978;
and further provided that said
Richard C. Henschel and Mildred
L. Henschel, as owner of said Sub-
division, secure the performance
of the foregoing conditions by pro-
viding security in such form and
with such sureties as may be ac.
ceptable to the City Manager.
Section 3. That in the event Rich-
ard C. Henschel and Mildred L.
Henschel, shall fail to execute the
acceptance and furnish the secur-
ity provided for in Section 2 here-
of within 45 days after the date of
this Resolution, the provisions
hereof shall be null and void and
the acceptance of the dedication
and approval of the plat shall not
be effective.
Special Session, November 18, 1974 559
Passed, adopted and approved by
unanimous recorded roll call this
18th day of Al1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt.
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 386-74
We, the undersigned Richard C.
Henschel and Mildred L. Henschel
having read the terms and condi-
tions of the foregoing Resolution
No. 386.74 and being familiar with
the conditions thereof, hereby ac-
cept the same and agree to per-
form the conditions required there-
in.
Dated at Dubuque, Iowa, this
26th day of November, 1974.
/s/ Mildred LRHenschel
ichard
/ C. Henschel
TO,
LEO F. FROMMELT,
CITY CLERK.
This is to certify that the secur-
it
OL(p)'i'ION NOrovided y388the ing RES -
.74 has obeen fur-
nished by the owners.
Dated at Dubuque, 9Iowa, this
day of
...
............................................
City..Manager
Mayor Thoms moved adoption o
cilman resolution.
Brady. carredeb vtheoun
fol
lowing vote:
Yeas — Mayor Thoms. Lundh
ouncil
men Brady, Justmann,
Stackis.
Nays — None.
November ?, 197
To the Honorable Mayor
and City Council
Please find enclosed a Resol
tion and an Amendment to CO'
sent Order with the Department
Environmental Quality.
This amendment revises t
scheduled completion date f
Phase U of ment Facility e from t July, 1976 ater e
August, 1977.
This schedule is more realist
in light of the magnitude of t
construction project.
We respectfully request vo
authorization a197he to meeting
have t
November 18,
Mayor execute this document on
behalf of the City.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that the communication be receiv-
ed and filed.. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 367.74
\NIIEREAS, the City of Dubuque
and certain industrial contributions
to the Waste Water Treatment Fa-
cility and the Iowa Water Pollution
Control Commission have entered
into a CONSENT ORDER on May
25, 1972, and
WHEREAS, the City of Dubuque
has notified the Iowa Water POilu-
tion Control Commission and the
Department of Environmental
Quality of its inability to comply
with the implementation and time
schedule in the aforementioned Or
der and has requested a modifica
tion of the time schedules, and
WHEREAS, the Iowa Water
Quality Commission has concurred
in the modifications to the imple
mentation and time schedule con
tained herein, an Iowa Water
WHEREAS,
Quality Commission has provided
the Citv of Dubuque with an
AMENDMENT TO CONSENT OR
f DER.
NOW, therefore, be it resolved
by the City Council of the City of
Dubuque, lows; that the Mayor be
and he is hereby authorized and
directed to execute said AMEND-
MENT TO CONSENT ORDER with
shon 1owa and that rthQuality
Manager and
4 directed to Pro-
ceed with the Waste Water Treat -
u. meat program in order to comply
. with the time schedule outlined in
of said AMENDMENT TO CONSENT
ORDER. roved
he Passed, adopted and app
this 18th day of November, 1974.
°r Allan T. Thoms
at- Mayor
to James E. Brady
C. Robert Justmann
ic Alvin E. Lundh
he
Emil Stackis
Councilmen
urFr•ommelt,
of Attest: Leo.
Ciq Clerk
ho
560 Special Session, November 18, 1974
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
November 7, 1974
To the Honorable Mayor
and City Council
I am requesting your approval
to sign a contract with the U.S.
Bureau of the Census to conduct
a special census of the City of Du
buque in 1975. As you are aware,
the City of Dubuque's Road Use
Taxes, Liquor Profits and Munici-
pal Assistance are predicated on
population. Our receipts from
these three sources in 1974 will
average about $22 per capita.
Therefore, a population increase
of 362 will justify the cost of the
census.
Our plans are to have the census
conducted in 1975 and to certify it
with the State by December 1,
1975. These new population figures
must be certified with the Stare
no later than December 1, 1975 in
order for us to be eligible for funds
on the new population basis begin-
ning January 1, 1976.
The new population figures
would also be used in the compu-
tation of our assistance from the
State in the succeeding four years,
so that we would be eligible for aid
on a new population basis for a
five year period. Population data
used by the. U.S. Treasury Depart-
ment in allocation of funds under
Federal Revenue Sharing legisla
tion are derived from the 1970 cen-
sus. Presently there is no indica.
tion that the results of a special
census will be substituted for the
1970 data in the Revenue Sharing
computations. However, there is a
possibility that on an enactment of
a new Revenue Sharing Bill in 1976
that the new census figures would
be accepted. If this change would
be made we possibly would realize
additional benefits from the in-
creased population.
The total estimated cost of a
special census for Dubuque is
$33,550. Of this amount $16,450 is
payable on execution of a contract
and balance is payable on perform-
ance of the census.
You are therefore requested to
pass a resolution authorizing me
to sign a contract with the U.S.
Census Bureau to conduct a spec-
ial census in 1975.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that the communication be receiv-
ed and filed. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 388-74
WHEREAS, the Bumau of Cen-
sus of the United States Depart-
ment of Commerce is willing to
contract with the City of Dubuque
to conduct a special census in 1975;
and
WHEREAS, there is evidence
that the increase in population
since the 1970 census will entitle
the City of Dubuque to additional
Road Use Tax, Liquor Profits, and
Municipal Assistance; and
WHEREAS, the Bureau of Cen-
sus will conduct a special census
for the City of Dubuque at an esti-
mated cost of $33,550, of which
$16,450 will be payable to the
Bureau of Census on execution of
a contract and the balance will
be reserved for payment to Bur-
eau on performance of census;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA, that the City Manager be
authorized to sign a contract with
the Bureau of Census to conduct
a special census in the City of Du
buque in the year 1975 for an esti.
mated cost of $33,550.
Passed, adopted and approved
this 18th day of November, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Council
men Brady, Justmann, Lundh,
Stackis.
Nays — None.