1975 October Council Proceedings
Regular and Adjourned Regular Session, October 7, 1975 515
"iC-""'-~~~~~-'~~'" »""'" .". ,
CITY COUNCIL
OFFICIAL
Regular Session, October 6, 1975.
No members of the Council be.
ing present, the meeling was ad.
journed subiecllo call.
*****
Adjourned Regular Session, Oc.
lober 7, 1975.
Council mel al 7:30 P.M. (C.D.T.)
Presenl - Mayor Juslmann,
Councilmen Brady, Lundh, Meyers,
Slackis. Cily Manager Gilberl D.
Chavenelle.
Invocation was given by Dr. Wei-
bien, President of Wartburg Sem-
inary.
Mayor Justmann read the can
and stated that service thereof had
been duly made and this is AN
ADJOURNED MEETING OF THE
REGULAR MEETING OF OCTO.
BER 6, 1975, caned for the PUR-
POSE OF ACTING UPON SUCH
BUSINESS AS MAY PROPERLY
COME BEFORE THE MEETING.
Communication of Dubuque Ad.
visory Commission submitting min-
utes of their meeting of Septem-
ber 23, 1975, presented and read.
Councilman Stackis moved that
the minutes be received and filed.
Seconded by Mayor Justmann. Car-
ried by the foUowing vote:
.' Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Council of
Neighborhoods submitting minutes
of their meeting of September 26,
1975, presented and read. Coun-
bilinan Meyers moved to suspend
the rules to let auyone present ad-
dress the Councn If they so de.
sire. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
John Grau spoke to the Council
in reference to the formation of
a Community Development Com-
mission. Councilman Stackis moved
that the minutes of Council of
Neighborhoods he received and
flied and Work Session with them
be held on October 14, 1975, at
7:30 o'clock P.M. in the Council
Chambers at City HaU. Seconded
by Mayor Justmann. Carried by the
following vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Dubuque
Transit Trustee Board submitting
minutes of their meeting of Sep.
tember 25, 1975, presented and
read. Councilman Stackis moved
that the minutes be received and
filed. Seconded by Mayor Just-
mann. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Notice of Dubuque Disposal Co.,
indicating wish to exercise their
renewal option granted them in the
Lease & Agreement on the prop.
erty at 14th & Elm Streets, from
January I, 1975 to January 1, 1976,
presented and read. Mayor Just-
mann moved that the Notice be
referred to the City Manager. Sec-
onded by Councilman Meyers. Car'
ried by the following vote:
Yeas - Mayor Justmann, Coun'
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Attorney Wil-
liam A. Conzett, as a representa-
tive of owners of Lot 12 in Block
2 in Sunset Park Snbdivision No.
3, requesting correction of an
easement error 2.5 foot wide by
having the City re-deed the prop-
erty and refer to the City Attor-
ney for proper procedure, present-
ed and read. Councilman Stackis
moved that the communication be
referred to the City Attorney for
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of City Engi-
neer submitting Articles of Agree-
ment, establishing the Dubuque
Metropolitan Area Transportation
Study and requesting an opportun-
ity to explain their purpose and
recommending your review, pre.
sented and read.
Frank Sherkow and Karl Biasi
addressed the Council and spoke
516
Adjourned Regular Session, October 7, 1975
on the scope and purpose of Du-
buque Metropolitan Area Study
(D.M.A.S.).
Mayor Justmann moved that the
communication of City Engineer
be referred to Council for study at
next meeting. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
October 3, 1975
Honorable Mayor and
City Council
The assignment of additional per-
sonnel to the Department of Com-
munity Development has caused
considerable overcrowding in their
present space at Suite 10-B in the
Fischer Building, and we have in-
vestigated other space to alleviate
this condition.
It Is recommended that the pres-
ent lease with the Fischer Realty
Company be amended to permit
this department to move to Suite
480 in the same building. This
space contains approximately 1,100
square feet, and it would provide
minimal needs for the various func-
tions assigned to that department.
The terms of the lease amend-
ment would extend their present
lease until March 31, 1977, at a
new rental of $325 per month. Pres.
ent lease cost is $190 per month
for 750 square feet. The lease
:W9uld also contain provision for
termination in the event the de-
partment is moved to city owned
property.
We request your approval to
execute this lease amendment.
Francis A. Murray
Assistant City Manager
Councnman Meyers moved that
the request be approved and City
Manager authorized to sign the
Lease Amendment. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Councilmen Brady,
Lundh, Meyers, Stackis.
Nays-Mayor Justmann.
Notice of Claim of Loras D.
Coakley, in the amount of $114.30,
for car damage incurred as the
result of striking a protruding box
on a power pole in center of block
on 6th Street between Bluff & Lo-
cust Streets on 9-30-75, presented
and read. Mayor Justmann moved
that the Notice of Claim be re-
ferred to the City Attorney for in-
vestigation and report. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Notice of Claim of Joyce L. Tal-
mo, in the amount of $21.11, for
car damage incurred as the result
of driving into a protruding metal
grate in the street at 20th & Wind-
sor on September 18, 1975, pre-
sented and read. Mayor Justmann
moved that the Notice of Claim be
referred to the City Attorney for
investigation and report. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Notice of Claim of Sr. Mary
Thomas Eulberg, in an undeter-
mined amount, for personal in-
juries received in a fan on a de-
fective sidewalk on W. 5th. Street
on September 30, 1975, presented
and read. Mayor Justmann moved
that the Notice of Claim be re-
ferred to the City Attorney for in-
vestigation and report. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
October 7, 1975
Honorable Mayor and
City Council
The City Attorney was heret<>-
fore directed by the City Council
of the City of Dubuque, Iowa to
institute Eminent Domain Proceed-
ings to acquire a perpetual 20 foot
easement and a temporary 50 foot
easement in and through lands
owned by John M. Sutton and Viola
K. Sutton for the purpose of in-
stallation, repair and maintenance
of an 18 inch vitrified tile pipe
sanitary sewer.
The Sheriff's Jury Commission-
ers met on the 25th day of Septem-
her 1975 and entered an award
in the total amount of $13,236.00
and in the opinion of the City At-
torney said award should be paid.
'It. N. Russo
City Attorney
----
Adjourned Regular Session, October 7, 1975
517
Councilman Stackis moved that
the recommendation be approved
and City Auditor directed to issue
proper warrant. Seconded by Mayor
Justmann. Carried by the folJowing
vote:
Yeas - Mayor Jnstmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
AN ORDINANCE amending Or-
dinance No. .'33-49 known as the
"Traffic Code of Dubuque, Iowa,"
as amended by repealing Section
7.5 thereof and enacting a new Sec-
tion 7.5 in lieu thereof requîring
a driver of a vehicle involved in
an accident to give notice of such
accident to the office of the Chief
of Police when the apparent total
property damage is Two Hundred
and Fifty Dollars or more, present-
ed and read. Councilman Meyers
moved that the reading just had
be oonsidered the first reading of
the Ordinance. Seconded by Coun-
cilman Stackis- VOTE ON THE MO-
TION WAS AS FOLúOWS:
Yeas - Councilmen Lundh,
Meyers, Stackis.
Nays - Mayor Jnstmann, Coun-
cilman Brady.
Councilman Meyers moved that
the mle requîriug an Ordinance
to be received and filed at two
meetings prior to the meeting
when final aclion is taken, be dis-
pensed with. Seconded by Council-
man Stackis. VOTE ON THE MO-
TION WAS AS FOLLOWS:
Yeas - Councilmen Lundh,
Meyers, Stackis.
Nays-Mayor Justmann, Council-
nmn Brady.
Councilman Meyers moved final
adoption of the Drdinance. Second-
ed by Councilman Stackis. VOTE
ON THE MOTION WAS AS FOL-
LOWS:
Yeas - Councilmen Lundh,
Meyers, Stackis.
Nays-Mayor Justmann, Council-
man Brady.
REQUIREMENT OF % VOTE
NOT ACHIEVED FOR PASSAGE.
THIS WAS CONSIDERED THE
FIRST READING OF THE ORDI-
NANCE.
Petition of FlOyd D.Berendes,
requesting vacation of Jansen
Street abuttiug his property, ap-
proximately 400' west of 'Shiras
Avenue, presented.and read. Coun-
cilmanMeyers moved that the pe-
titionbe referred to the City Man-
ager and Staff. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None-
Petition of Insurance Women of
Dubuque, requesting the Mayor to
signa proclamation, proclaiming
the last week of October as "Safe..
ty on the Streets Week," presented
and read. Councilman Meyers
moved that the petition be re-
ceived and filed and the week so
proclaimed. Seconded by Mayor
Justmann. Carried by the follow-
ing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Mayers,
Stackis.
Nays-None.
PetUion of George & Mary Lou
Sorensen, requesting a refund of
$422.50 on unexpired portion of
Beer-Liquor License No. 2166, dis-
continued business on September
8, 1!j75, presented and 'read. Coun-
cilman Stackis moved that the re-
fund be granted and CUy Auditor
directed to issue proper warrant.
Seconded by Councilman Lund¡.
C&rried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Notice to Con-
tracters of Receipt of Proposals
for tl>e oonstruction of 5th Street
Parking Lot, presented and read.
Councilman Meyers moved that the
proof of publication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
October 2, 1975
Honorable Mayor .
aud City Council
Pursuant to your Instructions,
sealed proposals were received un-
til 1{}:OOam. D.S.T., Thursday, Oc-
tober 2, 1975 for the construction
of the Fifth Street parking Lot.
The low bid was submitted by
Tschiggfrie Excavating Company
of Dubuque, Iowa with a bid of
$19,457.92. This is 1.1% over the
Engineer's Estimate.
518
Adjourned Regular Session, October 7, 1975
I recommend that the contract
for the improvement be awarded
to Tschiggfrie Excavating Com-
pany.
Gilbert D. Chavenelle
City Manager
Mayor Justmann moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
(Awarding Contract)
RESOLUTION NO. 364.75
WHEREAS, sealed proposals
have been submitted by contractors
for the Fifth Street Parking Lot
pursuant to Resolution No. 332-75
and notice to bidders published in
a newspaper published in said City
on September 15, 1975 and Sep-
tember 22, 1975; and
WHEREAS, said sealed propos-
als were opened and read on Oc-
tober 2, 1975, and it has been de-
termined that the bid of Tschigg-
frie Excavating Company of Du-
buque, Iowa in the amount of
$19,457.92 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 Tschiggfrie Excavating 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 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 iustructed to re-
turn the bid deposits of the un-
successful bidders.
Passed and adopted this 7th day
of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Justmann moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Lundh, Meyers, Stackis.
Nays-Councilman Brady.
RESOLUTION NO. 365.75
Aulhorizing the Execulion of
An Annual Conlribullons Con.
Iract Wilh Ihe Uniled Slales of
America.
WHEREAS, under date of. Sep-
tember 18, 1975, an application for
a Section 8 Housing Assistance
Payments Program for 175 units
of existing housing was approved
for the City of Dubuque; and
WHEREAS, under date of Sep-
tember 25, 1975, an application for
the conversion of a Section 23
Housing Assistance Payments Pro-
gram to a Section 8 Housing As-
sistance Payments Program for 74
units of existing housing' was ap-
proved for the City of Dubuque;
and
WHEREAS, under date of Sep-
tember 26, 1975, an Annual Con-
tributions Contract identified as
Master Section 8 Annual Contri-
butions Contract No. KC-9004 cov-
ering the above identified projects
was tendered the City of Dubuque
by the United States of America;
and
WHEREAS, this Contract super-
cedes an Annual Contributions Con-
tract for a Section 23 Housing As-
sistance Payments Program autho-
rized to be executed by the City of
Dubuque on May 5, 1975; now
therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
SECTION 1. That the Master Sec-
tion 8 Annual Contributions Con-
tract No. KC-9004 is herebyap-
proved, and the Mayor of the City
of Dubuque is hereby authorized
and directed to execute the said
Contract on behalf of the City of
Duhuque.
SECTION 2. The Director of the
Department of Community Devel-
opment is hereby authorized and
directed to submit in the required
number of copies, the executed
Contract to the Government togeth-
er with such other documents evi-
dencing the approval and autho-
rizing the execution and implemen-
Adjourned Regulat Session, October 7, 1975
519
tation of such Contract asmay be
required.
. Passed, approved and adopted
this 7th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Jsmes E. Brady
Donald R. Meyers
Councilmen
Attest: Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Meyers- Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Notice of Re-
ceipt of Bids for Ambulance, pre-
sented and read. Councilman Stack-
is moved that the proof of publi-
cation be received and filed. Sec-
onded by Councilman Meyers. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
October 3, 1975
Honorable Mayor and
City Council
Attached is a letter from Chief
Robert N. Dunphy recommending
the purchase of a modular unit
amhulance from Environmental
Safety Products, Incorporated. This
firm was low bidder at a cost of
$22,900. We are recommending a
slight modification from the speci-
fications, which will reduce the
cost of the unit to $21,900.
You are requested to approve a
Resolution authorizing the City
Manager to proceed with the pur-
chasé' of this piece of equipment.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be receIved and
filed. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis. .
Nays-None.
(Awarding Conlract)
. RESOLUTION NO. 366-75
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the furnishing of an Am-
bulanceType 1 Vehicle Class .1,
Conventional Cab Chassis with
modular ambulance body pursuant
to direction of notice to bidders
published in a newspaper pub-
lished in said City on September
8, 1975 and September 15, 1975;
and
WHEREAS, said sealed proposals
were opened and read on Septem-
ber 24, 1975, and it has been de-
termined that the bid of Environ-
mental Safety Products, Inc. of Ke-
nosha, Wis- in the amount of
$21,900.00 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 Environmental Safety Prod-
ucts Inc. 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 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 7th day
of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Émil Stackis
James E. Brady
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Meyers. Càrriedby
the following vote:
Yeas. - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESOLUTION NO. 367.75
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examiued; .' ,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
~-,".~~,.o<",""",.".", '^,. ~~~c~...
520
th~ City of Dubuque, Iowa, that
the following applications be'grant-
ed and permits issued upon the
compliance with the terms of the
Qïdinances of the City.
CLASS "C" SEER PERMIT
Nash Finch Company-Warehouse
Market, John F. Keumedy, Hwy
20 West
Pass"d, adopted and approved
this 7th day of October 1975.
C. Robert Justmann
Mayor
AN!n E. Lundh
Emil Stackis
James E. Brady
Donald R. MeyerS
Councilmen
Attest:
Leo F. Frommelt
City Clerk
CouncilmanStackls moved adop.
tionof the resolution. Seconded by
Councilman Meyers. Carried by the
following vote:
'leas - Mayor Justmann, Coun-
dlmen Brady, Luudh, Meyers,
Stackis.
Nays-None.
ReSOLUTION NO. 3611.75
Wl'IEREAS,applications for Beer
Permits were filed by the within I
lIMned applièants and they have re-
eeivèd the approval of this Coun-
eil; and
WHEREAS, the premises to be
",,~pied by 'such applicants were
inspected and found tu 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 Cirty 'of Dubuque, Iowa, that
the Manager be auth<>rized to cause
to be issued to the following named
applicants a Beer Permit.
CLASS "C" BEER P£RMIT
Nash Finch Company, Warehouse
Market, JOM F. K"nnedy, Hwy
:20 West
Passed, adopted and awroved
this 7th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. lMndh
ìl!JmiI Stack1is
James E; Brady
Donald R. Me;yers
Cuuncilmen
Attest:
ILea F. Frommelt
aty Clerk
Adjourned Regular Session, October 7, 1975
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Meyers. Carried by
the following vo,te:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESOLUTION NO. 369.75
WHEREAS, applieations 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)
SEER AND LIQUOR LICENSe
Merlin F. Heiar, 1900 Washington
Street
Passed, adopted and approved
this 7th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Coun'cilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackls moved ,adop-
tion of the resolution. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas - MJ1yor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESOLUTION NO. 310-75
WHEREAS, J1pplications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the J1pproval of this
Council, and
WHEREAS, the premises to be
occupied by such J1pplicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW TFI'EREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorizeiil to cause to be issued
to tire ~ofiowing .._ed ,applicants
" Liqu-Gr License.
Adjourned Regular Session, October 7, 1975
521
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Merlin F. Heiar, 1900 Washington
Street
Passed, adopted and approved
this ' 7th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
Attest: Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded by
Councllman Meyers. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Attorney Dan-
iel P. Ernst, requesting that cer.
tain real estate in T. McCraney's
Second Addn., which forms a por-
tion of the rlght.of-way of High
Bluff Street be vacated, presented
and read. Councilman Meyers
moved that the communication be
received and filed. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESOLUTION NO. 371.75
WHEREAS, plat dated Octoher 7,
1975, prepared by Bartels, Mc-
Mahan, LeMay, Haas & Fay Engi-
neering Co. of that portion of va-
cated High Bluff Street which has
been platted and shall hereinafter
be described as:
Lot 2 of the Subdivision of the
northerly or northwesterly 25
feet of Lot 25; Lot 2 of the
subdivision of the northerly or
northwesterly 25 feet of Lot
24; Lot 2 of the Subdivision of
the northerly or northwesterly
25 feet of Lot 23; Lot 2 of the
subdivision of the northerly
or northwesterly 25 feet of Lot
22; and Lot 2 of the subdivi-
sion of the northerly or north-
westerly 25 feet of Lot 21, aU
in "T. McCraney's Second Ad-
dition to Dubuque" in the City
of Dubuque, Iowa, according
to the recorded plat thereof:
and
WHEREAS, said plat conforms to
the laws and statutes pertaining
thereto;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuuque, Iowa:
Section 1. That the plat dated
October 7, 1975, prepared by !;Iar-
tels, McMahan, LeMay, Haas & Fay
Engineering Co. covering the real
estate hereinabove described be
and the same Is hereby approved
and that the Mayor and City Clerk
be aud they are hereby author.
ized and directed to execute said
plat for and on behalf of the City
of Dubuque, Iowa.
Seclion 2. That the City Clerk
be and he is hereby authorized
and directed to file said plat and
this Resolution in the office of
the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted
this 7th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Meyers moved adop-
tion of the resolution. Seconded
by Mayor Justmann. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
ORDINANCII NO. 41.75
An Ordinance vacaling Ihal PO""
lion of High Bluff Slreel, plalled
and described as follows: Lol
2 of the Subdivision of Ihe North.
erly or Norlhweslerly 25 feet of
Lot 25; Lol 2 of the Subdivision
of the Northerly or Norlhwesl.
erly 25 feel of Lol 24; Lol 2 of
Ihe Subdivision of Ihe Norlherly
or Northwesterly 25 feel of Lol
23; Lol 2 of Ihe Subdivision of
Ihe Norlherly or Northweslerly
25 feel of Lol 22 and Lol 2 of
the Subdivision of Ihe Northerly
or Norlhweslerly 25 feel of Lol
21 all in "T. McCraney's Second
Addition 10 Dubuque" in Ihe City
of Dubuque, Iowa, according to
Ihe Recorded Pial Ihereof, pre-
senled and read,
111111
~,_.' '^ , <- ,"O,- -~.o """.oM~~_."_.~"o~..
Adjourned Regular Session, October 7, 1975
523
Adjourned Regular Session, October 7,1975
522
that the grantee shall assume and
pay for any expenses in connection
with maintenance and repair of
the property herein conveyed and
that no abstract will be furnished
and conveyance shall be by Quit
Claim Deed.
Passed, approved and adopted
this 7th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councllmen
5), Al Chidley (par. 10), Charlotte
Kelly (par. 8), Walter HolJ (par: 10),
Vince Kueper (par. 9), and Mike
Meloy (par. 9) to the newly formed
Rehabilitation' Housing Commis-
sion. Councilman Lundh moved
ratification of the appointments.
Seconded byo Councilman Meyers.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cllmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Coul\cilman
Lundh. Carried by the following
vote:
Yeas - Mayor Justmann, Coun'
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Leo F. Frommelt
City Clerk
P~bH,hed offici,ll" in ,he Tde."ph
Hmld New,p'p" ,hi, 10<1, d,y of 0",o-
10<,- 1975.
Leo F. F<ammel,
Ci'y CI"k
Mayor Justmann moved that the
readlngjust had be considered the
first reading of tbe Ordinance.
Seconded by'Councilman Brady.
Carried by the folJowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Máyor Justmann moved that the
rule requiring an Ordinance to be
received andofiled at two meetings
prior to the meeting when final
action is taken, be dispensed o with.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas --"- Mayor Justmann, Coun-
éllmen Brady, Lundh, Meyers,
Stackis.
Nays-None,
ORDINANCE NO. 41.75
It. 10-10.
Mayor Justmann moved final
adoption Of the Ordinance. Second-
ed by ,Councilman Brady. Carried
by the followiug vote:
Yeas - Mayor Justmann, Coun-
cllmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESOLUTION NO. 372.75
WHEREAS, The City of Du-
buque, Iowa is the owner of real
estate which real estate has been
platted o and shall hereinafter be
described as:
Lot 2 ofo the subdivision of the
Northerly or Northwesterly 25
feet of Lot 25; Lot 2 of the
subdivision of the northerly or
northwesterly 25 feet of Lot
24: Lot 2 of the subdivision of
the northerly or northwesterly
25 feet of Lot 23; Lot 2 of the
subdivision of the northerly
or northwesterly 25 feet of
Lot 22; and Lot 2 of the sub-
division, of the northerly or
northwesterly 25 feet of Lot
21, all in "T. McCraney's See-
oud Addition to Dubuque" in
the City of Dubuque, Iowa, ac-
cording to the recorded plat
thereof;
and
WHEREAS, Bethany Home 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
said real estate and finds that the
sale of same should be approved;
NOW THEREFORE BE IT ,RE-
SOLVED by the City Councll of
the City of Dubuque, Iowa:
Section 1. That the sale of the
hereinabove described real estate
owned by the City of Dubuque,
Iowa to Bethany Home 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 to Bethany
Home for the sum of $50.00 togeth-
er with costs of publicationJand
Attest:
LeoF. Frommelt
City Clerk
Councilman Meyers moved adop.
tion of the resolution and date of
hearing be set for October 17, 1975
at 4:30 o'clock P.M. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Councilman Lundh moved that
the City allocate $250.00 toward the
purchase of sign over the overpass
on Highway #20 to match funds
allocated by the County. Seconded
by Mayor Justmann. Carried by the
following vote:
Yeaso- Mayor 'Justmann, Coun-
cllmen Brady, Lundh, Meyers,
Stackis;
Nays-None.
At 9:20 P.M. Councilman Stackis
moved to go into Executive Session
to discuss appointments to various
Boards and Commissions. Seconded
by Mayor Justmann. Carried by the
following vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
COUNCIL RECONVENED IN
REGULAR SESSION AT 9:45 P.M.
WfltREÀS, B"h,ny Hom, '1",' ped-
doned ,he Ci<y Council of ,he Ci'y of
Dubuque, loiv. for ,he v,cotion of ,hot
po,don of High BluffS"cc', plotred ,nd
d"cdbed" follow",
100' 2 of rho ,ubdivi,ion of ,he north-
erly ur northw"rerlY25 foet of 10o,
25; ,100' 2 of ,he ,ubdivi,ion of ,he
nor,hirly or northwe"erly 25 fcct of
100' 24; 100' 2 of the ,ubdivi,;on of
northerly or northw"rerly 25 fc" of
Lot 23; Lot 2 ohh"uhdivi,;onof the
northerly ur northwe",rly 25 fcct of
. L'ot t2 ,nd Lot 2 of the ,ubdivi,ion
of the northerly 0' northwe""ly 25
. fcct of Lot 21 ,11 in "T. McC"ney',
Soeond' Addidon to Dubuque" in the
City of Dubuque, loW', ctco,ding to
',he",o,d,dplctthoroof;
,nd .
WHEREAS the City c<>uncil of the
City of Dubuque, low, d""min" rhot
"id p&don 01 High Bluff Street ,hould
b,vctotcd, " it no long" "tV" ,ny
poblic o purpo...
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA,
SEc'fibN 1. Thot thot purdon of High
Bluff Stre" horcinobov< d"eribed be ,nd
the "m' i, hereby v",oted " ¡, no long"
"m' "ny publico pu'po".
P""d, 'þprovcd ,nd ,dopred ,hi, 7rh
d,y of Oeroh", 197!.
° C. Robe'tO Ju"m'nn
Mayo,
Alvin E. Lundh
Emil S"cki,
10m" ° E. Boody
Don,ld R, MeyO"
Cooncilm,n
Approved ..................1976
Adopted ...................1976
..........................................................................,...,.,.
,................................................................................
...........................................".....................................
"""""""""""""""""""""""""""""""""""""""""
"""o""""""o"",o"""""""""'ëöüiïëïiïiïëñ"""""
....-..................
Attest: """"ëiïÿ"'ëï~~k
Mayor Justmann announced the
folJowing appointments:
Mrs. Judy Reilly to the Youth
Services Board of Directors; Paul
J,.. Britt, replacing George Dein-
inger ,on the Transit Trustees
Board for the unexpired term ex-
piring 7-30-77; Paul Rossiter (par.
7), Donald Hingtgen (par. 2), Chris
Reisch (par. 9), James J. Tully (par.
A'fTES'f,
1000 F. F<amm,),
Ci'y CI"k
Special Session, October
1975
Session, October 13, 1975
524
525
Councilman Lundh moved that the
minutes be received and filed. See"
onded by Conncilman Meyers. Car-
ried by the following vote:
Yeas - Mayor Justmann, Couu.
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Board of
Dock Commissioners submitting
minutes of their meeting of Oc-
tober 1, 1975, presented and read.
Councilman Stackis moved that the
minutes be reeeivedand filed. Sec-
onded by Councilman Meyers.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Dock Com-
mission submitting lease proposed
to be entered into between the Du-
buque Barge & Fleeting Service
Company and the Dock Commis'
sion, and requesting proper legal
procedure, presented and read.
Conncilman Stackis moved that
the communication be received
and filed. Seconded by Council-
man Meyers. Carried by the fol-
lowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESOLUTION NO. 373.15
WHEREAS, a proposed form of
lease between the City of Du.
buque, Iowa by and through its
Board of Dock Commissioners and
Dubuque Barge and Fleeting Ser-
vice Corporation, an Iowa corpora-
tion has been negotiated; and
WHEREAS said proposed lease
has been transmitted to the City
Council for public hearing,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
Section I. That the proposed
form of lea,se by and between the
City of Dubuque, Iowa by and
through its Board of Dock Com-
missioners and Dubuque Barge and
Fleeting Service Corporation, an
Iowa corporation be set for public
hearing and that the City Clerk be
and he is hereby directed to pub-
lish notice of public hearing on
said proposed lease as required by
law.
Passed, approved and adopted
this 13th day of Octoher, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
JoAnn Smith spoke to Council as
being in favor of the red-white-aud-
blue bridge. Shirley Moody, as rep-
resentative of an organized group,
addressed Council as being against
the trkolor bridge.
Councilman Brady moved to ad-
vise D.O.T. we would choose to
stand for a tri-color bridge until
a City referendum could be held.
Seconded by Mayor Justmann. Vote
on the motion was as fol1ows:
Yeas - Mayor Justmann, Coun-
cilman Brady.
Nays-Councilmen Lundh, Mey-
ers, Stackis. MOTION FAILED.
Councilman Lundh moved to re-
consider previous motion and we
advise D.O.T. that the bridge be
painted in the normal manner. Sec-
onded by Councilman Stackis. (Mo-
tion ruled out of order)
Councilman Stackis moved to re-
ject painting Julien Dubuque
bridge Red-White-and-Blue and ad-
vise D.O.T. accordingly. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Councilmeu Lundh, Mey-
ers, Stackis.
Nays - Mayor Justmann, Coun-
cilman Brady.
Communication of Iowa Depart-
ment of Environmental Quality sub-
mitting a statement of policy to
all owners of Waste Disposal Sys-
tems and persons intending to con-
struct or expand Waste Disposal
Systems, presented and read. Coun-
cilman Stackis moved that the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Dubuque His-
toric Preservation Advisory Board
stating that a definite and distinct
responsibility to restore and pre-
serve many Dubuque buildings of
historical value exists, and request
a review of Council Resolution No.
89-75 to determine within what
scope they should be operating,
presented and read. C. George
Biasi and Dan Dittemore addressed
Council and stated they would like
to make pointed recommendations
to the Council and the Key Word
is "Preservation." Councilman
Brady moved that the communi-
cation of Dubuque Historic Preser-
CITY COUNCIL
OFFICIAL
Special Session, October 13, 1975.
Council met al 7:30 P.M. (C.D.T.)
Present-Mayor Juslmann, Coun.
cilmen Brady, Lundh, Meyers,
Stackis. Cily Manager Gilbert D.
Chavenelle.
Invocation was given by Dr. Rob-
ert Giroux of Clarke College.
Mayor Justmann read the cal1
and stated that service thereof had
been duly made and this meeting
is called for the PURPOSE OF
ACTING UPON 5UCH BUSINESS
AS MAY PROPERLY COME BE.
FORE THE MEETING.
Communication of Mayor Just-
mann submitting copy of letter sent
to Scovill Manufacturing Co., dated
August 8, 1975, indicating a desire
to promote Caradco's welfare,
along with a press release dated
October 13, 1975, that Caradco
Window & Door Division of Sco-
vill announced plans for expansion
in Rantoul, Illinois, presented and
read. Councilman Meyers moved
that the communication be re-
ceived and filed. Seconded by Ma-
yor Justmann. Carried by the fol-
lowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Ecumenical
Housing Inc. inviting the Mayor
to participate in the dedication
ceremony of the new Ecumenical
Tower on Sunday, November 9th,
and requesting the Mayor to de-
clare week of November 2 thru
9th as "Ecumenical Tower Week,"
presented and read. Councilman
Stackis moved that the communi-
cation be received and filed and
Mayor so declare week of Nov. 2
to 9th as "Ecumenical Tower
Week" Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Playground &
Recreation Commission submitting
minutes of their meeting of Sep-
tember 8, 1975, presented and read.
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution and the pub-
lic hearing be set for October 27,
1975, at 7:30 P.M. in the Council
Chambers at City Hall. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Julien Du-
buque Chapter Daughters of the
American Revolution, being against
a tri-color bridge, requesting for-
mer Council action to be recon-
sidered, presented and read. Coun-
cilman Stackis moved that the com-
munication be received and filed.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of John Gronin-
ga of Mason City, Iowa, requesting
reconsideration of decision to
paint the Julien Dubuque Bridge
red-white-and-blue, and seek a col-
or more compatible with the sur-
rounding beauty, presented and
read. Councilman Stackis moved
.that the communication be re-
ceived and filed. Seconded by
Couucilman Lundh. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Mayor Justmann moved to sus-
¡>eDd the rules to lei anyone pres-
ent address the Council if they so
desire. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
.Siackis.
Nays-N'one.
526
Special Session, October 13, 1975
vation Advisory Board be received
and filed and the D.H.P.A.B.be
charged by the City Council to
study activities of other commun-
ities in regard to Historical Pres-
ervation, and further charge the
Board to prepare recommenda-
tions, goals and direction of the
Board and Ordinances affecting
the work of the Board and advise
the Council of its findings. Sec-
onded by Mayor Justmann. Carried
by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Local 94,
UAW requesting an Ordinance to
contain that the package of every
consumer commodity offered for
retail sale shall bear the. price of
such commodity in Arabic Num-
bers and the price shall be large
enough to be readable and shan
not be in code to conform to the
idea of their Consumer Affairs
Committee, presented and read.
Pat Dillon of UAW, Local 94,
Jim Harrison and Loras Amling
addressed the Council and urged
them to adopt an Ordinance on
unit price coding; Against Unit
Pricing; Items purchased be
marked by Arabic Numbers; and
Items be individually marked. Ma-
yor Justmann moved that the com-
munication of Local 94, UAW be
referred to the Citizens Advisory
Committee for expeditious han-
dling and also refer to the City
Solicitor to check into legal rami-
fications and report findings to
the Commission. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Mayor Just-
mann requesting that Bunker Hill
be open for snowmobiles at a fee
equal to green fees charged during
the golf season, presented and
read. Edward Jenni of Fairway
Drive, addressed the Council as
having no objections to the use
of Bunker Hill for snowmobiles,
but requested a time limit be set
for 10:00 P.M. Councilman Stackis
moved that the communication of
Mayor Justmann be referred to the
Recreation Department for inves-
tigation and report. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of City Engineer
submitting copies of proposed Arti-
cles of Agreement establishing the
Dubuque Metropolitan Area Trans-
portation Study (forward from last
meeting), presented and read.
Councilman Brady moved to ad-
vise D.M.A.T.S. that all 5 Coun-
cilmen be placed on the Commit-
tee. Seconded by Councilman
Stackis. Carried by ,the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
October 7, 1975
Honorable Mayor
and City Council
I am returning to you the peti-
tion for additional street lighting
in Arbor Oaks Subdivision.
The proposal has been reviewed
by the City Electrical Inspector
and it is recommended that seven
175 watt mercury vapor fixtures
on the developer's metal standards
be Installed at the following loca-
tions:
1. Between 3116 and 3110 Spring
Valley Road
2. Between 3090 and 3080 Spring
Valley Road
3. Between 3060 and 3050 Spring
Valley Road
4. Between 2990 and 3001 Arbor
Oaks Drive
5. Between 3049 and 3051 Arbor
Oaks Drive
6. Between 2955 and 2920 Arbor
Oaks Court
7. Between 3094 and 3100 Oak
View Court
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received and
filed and recommendation be ap-
proved. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication to the City Man-
ager from the Housing Inspector,
Special Session, October 13,1975
527
also from the Rehabilitation Super-
visor, submitting a report of the
findings of the property at 744
West 8th Avenue, presented and
read. Mayor Justmann moved that
the communication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Notice of Claim of Karl Feye,
In an undetermined amount, for
personal injuries received in a
fall on a defective sidewalk at 285
N. Grandview Ave. on September
23,1975, presented and read. Ma-
yor Justmann moved that the no-
tiGe of claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Notice of Claim of Janet Demp-
sey, in an approx. amount of $500,
for property damage incurred as
the result of a sewer back-up iu
the basement of her home at 1906
Ellen Street on October 5, 1975,
presented and read. Mayor Just-
mann moved that the notice of
claim be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
AN ORDINANCE amending Or-
dinance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by repealing Section
7.5 thereof and enacting a new
Section 7.5 in lieu thereof requir-
ing a driver of a vehicle involved
in an accident to give notice of
such accident to the Office of the
Chief of Police when the apparent
total property damage is Two Hun-
dred and Fifty Dollars or more;
said Ordinance having been pre-
viously presented and read at the
Council meeting of October 7, 1975,
presented and read. Councilman
Stackis moved that the reading
just had be considered the second
reading of the Ordinance. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
AN ORDINANCE amending Or-
dinance No. 181 by repealing Sec-
tion 7 thereof and Section 9 there-
of and enacting a new Section 7
and a new Section 9 in lieu there-
of, respectively, defining the Pow-
ers, and Duties of the Dubuque
Dock Board, presented and read.
Councilman Stackis moved that the
Ordinance be tabled to the next
Council meeting. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
AN ORDINANCE authorizing
James R. Kisting to construct a
chain barricade at 535 Hill Street,
presented and read. NO ACTION
TAKEN ON ORDINANCE, AGREED
TO CLOSE UP CURB CUT.
Petition of Carl W. Thumser et
ai, requesting the extension of sew-
er facilities on the south side of
J.F.K. Road north to 32nd Street
and the extension be to the rear of
their properties, presented and
read. Mayor Justmann moved that
the petition be referred to the City
Manager and Staff. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Petition of St. Columbkille's
School submitting a course of ac-
tion to eliminate the traffic hazard
on Bryant & Grandview by painting
the curb yellow; use a portable
stop sign; establish a 15 mile per
hour speed limit in the area all
the way down to Bryant and
Dodge; an adult supervisor in some
type of uniform, presented and
read. Mayor Jnstmann moved that
the petition be referred to the City
Manager and Traffic Department.
Seconded by Councilman Stackis.
Carried by the folJowing vote:
Yeas - Mayor Justmann, Conn-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
528
Special Session, October 13, 1975
Petition of Mrs. Helen Pfalzgraf
et ai, residents at 1660 and 1690
Asbury Rd., being cognizant of the
recent new zoning ordinance, have
found that area surrounding their
properties are classified as Com-
mercial, while their homes are not,
and requesting reinstatement to
the Commercial Zoning Classifica-
tion, presented and read. Mayor
Justmann moved that the petition
be referred to the Planning & Zon-
ing Commission. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Justmann, Coun-
ciimen Brady, Lundh, Meyers,
8tackis.
Nays-None.
Verbal petition by John Grau,
from the 11th Street Neighborhood
Association, requesting blocking
off Alice Street between Wilbur
Street and W. 11th St. for four
hours on Sanday, October 26th
F.M., for a hlock party, presented.
Mayor Justmann moved that the
re'la"st be approved and refer to
City Manager for implementation.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Jtlstmann, Coun.
"limen Brady, Lundh, Meyers,
Stackls.
Nays-None.
Petition of Hempstead Student
Govemment requesting permission
to conduct their Homecoming Pa-
rade on October 24, 1975, present-
ed and read. Mayor Justmann
moved that the request be ap-
proved and referred to the City
Manager for implementation. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun-
dim.... Bxady, Lundh, Meyers,
8t""ki8.
Nays-None.
Fetition of Duane Koeller re-
questing a ref1!>nd of $211.25 on
IJnre unexpired portio" of Beer-Liq-
uor Licemse, discontinued business
on May 28, 19~¡;' presented and
read, Mawor JuS'in1ann moved that
the refund be gra'lIlted and the City
Auditor directed to issue proper
wan'ant.Seconded by Councilman
Stackis. Carxied by the following
vote:
Yeas - Mayor Justmann,Çoan-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Decision of Council upon objec.
lions 10 plans, specificalions.
form of contnlcl and cosl of im'
provemenls.
RESOLUTION NO. 374.75
WHEREAS, proposed plans and
specifications and form of contract
for the San Jose swimming pool
parking lot and access sidewalk
have been approved by the City
Council of the City of Dubuque
and public notice given as pro-
vided by Chapter 362.3 of the Cod.
of Iowa, 1975, pertaining to pub-
lic 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 13th day of Octo-
ber, 1975; and
WHEREAS, the City Council met
in special session this 13th day of
October, 1975, at 7:30 o'clock P.M.
at the Council Chambers in the
City Hall for the purpose of hear-
ing an interested parties and con-
sidering any and all objections
wh.ich have been filed to the pro-
posed plans, specifications or con-
tract for or cost of the improve-
ment herein described and pro-
posed to be made; and
WHEREAS, an interested parties
!lave been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; now, theref{lre
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, he 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 coliltaining the
decision (If this Council upon all
objections which have been filed
to theplans, specifications and
form of cost said improvement he
made a matter of per",anent rec-
ord illl connection with said im-
pœvement.
Special Session, Oct{lber 13, 1975
529
Passed, adopted and approved
this 13th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Justmann moved adop-
tion of the resolution. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas - Msyor Justmann, Coun-
cilmen Lundh, Meyers.
Nays - Councilmen Brady,
Stackis.
October 10, 1975
Honorable Mayor and
City Council
The City Council, on September
15, 1975, adopted a Resolution rela-
tive to the environmental revIew
findings for the parking lot to be
constructed at the San Jose Swim-
ming Pool. This Resolution stipu-
lated that the City Clerk publish
a notice stating th.at there was no
significant environmental impact
relative to construction of this
facility. The public was given 15
days to respond. No written com.
ments relative to the publication
h.ave been received.
Regulations of the Community
Development Act are that after the
publication, the applicant must
publish a notice relative to th.e
project in a local newspaper stat-
ing that the applicant will be ap-
plying for the funds. After five
days the City can proceed to make
application for the funds.
In the application for the funds
our documents are required: 1) re-
quest for release of funds: 2) certi-
fication form to be signed by the
Mayor; 3) statement of the City
Attorney; 4) certification of the
City Clerk. Copies of these docu-
ments are enclosed.
We are, therefore, requesting
that you adopt a Resolution which
will authorize the City Clerk to
publish. a public notice for release
of funds and authorize th.e Mayor,
City Attorney and City Clerk to
sign the necessary documents for
the application of the funds-
Francis A. Murray
Assistant City Manager
Mayor Justmann moved that the
communication be received and
filed. Seconded by Councilman
Meyers, Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Lundh, Meyers-
Nays - Councilmen Brady,
Stackis.
RESOLUTION NO. 375-75
Aulhorizing Submission of aRe.
quesl for Release of Certain
Funds for Ihe San Jose Swim.
ming Pool Parking Lol and Ac.
cess Walk
WHEREAS, the City of Dubuque
under applicable provisions of the
Housing and Community Develop.
ment Act of 1974, has completed
the Environmental Review and
Clearance Procedures with respect
to a Project identified as the San
Jose Swimming Pool Parking Lot
and Access Walk Project; and
WHEREAS, it is the intent of
the City Council to authorize the
submission of a request to the U.S.
Department of Housing and Urban
Development for release of funds
under the said Act to carry out
the above identified Project, now
therefore
BE IT RESOLVED by the City
Council of th" City of Dubuque,
Iowa:
SECTION 1. That the Environ-
mental Review record for the San
Jose Swimming Pool Parking Lot
and Access Walk Project shall con-
tinue to remain on file in the Of-
fice of the City Clerk, where the
said record may be examined and
copied by any interested party.
SECTION 2. That the Mayor of
the City of Dubuque is hereby au-
thorized and directed to submit
to the U.S. Department of Housing
and Urban Development on the
22nd day of Octoher, 1975, a re-
quest for release of funds to un-
dertake the said Project.
SECTION 3. That the Mayor of
the City of Dubuque is hereby au-
thorized to consent to assume the
status of a responsible Federal of-
ficial under the National Environ-
mental Protection Act, insofar as
the provisions of the said Act ap-
ply to the U. S. Department of
Housing and Urban Development's
responsibilities for review, deci-
sion-making, and action assumed
and carried out by the City of Du-
buque as to environmental issues.
SECTION 4. That the Mayor of
the City of Dubuque is hereby aU-
530
Special Session, October 13, 1975
thorized to consent personally, in
his official capacity and on behalf
of the City of Dubuque, to accept
the jurisdiction of the Federal
courts if an action is brought to
enforce responsibilities in relation
to environmental reviews, decision-
making and action.
SECTION 5. That the Mayor of
the City of Dubuque be and he is
hereby authorized and directed to
execute a Certification pertaining
to the Environmental Review and
Clearance Procedures.
SECTION 6. That the City Clerk
be and he is herebY authorized and
directed to publish a public notice
for a Request for Release of Funds
and Certification in the form of
Exhibit "A" attached hereto and
made a part hereof.
Passed, approved and adopted
this 13th day of October, 1975.
C. Rohert Justmann
Mayor
Alvin E. Lundh
Donald R. Meyers
CouncUmen
and Iowa Streets, Dubuque, Iowa,
where said record may be exam-
ined/copied between the hours of
8:00 AM and 5:00 PM, CDT, Mon-
day through Friday until 5:00 PM
on the 4th day of November, 1975.
The name of the applicant is the
City of Dubuque, Iowa: the name
of the applicant's chief officer is
C. Robert Justmann, Mayor; and
the address of both is City Hall,
13ih and Iowa, Dubuque, Iowa
52001.
The City of Duhuque wìll under-
take the Project described above
with Block Grant funds from the
U; S. Department of Housing and
Urban Development (HUD), under
Title I of the Housing and Com-
munity Development Act of 1974.
The City of Dubuque is certifying
to HUD that the City of Duhuque
and C. Robert Justmann, in his of-
ficial capacity as Mayor, consent
to accept the jurisdiction of the
Federal courts If an action is
brought to enforce responsihUities
In relation to environmental re,-
views, decision making, and action;
and that these responsibilities
have been satisfied. The legal ef-
fect of the certification is that
upon its approval, the City of Du-
buque may use th~ ,Block Grant
funds and HUD wìll have satisfied
its responsibilities under the Na-
tional Environmental Policy Act qf
1969. HUD will accept an objection
to its approval of the release of
funds and acceptance of thecerti-
fication only if it is on one of the
following bases: (a) that the offi-
cer of the applicant; or (b) that
applicant's environmental review
record for the Project indicates
omission of a required decision,
finding, or step applicable, to the
Project In the environmental re,-
vIew process. Objections must be
prepared and submitted in accord.
ance with the required procedure
(24 CFR Part 58), and may be, ad'
dressed to HUD at Omaha Area
Office, 7100 West Center Road,
Omaha, Nebraska 68106. abjections
to the release of funds on bases
other than those stated above wl1l
not be considered by HUD. No, ob-
jection received after the 4th day
of November, 1975, will be còn-
sidered by HUD.
Leo F. Frommelt
City Clerk
Attest:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PU~LIC, NOTICE
Pursuant to the ~nvironmental
review and clearance requirements
~o)' the Communit:( Development
Block Grant Progr,am, the City of
Dubnque intends to file a request
for Release of Funds on October
22, ,1975, -in amount of $21,000_00 i
apd }or Certification of a Project
identified as the San Jose Swim-
înìng Pool Parking Lot and Access
Walk Project to be undertaken
with funds made ávailable under
'Title i ot the Housing and Com-
munity Development Act of 1974.
'The Project includes the con-
struction of a hard-surfaced park-
ing lot with eight inches of stone
base and two inches of asphaltic
material. The Project also includes
a five-foot concrete walk extend-
ing from the parking area to the
swimming pool facility. The park-
ing lot wìll contain concrete bump-
ers and an asphalt curb. Off-street,
parking for not less than 28 vehi-
deS wìll be provided.
. The City of Dubuque has made
ân Environmental Review record
for the Project,' and has placed,
thiS record on file in the office of
the <City"Clórk in City Hall, 13th
1 t. .10-14
Special Session, October 13, 1975
531
Mayor Justmann moved adop-
tion of the resolution. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas ~ Mayor Justmann, Coun-
cilmen Lundh, Meyers.
Nays - Councilmen Brady,
Stackis.
September 10, 1975
Honorable Mayor
and City Council
I hereby submit the East 16th
Street water main extension across
the E. 16th Street Bridge to Area
"c" of Industrial Park.
Submitted October 13, 1975.
John L. White, P.E.
City Engineer
Councilman Stackis moved that
the communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESOLUTION NO. 376.~5
Preliminary Estimate, and ap-
proval of plaus, specifications,
form of çontract ,and etc., for the
construction of East 16th Street
Water Main Extension across the
East 16th Street bridge to Area
"c" of Industrial Park, in the es-
timated amount of $53,086.00, pre-
sented and read. Counçilman
Stackis moved adoption of the res-
olution. Seconded by CouncUman
Lurtdh. Carried by the followIng
vote: '
Yeas - Mayor Justmann,'Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
(Necessily for Improv.menl)
RESOLUTION NO. 377.75
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 water main to be extended.
2. The size and kind of water
main.
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 for the East
16th Street water main exten-
sion across the E. 16th Street
bridge to Area "c" of Indus'
trial Park.
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 improvement shan be con'
structed and done in accordance
with' the plans and specifications
which have been prepared therefor
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 Dock Fuud.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 13th day of October, 1975.
Approved and placed on file for
final action.
Approved:
C. Robert Justmann
Mayor
Alvin n. Lundh
Emil Stackis
Donald R. Meyers
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved ap-
proval of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote: '
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
(Fixing dale of he.ring)
RESOLUTION NO. 378.75
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 376-75 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 con'
struction of: East 16th Streetwa-
532
Special Session, October 13, 1975
ter main extension across the E. I
16th Street Bridge to Area "c" of
Industrial Park, 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 3rd day of November,
1975, a public hearing will be held
at 7:30 o'clock P.M. CST in the
Council Chamber in the City of
Dubuque at which time the owners
of property may appear and make
objection to the proposed plans
and specifications and proposed
form of coutract and at the same
time to the boundaries of the pro-
posed district, to the cost of the
improvement, and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk be and
he is hereby directed to cause a
notice of the time and place of
such hearing to be published in
some newspaper published in the
city of Dubuque, prior to the day
fixed for its consideration and un-
less property owners at the time of
final consideration of said reso-
lution have on file with the Clerk
objections, they shall have been
deemed to have waived all objec-
tions thereto, at which hearing the
Council will hear such objections
and enter on record its final deci-
sion thereon.
Passed, adopted and approved
this 13th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Donald R. Meyers
James E. Brady
Councilmen
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications he grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "C" BEER PERMIT
Groves Kelco, Inc., Nabors Drug,
1920 Elm Street
Passed, adopted and approved
this 13th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Donald R. Meyers
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Meyers. Carried hy
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stacids.
Nays-None.
RESOLUTION NO. 380-75
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have re-
ceived the approval of this Coun-
en; 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 honds;
II NOW THEREFORE BE IT RE-
I SOLVED by the City Council of
II' the City of Dubuque, Iowa, that
; the Manager be authorized to
cause to be issued to the following
I named applicants a Beer Permit.
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 Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESOLUTION NO. 379-75
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
CLASS "C" BEER PERMIT
Groves Kelco, Inc., Nabors Drug,
1920 Elm Street
Passed, adopted and approved
this 13th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Donald R. Meyers
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, October 13, 1975
533
Councilman Stackis moved adop-
.tion of the resolution. Seconded by
Councilman Meyers. Carried by the
fo¡¡owlng vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Mayor Justmann moved that the
"Handgun Control Proceedings"
presented by the Mayor, be re-
ferred to the Citizens Advisory
Con>mission. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Leo F. Frommelt
City Clerk
Approved ..................1976
Adopted ...................1976
.............-..................................-...........
""""-"'-"""-""""""""""""""""""""
...............................-............................
""-"""""'-""""""""""""""""""""",
..............................................-..-..........
Conncilmen
Attest: """"""""""""""""""'-""-"'"
City Clerk
534
Special Session, October 17, 1975
CITY COUNCil
the City of Dubuque, Iowa on Oc-
tober 10, 1975, the City Council
of the City of Dubuque, Iowa met
on October 17, 1975 at 4:30 o'clock
P.M. (Central Daylight Time) in the
City Council Chambers, City Hall,
Dubuque, Iowa to consider the pro.
posal to dispose of interest of the
City of Dubuque, Iowa In real es-
tate, hereinafter described, to Beth-
any Home; and
WHEREAS, the City Council of
the City of Dubuque, Iowa over-
ruled any and all objections, oral
or written, to the proposal to dis-
pose of interest of the City of Du-
buque, Iowa in the hereinafter de-
scribed real estate to Bethany
Home;
OFFICIAL
Special Session, October 17, 1975.
Council mel at 4:30 P.M. (C.D.T.)
Presenl-Mayor Juslmann, Coun.
cilmen Brady, Lundh, Slackis. Cily
Manager Gilbert D. Chavenelle.
Absenl-Councilman Meyers.
Mayor Justmann read the call
and stated that service thereof
had been duly made and this Meet-
ing is called to CONSIDER A PRO-
POSAL TO DISPOSE OF INTER-
EST IN A VACATED PORTION
OF HIGH BLUFF STREET TO
BETHANY HOME, and acting upon
such other business as may prop-
erly come before a Regular Meet-
ing of the Council.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing to consider proposal to
dispose of interest in the following
described real estate to Bethany
Home: Lot 2 of the subdivision of
the Northerly or Northwesterly 25
feet of Lot 25: Lot 2 of the suh-
division of the northerly or north-
westerly 25 feet of Lot 24: Lot 2 of
the subdivision of the northerly
or northwesterly 25 feet of Lot 23:
Lot 2 of the subdivision of the
northerly or northwesterly 25 feet
of Lot 22; and Lot 2 of the subdi-
vision of the northerly or north-
westerly 25 feet Lot 21, all in "T.
McCraney's Second Addition to
Dubuque" in the City of Dubuque,
Iowa, according to the recorded
plat thereof, 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 Just-
mann moved that the proof of puh-
lication be received and filed. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Meyers.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of the City of Dubuque,
Iowa in the following descrIbed
real estate, to-wit:
Lot 2 of the Subdivision of the
Northerly or Northwesterly 25
feet of Lot 25; Lot 2 of the
Subdivision of the Northerly
or Northwesterly 25 feet of
Lot 24; Lot 2 of the Subdivi-
sion of the Northerly or North-
westerly 25 feet of Lot 23;
Lot 2 of the Subdivision of the
Northerly or Northwesterly 25
feet of Lot 22; and Lot 2 of
the Subdivision of the Norther-
ly or Northwesterly 25 feet of
Lot 21, all in "T. McCraney's
Second Addition to Dubuque"
in the City of Dubuque, Iowa,
according to the recorded plat
thereof
to Bethany Home for the sum of
Fifty ($50.00) Dollars and costs
of publication, that no abstract of
title will be furnished, conveyance
will be by Quit Claim Deed and
that the grantee shall assume and
pay for any expense in connection
with maintenance and repair of
the property herein conveyed.
Seclion 2. That the City Clerk
be and he is hereby directed and
authorized to deliver deed of con-
veyance, conveying the above de-
scribed real estate to Bethany
Home upon receipt of the purchase
price in fun.
RESOLUTION NO. 381.75
WHEREAS, pursuant to Resolu-
tion and published notice of time
and place of hearing, published in
the Telegraph-Herald, a newspaper
of general circulation published in
535
Special Session, October 17,1975
Seclion 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 17th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E- Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Justmann moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Meyers.
There being no further business,
Mayor Justmann moved to adjourn.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Meyers.
Leo F. Frommelt
City Clerk
Approved ..................1976
Adopted ...................1976
............................................................
.........................................,..................
""""""""""""""""""ëöüiïëiiiiiëiï'"
Attest: "'-"Ciïÿ"ëïërk""""""""""'"
Special Session, October 20, 1975
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Copy of communication from Na-
tional Resources Council, submit-
ted to Colonel Lycan, Rock Island
District Engineer, advising that the
Council has approved an applica-
tiou of the City and County for a
fiood plain information study along
Catfish Creek and the Little Ma-
quoketa River, presented and read.
Councilman Lundh moved that the
communication be received and
filed. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas - Mayor .Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communicationef Peo¡>les Nat-
ural Gas advising of an Increase
in rates November 19th of 12.72\1
per thousand cubic feet, reflecting
only the increase of the cost of
gas made effective by Northern on
October 27th, presented and read.
Councilman Stackis moved that the
oomm",,;cat¡e>n be received and
filed and referred to the City Man-
ager and City Attorney. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
536
CITY COUNCIL
OFFICIAL
Special Session, October 20, 1975,
Council mel al 7:30 P.M. (C.D.T.)
Present-Mayor Juslmann, Coun-
cilmen Brady, Lundh, Meyers,
Stack!s. Cily Manager Gilberl D.
Chavenelle.
Invocation was given by Rev.
Francis Friedl, President of Loras
College.
Mayor .Justmann read the call
and stated that service thereof had
been duly made and this meeting
Is called for the purpose of CON.
SIDERING A RESOLUTION ES.
TABLISHING A COMMUNITY DE-
VELOPMENT COMMISSION and
acting upon such other business as
may properly come before a reg-
ular meeting of the Council.
Communications from members
of Iowa D.O.T., Les Holland and
Allan T. Thoms, expressing
"Thanks" to the Council for the
kind hospitality extended to the
Legislative Visitation Committee
while in the City, October 6th &
7th, presented and read. Council-
mau Stackis moved that the com-
munications be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of James C. Clark
et ux, of Galena, Ill., voicing their
objection to painting the Julien
Dubuque Bridge red, white and
blue, presented and read. Coun-
cilman Stackis moved that the
communication he received and
filed. Seconded by Councilman
Lundh. Carried by the fonowing
vote:
Yeas ~ Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Edna L. Moss
of Freeport, Illinois, being in favor
of a red, white and blue Dubuque-
East Dubuque Bridge, presented
and read. Councilman Stackis
moved that the communication be
received and filed. Seconded by
Councilman Lundh. Carried by the
fonowing vote:
October 17, 1975
Honorable Mayor
and City Council
I herewith submit the reports of
the City Treasurer, Finance Direc-
tor, Water Superintendent, Health
Department, and a list of claims
paid, for the month of September
1975.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Meyers. Carded by the folle>wing
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Ll1ndh, Meyers,
Stackis.
Nays-None.
October 16, 1975
Honorable Mayor
and City Council
Some weeks ago the Council
asked about plans and design for
Special Session, October 20, 1975
537
rebuilding the Madison Street
steps.
I have talked to John White
about the work and he recommends
that we employ an outside consult-
ing engineer and architect.
I should like to contract for the
design. May I have your approval
to go ahead.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed and referred to City En-
gineer for report back to Council.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
October 16, 1975
Honorable Mayor and Members
of the City Council
I have approved the flJing of the
General Liability policy of William
Spiegel, d/b/a Spiegel Construction
Co. being policy No. BCP 307257,
effective 8-5-75 and expiring 8-5-78.
Approval as to content has also
been approved by the City Attor-
ney.
May we ask your approval for
filing purposes.
Gilbert D. Chavenelle
City Manager
Counci1man Lundh moved that
the communication be received and
filed and filing be approved. Sec-
onded by Councilman Meyers. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis-
Nays-None.
Octoher 16, 1975
Honorable Mayor
and City Council
Attached is a communication
from the National League of Cities
about the designation of a voting
delegate for the City at the An-
nual Congress of Cities.
I understand that Cottncilman
Stackis will attend the meeting.
Will you please delegate him the
voting representative of the City.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received
and filed and Councilman Stackis
be delegated as voting representa-
tive for the City. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Planning &
Zoning Commission submitting
minutes of their meeting of Octo-
ber 15, 1975, presented and read.
Councilman Lundh moved that the
minutes be received and filed. Sec-
onded by Councilman Meyers. Car-
ried by the followIng vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Councilman Lundh moved that
the Board of Zoning Adjustment
Commission be directed to study
Ordinance No. 32-75 for revision,
to provide direct mail notification
to those people affected by rezon-
ing of adjacent property, as stand-
ard procedure. Seconded by Coun-
cilman Meyers. Carried by the fol-
lowing vote:
Yeas - Mayor .Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays--None.
Communication of Rev. Marvin J.
Bries, President of Dubuque Girls'
Club Inc., submitting the name of
Alois Vogt as a designated repre-
sentative of their Club to serve
on the Community Development
Block Grant Program, presented
and read. Councilman Lundh moved
to suspend the rules to iet anyone
present address the Council if they
so desire. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
ci1men Brady, Lundh, Meyers,
Stackis.
Nays-None.
Rev. Bries addressed the Coun-
cil relative to the communication
and request. Council informed Rev-
Bries that any organization receiv-
ing funds from this Program was
not eligible to have a representa-
tive on the Commission.
Counci1man Lundh moved that
the communication of Rev- Bries
be received and filed and request
denied. Seconded by Councilman
Brady. Carried by the following
vote:
538
Special Session, October 20; 1975
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis-
Nays-None.
Communication of Dubuque Coun-
ty Snowmobile Ass'n. submitting
a proposal for rescue equipment
and advice and requesting finan-
cial assistance, presented and read.
Eldon Wilwert of the association,
spoke to the Council expressing
the need for Emergency Equip-
ment.
Mayor Justmann moved that the
communication of the Snowmohile
Association be referred to the City
Manager for investigation and re-
port. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Tom Deter-
man, President of the United Na-
tions Association, requesting dec-
laration that the week of Octoher
19th thru 24th be proclaimed
"United Nations Week" in Du-
buque, presented and read. Coun-
cilman Stackis moved that the
communication be received and
filed, and the request approved.
Seconded by Councilman Lundh.
carried by the following vote:,
Yeas - Councilmen Brady,
Lundh, Meyers, Stackis.
Nays-Mayor Justmann.
Commúnication of Donald Schute
et aI, submitting copies of letters
sent to the A & PStore on Asbury
Rd., appealing 'to them to clean
up the area at the rear of their
store, apparently little or no re-
sults, praying for relief from the
Council, presented and read. Coun-
cilman Stackis moved that the com-
munication be received and filed.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady,Lundh, Meyers,
Stackis.
Nays-None.
Commûnication of Dubuque Air-
port Commission submitting min-
ntes of their meeting of October
9, 1975, presented and read. Coun-
cilman Stackis moved that the min-
utes he received and filed. Second-
edbyCouncilman Meyers. Carried
by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Councilman Brady moved that
the City Clerk be authorized by
the City Council, to spend an
amount not to exceed $300 for the
purpose of advertising to the citi-
zens of Dubuque their need to in-
form the City Clerk's office if they
feel they have heen missed in the
recent Dubuque census. Seconded
by Mayor Justmann. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Notice of Claim of Thomas V.
Chapman, in an undetermined
amount, for personal injuries re-
ceived in a fall on a defective side-
walk on the west side of White
Street between 18th & 19th Street
on September 8, 1975, presented
and read. Mayor Justmann moved
that the notice of claim be referred
to the City Attorney for investi-
gation and report. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays~None.
ORDINANCE NO. 42.75
An Ordinance amending Ordi-
nance No. 33-49 known liS the
"TrafficCodeóf Dubùque, Iowa'"
as amended by repealing Section
7.5 Ihereof and enactIng a' new
Section 7.5 in lieu thereof re.
quiring a driver of a vehicle in.
volved in an accidenl 10 give no-
lièe of such áccidenl 10 Ihe of.
fice of Ihe Chief of Police when
Ihe apparenllolal property dam.
age Is two hundred and fifty
dollars or more,
Said Ordinance having been pre-
viously presented and read at the
Council Meetings of October 7.
1975 and Octobér 13, 1975, present-
ed for final adoption.
ORiDINANC¡¡ NO. 42'75
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 KNOWN
AS THE "TRAFFIC, CODE OF
DUBUQUE, IOWA" AS AMENDED
BY REPEALING SECTION 7.5
THEREOF AND ENACTING A
NEW' SECTION 7.' ' IN- LIEU'c
Special Session, October 20, 1975
539
THEREOF REQUIRING A DRIV-
ER OF A VEHICLE INVOLVED
IN AN ACCIDENT TO GIVE NO-
TICE OF SUCH ACCIDENT TO
THE OFFICE OF THE CHIEF OF
POLICE WHEN THE APPARENT
TOTAL PROPERTY DAMAGE IS
TWO HUNDRED AND FIFTY
DOLLARS OR MORE
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA,
SECTION 1. Th" O,din'n" No- 33-
49 known" th, "T"ffk Cod, of Du-
buqu', low," " 'm'nd,d bt ,nd th,
"mt i, hmby ,""nd,d by "p"ling
S"tion 7.5 thm"f 'nd ,""ting , n'w
S"tion 7.5 in li,u tbmof " follow",
"SECTION 7.5
Th, d,Iv" of , v,hid, involv,d in
,n ",id'nt "onIting in in;",y " "
d",h of 'ny pmon " ""I p"pt"y
d,m'g, " '" ipp",nt "tent of Two
Hund'ed ,nd' Fllty Doll", " mo"
,h,ll, imm,di"ely, by th, quick"t
m"n, "f communk,tion, giyo noti"
of onch "cid""t " th, Chi,f of Polke.
Ew,y p"" ofim, who, in th, "guI" ORDINANCE NO. 43-75
cou,", of duty, inYO"ig"" , mot"
vehide "cidtnt of whkh "'p"t AN ORDINANCE PROHIBITING
mu", b, m,d, " "qui"d in thi, "c- THE DR,IVING, FAR,IUNG OR
tion, tith" " th, tim, of 'nd " th, STORING OF MOTOR VEHICLES
,,'n, of th, "cid,nt " thm,fte, by IN, ON OR OVER THE EARTHEN
intmi,wing witn""" ,h,1l within DIKES OF THE DUBUQUE
tW,nty-fo", hou" ,£te, eompl"ins FLOODWALL AND PROVIDING
onch ,n inv"tig,tion, fil, ,w'¡tton FOR PENALTy FOR VIOLATION
"p"n of 'uch "cid,nt.!' ' HEREOF
P""d, 'ppmwd ,nd ,dopted thi, 20,h NOW THEREFORE BE IT ORDAIN-
d,y of botob", 1975. " ED BY THE CITY COUNCIL OF, THE
C. Rob", J""m,nn CITY OF DUBUQUE, IOWA
M,yo< SECTION 1. Th" the op""" of 'ny
Alvin E. Lundb m"" v,hid, i, hmby ,prohibited f,dm
Emil St,cki, d,iving in, on 0' upon, p"king " "0<-
Don,ld R. M,y'" ,ing 'ny moM "hid, on th, ,lop" ond
Councilm,n 'on th, mth'n dik" of th, Dubuqu'
ATTEST, , Floodw,Il",hdo lloWingd""'gn,,,d "e"
, L,o F. Fmmme1t of "id floodw,Il, to-wi" ,
City CI"k Bkyd, p"h fmm Shi", Avenu, Ex-
,~ubli,þ,d .fid,lly in the Tel,,"ph "",ion ",utI, to Si""nth S,,'" 16th
He"Id N,w,p'p" thi, 24th d,y of Ooto- S"'ot "'UtI, t. ,12th Sue,,;
bet, 1975. A", "A" dik, ,"':
, ' Loo F. FtOmmdt Doyo H"b" dike "eo,
City cI"k Founh S"", dik, to Ice H"b" g",..
It 10-24 SECTION 2. Any pWon, fi'm " c"p-
Councilman Stackis moved final o"'ion, vioI"ing cl" provi,iom of thi,
adoption of the Ordinance. Second- Odin,nct ,h,ll b, guilty of mi,d'm"n"
ed by Councilman MeyerS. Carried ,nd upon "nvietion ,h,ll b, fi~,d by the
by the following vote: poym'n~ of On, Hund"d (1100.00) D.I.
Yeas - Mayor Justmann Coun- I"", ,mpm.n,d f" thuty (30) d,y,.
cilmen Lundh, Meyers, Sta~kis. d P""d, ,dopted 'nd 'ppmv<d thi, 20th
Nays~Councilman Brady. 'y of OetObe" 197%;. Rob", Ju"m'nn
ORDINANCE NO. 43-75 AivinMt',°\urtdh
AN ORDINANCE PROHIBITING Emil St"ki,
THE DRIVING, PARKING OR J,m" E- B"dy
STORING OF MOTOR VEHIC- Do",ld R.. M'ym
L:ES IN, ON OR OVER THE ATTEST, Coun"lm'rt
EARTHEN DIKES OF THE DU- Leo F. FtOmmtlt
BUQUE FLOODWALL AND City Cleek
PROVIDING FOR PENAL TV
FOR VIOLATION HEREOF,
presented and read. Councilman
Meyers moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Couucilman Lundh. Carried
by the folJowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Couucilman Meyers moved that
the rule requiring an Ordinance to
be received and HIed at two (2)
meetings prior to the meeting
when final action is taken, be dis-
pensed with. Seconded by Council-
man Luudh. Carried by the folJow-
ing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
540
Session, October 20, 1975
Publi,hed offi,i,lIy in the T,¡eg"ph
H",'d New,!"p" ,hi, 24th d,y of Octo-
b" 1975.
Loo F. F,mnmolt
City cl"k
It 10-24
Councilman Meyers moved final
adoption of the Ordinance. Second-
edby Councilman Lundh. Carried
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
AN ORDINANCE amending Or- I
dinance No. 181 by repealing Sec-
tion 7 thereof and Section 9 there-
of and enacting a new Sectiou 7
and a new Section 9 in lieu ihere.
of, respectively, defining the Pow-
ers and Duties of the Dubuque
Dock Board (Forward from Last
Meeting), presented and read.
Councilman Lundh moved that the
Ordinance be referred to the city
Manager for finai perusal aud re-
port. Seconded 'by Councilman
Stackis. Carried by the following
vote:
yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Petition for suspension of taxes
due to infirmity of Harriet E. Frei-
burger, submitted by the County
and requesting approval by the
City, presented and read.
Councilman Lundh moved that
the petition be received and filed
and approved and City Clerk be
authorized to execute. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen BradY, Lundh, Meyers,
Stackis.
Nays-None.
Petition of Holy Trinity Catholic
Church requesting a refund of
$225. on the unexpired portion of
Class "B" Beer permit No. B..2766,
discontinued business on October
13, 197'5, presented and read. May.
or Justmann moved that the refund
be granted and the City Auditor be
directed to issue proper warrant.
Seconded by Councilman Meyers.
Carried by tJlO following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
MATCHING RESOLUTION
NO.390-75
Whereas, the City of Dubuque of
Iowa, by resolution duly passed
heretofore, has resolved that it wiJI
provide during the approved proj-
ect period cash funds for the fol-
lowing Iowa Crime Commission
project:
Amount of Funds
Tille of Project Being Provided
Police Training $61.92
Passed this 20th day of October,
1975.
Grant Number 702-75-06-0000-21-03
C. Robert Jusimanu
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
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 Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
RESOLUTION NO. 391-75
ESTABLISHMENT OF A COM-
MUNITY DEVELOPMENT COM.
MISSION FOR THE CITY OF
DUBUQUE, IOWA
WHEREAS, the City of Dubuque
is undertaking a Community De-
velopment Block Grant 'Program to
improve the quality of living prin-
cipally for persons of low and
moderate income; and
WHEREAS, the City of Dubuque
wishes to assure that a fair cross
section of the residents of the City
of Dubuque fully participate in the
continuous process of budgeting,
developing, monitoring and evalu-
ating the Community Development
Block Grant Program; and
WHEIREAS, it is deemed to he in
the best interest of the City of Du-
buque to create ,a Community De-
velopment Commission to exercise
such authority which maybe grant-
ed by the Council of the City of
Dubuque; nOw therefore
BE IT RESOLVED BY THE-CITY
COUN'OIL OF THE CITY OF DU-
BUQUE, IOWA:
Special Session, October 20,1975
SECTrON 1. That there is here.
by created in the City of Dubuque,
Iowa a Commuuity Deveiopment
Commission to be goverued by the
City Council of the City of Dubu.
que.
SECTION 2. That the Commun-
ity Development Commission shall
have and exercise that authority as
set forth in Exhibit "A" which is
attached hereto and made a part
hereof.
Passed, approved and adopted
this 20th day of Ociober, 1975.
C. Robert Justmann
Mayor
Alvin F" Lundh
James E. Brady
Donald R. Meyers
Councilmen
ATTESrr:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
COMMUNITY DEVELOPMENT
COMMISSION
I. Purpose and Charge
A. The purpose of the Com.
munity Deveiopment Commission
is to assure that a fair cross sec-
tion of the residents of the City of
Dubuque fully participate in the
continuous process of budgeting,
developing, monitoring and evalu.
ating the Community Deveiopment
Block Grant Program.
B. The Community Develop-
ment commission is charged with
the development of a community
development program based on
identifiable community develop.
ment needs and objectives through
the involvement of residents likely
to be affected by community de-
velopment and housing activities,
the private sector, and local gov-
ernment for submission to the
City Council for their considera-
tion.
The neighborhood organization
iu the communiiy development or-
ganizational structure is the hasic
grass-roots unit for analyzing prob-
lems, recommending objectives and
suggesting program strategies. It
is understood that the Community
Development Commission will rely
heavily on the neighborhood or-
ganization input when developing
aud evaluating the total community
development program.
II. Me'mbership
A. The Community Develop-
ment Commission shall have a
membership of not less thau twen-
ty-nine persons, and they shall be
appointed by the City Council of
the City of Dubuque for a period
of three years. Nine of the initial
appointments shall be for a one-
year term, nine of such appoint-
ments shall be for a term of two
years, and the balance of such ap-
pointments shall be for a term of
three years. Upon completion of
their term of office, members shall
continue to serve iu their full cap-
acity until a successor has beeu
duly appointed.
The City Council shall solicit
recommendatious from representa-
tive organizations before making
said appointments.
B. Membership of the Commun-
ity Developmeut Commission shall
be limited to resideuts of the City
of Dubuque.
C. A vacancy caused by resig-
nation or other reasons on the
Community Development Commis-
sion shall be promptly fiJIed by the
City Council of the City of Du-
buque for the uuexpired term of
offjce in the manner prescribed in
Section II. A. hereof.
D. Members of the Community
Development Commissiou shall at.
tend at least 66% % of all regular-
ly scheduled and held meetings
within any twelve-month period.
If any member does not attend the
prescribed uumber of meetings, it
shall constitute grounds, after
hearing by the Community De.
velopment Commission, for the
Commission to recommend to the
City Council that said member be
replaced.
E. No member of the Commun-
ity Development Commission may
be an employee of the City.
F. Not more than one represen-
tative from the same board or com-
mission of the City of Dubuque
may be a member of the Commun.
ity Developmeut Commission at
anyone time.
G. All members of the Com-
munity Developmeut Commission
shall serve wiihout compensation
except for reimbursement of auth.
orized out-of. town travel expenses
incurred in the discharge of their
duties.
H. The membership of the
Community Development Commis-
sion shall at all times include
the following representation.
541
542
Special Session, October 20, 1975
1. Two representatives from
each neighborhood organization
that has beeu recognized by the
City Council of the City of Dubu-
que, located within a commuuity
development target area, upon the
recommendation of the Depart-
ment of Community Development,
and Me representative from each
recognized neighborhood organiza-
tion not included in a community
development target area.
2. One union official
3. One elderly person
4. One housewife
5. One youth
6. One clergy
7. One handicapped person
3. One person from the legal
profession
9. One person representing the
business community
10. One person representing in-
dustry
11. One person representing
the arts
12. One person from organized
labor (rank .& file)
13. A member of the Advisory
Committee to the Department of
Social Services
14. A member of the Human
Rights Commission
15. A member of the Low-Rent
Commission
16. A member of the Rehabil-
itation Commission
17. A member of the Planning
& Zoning 'Commission
18. A member of the Dubuque
Advisory Commission
19. A member of the Dubuque
County Historical Society
20. A member of the League
of Women Voters
21. A member of the Park
Board
22. A member of the Play.
ground and Recreation Commission
The City Manager and the May-
or or their designates shall serve
as ex officio members of the Com-
munity Development Commission.
The City Council wiJI review the
membersbip on the Commission
yearly to assure that it maintains
a fair representation of the com-
munity.
HI. Organization
A. The Community Devel<>p-
ment Commission shall maintain
the following Standing Committees,
each of which shall be responsible
for but not limited to the areas
hereinafter described.
1. Public Improvements, Com.
mittee
This Committee wiJI study the
public improvemcnt needs of the
community on a geographic and/or
neighborhood basis and establish
improvement goals and priorities
using such documents as the cap-
ital improvement program, sireet
improvement program, Victor Gru-
en Plan and other programs and
studies as they are applicable.
2. Cilizen Parlicipation & Infor-
mation Committee
This Committee is charged with
initiating a public information and
citizens involvement program in
conjunction with the Community
Development staff to
A. Provide citizens with ade-
quate information concerning the
amount of funds available for pro-
posed community development and
housing activities, the range of ac-
tivities that may be undertaken,
aud other program requirements.
B. Provide an open.ended
method of communication' which
systematizes the flow of informa-
tion among the citizens, citizen
groups, elected and appointed of-
ficials.
3. Public Services Committee
This Committee is charged with
identifying the public service
ueeds of the community on a geo-
praghic and/or neighborhood bas.
is, establishiug goals, objectives
and priorities regarding these ser-
vices, and reviewiug all fundihg
requests for community develop-
ment funds from public agencies in
light <>f the identified needs.
4. Program Evaluation Commit.
tee
This Committe wiJI study the
progress of community develop-
ment activities, assess the effec-
tiveness of those activities and de-
velop strategies io remedy defic-
iencies. Overall the Program Evalu-
ation Committee wiJI review the
community devel<>pment program
to assure that it reflects the basic
goals of benefiting low and moder-
ate income families and aiding in
the eliminatiou and preventiM of
slums and blight.
B. Each of the Standing Com-
mittees shall be composed of not
less than five members to be ap-
Special Session, October 20,1975
543
pointed by the Chairman of the
Community Development Commis.
sion. The Chairman of each Stand-
ingC<>mmittee shall be named by
the Chairman of the Commission.
C. The Executive Committee in
cooperation with the Departmeut
of Community Development shall
prepare and submit alternative
community development programs
and program rationale to the Com-
munity Development Commission
for their discussion and evaluation.
Final program recommendations
shall be submitted by the Commis-
sion to the City Council of the City
of Dubuque for their consideratiou ,
and approval.
In the event the City Council dis-
agrees with any or all the recom-
mendations of the Community De.
velopment Commission, the City
Council wiJI fully consult with the
Commission prior to the submis-
sion of any application to the u.s.
Department of Housing and Urbau
Development.
D. The Community Develop.
ment Commission may adopt rules,
bylaws and regulations governing
its organization and procedures as
may be deemed necessary and
which are not in conflict with tills
document or any other resolutions
and <>rdinances <>f the City of Du.
buque.
E. All programs, projects and
the services to be performed by
members of the Community Devel-
opment Commission either singu.
larly or as a Commission, must
conform to the policies of the City
of Dubuque aud to applicable local.
state and federal laws, rules and
regulations.
F. Nothiug in this organization-
al structure prohibits or prevents
auy person or group of persons to
inforroally or formalJy petition the
Dubuque City Council or the city
administration regarding the com-
munity development program.
IV. Meetings
A. The Community Develop.
ment Commissiou shall hold an or-
ganizati<>nal meeting <>n a date
selected hy the Mayor of the City
of Dubuque and a reorgauizational
meeting annually thereafter.
B. Each Standing Committee
shall be appointed in not more
than fourteen days after the or-
gauization and/or reorganization of
the Community Development Com-
mission.
C. The Community Develop-
ment Commission shall file with
ihe City Council a copy of the min-
utes of each regular' and special
meeting of the Commission within
ten working days after each such
meeting.
D. A majority of the Commis.
sioners shall constitute a quorum
for the purpose of conducting busi-
ness and exercising such powers
as delegated to them by the City
Council. Action may be taken by
the Community Development Com-
mission upon a majority vote of
the Commissioners preslent, un-
less in any case the bylaws of the
Commission shall require a larger
number.
V. Staff
A. The Community Develop-
ment Coordinator for the City of
Dubuque shalJ act as Secretary of
the regular and special meetings
of the Community Development
Commission and shall record all
votes, keep a record of all proceed-
ings of the Commission and per-
form such other duties incident to
the office of Secretary.
B. The Community Develop.
ment Department shall have gen-
eral supervision of the administra-
tion and affairs of the Community
Development Commission, subject
to the direction of the Commission.
The Department shall maintaiu the
records of the Commission and
shalJ be charged with the overall
management, administration and
operation of alJ community ,devel-
opment programs.
Mayor Justmann moved adop-
tion of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers.
Nays - Councilman Stackis.
October 14, 1975
Honorable Mayor '
and CityC<>uncii
This is to advise you that the
Washington Street Traffic Divert-
ers Project has been completed
in accordance with the City of
Dubuque plans and specifications.
I, therefore, recommeud the ac-
ceptance of the above named proj-
ect.
Gilbert D. ChavenelJe
City Manager
'-C-~-~'~-~"""~.'~~" <~~.,""""'_&~ - "' " ..~~
544
Special Session, October 20, 1975
Councilmau Stackis moved that
the communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady,Luudh, Stackis.
Nays - Councilman Meyers.
FINAL ESTIMATE
RESOLUT,ION NO. 382.75
WHEREAS, the contract for the
Washingtou Street Traffic Divert-
ers Project has been completed
and the City Eugineer has submit-
ted his final estimate showing the
cost thereof including the cost of
estimates, notices, inspection, and
preparing the assessment and plat,
uow therefore,
BE IT 'RESOLVED, by the City
Council of the City of Dubuque,
that the cost of said improvement
is hereby determined to be
$16,134.92.
That $0 of the cost thereof shall
be assessable Upou private prop,
erty and $16,134.92 shall be paid
from the Road Use Tax Fund 82-
5701.2311-00 Fund of the City of
Dubuque.
Passed, adopted and approved
this 20th day of October, 1975.
C. Robert Justmann
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 Justmann, Coun.
cilmen Brady, Lundh, Stackis.
Nays - Councilman Meyers.
(A Resolution Accepting Improve.
menl)
RESO'LUTION NO. 383.75
WHEREAS, the contract for the
Washington Street Traffic Divert-
ersProject has been completed
and the City Manager has examiu.
ed the work and filed his certifi-
cate stating that the same has been
completed according to the terms
of the contract, plans and specifi-
catious and recommends its accept-
ance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
Cíty 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
Fuud.
Passed,
this 20th
adopted aud approved
day of October, 1975.
C. Robert Justmann
,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 Councilmau Lundh. Carried hy
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis.
,Nays - Councilman Meyers.
October 17, 1975
Honorable Mayor
and City Council
The Office of 'Planning and Pro.
gramming for the State of Iowa has
informed us that an additional
$259,359 has been allocated to the
City of Dubuque under Title VI of
the Public Service Employmeut
Program. This allocation is in ad-
dition to $80,567 allocated to the
City in Jauuary of 1975. The City
of Dubuque has been designated
as a Program Agent for the Office
of Planning and Programming for
both OETA Title II and CETA Title
VI. Consequeutly we are submit-
ting to you a contract that wiJI
amend the contract signed by the
City in January 1975 to identify
the planned expenditure of the
additional $259,359.
Under the OETA Program signed
in December of 1973, there are
many different titles whereby the
City is eligible for public assistauce
funds. In January of 1975 the City
signed a contract with the Office
of Planniug and Programming for
administration and operation of
Title VI for funds of $80,567. At
that time 8 employees were placed
iu City employment; 5 of these
employees were funded through
June 30, 1976 and three through
January 1, 1976.
Special Session, October 20,1975
545
In September funds became
available under Title II which is
related to conditions when unem,
ployment in the community ex-
ceeds 6'12%. The amount of funds
available between September and
June 30, 1976 was $78,602. At that
time we contacted local ageucies in
the City and made arrangements
for employment of 15 people.
With the additional funds now
availahle to the City we have con-
tacted outside eligible agencics and
also our own City departments as
to how these fuuds could be effec-
tively utilized. On evaluation of
both requests of departmeut heads
and requests from outside agencies
we are proposing 22 people be as.
signed to the outside agencies with
the expenditure of $110,544, the
addition of 22 positions for the
City of Dubuque and continuation
of the funding of the three existing
CETA positions from January 30,
1976 - June 30, 1976. we believe
that the majority of the positions
requested for the City are positions
that can be terminated on June 30,
1976. A number of these positions
would be in a public service pool
where the personnel would be as-
signed to special projects that
could not be performed under our
present budget. We believe that
these projects will be beneficial to
tbe community and will be effec-
tive utilization of the CETA funds.
Attached is a Resoiution which
we would ask that you adopt. This
Resolution authorizes the Mayor
to sign a contract for the admiu.
istration and expenditure of the
additional Title VI funds.
Francis A. Murray
Assistant City Manager
Mayor Justmann moved that the I
communication be received sud
filed. Seconded hy Councilman
Meyers. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Lundh, Meyers, Stackis.
Nays - Councilman Brady.
RESOLUTION NO. 384.75
RESOLUTION AUTHO'RIZING
THE MAYOR TO SIGN A CON.
TRACT FOR THE ADMINIS-
TRATION AND OPERATION OF
A PUBLIC SERVICE EMPLOY.
MENT PROGRAM UNDER
TITLE VI OF PL 93.303.
WHÐREAS, the Federal Govern-
ment has enacted the Comprehen-
sive Employment and Training Act
Title VI and has made funds avail-
able to hire unemployed people;
and
WHEREkS, the Governor of the
State of Iowa, through the Office
for Planning and Programming,
has designated the City of Dubu-
que as a Program Agent; and
WHEREAS, previously the City
of Dubuque, in FY '76, has been
allocated $80,567:00 under this pro-
gram; and
WHEREAS, additional funds in
the amount of $259,359.00 have
been allocated to the City of Du-
buque for the purpose of expand-
ing the Public Service Program in
the commuuity; and
WHEREAS, it is required of the
City, as Program Agent, to submit
an employment plan and contract
with the Iowa State Office for
Planning aud Programming:
NOW, THEREFOHE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CiTY OF DUBUQUE,
IOWA that the Mayor is authorized
to sign the Contract for Public Em-
ployment with the Iowa State Of-
fice for Planning and Program-
ming.
Passed,
this 20th
approved and adopted
day of October, 197,5.
C- Robert Justmann
Mayor
Alvin E.Lundh
Emil Stackis
Donald R. Meyers
Councilmen
ATl'ÐST:
Leo F. Frommelt
City Clerk
Councilman Brady moved that
the position of Equal Employment
Officer be stricken from the Pro-
gram. MOTION DIED FOR LAOK
OF A SECOND.
Mayor Justmann moved adop-
tion of the resolution. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Lundh, Meyers, Stackis.
Nays - Councilman Brady.
Communication of Attorney Jo-
seph J. Bitter requesting the Mayor
and Clerk to join in the vacation
of the plat of Hawkeye Estates to
begin the process of correction and
546
Special Session, October 20, 1975
final platting of a corrected plat, I
presented and read. Councilman
Stackis moved that the communi.
cation be received and filed. Sec-
onded by Councilman Luudh. Car-
ried by the foUowing vote:
Yeas - Mayor Justmann, 'Coun-
cilmenBrady, Lundh, Meyers,
Stackis.
Nays-None.
CITY OF DUBUQUE, ~OW A
RESOLUTION NO. 385.75
WHEREÆS, by Resolution No.
128-73, passed, adopted and approv-
ed by the Dubuque City Council on
April 16, 1973, the Dubuque City
Council did approve Lot 1 through
29 and Lot A in Hawkeye Estates
in the City of Dubuque, Iowa, and
did accept Hawkeye Drive and Iu-
wood Avenue as public streets in
the City of Dubuque, Iowa; and
WHEREAS, on September 18,
1973, a correction plat of Lots 6
through 19 in Hawkeye Estates
was filed in the Office of the Du-
buque Coun,tyRecorde,r as Instru-
'ment No. 7492-1973 of the records
of Dubuque County, which correc-
tion plaLbrought doubt upon the
exact location and legal signifi-
cance of tl¡e platting procedure be-
caUse 'the streets hádbeen changed
on said correction plat; and
'wHEREAs, 'the Dubuque City
Council" by Resòlution No. 274.75
pâssed;adopted and approved on
July 21, 19~5, did approve the orig-
inal p1af of Lot l'through 29, in-
clusive and'Lot A all in Hawkeye
Estate's, . and said Resolution was
recorded' a, ,Instrument No. 5387-
1975, in the office of the Dubuque
County Recorder, which Resolution
appears to have confirmed and,
ratified the earlier approval of the
City of Dubuque of the original
piat; and
WHEREAS, it is the desire of all
the owners of property located
within Lots, 1 through 29 and Lot A
in Hawkeye Estates, that any title
problems that may exist by virtue
of the above described procedures
should be corrected, and all of the,
streets which were previously dedi-
cated to and accepted by the City
of Dubuque should be vacated so
that a. uew correction plàt of the
-subdivision can be filed and the
streets dedicated properly and ac-
cepted by the City' of Dubuque;
and
WHEREÆS, the City of Dubuque
beiug the owner of certain proper-
ty within Hawkeye Estates, by vir-
tue of the dedicatiou to and accept.
ance by said City of the streets on
said plat, is required to join in the
vacation procedure, so as to guar-
antee the proper location of the
streets, and the elimination of any
title defects that may exist by vir-
tue of the above described proced-
ures;
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, as foUows:
Section 1. The Application of the
owners in Hawkeye Estates to va-
cate all plats heretofore filed or
approved, and the dedication and
acceptance of any streets as located
within said Hawkeye Estates, is
hereby approved.
Section, 2. The Mayor and City
Cierk of the City of Dubuque are
hereby authorized and directed to
join on behalf of the City of Du-
buque with the other owuers of
property in Hawkeye Estates in
seeking a vacation of all said plats
previously filed and in signing on
behalf of the City of Dubuque, a
Petition for the vacation of any
and all plats of, Hawkeye Estates,
and any and aU stree,ts now exist-
ing or which may exist iI1 said su,b-
division.
Passed" adopted and approved
this 20th day of October, 1975.
,C.' Robert, Justmann
Mayor
Alvin E. Lundh
Emil Stackis '
James E. Brady
Donald'R. Meyers
Councilmen
ATTEST:
Leo F. Frommelt
, City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
folJowing vote: '
Yeas":" Mayor Ju.ìmann, Coun.
cilmen Brady, Lundh, MeyerS,
Stackis.
Nays-None.
October 17, 1975
Honòrable Mayor
and City Council
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plats of Hillcrest
Road Dedication, which is that por-
tion of Hillcrest Road 'lying be-
Special Session, October 20, 1975
547
tweeu Carter Road and Pasadena
Drive, in the City of Dubuque,
Iowa.
The Commission has found that
the Hillcrest Road Dedication plats
are in conformance with adopted
development plans for the area
and recommends your approval of
the plats as submitted, pending
confirmation of approval by the
City Engineer's office.
CITY PLANNING &
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilmau 'Stackis moved that
the commuuication be received and
filed. Seconded by Mayor Just-
mann. Carried by the folJowing
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
RESO'LUTION NO. 386.75
Resolution approviug the plat
and certificates dedicating Lot 2
of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of "Powers Place" (to be
kuown as HilJcrest Road) in the
City of Dubuque, Iowa.
Whereas, there has been filed
with the City Cierk a plat of the
Subdivision of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of "Powers
Place" by Philip A. and Martha
F,' Powers.
Whereas, upon said plat appears
street to be known as Hillcrest
Road, which the Owners by said
plat have dedicated to the public
forever; and
Whereas, said plat has been ex-
amined by the City Plauning and
Zoning Commission and has Its ap-
proval endorsed thereon; and
Whereas, said plat has been ex-
amined 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
street brought to grade, or paving,
or water connection installed, etc.;
NOW THEREFORE, BE IT RE-
SOLVED BY THE ŒTY COUNCIL
OF THE CIITY OF DUBUQUE,
IOWA:
Section I. That the dedications
of Hillcrest Road, as the same ap.
pear' upon said plat, be and the
$ame are hereby accepted;
Section 2. That the plat and cer.
tificates dedicating Lot 2 of Lot 1
of Lot 1 of Lot 1 of Lot 1 of Lot 1
of "Powers Place" (to be known
as Hillcrest Road) in the City
of Dubuque, Iowa, be and the
same is hereby approved and the
Mayor aud 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 sttached, agreeing;
a. To reduce all streets to grade,
and to construct concrete curb
and gutter and to hard surface
with bituminous concrete, or
with coucrete paving with inte-
gral curb, all in accordauce with
City of Dubuque Standard Spec,
ifications, provided, however,
this provision shalJ be applicable
and operative upon Resolution of
City Council of City of Dubuque
to dedicate Hillcrest Road as
platted and owners and develop-
ers sgree to dedicate the same
and who shalJ secure the im.
provement of said roadway by
appropriate surety, etc.
b. To dedicate previously installed
water mains and sanitary sewer
mains and sewcr service laterals
in accordance with plans pre-
viously submitted;
c. To instalJ water service laterals
within the 50' wide street.
d. To install storm sewers and
catch basins in accordance with
plans submitted with the plat;
e. To instalJ concrete sidewalks as
required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
f. To construct alJ improvements in
compliance with any and alJ ap.
plicable City of Dubuque Spec-
ifications and as approved by the
City Engineer.
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 expeuse of the Subdivider
and Martiu Luthcr Home people.
1. To construct said improvements,
except sidewalks, prior to Sep-
tember 1, 197£, and to construct
the sidewalks prior to 'September
1, 1977.
~
548
Special Session, October 20, 1975
j. To install in accordauce with
City specifications, boulevard
street lighting within thirty (30)
days after the completion of the
adjacent curb and gutter within
auy particular section of the pro-
posed subdivision; and further
provided that said owners of said
Subdivisiou, secure the perform-
ance of the foregoing conditions
by providing security in such
form and with such sureties as
may be acceptable to thc City
Manager.
Section 3. That in the eveut the
owuers shali fail to execute the ac-
ceptance and furnish the security
provided for in Section 2 hereof
within 45 days after the date of
this Resolution, the provisions
hereof shall be nuli and void and
acceptance of the dedication and
approval of the plat shali not be
effective.
Passed, adopted and al'proved
by recorded roll cali this 20th day
of October, A.D., 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Donald R. Meyers
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 386.75
We, the undersigned David J.
Powers, Philip A. powers, Martha
F. powers having read the terms
and conditions of the foregoing
Resolution No. 386-75 and being
familiar with the conditions there.
of, hereby accept the same and
agree to perform the conditions
required therein.
Dated at Dubuque, Iowa, this 23
day of Oct., 1975.
David J. powers
Philip A. Powers
Martha F. powers
TO:
Leo F. Frommelt
City Clerk
This is to certify that the secur-
ity provided by the foregoing
RESOLUTfON NO. 3116-75 has been
furnished by the owners.
Dated at Dubuque, ,Iowa, this
17th day of November, 19'75.
Gilbert D. Chavenelie
City Manager
Councilman Stackis moved adop.
tion of the resolutiou. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas-Mayor Justmann, Couu-
cilmeu Luudh, Meyers, Stackis.
Nays - Councilmau Brady.
RESOLUTION NO. 387.75
RESOLUTION APPROVING THE
DEDICATION OF AN AREA
KNOWN AS "HILLCREST
ROAD" IN THE PLAT OF "AS-
BURY SPRINGS SUBDIVISION
NO- I" IN THE CITY O'F DU-
BUQUE, IOWA
WHEJREAS, there has beeu filed
with the City Clerk a plat dedicat-
ing an area, outlined in "red", to
be known as "HiJicrest Road" in
the subdivision of Asbury SprIngs
Subdivision No.1 in the City of
Dubuque, Iowa, as Asbury Springs,
Ltd., a limited partnership, and
Donald J. Kaiser and Jo Ann C.
Kaiser, husband and wife, the own-
ers; and
WiHEREAS, this City Council of
the City of Dubuque approved a
final plat of Asbu'ry Springs Sub.
division No.1 in the City of Du-
buque, Iowa by 'Resolution No.
356-75, dated September 29, 1975,
and in such final plat there was
located 25 it. utility easement areas
on Lots 2, 3 and 4 of Asbury
Springs Subdivision No. land this
City Council in Resolution 356-7'5
resolved that the owners of As.
bury Springs SubdivIsIon No.1
were not required to reduce the
streets to grade and to construct
concrete curb and gutters and hard
surface bituminous concrete, or
concrete paving with integral curb,
in accordance with the City of Du-
buque standard specifications pro-
vided however, such improvements
shall become applicable and opera.
tive upon resolution of the City
Council of the City of Dubuque to
dedicate Hi1lcrest Road as platted,
and owners and developers agreed
to dedicate same and secure the
improvement and by appropriate
surety bond.
WHEREAS, the owners nOw peti-
tion the City of Dubuque to dedi-
cate such Hillcrest Road area and
upon said plat appears the street
area, outlined in "red", to be
known as Hilicrest Road, together
with certain public utilities whièh
Special Session, October 20, 1975
549
the owners by said plat have dedi-
cated to the public forever: and
WHEREAS, said plat dedicating
Hi1lcrest Road has been examined
by the City Planning and Zoning
Commission aud has its approval
endorsed thereon; and
WHEREAS, said plat dedicating
Hi1lcrest Road has been examined
by the City Council aud they find
that the same conforms to statutes
and ordinances relatiug thereto, ex.
cept that street grades have not
beeu established, the street brought
to grade, or paving, or water in-
stalied;
NOW 'i1HEREFORE, BE IT RE-
SOLVED BY THE OlTY COUNCIL
OF 'I1HE OIITY OF DUBUQUE,
IOWA:
Section 1. That the dedications
of Hillcrest Road, as the same ap-
pear upou said plat, be and the
same are hereby accepted;
Section 2. That the plat dedicat-
ing "HiJlcrest Road" iu Lots 2, 3
and 4 of Asbury Sl'rings Subdivi.
sion No.1 in the City of Dubuque,
Iowa, be and the same is hereby
approved and the Mayor and City
Clerk are hereby authorized aud
directed to endorse the approval of
the City of Dubuque, Iowa, upon
said plat, provided the owners of
said l'roperiy herein uamed, 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
with bituminous concrete, or
with concrete paving with inte.
gral curb, ali iu accordance with
City of Dubuque Standard Spec-
ifications; Provided, however,
this provision shali be aPl'licable
and operative upou Resolution of
City Council of City of Dubu-
que to dedicate Hi1lcrest Road as
platted aud owners and develop-
ers agree to dedicate same and
who shali secure ihe improve.
ment of said roadway by ap-
propriate surety, etc.
b. To dedicate previously instalied
sanitary sewer mains and sewer
service laterals in accordauce I
with plans previously submitted;
c. To instali water mains and water
service laterals with the 50' wide
street to connect au existing
main at the intersection of HiIl-
cresi Road and Pasadena Drive
with an existing main terminated
at the Northwest (I\1W) corner
of Lot 2 of Lot 1 . 1 - 1 of Pow-
ers Farm;
d. To instali storm sewers and
catchbasins in accordance with
plans submitted with the plat;
e. To instali concrete sidewalks as
required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
f. To construct ali improvements in
compliance with any and ali ap-
plicable City of Dubuque Spec-
ifications and as approved by the
City Engineer;
g. To maintain the foregoing im-
provements for a period of four
(4) years from ihe 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,
Asbury Springs, Ltd., a Limited
Pamership and Donald J. Ka,iser
and Jo Ann C. Kaiser, Husband
and Wife, as owners;
i. To construct said improvements,
except sidewalks, prior to Se,p.
lember 1, 1976, and to construct
the sidewalks prior to Seplem.
ber 1, 1977.
j. 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 seetion of the pro-
posed subdivision.
and further provided that said As-
bury Springs, LId., a Limiled Part.
nership and Donald J. Ka,iser and
Jo Ann C. Kaiser, Husband and
Wife, as owners of said Subdivision,
secure the performance of the fore-
going conditions by providing se-
curity in such form and with such
sureties as may be acceptable to
the City Manager.
Section 3. That in the event As-
bury Springs, Ltd" a Limiled Part.
nership, and Donald J. Ka,iser and
Jo Ann C. Kaiser, Husband and
Wife, shali fail to execute the ac-
ceptance and furnish the security
provided for iu Section 2 hereof
within 45 days after the date of
this Resolution, the provisions
hereof shall ,be nuli aud void and
acceptance of the dedication and
approval of the plat shall not be
effective.
550
Special Session, October 20, 1975
Passed, adopted and approved by
recorded roll call this 20th day of
October, AD., 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Donald R. Meyers
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
We, the undersigned Asbury
Springs, Ltd., a Limited Partner.
ship, and Donald J. Kaiser and Jo
Ann C. Kaiser, husband and wife,
haviug read the terms and condi-
tions of the foregoing Resolutiou
No. 387.75 and being familiar wiih
the conditions thereof, hereby ac.
cept the same and agree to per,
form the conditions required there-
in.
Dated at Dubuque, Iowa, this 23
day of Oct., 1975.
Jo Ann C. Kaiser
Donald J. Kaiser
kSBURY SPRIINGS,
LTD., a Limited
Partnership;
By: David J. Powers
General Partner
And: Paul W. Powers
General Partner
ATTEST:
Leo F. Frommelt
City Clerk
This is to certify that the secur-
iiy provided by the foregoing
RESOLUTION NO. 387-75 has been
furnished by the owners.
Dated at Dubuque, Iowa, this
17th day of November, 1975.
Gilbert D, Chavenelle
City Manager
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Lundh, Meyers, Stackis.
Nays-Councilman Brady.
RESO'LUTION NO. 388.75
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 Ciiy 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 Sessiou, 64th General As-
sembly.
CLASS "B" (HOTEL.MOTEL)
BEER AND LIQUOR LICENSE
Anthony A. & Bette O. HeJling,
701 Dodge street
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Orville P. Murphy (Also Sunday
Sales), 139 Locust Street
Homan T. Chan (Also Sunday
Sales), 1>63.0 E. 16th Street
Passed, adopted and approved
this 20th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Donald R. Meyers
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 Justmann, Coun-
cilmen Lundh, Meyers, Stackis.
Nays - Councilman Brady.
RESOLU1'ION NO. 389.75
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Couucil, 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 appli.
cants a Liquor License.
CLASS "B" (MOTEL.HOTEL)
BEER AND LIQUOR LICENSE
Anthony A & Bette O. HeJling,
701 Dodge Street
CLASS "C" (COMMERCIAL) BEER
AN,D LIQUOR LICENSE
Orville 'Po Murphy (Also Sunday
Sales), 139 Locust Street
Homan T. Chan (Also Sunday
Sales), 1630 E. 16th Street
~,",,"'~""""""""-""-'--'"
Special Session, October 20, 1975
551
Passed, adopted and approved
this 20th day of October 197'5.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Donald R. Meyers
Councilmen
ATTEST:
Leo F. Frommelt
Ciiy Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Lundh, Meyers, Stackis.
Nays - Councilman Brady.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Leo F. Frommelt
City Clerk
Approved ................_.1976
Adopted ..........-....._..1976
"""""""""""'.....................................
..................-........................................
............................................................
""""""""""'.......................................
"""""""""""""-"""""'......................
Councilmeu
Attest: """"'ëiïÿ"ëi~~k""""""""""'"
Special Session, October 24, 1975
Special Session, October 24, 1975
553
552
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
CITY OF DUBUQUE MUNICIPAL
PRIMARY ELECTION HELD
OCTOBER 21, 1975
CANVASS HELD OCTOBER 23,
1975
State of Iowa, Dubuque County,
ss: We the undersigned members
of the Board of Supervisors acting
as a Board of Canvassers, do here-
by certify that the following is a
true and correct absiract of the
votes cast for each of the City
Council Candidates in the City of
Dubuque Primary Election held
October 21, 1975 as listed and
enumerated hereiubelow by pre-
cinct and in accordance with the
respective returns from the pre-
cinct election officials.
We further certify that at said
primary election that the four can-
didates receiving the highest num.
ber of votes in the Primary to the
extent of twice the number of un-
filled positions, or two positions,
as per sections 376.7 and 376.8,
Iowa Code 1975, are declared nom-
inated and to be placed upon the
ballot for the regular city election
November 4, 1975.
We, the undersigned members of
the Board of Supervisors of Du-
buque County, Iowa and ex-officio
Board of Canvassers for said
County, do hereby certify that at
the Municipal Primary Election
held October 21, 1975 the folJowing
persons were elected to have their
names placed on the General
Municipal Election ballot as candi-
dates for the office of City Coun-
cilman:
ber 4, 1975 General Election for
the office of Park Commissioners.
The, following were nominated by
petitiou.
Thomas G. Schrup-Regular Term
,6 years
David J. Willoughby - Unexpired
term to 12-31-77
Patricia O'Brien - Unexpired term
to 12-31.77
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Donald R. Meyers
James E. Brady
Councilmen
CITY COUNCIL
OFFICIAL
Special Session" October 24, 1975.
Council met at 4:30 P.M. (C.D.T.)
Present - Mayor Justmann, coun.
cilmen Brady. Lundh, Meyers,
Stackis. City Manager Gilberl D.
Chavenelle.
Mayor Justmann read the call
and stated that service thereof had
been duly made and this meeting
is called to ACCEPT THE CAN-
VASS ji1ROM THE COUNTY
BOARD OF SUPERVISORS SHOW.
ING RESULTS OF 1\HE PRIMARY
ELECTION FOR COUNCILMEN
WHJOH WAS HELD ON OCTOBER
21, 197'5, and acting upon such
other business as may properly
come before a Regular Meeting of
the Council.
Proof of publication, certified to
by the Publisher, of Official Sam-
ple BalJot, for the Primary Elec-
tion held Tuesday, October 21,
1975, presented and read. Council-
man Meyers moved that the proof
of publication be received and fil-
ed. Seconded by Councilman
Lundh. Carried by' the following
vote:
Richard Wertzberger
Thomas A. TulJy, Jr.
John ,G. Lammers
Edna M. Thompson
In testimony, whereof, we have
hereunto set our hands and caused
this to be attested to aud sealed by
the County Auditor as Commission-
er of Elections, this 24th day of
October, 1975.
Donald C. Meyers, Chairman
Board of Canvassers
Wilfred Bahl, Member
Board of Canvassers
Ray Scherrman, Member
Board of Canvassers
(Absent)
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Meyers moved that
the acknowledgment of canvass be
received and filed snd made a Mat.
ter of Record. Seconded by Coun-
cilman Stackis. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Meyers. Carried by the folJowing
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Leo F. Frommelt
City Clerk
ATTEST:
Harold P. Meloy
Commissiouer of Electious
Councilman Brady moved that
the Canvass be received and filed
and made a Matter of Record. Sec-
onded by Councilmau ,Meyers. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
..
..
~
..
0(
I-
0
I-
322
168
220
448
218
215
185
182
}53
239
365
333
436
310
307
302
416
286
390
303
319
283
307
423
317
76
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w
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w
;¡:
181
98
121
240
n9
130
63
102
79
137
257
238
324
218
188
195
286,
197
269
184
217
195
224
310
215
56
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0
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37
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67
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64
102
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84
5<0
76
63
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110
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~
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::>
I-
206
In
133
297
120
122
98
105
80
160
260
210
296
167
194
195
294
184
264
175
224
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248
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62
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19 17
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3
October 24, 1975
Honorable Mayor
and City Council
We hereby acknowledge receipt
of the canvass from the Dubuque
County Board of Supervisors of the
Municipal Primary Election held
on Tuesday, October 21, 1975, for
the offices of City Councilmen.
The Canvass indicates that the
folJowing named persons wil1 ap-
pear on the ballot for the General
Election to be held on November
4, 1975.
FOR COUNCILMEN-AlJ nom-
inated by Primary Election, for the
term commencing the second secu-
lar day in January 1976.
Thomas A. TulJy 4,914 votes
Richard Wertzberber 4,843 votes
John G. Lammers 1,476 votes
Edna M. Thompson 1,229 votes
The folJowing named persons
should also appear on the Novem-
Approved ..................1976
Adopted ...................1976
............................................................
............................................................
............................................................
""""""""""""""ëöu;ïëiiIDèñ""""'"
Attest: """ëiïÿ"ëïèrk""""""""""'"
---------
Totals 424 533 1,476 1,229 4,914 41() 677 4,343 7,628
554
Special Session, October 27,1975
CITY COUNCIL
OFFICIAL
Special Session, October 27, 1975.
Council met al 7:30 P.M. (C.S.T.)
Present-Mayor Justmann. Coun-
cilmen Brady, Lundh, Meyers,
Stackis. City Manager Gilbert D.
Chavenelle.
Invocation was given by Sister
Joan Doýle, President of Mt. Car.
mei Convent.
Mayor Justmann read the cali
and stated that service thereof had
been duly made and this ¡neetiug
is calied for the purpose of CON-
DUCTING A PUBUC HEARING
ON A PROPOSED LEASE WITH
rIlE DUBUQUE BARGE & FLEET-
ING SERVICE COMPANY
THROUGH THE DOCK COMMIS-
SION and acting upon such other
business as may properly come be-
fore a .regular meeting of the
Gouncil.
Mayor Justmann signed a proc-
lamation proclaiming the week of
November' 9th thru 15th, ~975,
as "Salute To Marines Week".
RESOLUTION NO. 392.75
RESOLUTION URGING SERIOUS
CONSI'DeRATION OF AN AF.
FiRMATIVe VOTE ON THE DU.
BUQUE COMMUNITY SCHOOL
DISTRICT BOND REFERENDUM
WHEREAS quality education is
of prÌlpeimportance to the Com-
munity of Dubuque and the citi-
zens thereof, including future citi-
~efisnow iu our schools,who will
be affected by this referendum for
'years to come: and
WHERENS the Junior and "Sen.
ior High Schools are drastically
overcrowded including: Jefferson
overcrowded by 99 students, Wash.
ington overcrowded by 448 stu.
dents, Senior, High by 251, and
Hempstead by 518; and
WHEREAS many quality educa-
tional programs, vocational pro-'
grams, athletics, and Aris and cul-
tural programs are being hindered
or limited by inadequate facilities
and overcrowding, often ending in
eliminating or limiting of both
programs or students; and
WHEREAS cost of education is
of critical concern to taxpayers in
the Dubuque Community School
District, and,. whereas the citizens
deserve the best possible use of
their tax doliars:
NOW, THEREFORE, BE IT RE-
S()!LVED BY THE CITY COUNmL
OF 'rnE C1TY OF DUBUQUE,
IOWA
Section, 1. That ali citizens in the
City of Dubuque and the Dubuque
Community School District are
urged to get out and vote on this
critical issue; and
Section 2. That due to the ser-
iousness of the issue and the nine
years of overcrowding that are yet
to come, that the citizens seriously
consider the values of an affirma-
tive vote.
Passed, approved and adopted
this 27th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
ATTEJST:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by tbe
foliowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers;
Stackis.
Nays ,~ None.
Communication from the 'Gover-
nor of the State of Iowa prese!lting
a State Flag for t)1e Airport was
accePted by, Airport Commissioner,
Stacey Murdock, with ,appreciation.
Communication of Hempstead
Senior High School Spee'ch, Arts
Class expressing appreciation for
being able to attend the Council
meeting of October 13, 1975, pre-
sented and read. Councilman Mey-
ers moved that the communica-
tion be received and filed. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas ~ Mayor Justmanu, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Communication of Five Flags
Corporation submitting items of
cost in a lump sum of $12,000. 'ås
received from an architectural
firm for work concerning the pro-
posed Civic Center and requesting
time to discuss the proposal, pre-
sented and read: Mayor Justmann
Special Session, October 27, 1975
555
moved to suspend thc rules to let
anyone present sddress the Couu.
cil if they so desire. Seconded by
Councilman Lundh. Carried by the
foliowing vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Dave Clemens addressed the
Council and spoke to the subject.
Mayor Justmann moved that the
eommuuication be received and
filed and the Council embrace con-
ceptualiy the idea of a Five Flags
Civic Ceuter and instructed Dave
Clemens to proceed, but final con,
tract is subject to Council ap-
proval. Seconded 'by Councilman
Stackis. Carried by the foliowing
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - Noue.
Communication of Dubuque Arts
Council submitting a motion dis.
cussed at their meeting of October
15th suggesting the return of the
original model of the Contiuuum
to the Dubuque Arts Ass'n., pre-
sented and read. Councilman Brady
moved that the communication be
received and filed. Seconded by
Councilman Stackis. Carried by the
foliowing vote':
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Dock Com-
mission submitting minutes of
their meeting of October 8, 197õ,
presented and read. Mavor Just-
mann moved that the minutes be
received and filed. Seconded by
Councilman Stackis. Ca/cried by
the foliowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Communication of League of
Iowa Municipalities advising that
if the City wishes to host the 1976
League Couvention, a formal in.
vitation should be submitted be-
fore November 5, 1975. Council-
man Brady moved the communica.
tion be' received and filed. Second-
ed by Councilman Stackis. Car.
ried by the foliowing vote:
Yeas - Mayor Justmann, Couu-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
October 24, 1975
Honorable Mayor
and City Council
You have for consideration a
letter from the League of Iowa
Municipalities about selecting the
convention site for the 1976 an-
uual meeting.
I attach a letter received from
Mr. Wittenberg indicating that it
is possible to hold the convention
in Dubuque.
Would you please advise us
about submitting a convention ap.
plication to the League.
Gilbert D. Chaveuelie
City Mauager
Councilman Brady moved that
the communication be received
and filed and the City Manager be
authorized to apply and the Man-
ager be authorized to sign. Second.
ed by Councilman Stsckis. Carried
by the foliowing vote:
Yeas - Mayor Justmanu, Coun,
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Communication of A. L. Weitz
oPPosing the zoning of "sexualiy
explicit or prurient nature" as be-
ing harmful to the citizens, pre.
sented and read. Couucilman
Stackis moved that the communica-
tion be received and filed and re-
ferred to the Planning & Zoning
Commission. Seconded by Council-
man Meyers. Carried by the fol.
lowing vote:
Yeas - Mayor Justmann, Couu-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Communication of Peoples Natu-
ral Gas submitting a revised in.
crease of 11.'66~ per thousaud cubic
foot being a reduction of 1.06~
from previous information from
the wholesale provider, presented
and read. Councilman Stackis mov-
ed that the communication be re-
ceived and filed. Seconded by
Councilman Lundh. Carried by the
foliowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
556
Special Session, October 27, 1975
Communication of Dubuque Con-
servation Society submitting a
resolution being opposed to the
Dubuque Industrial Bureau's pro-
posal to fill in a portion of the
Mississippi Pool above Lock & Dam
#II, presented and read. Mayor
Justmann moved that the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote: I
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communieation of Lynn & Mary
Jo Beauchamp of 1010 Althauser,
objecting to an alley being enclos-
ed by one of the neighbors and
requesting the City to open UP said
alley for public use, presented and
read.
Lynn Beauchamp addressed the
Council and spoke in behalf of his
petition. Mayor Justmann moved
that ihe communication be refer-
red to Staff and City Attorney for
investigation and report. Seconded
by Councilman Stackis. carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Communication of Dubuque Glass
Co. Inc. requesting clarification of I
various parts of the Building Code
as it affects his business of glass
& glazing, presented and read.
Mayor Justmann moved that the
communication be received and
filed and referred to the Buildiug
Code Committee. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Copy of communication suhmit-
ted by H. E. Gunnerson of DOT
advising James Clark of Galena,
Ill. that the City of Dubuque has
rejected the red, white aud blue
color scheme for the Julien Dubu-
que Bridge, so it wilJ not be util-
ized, presented and read. Mayor
Justmann moved that the com-
munication be received and filed.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas -Mayor Justmann, coun.
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Communication of Mrs. Jack N.
Hamby of Oakiand, Calif. as being
in favor of a red, white and blue
bridge, presented and read. Mayor
Justmann moved that the com-
munication be received aud filed.
Seconded by Councilman Meyers.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Proof of 'Publication, certified to
by the publisher, of List of re-
ceipts, disbursements and claims
for the month of September, 1975,
preseuted and read. Mayor Just-
mann moved that the proof of
publication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Justmaun, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Communication of Low-Rent
Housing Commission submitting
minutes of their meeting of Octo-
ber 21, 1975, presented and read.
Councilman Stackis moved that
the minutes be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Communication of Youth servic-
es Board of Directors submitting
minutes of their meeting of Sep-
tember 30, 1975, presented and
read. Councilman Stackis moved
that the minutes be received and
filed. Seconded by Councilman
Lundh. carried by the following
vote:
yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, MeyerS,
Stackis.
Nays - None.
October 24, 1975
Honorable Mayor
and City Council
The Wiscousin Department of
Transportatiou has forwarded a
copy of the draft Environmeutal
Impact Statemeut for the proposed
location of an improved U.S. 61-151
from DickeyviJIe, Wiscousin south-
ward to a new City Island Bridge
approach. The public hearing for
this project wilJ be held on Novem-
ber 13th in DickeyvilJe.
Auticipating .that you may wish
to be represented at the public
Special Session, October 27, 1975
557
hearing and that you may wish to
adopt a formal position with
regard to the project, we have
enclosed copies of the summary
portion of the draft EIS for your
review. The Wisconsin Department
of Transportation has also provided
a large sketch map ilJustrating the
project which is available for your
inspeciion.
The staff of the Wisconsin De.
partment of Transporiation has re-
ported their wilJiugness to come to
Dubuque and present the proposed
project in more detail, if you so
desire. Iu any case, we hope you
wilJ inform us of your wishes to
comment upon the project.
DUBUQUE METROPOLITAN
AREA TRANSPORT)\.TION
STUDY TECHNICAL
COMMITTEE
by Daniel Dittemore
City Development Plauner
Councilman Stackis moved that
the commuuicatiou be referred to
Dan Dittemore for proper resolu-
tion. Seconded by Councilman Mey-
ers. Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cihnen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Notice of Suit of Joyce Ann &
Carol Ann MilJer, in the amount of
$50,000, for persoual injuries plus
car damages, incurred as the result
of driving over defective railroad
tracks on East 7th Street on Sep.
tember lO, 1975, presented and
read.
Councilman Brady moved that
the notice of suit he referred to
the City Attorney for proper pro-
ceediugs. Seconded by Councilman
Meyers. Carried by the following
vote:
Yeas - Mayor Justmaun, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
October 20, 1975
Honorable Mayor
and City Council
Over the past peroiod of ap-
proximately a year, from time to
time respective claims have been
filed with the City arising out of
the general contract between the
City of Dubuque, Iowa and M. F.
Goerdt Construction Co. wherein
the followiug named claimed un-
paid balances owing them on their
respective sub-contracts as follows
to-wit;
Bert Gurney and Associates
$;66,885.00
Giese Sheet Metal 51,756.68
Jackson"Rand Corporation
18,138.15
The respective claims have been
referred by the City Council to the
City Manager and City Attorney,
and the City Manager in turn has
referred same to the City Attorney.
The City Attorney's office has
met from time to time on these
matters with all parties concerned
and the matter was finally resolved
on the 29th day of September,
1975, and all of the claimants who
filed claims with the City Council
have received payment and have
filed their release of claim and
lien waiver with the City Engineer.
In my opinion this concludes the
matter aud nothing further need
be done in the opinion of this
writer.
Copies of the respective claims
are hereto attached.
R. N. Russo,
City Attorney
Councilman Brady moved that
the communication be received and
filed. Seconded by Councilman
Mey,ers. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Luudh, Meyers,
Stackis.
Nays - None.
Petition of Wm. H. Smith et ai,
residents of Victorja Place, re-
questing theereclion of two street
lights between the intersection of
Diane Court and Victoria Place and
the turuaround at the end of Vic-
toria, presented and read. Mayor
Justmann moved that the petition
be referred to the City Mauager
and Electrical Inspector for inves-
tigation aud report. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas - Mayor Justmaun, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Proof of Publication, certHied to
by the Publisher, of Notice of Pub-
lic Hearing to consider a proposed
lease aud Agreement by and be-
tween the City of Dubuque,
through its Board of Dock Com-
missioners and Dubuque Barge &
Dock Commisioners be and they
are hereby authorized and empow-
ered to execute said lease for and
on behalf of the City of Dubuque,
Iowa.
Passed, approved and adopted
this 27th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
558
Special Session, October 27, 1975
Special Session, October 27, 1975
559
Fleeting Service Company, present-
ed and read. Councilman Meyers
moved that the proof of publication
be received and filed. Seconded by
Councilman Staci<!s. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESOLUTION NO. 393-75
WHEREAS, pursuant to Resolu-
tion and 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 Octo-
ber 16, 197'5, the City COuncil of
the City of Dubuque, Iowa met on
the 27th day of October, 1975 at
7:30 o'clock P.M. (Central Standard
Time) in the City Council Cham-
bers, City Hall, Dubuque, Iowa to
consider the proposal to lease land
owned by the City of Dubuque,
Iowa to DUBUQUE BARGE &
FLEETING SERVICE COMPANY
which real estate is described as
follows:
That 100 foot (100') wide strip of
land located between north side
of the Ice Harbor and the south
property line of the easterly
7.04 feet of Lot 6 and Lots 7
through 21, inclusive, of Biock
"E" and Lots 1 through 12, in-
clusive, òf Block "L", and the
southerly terminus of Bell Street
in Booth's Addition in the City
of Dubuque, Iowa, beiug further
described as that property identi-
fied as Newt Marine Service
Lease
and;
WHEREAS, there being no oral
or written objections to the pro-
posed lease received by the City
Council of the City of Dubuque,
Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OIF DUBUQUE,
IOWA:
Section I. That the lease between
the City of Dubuque, Iowa by and
through its Board of Dock Com-
missiouers and the Dubuque Barge
& Fleeting Service Company be
and the same is hereby approved
and that the terms and provisions
of said proposed lease are hereby
ratified.
Section 2. That the Board of
Councilman Brady moved that
the communication be referred to
Council. Seconded by Councilmau
Stackis. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
RESO'LUTION NO. 394-75
RECOGNITION OF NEIGHBOR.
HOOD ORGAN'lZATIONS FOR
MEMBERSHIP ON THE COM-
MUNUY DEVELOPMENT COM.
MISSION
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved to
ratify the lease and instruct the
Dock Board to execute said lease.
Seconded by Mayor Justmann. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Meyers,
Stackis.
Nays~None.
WHEREAS, there has been es.
tablished withiu the City of Dubu-
que a Community Development
Commission to assure that a fair
cross section of the residents of
the City of Dubuque fully partici-
pate in the continuous process of
budgeting, developing, monitoring
and evaluating the Community De.
velopment Block Grant Program;
aud
WHEJREAS, the Community De-
velopment Commissiou provides
for representation from ueighbor-
hood organizations in numbers
based upon their location within
and without program target areas;
now therefore
REITRæO~rnBYTHECITY
OOUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
SECTION 1. That based upon
the recommendation of the De-
partment of Community Develop-
ment, the following neighborhood
organizations are located withiu
project target areas and are en-
titled to two represeutatives each
for membership ou the Community
Developmeut Commission.
North Dubuque Improvemeut As.
sociation, Inc.
Washington Neighborhood Coun.
cil
Fourth Street Neighborhood As-
sociation
Eleventh Street Association
SECTIION 2. That based upon the
recommendation of the Department
of Community Development, the
following neighborhood orgauiza.
tions are located without project
target areas and are entitled to
one representative each for memo
bership on the Community Devel-
opment Commission.
October 24, 1975
Honorable Mayor and
City Council
The City Council, on October 20,
1975, adopted a resolution creat-
ing a Community Development
Commission for the City of Du-
buque.
Our Community Development De-
partment in now developing pre-
liminary plans for the preparation
of an application for funds in FY
77. The Community Development
Department would desire to con-
duct citizen meetings In the first
week in December aud to have
their plans relatively well formal-
ized for budget hearings in January
and February.
The Community Development
Department is desirable of having
the participation of the Community
Development Commission in this
process. Consequently it would be
advsutageous if the City Council
could, within the next two weeks,
appoint members to this newly
formed commission. If the com-
mission members are appointed by
November 15, it would give the
commission an opportunity to or-
ganize themselves into respective
committees prior to the citizen
hearings to be held in early Decem-
ber.
Francis A. Murray
Assistant City Manager
Point Neighborhood Association
West Eud Homeowners Associa-
tion
Passed, approved and adopted
this 27th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
Ctiy Clerk
Mayor Justmann moved adop-
tion of the resolulion. Seconded by
Couucilman Brsdy. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays-None.
Petition of Ford Leasing Devel-
opment Company aud Kopper-Pow-
ers Ford Inc., requesting aunexa-
tion of their property on U.S. High-
way #20, preseuted and read.
Attorney Leo McCarthy, repre-
senting Kopper-Powers Ford Inc.,
spoke to the Council on the peti.
tion and request.
Councilman Brady moved that
the petition be granted. Seconded
by Mayor Justmann. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
RESOLUTION NO. 395.75
WHEREAS, the owners of an
area approximately 21.311 acres in
size lying immediately westerly of
the city limits of the City of Du-
buque, Iowa now voluntarily peti-
tion the City Council for annexa-
tion of their property to the City
of Dubuque, Iowa: and
WHEltE'AS, 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 of said territory if iucor~
porated within the city limits of
the City of Dubuque, Iowa; and
tions Act provides for the govern-
ing body to appoint a designee to
represent the City in busiuess mat-
ters associated with certified bar-
gaining units. This designated per-
son would represent the City of
Dubuque in subjects related to
negotiaiions, implemeutation of
employee agreements and other
provisions as enuuciated in this
Act.
As you know, certain .groups of
employees iu the City of Dubuque
have selected exclusive bargaiuing
ageuts. Some of these agents have
been certified by the Pubiic Em.
ployment Relations Board, and
others are in the process of being
certified. Under provisions of the
law, the bargaining process with
certified agents must commence
prior to November 15, 1975.
In order to be in compiiance
with the Act we would ask that you
adopt a resoiution authorizing the
City Mauager, or his designee, as
the official bargaining representa.
tive for the City of Dubuque.
Gilbert D. Chavenelle
City Mana,ger
Councilman Stackis moved that
the commuuication be received and
filed. Seconded by Councilman
Lundh. Carried by the foliowing
vote:
Yeas - May-or Justmann, Coun.
cilmen Brady, Luudh, Meyers,
Stackis.
Nays - None.
RESOLUTION NO. 396.75
RESOLUT,ION D,ESIGNATING THE
CITY MANAGER AS AUTHORIZ-
ED BARGAINING REPRESENTA.
TIVE FOR THE CITY OF DUBU-
QUE, IOWA
WHEREAS, the 65th General As-
sembly adopted the "Public Em-
ployment Relations Act", Chapter
20, Code of Iowa, 1975: aud
WHEREAS, the Act provides
provisions for permitting public
employees to organize and bar-
gain collectively; and
WHEREAS, some City of Du-
buque employees have selected ex-
clusively bargaining agents; and
WHEREAS, these bargaining
agents have been certified by the
Public Employment Relations
Board; and
WHEREAS, the Act provides for
the public employer to appoint or
560
Special Session, October 27, 1975
WHEREAS, Chapter 368, Code of
Iowa (1975) authorizes the exten-
sion of city limits in situations of
this character by the adoption of a
resolutiou 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.
SOLVF1D BY THE OlTY COUNCIL
OF THE CITY OF DUBUQUE,
~OWA:
Section 1. That the territorial
limits of the City of Dubuque,
Iowa be and they are hereby ex-
tended to include the area compris-
ing the following described real
estate:
That parcel of real estate de.
scribed as Iowa Department of
Trausportation property and the
Kopper-Powers Ford, Inc. prop.
erty lu Exhibit "A", hereto at-
tached and by reference made a
part hereof.
The property to be annexed is as
shown on the plat marked Exhibit
"A" attached hereto, and by this
reference made a part hereof, the
boundaries of said area being out-
lined in red thereon.
Section 2- The territory hereby
annexed shall become and be part
of the thirteenth Voting Precinct
to the City of Dubuque, Iowa.
Passed, approved and adopted
this 27th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Mayor Justmann. Carried by the
foliowing vote:
Yeas - Mayor Justmaun, Coun.
cilmen Brady, Luudh, Meyers,
Stackis.
Nays-None.
October 24, 1975
Honorable Mayor
and City Council
The Public Employment Rela.
Special Session, October 27, 1975
561
ATTEST:
Leo F. 'Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution. Seconded by
Couucilman Lundh. Carried by the
foliowing vote:
Yeas - Mayor Justmaun, Couu-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
RESOLUTION NO. 397.75
BE IT RESOLVED by the City
Couucil of the City of Dubuque,
Iowa, that the foliowing having
complied with thc 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.
James Rupp and Merwin Rupp,
Rupp's Texaco, 2297 University
Avenue
Passed, adopted and approved
this 27th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmeu
authorize a bargaining representa- '
tive for the purpose of bargaining
with the public employees or their
representative.
NOW, THEREFORE, BE IT RE-
SCJlLVEiD BY THE CITY GOUNCrL
OF DUBUQUE, IOWA, that the
City Manager or his desiguee,
either of who has the authority to
represent the City of Dubuque, as
the official Bargaining Representa.
tive in conformauce with Chapter
20, Code of Iowa, 1975.
Passed, adopted and approved
this 27th day of October, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilmau Stackis moved adop-
tion of the resolution. Seconded by
Councilman Meyers. Carried by the
foliowiug vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
RESOLUTION NO. 398.75
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOiLVF1D by the City Council of the
City of Dubuque, Iowa, that the
folio wing applications be granted
and permits Issued upon the com-
pliance with the terms of the Ordi-
uances of the City.
CLASS "B" BEER PERMIT
John F. Glynn, 760 East 16th Street
CLASS "C" BEER PERMIT
Kay Janet Nemmers, 250 West 1st
Street
Florence E. Chalder, 113 Main
Street
Passed, adopted and approved
this 27th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Meyers. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
RESOLUTION NO. 399.75
WHEREAS, applications for Beer
Permits were filed by the within
uamed applicants and they have
received the approval of this Coun-
cil; and
WHEREAS, the premises to be
occupied by such appiicants were
iuspected and found to comply
with the Ordinances of this City
aud they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVEJD by the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to caUSe to
be issued to the foliowing named
applicants a Beer Permit.
562
Special Session, October 27, 1975
CLASS "B" BEER PERMIT
John F. Glynn, 7,60 East 16th street
CLASS "C" BEER PERMIT
Kay Janet Nemmers, 250 west 1st
Street
Florence E. Chalder, 113 Main
Street
Passed, adopted and approved
this 27th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. Luudh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
RESOLUTION NO. 400.75
WHEREA:S, applications for Liq-
uor Licenses have heen submitted
to this Council for, approval and
the same have been examined,
NOW T1IEREFORE BE IT RE-
SOLVED by tl).ecity ,Council of
the City of Dubuque, Iowa" that
the foJlowing 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" (COMME'RCIAL) BEER
AND UQUOR LICENSE
Richard A., Schurbon, 1091 Main
Street
Helen Ann Spielman (also Sunday
Sales), 2401 Windsor Avenue
Passed, adopted and approved
this 27th day of October 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Donald F. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
connciltnan Stackis moved adop-
tion of the resolution. Seconded hy
Councilman Meyers. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmeu Brady, Lundh, Meyers,
Stackis.
Nays - None.
RESOLUTION NO. 401.75
WHEREAS, applications for Liq-
uor Licenses were filed by the
within uamed 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 aud
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.
Richard A. Schurbon, 1091 Main
Street
Helen Aun Spielman (also Sunday
Saies), 2401 Windsor Avenue
Passed, adopted and approved
this 27th day of October 1975.
C. Robert, Justmann
Mayor
Alvin E. Luudh
Emil Stackis
James E. Brady
Donald R. Meyers
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Meyers. Carried by the
following vote:
Yeas - Mayor Justmann, Ooun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
At 8:40 P.M. Councilman Meyers
moved to go into Executive Session
to discuss appointments to various
Boards and Commissions. Seconded
by Mayor Justmann. Carried by
the following vote:
Yeas - Mayor Justmaun, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Council Reconvened in Regular
Session at 8:50 P.M.
563
Special Session, October 27, 1975
Mayor Justmann made the fol-
lowing appoiutments:
Dean Schantz, Thomas J. Reilly,
Kenneth Ganahl and Donald D.
Garnett, all Bank Representatives,
to the newly formed Rehabilitation
Commission and John E. Hess to
the Civil Service Commission for
the unexpired term of Marvin Van
Sickle, expiring 3-31-78. Council.
man Stackis moved radification of
the appointments. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Meyers,
Stackis.
Nays - None.
Leo F. Frommelt
City Clerk
Approved ..................1976
Adopted ...................1976
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Councilmen
Attest:
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