1974 April Council Proceedings
200
Special Sessj.on, April 15, 1974
CITY COUNCIL
OFFICIAL
Special Se:'lon, April 15, 1974.
Council met et 7:30 P.M. (C.D.T.)
Present - Meyor Thoms, Coun.
cllmen Brady, Justmann, Lundh,
Stacki..
Absent - City Manager Gilbert
D. Cheyenelle.
Mayor Thoms read the call and
stated that service thereof had
,been duly made and this meeting
is called for the purpose of con-
sidering sale of a City owned par-
cel of property to Francis P. Ray-
mond and acting upon such other
business as may properly come be-
fore a regular meeting of the
Council.
Communication of American Le-
gion for Beer-Liquor application
forwarded from last meeting, pre-
sented and read. Couneilman Just-
mann moved that the rules be sus-
pended in order to let anyone pre-
sent address the Council if they so
desire. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
Helen Walsh, Earl Opperman,
Tom Walsh, M. O. Rosenthal, Ralph
Lytle, Joseph J. Bitter spoke on be-
ing opposed to bar. George Traut
and Francis J. Kelly spoke as be-
ing in favor of the issue. Attorney
Donald Breitbach disagreed with
Attorney Bitter's legal interpreta-
tion. Councilman Lundh moved to
reinstate the rules. Seconded by
Councilman StacIds. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
Councilman Justmann moved
that the application of the Ameri-
can Legion for a Class C Commer-
CÙlI Beer-Liquor license be denied.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Councilmen Brady. Just-
mann, Lundh.
Nays - Mayor Thoms, Council-
man Stackis.
Mayor Thoms moved that the
Planning & Zoning Commission be
~
directed to refer the matter back
to the Council and themselves for
a' more comprehensive direction
for preparation of an Ordinance.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Lundb, StacIds.
Nays - Councilmen Brady, Just-
mann. ,
Councilman Brady moved that
the application for a Class B beer
license as requested by St. Pat-
rick's Parish be denied. MOTION
DIED FOR LACK OF A SECOND.
Councilman Justmann moved
that the request of Sl Patrick's
Parish be tabled until Wednesday
April 17th at 5:30 P.M. at which
" time a meeting of the Council will
, he held. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council.
"men Brady, Justmann, Lundh.
Nays - Councilman Steekis; :
COUNCIL RECESSED AT 10:30
P.M.
RECONVENED AT 10:40 P.M.
Communication of U.S. Army
Corps of Engineers advising of na.
vigation studies and advising of
0 various meetings to be held on the
practicability, means, economic jus-
tification and environmental con.
siderations of providing a 12 foot
channel, presented and read. Ma-
yor Thoms moved the communica-
" tion be received and filed. Second-
ed by Councilman Justmann. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council-
0 men Brady, Justmann, Lundh,
StacIds.
Nays-None.
Communication of the Iowa Ci-
vil Rights Cmnmission providing
teehnical assistance to local human
rights commissions as a part of an
Education Program meetings to he
held on April 17th and 18th in Des
Moines, presented and read. Coun-
cilman Justmann moved the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady Justmann, Lundh,
Stackis. '
Nays - None.
Communication of Cal Murdock
pushing the cause of bicycling as
a means of transportation and re-
Special Session, April 15, 1974
201
creation, presented and read. Coun.
cilman Justmann moved the com.
munication be received and filed.
Seconded by Councilman Brady.
Carried by t'he following vote:
Yeas - Mayor Thoms, CouncU-
men Brady, Justmano, Lundh,
StacIds.
Nays - None.
Communication of W. M. Cle-
mens Jr. submitting his resignation
as a member of the Airport Com-
mission, presented and read. Coun-
cilman Justmanu moved the resig-
nation be accepted with regret and
a letter of appreciation for ser-
vices rendered be sent. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
StacIds.
Nays - None.
Communication of U.S. Depart-
ment of the Interior advising of
public hearings to be held on May
8, 1974, at Hempstead High School
at 7:30 P.M. to ascertain public
views on a wilderness study on
the Upper Mississippi Wild Life
and Fish Refuge, presented and
read. Councilman Justmann moved
the communication be received
and filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Thoms, Counei1-
man Brady, Justmano, Lundh,
Stackis.
Nays - None.
Communication of the Iowa State
Highway Commission advising of a
public meeting to be held in the
Council Chamber on April 23,
1004, at 1:30 P.M. on ¥3rious ....
ped¡ of a feasi'bility and necessity
of CQnsirucünn of a route from
Walerloo viOt Dubuque from the
D""",pori-Moline area tbm Du-
b- to 1-911 at LaCrosse, Wisc.,
¡>Æsen(:ed and read. Councilman
JustmanB moved the communica-
tian I>e received and filed. Seeond-
edby Councilman Brady. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
man BradY, Justmann, Lnndh,
Stackis.
Nays ~ N<>ne.
Communication of Mary Jo Wil-
ly. Dt¡buque Art Ass'n. urgjng sup. ,
port for j<>int sponsorship of~th&
Flight Four, Five and Sixty Cul-
tural Enrichment Program, pre.
sented and read. C<>uncilman Bra-
dy moved the communication be
received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
man Brady, Justmano, Lundh,
Stackis.
Nays - None.
Communication of American
Ass'n. of University W<>men en.
couraging the Council to partially
fund Flights 4/5/60, ,presented
and read. Councilman Brady m<>ved
the communication be received
and filed. Seconded by Council-
man Justmann. Carried by the (01-
l..wing vote:
Yeas - Mayor Thoms, Counei1-
men Brady, Justmann, Lundh,
Stackis.
Nays - None-
Cronmunication ..f Recreation
Commission submitting a Cultural
Enrichment Program Preliminary
Report for 1974-1975 Flight 4,/5/60
1973-74, Sehool Year, presented and
read. C<>uncilman Justmann moved
the communication 'be received and
filed. Sec..nded by Councilman
Brady. Carried by the foll<>wing
v..te:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None-
Councilman Justmann moved
to s""pend the rules in order to
let anyone present address thE>
Council if they so desire, second-
ed by Mayor Thoms. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
Carol Bitter, Ruth Nash, Sue Rei.
del, and Mrs. Mary Ellen Schuster
spoke <>n behalf of the Flight 4/51
60 Program. Councilman Justmann
moved for the mayor to meet with
other taxing authorities to work
Gut equitable funding of Fligbt 41
5/60 Program, Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
SlacIds.
NOt".. -None.
202
Special Session, Aprl115, 1974
April 5, 1974
Hon. Mayor & City Council
On February 20, 1974, Floyd Be.
rendes of 70 Nevada Street filed
claim against the City of Dubuque,
Iowa, in amount of $4070.62, claim.
ing said damage occurred on Jan-
uary 8, 1974 as a result of a sewer
blockage: and further claiming
said blockage occurred because of
sewer rods in the sewer line.
This matter was referred to the
appropriate City Agency and the
City Attorney was advised on
April 3, 1974 tbat said claim had
been satisfied in full.
In view of ,the foregoing, I re-
commend that the claim against
the City of Dubuque be denied.
Original claim is returned here-
with.
R. N. Russo
City Mtorney
Mayor Thoms moved approval of
the recommendation. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
April 5, 1974
Honorable Mayor
and City Council
Clin-Que, Inc. commenced an ac-
tion against the City of Dubuque
in the District Court of Dubuque
County, Iowa claiming that its de-
posit of $6871.50 as partial pay-
ment of ,the costs of installing an
eight inch water main from Penn-
sylvania Avenue to plaintiff's pro-
perty -by reason of the fact that
connection charges had accrued
and that plaintiff be reimbursed
said amount pursuant to the con-
tract entered into by the parties
on October 28, 1968.
This matter was tried before the
District Court of Dubuque County,
Iowa and thereafter on the 2nd
day of April, 1974, the Court ren.
dered a judgmeut in favor of plain-
tiff against the defendant for the
sum of $1002.26 together with
court costs in the amount of
$50.25.
It is the recommendation that
judgment be satisfied and that the
City Auditor be instructed to draw
warrant payable to Clin-Que, Inc.
in the amount of $1002.26, togeth-
er with warrant in the. amount of
$50.25 covering court costs in said
cause.
Original Notice with petition at.
tached is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved approval of
the recommendation. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundb,
StacIds.
Nays - None.
Notice of personal injury clOlm
of Alphonse H. Boge Jr. in the
amount of $250,000. as the result
of a gunshot wound on October 12,
1973, inflicted by Police Officer
Brown at a house on White Street,
presented and read. Mayor Thoms
moved the notice be referred to
the City Solicitor for investigation
aud report. Seconded by Council-
man Lundh. Carried by the follow.
ing vote:
Yeas - Mayor Thoms, Council.
men Brady, JustInann, Lundh,
StacIds.
Nays - None.
Communication of City Attorney
submitting an ordinance removing
some ambigious language in an Or.
dinance adopted in 1969, Park
Board request attached, presented
and read. Mayor Thoms moved
the communication 'he received
and filed. Seconded by Council.
man Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
ORDINANCE NO. 26-74
An Ordinance Amending Ordl.
nence No. 24-69 known as the
Ordinance Regulating Conduct
In Public Parks of the City of
Dubuque, Iowa, by Amending
Section 30 Thereof and Enacting
a New Section 30 In lieu the.....
of to proylde for the Open Se.
son or Hours for the Respective
Parks in the City of Dubuque,
Iowa, presented annd read.
Mayor 'Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman StacIds.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
stackis.
Special Session, Aprl115, 1974
203
, Nays-None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Stackis. Carried by the fallowing
,vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
.Stackis.
Nays-None.
ORDINANCE NO. 26.74
An O,din,n" Am,nding O,dimn"
No. 24-69 known" th, O,di.,n"
R,g.hting C.ndnct i. Pnhli, P"k,
of ,hc City of Duhuq"c, I",,", by
,meoJing S"tion 30 thm"f ,.d cn-
",ing , now Scction 30 in licu ,hm-
of 00 "covid, foe ,hc open .,,<on °'
hou" foe tho "'p",ivc ,D"k, in th,
':i', of Dubuquc, I"w,.
NOW, THEREFORE, BE IT OR-
D'\!NED by tho Ci'r Council of th,
City of Dubuquc, luw"
SECTION 1. Th,t O,din,." No. 24-
69 .f d,. City of Dubuquc, low, bc ,nd
th, ",n, i, hmby 'mend,d by "pc,lin"
S,«ion 30 thmof ,nd cn,cting , n,w
Ste,ioo 30 in licu thmof " foHow",
"Scction 30."
Thc opcn ","on Ot hou," fe< tho ,,-
'pc"i" p"k. ,nd p"k f"ili,i" ,h,I'
bc ""Ui,hcd hy th, P"k Bwd.
,'J E,glc Poin" Loui, Mutphy P,à
,cd Flon P"k ,h,U bc c'o.oo '0
thc public du,ioJ; houn item ~id-
nibht to 7,00 o'dock A.M. dueing
th, "guI" p"k "'<on ,nd F"nk-
lin D. Roooml, P"k ,h,U b,
clo"d to th, public fcom "'m"
to 7,00 o'clock A.M, du"ng thc
",01" p"k "'<on.
(b) Dudng th, p"iod of eim, "h"
th,n th, "gnl" op,n p"k ",-
,on, no pm"" ,h,U tnt" e< ,,-
m,in in ony p"k e< p"kw,y
,bov, n,m,d. On tho" ""wion,
wh,n w"th" I"tmi", d" ,bov,
mmcd p,d" .,ill b, open fOt mov-
ing v,hicu!" ",Hi< on wrekò,y.
bet.",n th, hou" ol 8,00 o'clock
A.". 'nd 3,00 o'clo<k P.M, ,nd
on w"k,nd. hom 12,'0 o'clock
noon to ,,00 o'clock P.M."
P"",d, ,dop<cd ,nd opptovcÒ ,hi, 15th
d,y of Aptil, 1974.
AII,n T. Thom'
M,yOt
C. Rob", Jootm'=
Alvin E. L=dh
Emil S"clu.
J,m" E. B"dy
Co=,ilm,n
ATTEST,
L<o F F<omm,lt
Citv Clock
Pul-1i;h,d offici.!Iy in ,h, TcI,."ph
He,,!! New.p'pc, thi. 19th d,y of Ap,i!.
1974.
It. 4-19.
Lco F. F<ommclt
Ci,y Clock
Mayor Thoms moved fioal adop-
tion of the Ordinance. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas -Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
AN ORDINANCE Authorizing
Ronald Amundson and Richard B.
Windsor to construct a canopy
over sidewalk at 253 Main Street,
presented and read. Mayor Thoms
moved totable the ordinance to
the meeting of April 22nd. Second.
edby Councilman Justmann. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Proof of Publication, certified
to by tbe Poblisher of Notice of
Poblic Hearing to consider amend.
ing Zoning Ordinance No. 3-34 so
as to change Manternach property
(Peru Road) from Multiple Resi-
dence District to Business "B" Dis-
trict Classification, presented and
read. No written objections were
filed and no oral objectors were
present at the time set for the
public hearing. Mayor Thoms
moved the proof of publication he
received and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 27.74
An Ordinance Amending and
Changing Ordinance No. 3-34,
known as "The Zoning Ordi-
nance and Zoning Map of the
City of Dubuque, Iowa" so es to
change certain property herein-
after described from "Multiple
Residence District" ciassification
to "Local Business 'B' District"
classification, said Ordinance
haying been preyiously present-
ed and read et the Council meet.
Ing of March 11, 1974, presented
for Final Adoption.
ORDINANCE NO. 27-74
An O,òin,n" Am,ndin. ",d Ch,ng.
in, O"lin'n" No, 3-34, known"
"Thc Zooning O,din,n" 'nd Zoning
M,p of ,h, G,y of Dubuqu" row,"
'" " to ch,ng, COt"'n P<OPC"y h,n..
in,f", d"cdbcd horn "M"leip!,
R"iòcncc Di"".," d",ific,don to
"Loc,1 Bwinc", 'B' Dimict" cI",ifi-
cotion.
Special Session, April 15, 1974
Special Session, April 15, 1974
005
004
NOW, THEREFORE, BE IT OR-
DIlINF.D by th, C;ty C,'uncil ul th,
City ul Dubu.u" low",
SECTrON 1- ThOT th, pL.t 01 Lot A,
. ò,ciic",d «o«w,lk Io""d b«w"n Lot
1 01 6 ,nd Lot 1 01 7 in Dubuqu, Hon."
Subciiv"ion No.2, bming A", 01 th,
28th .by 01 F,b,."y, 1974, ,nd p"-
pmd by th, City Enginm 01 ,h, City
01 Dnhuque, 10"", '" 'nd th, ..m, i,
¡"tÒy ',,?roved md th, Mt"'" ,nJ th,
Dry Cl"k 10, ,nd th,y '" hmby ,u-
thoÚ",d ,"d di"c",d to ",cu" th, "m,
fut .nd on bd"lf .,1 th, City 01 Du-
b...¡." low,.
SECTION 2. ThOT "id ",I ,,"'" d"
",ihcd '" Lot A, , "o,"w,lk botw"n
1,ot I 01 6 'nd tot I 01 7 in Dubuqu,
Hom" Sub,]ivi,ion No, 2, m th, City of
Dubuqu,. I."., b, ,md the "m, i, hm-
by vow,d.
SECTION J. Th" th, City Crock b,
,nd be i, b",by ""hoÚred ,nd di"",d
CO <ou", 'Ot"" of iu"ut to di,po", of
"id ",I """ to Mt. Fm,i, P. R,y'
mond, w;;,h t"l """ i, d""ib,d iu
'M p,,',"ph hmin,bov,.
SECTION 4. 11", ",00"','0« of ,,¡d
Lm !>., , «..."..Ik b"w"n Lot I öI 6
",d L"t I of 7 in lÀd>uq" H=" Sub-
divi,;cn No.2, in th, City of Dubu',~,
10"" '0 Mt, Fcw", P. R,ymond lot ,nd
tOe "'Ut i, hacby ",p",vcd upon ".y-
,=ot of $100.00 ,nd uoon P'Vmcnt of
co", of pt-bli"cion ,od filiog com.
P""d, 'pp<ov<d 'nd ,dop"d chi, 15'"
d,y 01 April, 1>74.
AII,n T, Thorn,
M,y",
c. Rob", J",tm"",
Alvin E, Lnndh
Emil S"ek~
J=" E. ""dy
Councilm=
No.2 to Francis P. Raymond, pre-
sented and read. No written ob-
jections were filed and no oral
objectors were present at the time
set for the public heariug. Mayor
Thoms moved the proof of publi-
cation be received and filed. Sec-
onded by Councilman Justmann
Carried by the following vote: .
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundb
Stackis. '
Nays-None.
ORDINANCE NO. 28-74
An Ordinance Vacating a Dedi.
cated Walkway ioceted between
Lot I of 7 and Lot 2 of 6 of the
Dubuque Homes Subdivision No.
2 in City of Dubuque, Iowa, said
Ordinance hoving been preyious-
Iy presented and read at the
Council meeting of March 11,
1974, presented for Final Adop-
tion.
ORDINANCE NO. 28.74
An Otdin,n« Vmting , D,di""d
\hJkw,y Io""d b"w«n Lot 1 of
7 ..d Lot 2 of 6 ,f th, Dubuqu,
Horn" Subdivi,ion No, 2 in City ,£
Dubuqu', low,.
WHEREAS, F"nci, P. R,ymond, own-
" cf Lot 1 of 7 of Dubuqu, Horn" 'ub-
,!ivi,;,,- No.2, h" p"iticn,d th, City
Coun,a fo' th, "",ion of ,h, d,dicmd
w,lkw,y Io"",d b"w«n Lot 1 of 7 ,nd
Lnt 2 of 6 of tho ,hov, d""ib,d ",1
""" ,itumd in th, City of Dubu.u"
low..
WHEREAS, th, ,wn" of ch, ",1 ,,-
cm d""i¡',d " Lot 2 of 6 of Dubuqu,
Born" '"bdiv~ion No 2, in wtiti,'g,
do" not obi'" to th, we"ion ,nd "I,
of dtdiw,d "o"w,lk to F"nci, P. R,y-
mond.
WHEREAS, th, City Phnning ,nd
Zonin, Com"""ioo of th, Cicy of Du-
buqu" h" ",i,w,d th, p,cition 01 Mt,
F"n'" P R,ymond "qu"cin, "",icn
of , oo".nlk ,butting hi, pmp"ty whi,h
i, d""ihcd " 1.0, I of 7 in Dubu,u,
I'lom" 'ubdivi,ion No 2, ,nd th, com-
mi..io" h" d""min,d th" th, ,bov,
d"wb,d pmp"ty "'V" no pcmnt ot
f",,«,bl, n«d " , "cm..w,lk" ,nd h"
no nbj"tiorn to it> "",ion.
WHFREAS, th, City Ensin",iog ",ff
h" ,,"i,wed th, "qu'" of Mt. Fm,i,
P. R,ymond to ,,"', d,dicmd w,lkw,y
loc",J bocw"n Lot 1 of 7 ,od Lot 2
of 6 in Dubuqu, Horn" Subdivi,ion No.
2, 10 f"c wid, ,nd H3.28 I«t long on
..nth ,id, ,nd H6.55 f", long on th,
oo"h ,ið<. ,nd th, ,n.in"",". ",ff f,d,
th", i, no ""on fo< th, City of Dn-
buqut co ""in thi, "",,w,lk ,od 1",,1
it;,:ot1"bmin"""to,h,Cityco
""" ,nd ,dI "m' to M,. F"nci, P
R,ymood.
buque, Iowa, met on the 15th day
of April, 1974 at 7:30 o'clock P.M.
(Central Daylight Savings Time) in
the City Council Chambers, City
Hall, Dubuque, Iowa to consider
the proposal to vacate and dispose
of interest of the City of Dubuque,
Iowa in certain real estate, here-
inafter described, to Francis P.
Raymond: and
WHEREAS, City Council of City
of Dubuque, Iowa overruled any
and all objections, oral or writ-
ten, to the proposal to dispose of
interest of City of Dubuque, Iowa
in the hereinafter described real
estate to Francis P. Raymond:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section I. That the dispesal of
interest of City of Dubuque, Iowa
in the following described parcel
of vacated real estate, io-wit:
Lot "A", a crosswalk hetween
Lot 1 of Lot 6 and Lot 1 of
Lot 7, in Dubuque Homes Sub-
division No.2 in the CitY of
Duhuque, Iowa
to Francis P. Raymond for $100.00,
plUS publieatiun costs and filing
fees be and the same is hereby ap-
proved; and tbat conveyance shall
be made by Quit Claim Deed and
no abstract will be furnished.
Soctlon 2. That the CitY Clerk
he and he is hereby authorized
and directed to deliver deed of
Conveyance conveying tbe above
described parcel of real estate to
Franeis P. Raymond upon receipt
of the purchase price of $100.00
plus publicationcosls and filing
fees.
Section 3. That the CitY Clerk
be md he is hereby authorized
and directed to record a certified
,"",y of tbis Resolution in the <>1,.
lice of the Dubuque County Re-
corder.
Passed, approved and adapted
this 15th day of April, 1974.
Allan T. Thoms
Mayor
C. Rohert Justmann
Alvin E. Lundh
Emil Stockis
James E. Brady
Councilmen
NOW THEREFORE BE IT OR-
DAINED by th, City Coun,il of th,
City of 9ubuqu" low",
SECTION!. Th" O,di",n« No, 3-
H, koown " "Th, 7.onio5 O,din,n« ,nd
Zooin, Mt<p of tho City of Dubuqu',
low'- 10, ,nd tho "00' i, hmby 'mcod-
d hv ch,nging fwm """Itipl, R,'¡d,o"
;imin" dmifi"cion '0 "Lo,,1 B",i-
n,'" 'B' Dimi"" cb",fi",cion th, foI-
Ivwin, Je..cibed ",1 ..m" to witt
Comm,"cins " th, W"t 'k of Soccion
u, 'Ih,"", E"t 1530,27 ,," co th, cen-
ttdin, of poru Ro,d, ,h,n" Noeth 5
d""" 16 I"t JO inch" W"t, 730.46
I", to "h, point of b'ginniog, Th,n«
Nonh 5 d'gt"" 56 10" 30 inch" W,",
146.31 fM ,Ion>; "id eenwlin" Th,n«
No«h , d'gt«' 56 f"t 30 ind", W'"
~".60 f"t .Inn. "id c,"",lin~ Th,n"
No"hll.i,g=OSf«'15in,h"W"t,
496.09 f",t ,long "id "nttdin" Th="
50",h 74 d,g"" 51 f«c 45 in"h" W"t,
260 f«" Th=« Soutb " d,g"" Og
fe«15i.c¡"'E"t,260fMpm!1,lco
"id ",nt"Ii"" Th,n« South 9 dog""
56 Ie" 30 inch... E"t, 260 f«t p,.,lId
co ..id "n",lint, Thon« Noeth ..
d'g"" 09 ft<t ., ',n,h" Em, 260 ¡at
<0 tb, pomt of beginning, ,11 lo"too in
ponio", of Lo" A ,.d lOt B of T",,«
Ho,htt Subdivi,ion ~nd Lot J of th,
Nonhw...t ~ of th, No"hw"t ~ of
S,cti", 12, T89N, R2E of ,h, Ith P,M.
iu the Ci,y of Dubuqu'. low,.
SECTiON 2. Th" th, lo"goins
Aoucdment h" hmccfo" been 'pproved
by th, Phnnin¡; ,nd Zcuin. Commi,,"'n
"f ,b, Ci"J' of Dub.q"" low"
l',,><d. ,pptoved =I wop",d thi, 15th
d,y of Apcil, 1974.
AlI,n T. Thorn'
M,yot
C. R~bm Ju"m'nn
Alvin E, Lundh
Emil S"cki.
]om" £. B"dy
Councilm,n
ATTFST,
Len F, Fromm,lt
City <:Iak
Publi'Md offichUv in th, Td'ò"ph
Hmld N,w""p" thi; 19th d,y 01 Aptil,
I"',
ATTEST,
Loo F Frommdt
Ci,y Cltrk
l'ub1i,hd offici,Uy in th, Td'g"ph
J-I«,Id N,w,p'p" chi, 19th d,y of A?til,
1974.
Len F. F"'mmdt
City CI"k
Ie 4-'9.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Justmann. Carried by
the following V"ote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stack!s.
Nays-None.
RESOLUTION NO. 125-74
WHEREAS, pursuant to resolu-
tion olpubIished notice of time
and place of hearing published in
the Telegrapb-Herald, a newspaper
of general circulation published in
the 'City of Dubuque, Iowa on
March 15, 1974 and M.reh 22,
1974, City Council of CitY of Duo
L,o F, Fctmmdt
Ci,y CI,d
It. 4-19.
Mayor Thoms moved fill.al adop-
tion of the Ordinance. Seconded
by Councilman StacIds. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Steekis.
Nays-None.
Proof of Publication, certilied
.(0 by the publisher, of Notice of
public hearing to consider propos-
al to dispose Of Lot A a crosswalk
between Lot 1 of Lot 6 and Lot 1
of Lot 7 in Dubuque Homes Sub.
Attest:
Leo F- Frommelt
CitY Clerk
Mayor Thoms Yn(3>ed adoption
of the resolution. Seconded by
206
CQuncilman Justmann. Carried by
the follQwing vote:
Ye8$ - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Petition of Harlan J. Roth reo
questing rezoning of Lots 568 and
569 in Lennox AdditiQn frQm sin.
gle family to double family dwell.
ing on McPoland Street, presented
and read. Mayor Thoms moved the
petitiQn 'be referred to the Plan-
nJ¡¡g & ZQning Cmnmission. Se-
conded by Councilman Justmann.
Carried ,bY the following vote:
Yeas - Mayor Thoms, CQuncil.
men Brady, Justmann, Lundh,
StacIds.
Nays - None.
Petition of Dubuque Realty,
Mike McCarthy offering to submit
a proposal on the purchase of city
owned Lot 153 in Lennox Addition,
presented and read. Mayor Thoms
moved the petition be referred to
the City Manager and City Attor-
ney. Seconded by Councilman Just-
mann. carried by the following
-rote :
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
StacIds.
Nays - None.
Petition of Peoples Natural Gas
requesting permission to excavate
in Gilliam Street, presented and
read. Mayor Thoms moved the pe-
tition be approved. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
StacIds.
Nays-None.
Petition of Peoples Natura1 G8$
requesting permission to excavate
in Audubon Street, presented and
read. Mayor Thoms moved the pe-
tition be approved. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Petition for annexation by the
DeLuxe Motel Inc. covering Lot 2
of 2 of 1 of Deluxe Cottage Court
and Lot 2 of 1 of 1 of 1 of 1 of
George Jecklin Farm" presented
by Attorney D. Clel U!llS, presented
and read. Mayor Thoms moved the
petition he referred to the Plan--
Special Session, April 15, 1974
ning & Zoning Commission. See'
onded by Councilman Justmann
Carried by the following vote: .
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh
Stackis. '
Nays-None.
Petition of Order of Ahepa re-
questing permission to place can.
nisters in various establishments
for raising funds for the fight
against Cooley's anemia, presented
and read. Mayor Thoms moved the
petition he granted and referred
to the City Manager. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 12, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the final plat of Block 14
in "sunrise Heights Subdivision"
in ,the City of Dubuque, Iowa. The
Commission has determined that
the final plat is in conformance
with the approved preliminary
plat and is an appropriate desigu
for this area. It has also noted
that the subdivision conforms to
the standards of the Zoning and
Subdivision Ordinances. The Plan.
ning and Zoning Commission has
recommended your approval uf
this plat.
CITY pLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development planner
Mayor Thoms moved the com.
munication be received and filed.
Seconded by Councilman Just-
manu. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
StacIds.
Nays-None.
RESOLUTION NO. 126-74
Resolution Approving the Plat
of Block 14 In "Sunrise Heights"
in the City of Dubuque, Iowa.
WHEREAS, there has been filed
with the City Clerk a plat of the
Subdivision to be known as Block
14 in "Sunrise Heights" in the
City of Dubuque, Iowa, by James
H. Richard and Darlene H. Rieh-
ard; and
"'-"
Special Session, April 15, 1974
2f1l
WHEREAS, upon said plat ap-
pear streets to be known as Mead-
ow Wood Drive, together with cer-
tain public utility easements which
the Owners by said plat have dedi-
cated to ,the public forever; and
WHEREAS, said plat has been
examined by the City Planning
and Zoning Commission and had
its approval endorsed thereon; and
WHEREAS, said plat has been
examined by tbe City Council and
they find that the same conforms
to statutes and ordinances relating
thereto, except that street grades
have not heen established, the
streets brought to grade, or pav.
ing, sewer Or water installed;
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section ,. That the dedications
of Meadow Wood Drive together
with the easements for public util-
ities as the same appear upon said
plat, be and the same are hereby
accepted;
Section 2. That the plat of Block
14 in "Sunrise Heights" in the City
of Dubuque, Iowa, he and the same
is hereby approved and the Mayor
and City Clerk are hereby author-
ized and directed to endorse the
approval of the City of Dubuque,
Iowa, upon said plat, provided the
owners of said property herein
named, execute their written accep-
tance hereto attached agreeing:
a. To reduce all streets to grade
and to constroct concrete curb and
gutter and to hard surface Mead.
ow Wood Drive with bituminous
concrete, or with concrete paving
with integral curb, all in accord-
ance with City of Dubuque stand-
ard specifications;
b. To install sanitary sewer
mains and sewer service laterals
in accordance with plans submit-
ted with the plat;
e. To install water mains and
water service laterals in accord-
ance with plans submitted with the
plat;
d. To install storm sewers and
catchbasins in accordance with
plans submitted with the plat;
e. To install concrete sidewalks
as required by Ordinances, and
where directed by the City Engi.
neer and the City Manager;
f. To construct the foregoing tm-
provements in accordance with
ptans and specifications approved
by the City Manager, under the In-
spection <Ýf the City Engineer, and
in a manner approved by the City
Manager;
g. To maintain the foregoing im-
provements for a period of four
(4) years from the date of their
acceptance by the City of Du.
buque, Iowa;
h. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
James H. Richard and Darlene H.
Richard, as owner,
i. To construct said improve-
ments, except sidewalks, prior to
March 15, 1976, and to construct
the sidewalks prior to March 15,
1978; and further provided that
said James H. Richard and Dar-
lene H. Richard, as owner of said
Subdivision, secure the perform-
ance of the foregoing conditions
by providing security in such form
and with such sureties as may be
acceptable to the City Manager.
Section 3. That in the event
James H. Richard and Darlene H.
Richard, shall fail to execute the
acceptance and furnish the seCIll'-
ity provided for in Section 2 here-
of within 45 days after the date
of this Resolution, the provisions
hereof shall he null and void and
the acceptance of the dedication
and approval of the plat shall not
be effective.
Passed, adopted and approved
by unanimous recorded roll call
this 15th day of April, A.D., 1974-
Allan T. Thoms
Mayor
C. Rohert Jústmann
Alvin E. Lundh
Emil StacIds
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 126-74
We, the undersigned James H.
Richard and Darlene H. Richard
having read the terms and condi-
tions of the foregoing Resolution
No. 126-74 and being familiar with
the conditions thereof, hereby ac-
cept tbe same and agree to per-
form the conditions required
therein.
Dated at Dubuque, Iowa, this
29th day of May, 1974.
s/James H. Richard
s/Darlene H. Richard
ZÐ8
Special Session, April 15, 11114
TO:
LEO F. FR{)MMELT
CITY CLERK
This is to certify that the secut'
ity provided hy the foregoing RES-
OLUTION NO. 126-74 has been
furulshedby the owners;
Dated at Dubuqu&, Iowa, this
29th day of May, 1974.
Gilbert D. Chavenelle
City 'Manager
lII~r Thoma moved adoption
of. the resolution. Seconded by
Councilman Justmann. Carried hy
the' fallowing vote:
Yeas - Mayor Thoma, Couneil-
mOD . Brady, Ju.stntann, Lundb,
Stackk
Nayo--None.
RE~QLUTIQN NO. 121.74
WHEREAS, applications for Liq-
uor Lieenses have heen submitted
to this Council for approval and
tho same have heen examined,
NOW THEREFORE liE IT RE-
SOLVED by the City Council of
tho City of Dubuque, Iowa. that
the following applicatioJls be ap-
proved and licenses issued upon
the eompliance with the provi-
si¡ms, of Chapter 131, Acts of the
Yttst Regular Sessi<>n" 64th Ge...
~aI Assemb ¡¡.
a.ASS "C" (COMMEItCtAI!.) BEER
AND UQUOR uceNS2:
Leonard H. and Betty L. Crane.
dba Cock-N-Bull SUpper Club,
ti45 Kenaody Road
Knigllts of Columbus C"""eil 51 },
781 l.DNst Street
ALSO SUNDAY SALES
Raymond Ney, dba Ray's Tap, 2186
Centra! Avenue
Marco's Inc., dba M.arco's Italian
Amerre:u¡ Foods, 2022 Central
Avenue
Passed, adopted and approved
this 15th day of April 1974"
AIlon T. Thoms
'MayQ1"
C. Ro.hert Justmaillt
James E. Brady
Alvin Eo Lundh
Emil Stackis
Councilmell.
CoUIlei1man Stackis moved adOP-
tto"" of tho resol11iion. Secoaded by
C\)uJIei\lllan JustIJIa/HI. Ca.rried by
the following vote:
,'leas - Mayor Thoms, Coullcil.
men Brady, Justmann, Lundh,
Stacm
N!\¥~OIl< . ..
Atlest:
Leo Y. Frommelt
City Clerk
RESOLUTION NO. 128.74
wHEREAS. applications for liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law snd all the
City Ordinances relevant thereto
and theY have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that tile Manager
00 authorized to eauso to be j¡¡..
sued to the following named ap.-
plicants a L1qUQ1" License.
CLASS"C" (COMMERCIAL) BEER
AND LIQUOR L.ICENSE
Lennard H. and Betty L. Crane dba
Cock.N-Buil Supper Club, 2245
Kennedy Road
Knights of Columbus Council 51!),
781 Locust Street
, ALSO SUNDAY SALES
Raymond Ney. clba Ray's Tap, 218&
Central A.-nue
MareÐls Inc., dba, Marco's Italian
AmericaD Fuods, 2022 Centra)
Ave.
Passed, adopted and approved
this 15th clay of April 1974.
Allan T. ThonlS
Mayor
C. Robert J'ustmann
James E. Brady
Alvin B. Lundh
I!mH Stackis
Councilmen
Attest:
Leo F. J'rommelt
City Clerk
Councilman Stackis meved adop-
tion of the resolution. Seconded
by Councihnan Justmann. Carried
by the following vote.:
Yeas - Mayor Thoms, Connell-
mea Brady, Justmann, Lundh,
Siackis.
Nays-None.
RESOL..UTION NO. 129.741
WHEREAS, appllcatio... for
Baer Permits ha¥e been submitted
t~ this Council for approval and
the same have heen examined;
NOW THEREFORE BE IT BE-
SOLVED by'the City Couw:ü of
th.. . CitJl of Dubuque, Iowa, that
~ fW,loVÅliIi ap~ti<ms b&
Special Session, April 15, 1974
209
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "B" BEER PERMIT
Dubuque Sports Unlimited, Inc.,
40th Street Extension
Passed, adopted and approved
this 15th day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution, Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
RESOLUTION NO. 130-74
WHEREAS, applications for
Baer Permits were filed by the
within named applicants and they
have received the approval of this
counei1; and
WHEREAS, the premises to he
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager he authorized to
cause to be issued to the follow-
ing named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
Dubuque Sports Unlimited, Inc.,
4th Street Extension
Passed, adopted and approved
this 15th day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas - Mayor ThonlS, Council-
men Brady, Justmann, Lundb,
Stackis.
Nays-None.
Petition of Edward A. Freihage
objecting to storm sewer washout
problem on the south side of Mc-
Donald's Restaurant, presented
and read. Councilman Justmann
moved the petition be referred to
the City Manager, Engineering De-
partment, and City Solicitor for in-
vestigation and report. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Earl Bock
submitting a survey and overall
review of the traffic problem in
the City, as a follow up of one
submitted on September 23, 1972,
presented and read. Mayor Thoms
moved the communication be re-
ferred to Engineering Department
and Transportation Committee.
Seconded. by Councilman Just-
mann. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of the Daven-
port Times-Democrat submitting a
Sunday edition of March 31, 1974,
devoted to city-county intergovern.
mental cooperation and consolida-
tion, presented and read. Mayor
Thoms moved the communication
be received and filed and a copy
sent to the County Supervisors.
Seconded by Councilman Just.
mann. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
There being no furtber business,
Mayor Thoms moved to adjourn.
Seconded by Councilman Just-
mana. Carried by the following
vote:
Yeas - Mayor ThonlS, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
210
Special Session, April 15, 1974
Approved .................................. 1974,.
Adopted .................................... 1974.
Mayor
Councilmen
Attest:
City Clerk
Special Session, April 17, 1974
211
CITY COUNCIL
OFFICIAL
Spacial Session, April 17, 1974.
Council met at 5:30 P.M. (C.D.T.)
Present-Mayor Thoms, Council-
men ..Brady, ..Justmann, ..Lundh,
Stackls. City Manager Gilbert D.
Chayenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON.
SIDERING THE ISSUANCE OF A
BEER PERMIT TO ST. PATRiCK'S
CHURCH and acting upon such
other business as may properly
come hefore a regular meeting of
the Council.
RESOLUTION NO. 131-74
WHEREAS, applications for
Beer Permits have been submit-
ted to this Council for approval
and the same have been exam-
ined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "Boo BEER PERMIT
and SUNDAY SALES
St. Patrick's Church, 14025 Iowa
Street
Passed, adopted and approved
this 17th day of April 19740.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundb, Stackis.
Nays-Councilman Brady.
RESOLUTION NO. 132.74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
...."
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager he authorized to
cause to he issued to the follow.
ing named applicants a Beer Per-
mit.
CLASS '18" BEER PERMIT
and SUNDAY SALES
St. Patrick's Church, 14025 Iowa
Street
Passed, adopted and approved
this 17th day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays-Councilman Brady.
RESOLUTION NO. 133-74
A Resolution of Support for the
Proposed Corridor Alignment of
Freeway 520 In Dubuque Coun-
ty, and requesting the timely
completion of the proposed 1m-
proyement together with other
high priority elements of the
Arterial Road System in the Du-
buque Metropolitan Area.
Whereas, the Iowa State ffigh-
way Commission has completed a
Draft Environmental Impact Stat...
ment and Planning Report for
Freeway 520 in Dubuque and Dela-
ware Couuties, in Iowa; and
Whereas, an informational meet-
ing has been conducted on the pro-
posed corridor planning report,
which mecting was attended by
members of the City Council of
the City of Dubuque, Iowa; and,
Whereas, a corridor public hear-
ing has been scheduled for April
18, 1974, for purposes of eliciting
the views and comments of con.
cerned citizens and units of local
government; and
-'~~'
212
Special Session, April 17, 1974
NOW THEREFORE BE IT HE- '
SOLVED ,by the City Council of
the City of Dubuque, Iowa:
Section 1. That the concept of a
freeway.type facility as proposed
in Dubuque and Delaware Coun-
ties is hereby endorsed and ap-
proved by ,the City Council of the
City of Dubuque, Iowa.
Section 2. That the corridor lo-
cation for such facility as recom-
mended by the Planning Report
for Project No. F-520-9, dated
March, 19740, is found to be in ac'
cordance with long-range transpor-
tation planning for the City of
Dubuque, Iowa.
Section 3. That the Commission
update the projections on traffic
usage based upon current informa-
tion and energy availability.
Section 4. That the Iowa State
Highway Commission and the Fed-
eral Highway Administration are
hereby requested to proceed with
implementation of the proposed
freeway plan.
Passed, approved and adopted
this 17th day of April, 19740.
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop.
tion of the resolution as amended.
Seconded by Councilman Lundh.
Carried by the foilowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-Councilman Justmann.
COUNCILMAN JUSTMANN
LEFT THE COUNCIL CHAMBER
AT 6:10 P.M.
Councilman Stackis moved that
the Mayor and City Manager are
to serve as members of the Re.
gional Planning Commission and
two Councilmen as alternates. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council.
men Lundh, Stackis.
Nays-Councilman Brady.
Absent-Councilman Justmann.
Mayor Thoms moved that the
City of Dubuque approve the Ar-
ticles and By-Laws and Inter Gov-
ernmental Agreement creating
the area Council of Governments
and formally petition for entry
therein and the Mayor be author-
ized to sign for the City of Du.
buque. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
There being no further business
Councilman Stackis moved to ad.
journ. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
Leo F. Frommelt
City Clerk
Approved
Adopted
'.""""""""""""""""'ïd~Ÿ~;"""""'"
............................................................
............................................................
Councilmen
Attest """""""'ciiÿ"'ë¡;;t"""""'"
1974
Special Session, April 22, 1974
213
CITY COUNCIL
OFFICIAL
Special Session, April 22, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present - Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chaveneile.
1974
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose OF CON.
SIDERING SALE OF LAND IN
aLOCK 5 of RiVERFRONT SUB.
NO.3 and acting upon such other
business as may properly come be-
fore a regular meeting of the City
Council.
COmmunication of HUD express-
ing thanks for courtesies extended
to Veronica Moore on her recent
visit to the City, presented and
read. Councilman Justmann moved
the communication be received
and filed. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Delos A. Dor-
weiler submitting information and
ground work information relative
to his Lot 10 of Mettel Link Addi-
tion, presented and read. Council.
man Justmann moved the COmmu-
nication be received and filed and
referred to the City Manager and
the Engineerin~ Department. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
COmmunication of E. A. Gartner
at al (55 signers) objecting to the
possible construction of a six story
apartment bnilding on a lot be-
hind Graham Circle, presented and
read. Mayor Thoms moved the
communication he referred to the
Council and the Planning & Zon-
ing Commission. Seconded by
COuncilman Justmanu. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
wm Brady, Justmann, SUlckis.
Nays-None.
Abstain-Counci1man Lundh.
Communication of Robert Rose-
now of 1420 Glen Oak comment-
ing on the presentation. made by
former Councilman Bitter concern.
ing the heer license for the Amer.
ican Legion, presented and read.
Mayor Thoms moved the commu.
nication be received and filed.
Seconded by Counei1man Just.
mann. Carried by the following
vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Edna G. Be-
nell submitting ideas as to cutting
down on noises, mufflers etc., also
leaving garbage trucks and con.
struction crews start earlier, also
the barking of dogs, presented and
read. Mayor Thoms moved the
communication be received and
filed and referred to the Health
Department. Seconded by Council-
man Justmann. Carried by the fol.
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Adeline Faust
suggesting changing of routes for
garbage trucks such as alternating
the weekly pickups, presented and
read. Mayor Thoms moved the
communication be received and
filed and referred to Engineering
Department Seconded by Council.
man Justmann. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of University of
Iowa submitting announcement of
a special seminar on Alcoholiam
to 'he held at Maquoketa on May
28, 1974, presented and read. Ma-
yor Thoms moved the communi-
cation be receiyed and filed and
referred to the Health Department
and County Mental Health Center.
Seconded by Councilman Just.
manu. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Jl1stmann, Lundh,
Stackis.
Nays-None.
Communication of Dubuque
Transit Trustee Board recommend-
ing that permiasioo be granted to
the Cab Company to permit more
214
Special Session, April 22, 1974
than one party to ride in cabs at
one time, presented and read.
councilman Justmano moved the
communication he received and
filed. Seconded by Councilman
Stackis. carried by the following
vote:
Yeas - Mayor Thoms, council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 19, 19740
To the Honorable Mayor and
City council
The A-OK Yellow Cab Company,
on April 3,1974, requested the
City of Dubuque to grant them a
rate increase. The cab company
also requested that modification
he made in the following section
of the ordinance:
g) When service is provided to
more than (1) passenger on
a trip, the driver shall re-
quest and receive the oral
consent of original passenger
before providing service to
additional passengers.
The cab company has requested
that this provision of the ordi-
nance be deleted.
After analyzing the financial
statement of the cab company's
operations for the last two monthS,
the staff is recommending and
submitting an ordinance for grant-
ing the following increaseS:
a) Increase in the first quarter
mile from 70¡! to 90¡!.
b) Increase the minimum charge
in all cases from 70¡! to 90¡!.
Your staff also recommends
that the clause restricting the
provision relating to permission
for additional passengers in the
cab he deleted from the ordinanCe.
The cab company has said that
the proposed increases will gen- I
erate an additional $36,000 annual.
ly. Of this $36,000, they maintain
approximately 60% will be used
for operating expenses which will
result in a net revenue increase
of $14,400.
The cab company has assured 'us
that even though the provision re-
lating to additional passengers in
a cab is amended, that they will
not reduce the quality of service
they are noW providing in the
City of Dubuque.
Your approval of this ordinance
is recommended.
Francis A. Murray
Assistant City Manager
o~"
Councilman Justmaun moved
the communication be received
and filed. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
stackis.
Nays-None.
Mayor Thoms moved to suspend
the rules in order to let anyone
present address the Council if they
SO desire. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Mrs. Luerskens addressed the
Council stating that the taxi Com.
pany is hard pressed finanCÙllly
and would welcome a fare in.
crease. Councilman Brady moved
to reinstate old section (g) as ap-
pears in Ordinance No. 11-69 and
the passenger rate for first one-
fifth mile read 90¡! and each ad-
ditional one-fifth mile 10 cents of
sections (a) and (b). seconded by
Councilman Lundh. Carried by
the following vote:
Yeas - Councilmen Brady,
Justmann, Lundh, Stackis.
Nays-Mayor Thoms.
ORDINANCE NO. 29.74
An Ordinance Amending Ordl.
nance No. 11-69 by repealing
Section 2 thereof and enacting
a New Section 2 in lieu thereof
to proYide for the rate or fara
to be paid by one pa_nger
from seyenty cent. for the first
one-fifth mile to ninety cents
therefor and to proYide for rate
or fora to be cherged each pas-
senger regardless of origin and
regardiess of destination and to
proyide e five dollars an hour
waiting cherge: end repealing
Ordinance No. 55-73, prasentad
and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Mayor Thoms moved the rule
requiring an Ordinance to be read
on t'hree separate days be waived.
Special Session, April 22, 1974
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 29.74
An a,dinonco Am..dins a,dinonco
No. 11-69 by cop..Iing S",ion 2 ,hm-
oi ond ..oc,ing 0 Ncw S<ction 2 in
lion ,hmoi to providc io' ,h, "" 0'
im to bc I"id by on, po"cng" !tom
"""y c.." io, tho fim ont.fiith
milo to nin"y ,.." thmio" ond to
p,ovidc io' "" 0' im to bo ,hotgtd
..,h p...o.." "g"dl", oi origin ond
"g"dl.., oi do"in"ion ond. '0 p'o-
vido 0 fiyo doll... on bou, w.idng
ch"g" ond "",oling a,dinoneo No.
H-73.
NOW THEREFORE BE IT OR-
DAINED by tho City Council oi tho
City oi Dubuqno, low",
SECTION I. Th" Soction 2 oi a,di.
n""o No. 11-69 bo ond tho ..mo i,
bc"¡'y c""oIoo ..d th" 0 now s.ction
2 bo ,no",d in Ii.. thmoi .. iollow"
"Soction 2. Tho< Soction 13 oi a,di-
noncc No. JJ->7, .. omcndod by O,di-
nonCt No. 40.61 U hmhy "p..¡cd ..d
0 nOW Soc,ion 13 U cnoc"d in li.. thmoi
" iollow"
Soction 13. Tho following "0 ho"by
ii..d ond ",ohlithcd " tho "'" ond
ch"s" io' tho "..,po""ion oi p"-
..ngen within tho City limi" oi tho
City oi Dubuq.., low",
0) ano p....ngc"
Fim II milt-90 c.."
Eoch odditionol (II) milt 10 c.."
b) Two °' mo" po"cngen (not ,,-
",ding I), ..mc poin" oi o,igin
ond d..tinodo",
Fin' (II) milt-90 c.."
Eoch odditiono! (II) milt-IO eonn
Eoch omo p.....g,,-IO ccn"
c) Two ot mo" po"cngen (not ,,-
",ding I), ..mc point oi otigin
but diffmnt do"inodon" Fim p"-
..ng" ditCh"scd poy, onc p"..n-
SOt "'0.
Mc... will continuo to opc"'t-
..ch .o"..ding p"..ng" duch"gcd
will poy inc",.. in to,,1 mo... ""
i,om m"c"d "" oi p,..inu, p"-
..ng" plu, (to eon,,).
Minimum ch"gc in oil co,.. will bo
(90 con").
d) Vodou, poin" oi o,isin ..d d,,-
dn..io",
Eocb p,,"on ,boll poy m""od ""
<xccpt " oudincd und.. (c)-..mc
o"gin but diffmnt d"tin"io...
Min;mnm ch"gc in oil co.., will bo
(90 Ctn").
0) R"" includc o,din"y luggogc.
i) Woiting ch"sc bcgi.. immodi"cly
" ( S.OO pt, hou,).
) In oil c.." in which "xicob ..tVieo
u being ptovidcd to mo" thon ono
215
p"..ng" in 0 giyon <tip, th. d"v"
iu,nuhing tho ",vieo ,boll """"t
ond bo giyon ,ho 0,,1 CO"'" oi th,
o"ginol p""'g'" ond no oddi,ionol
p",cng" moy bo "kon nnlo" tho
con..nt oi tho originol p"..ng" i,
giYOn.
SECTION 2. Tbo< a,dinoneo No. H.
71 p"..d ond odop"d ,ho 3,d doy oi
Docombo" 1971, bc ond tho ..... i,
h",by ""..ltd.
Po"od, opp,ovod ond odop«d thi, 22nd
doy oi Ap,il, 1974.
Allon T. Thorn.
Moyo,
C. Rob", Junmonn
Alvin E. Lundh
Emil S"cki.
10m" F. B..dy
Councilmon
Att.."
Lon F. F,ommdt
City CJ"k
Pobli.hod ofiiciolly in tho Tdog..ph
H...ld Now.pop" dÚt 26th day oi Ap,il,
1974.
Lon F. FtOmmdt
City CJ"k
It. 4-26.
Mayor Thoms moved final adop-
tion of the Ordinance AS AMEND-
ED. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-NoDe.
April 18, 1974
Honorable Mayor and
City Council
I submit the City Auditor's Fi-
nance Report for 1978.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
municationbe received and filed.
Seconded by Councilman Stackls.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 18, 1974
To the Honorable Mayor
and City Council
I return to you the petition of
Dean Franzen and others request-
ing stop lights at Hempstead ffigh
Sehool.
As a report on this request, I
submit a copy of Chief O'Brien's
letter to Mr. Franzen. The March
21st meeting with school represen.
tatives referred to in the Chiers
letter was both interesting and
productive. I did check with the
police department today and a po..
216
Special Session, April 22, 1974
lice officer 'has been stationed at
the location during school dismissal
since the March 21st day.
Gilbert D. Chavcnelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 18, 1974
Honorable ,Mayor and Members
of the City Council
I have approved the following
bonds and desire to have your ap-
proval of saroe, subject to approv.
al of the City Solicitor.
Sidewalk Construction Bonds
Edwards Concrete Contractors Inc.
Universal Surety Co. Dated
4-12-740
Clarence (Barney) Grutz, United
Fire & Casualty Company. Dated
, 5-1SO74.
Gilbert D. Chavenelle
City Manager
"Mayor Thoms moved the filing
approved subject to approval of
City Attorney. Seconded by Coun.
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 18, 19740
To the Honorable Mayor
and City Council
I am returning to yOU a letter
trom the State Department of
Public Instruction in which it was
suggested that the City offer a
"summer food service."
We contacted Mr. Vern Carpen.
ter and Mr. Cliff Gerstenberger of
the State Department about ,the
program. Richard Slattery investi-
gated the possibilities of starting
a food service at the playgrounds
and I must report that we are not
prepared to undertake .the food
program suggested by the State. I
am submitting to you a copy of
Mr. Slattery's letter in which he
reviews the situation.
Gilbert D. ChaveneUe
City Manager
Ma",r Thoms moved the commu-
nication be 'approved. Seconded by
Councilman stackis. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 10, 1974
Mr. Gilbert D. Chavenelle
City Manager
This is in response to your re-
ferral from the council regarding
the special food services program.
After reviewing the situation
with other agencies in the com-
munity that deal In food service
programs, the following conclu.
sions were reached:
1. The City of Dubuque Recrea-
tion Department does not have
adequate facilities to facilitate this
program.
2. Other agencies with adequate
facilities expressed little interest
in the program.
3. The community does not have
a large concentration of eligible
recipients located in one or more
specific areas.
I have also checked with other
communities in the state of Iowa
that previously had operated a
food service program in conjunc-
tion with their park and recrea.
tion program. Sioux City and Des
Moines, both of whom did operate
a program, no longer provide these
services. The reasons given were:
1. Recreation departments were
not set up to adequately handle
the program efficiently and effec-
tively.
2. Since park and recreation pro-
grams are voluntary-type situa-
.tions, the uncertainty of attend-
ance played a major factor in the
number of lunches for which the
departments were reimbursed.
3. The administration and docu-
mentation of eligible recipients
were beyond the capabilities of the
departments, without hiring addi.
tional administrative personnel.
Considering the above informa-
tion, it Is therefore my recom-
mendation that the City of Du-
buque Recreation Department not
initiate this program for the sum-
mer of 19740.
Richard J. Slattery
Director of Recreation
April 19, 1974
To the Honorable Mayor
and City Council
We have been advised by the
legal representative of ,David and
Audrey .Waller that our request
Special Session, April 22, 1974
217
for access to their property for
purposes of subsurface soil inves.
tigation on landfill development
has been denied.
The City has also been advised
by the owners of Site "C" that
rights of entry are refused and
legal measures should be utilized
to gain appropriate access.
We respectfully request that
the City Attorney be formally in.
structed to proceed with legal ave-
nues to obtain the necessary ac.
cess.
RespectfUlly,
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved the
communication be received and
filed: Seconded by Mayor Thoms.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Mr. Jim Gantz addressed the
Council by stating that the Gantz
farm ts not available for land fill
purposes.
RESOLUTION NO. 135.74
Resolution Directing the City
Attorney to Institute Eminent
Domain Proceedings for enter-
ing upon certain reai estate for
purpo.. of making subsurface
$Oil investigation..
NOW THEREFORE BE IT HE-
SOLVED by the City Council of
the City of Dubuque.
Section 1. That the City Attor-
ney of the City of Dubuque, Iowa
be and he is hereby directed and
ordered to institute eminent do-
main proceedings for the purpose
of entry and egress and for the
purpose of making subsurface soil
investigation for sanitary landfill
in, over and upon the following
properties to wit:
Premises known as tbe Gantz
Enterprise Farm and described as
follows: E %, SE IiI, Section 1,
T88N, RIE, 5 P.M. in Vernon
Township NE 'I., NW v., Section
6, T88N, RIE, 5 P.M., Lot 1 SE
'I., NW'I., Section 6, T88N, RlE,
5 P.M., NWv., NWv., Section 6,
T88N, RIE, 5 P.M. and SW 'I.,
NW 'I., Section 6. T88N, RIE, 5
P.M. in Table Mound Township
all in Dubuque County.
Premises known as the David
and Audrey Waller Farm and de-
scribed as follows: NW v., SE v.,
Section 6 except Hwy. 20 R.O.W.,
NE v., SE 'I., Section 6, SE 'I.,
SE v., Section 6, Lot 1, SW 'I.,
SE 'I., Section 6, Lot 2 of 1 of 1,
SE 'I., SW 'I., Section 6, Lot 1
NW 'I., SW v., Section 5, Lot 1
of 2 of 2, SW 'I., SW 'I., Section
5,Lot20flofloflofl,NW
v., NE v., Section 7, Lot 2 of 1
of 1 of 2, NE v., NE 'I., Section
7, all in T88N, R2E, 5 P.M. all in
Tablemound Township Dubuque
County.
Section 2. That the City Attor-
ney be and he is hereby ordered
and directed to do any and all
things necessary and incidental to
said eminent domain proceedings.
Passed, adopted and approved'
this 22nd day of April, 19740.
Allan T. Thoms
Mayor
James E: Brady
C. Robert Justmann
Alvin E; Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City, Clerk
Mayor Thoms moved adopti()n
of the resolution subject to amend-
ment to include legal description.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on the petition
of George Kennedy & Sons Con-
struction to reclassify property
described as Lot 1 of Lot 1 of
Lot 1 of Lot 1 of "Olds Place"
and Lot 1 of Lot 1 of Lot 1 of Lot
1 of Lot 1 of Mineral Lot M8, in
the City of Dubuque, Iowa, from
Single Family Residence District
to Multiple Residence-Planned
Unit Development District Classi.
fication.
It had been determined by the
staff that the proposed Planned
Unit Development had many char-
actertstics that could make it a
suitable use at its proposed loca-
tion, even though the adjacent
neighborhood had been developed
i for a different type of housing.
218
Special Session, April 22, 1974
The public hearing was held so
that the implications of alternate
development schemes might be ex.
plored.
Notification was sent by certi-
fied mail to 32 owners of adjoin.
ing properties. Petitions opposing
the request were received bear-
ing 103 signatures, which are
herewith attached.
After an extensive public hear.
ing and discussion, the Commis-
sion found that the neighborhood
opposition to the proposal could I
not be reconciled, and voted un-
animously -to disapprove the peti-
tion. The Plauning and Zoning
Commission recommends that you
concur in this action.
Respectfully submitted,
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
Councilman Stackis moved the
recommendation be approved. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Abstain-Councilman Lundh.
Communication of Attorney Al-
fred E. Hughes requesting to be
heard on the George Kennedy re-
zoning matter, presented and read.
Councilman Brady moved the com-
munication be received and filed.
Seconded by Mayor Thoms. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays-None.
Abstain-Councilman Lundh.
Attorney Hughes, representing
George Kennedy, addressed the
Council requesting the Council to
view premises.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the request of Mr. Jerry
L. Donovan to reclassify property
descrihed as Lot 72 and Lot 73 of
Finley Addition in the City of Du-
buque, Iowa, from Single Family
Residence District to Multiple
Residence District classification.
As shown on the attached dia-
gram, this property consists of
two unimproved lots abutting a
platted alley shown as the exten-
sion of Fairway Drive. The parcels
are isolated within a developed
single family residential area and
have no access to a public street.
The Planning and Zoning Com.
mission has determined that there
is no merit in this request and
unanimously voted that the peti-
tion be denied. The Planning and
Zoning Commission hereby reo
quests your concurrence in this
action.
Respectfully submitted,
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
Mayor Thoms moved the recGlU-
mendation be approved. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Planning &
Zoning Commission submitting
minutes of their meetings of
Maroh 20th and April 5th, present-
ed and read. Mayor Thoms moved
the communication be received
and filed. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 12, 1974
Honorable Mayor and
Councilmen
At your meeting of February 18,
19740, the Dubuque Industrial Bu.
reau submitted a letter urging
your consideration of an expanded
Mayor's Industrial Committee -to
study the feasibility of a second
municipal industrial park. The
communication was referred to
this office for review in relation
to our annexation study objec-
tives.
We share the concern of the
Industrial Bureau for the current
lack of suitable industrial develop-
ment sites, and believe that a fail-
ure to provide such sites within
the urban area may be detrimen-
tal to the long.term stability of
the community. Our annexation
study would attempt to address
this issue, and would profit from
219
Special Session, April 22, 1974
the broader counsel of an advis-
ory group as proposed by the In.
dustrial Bureau.
We also share a concern that
has been voiced by the City Coun.
cil for possible redevelopment ef.
forts in the "Fourth Street Penin-
sula" area. Although we do not
foresee that this area alone could
support a substantial share of
metropolitan area industrial or
commercial growth, we believe
that the need and opportunities
for improvement are sufficient to
warrant our tmmediate attention.
The advisory group proposed by
the Industrial Bureau might also
be an appropriate body to direct
the more detailed planning effort
which we hope could be under-
taken shortly.
Because efforts toward an in-
terim -transportation plan are pro.
ceeding, and because improvement
plans for the "Fourth Street Pe-
ninsula" must ,he closely integrat-
ed with traffic and access consid-
erations, we have inqnired into
possible consultant support for
such a planning project. We hope
that the Council would agree
that to assign responsibility for its
organization and direction to an
expanded Mayor's Industrial Com-
mittee.
In sununary, we respectfully
suggest that the Mayor's Indus-
trial Committee be invited to ex-
pand its membership as a "task
force" for the dual purposes of
assessing the needs for additional
industrial development sites and
for the more detailed investiga-
tion of site redevelopment in the
"Fourth Street Peninsula" area,
and to report such matters as the
Council shall direct.
Respectfully submitted,
Daniel Dittemore
Development Planner
Councilman Justmann moved to
request the Dock Board to meet
with Mayor's Industrial Committee
and other Committee Members as
early as possible to discuss 4th &
6th Street Extension area with
specific recommendations. Second
ed by Mayor Thoms. Carried by
the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on a proposed
Amendment to Ordinance No. 3.M
repealing paragraphs (B) and (D)
of Section 1 of Article n thereof
and enacting new paragraphs (B)
and (D) to limit the extension of
educational, religious or philan-
thropic uses, and clubs, lodges,
and community center buildings.
The Commission is aware of action
taken at your meeting of April 15,
1974 to recall this Ordinance for
further consideration. In response
to your instruction, the Commis-
sion has voted to return the pro-
posed Ordinance with no recom.
mendation. The Commission has
also instructed its staff to proceed
immediately toward a more com-
prehensive review of Zoning Ordi-
nance provisions relating to edu-
cational, religious and philanthrop-
ic uses and clubs, lodges and com-
munity eenter buildings, and
hopes to recommend a substitute
amendment to Ordinance No. 3.M.
City Planning and Zoning
Commission
Daniel Dittemore
Development Planoer
Mayor Thoms moved the com-
munication be received and filed,
Seconded by Councilman Brady.
Carried by -the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
RESOLUTION 4-17.74
WHEREAS, the City of Dubuque
Board of Dock Commissioners has
considered the magnitude of the
U.S. Army Corps of Engineer's
problem in preparing environmen-
tal impact statements pursuant to
the U.S. Corps of Engineers main-
tenance program for the Missis-
sippi River's channel dredging and
spoil disposal from Guttenberg,
Iowa, to Salverton, Missouri, and
WHEREAS, the City of Dubuque
Board of Dock Commissioners has
been charged by the Code of Iowa,
Chapter 3M, Section 3, to make
provisions for the needs of com-
merce and shipping, and for the
use of riverfront property by oth-
ers for industrial and manufactur-
220
Special Session, April 22, 1974
ing purposes to the extent deemed
advisable, and
WHEREAS, the City of Dubuque
Board of Dock Commissioners,
deems it to be most prudent and
advisable -that it he recorded that
-the Dock Commission encourages
the maintenance of the nine foot
channel that is at the present be-
ing maintained by the Corps of
Engineers and that the Corps be
encouraged to make every effort
to consider the economic impact
and commercial restrictions that
could occur and affect the thriving
industrial riverfront of the Mu-
nicipality of Dubuque were the
Corps' dredging and maintenance
of the Mississippi channel stopped;
NOW THEREFORE BE IT RE-
SOLVED by -the City of Dubuque
Board of Dock Commissioners that
the City of Dubuque Board of Dock
Commissioners recoguizes the nec-
essity of the maintenance of the
nine foot channel and directs the
support of the City of Dubuque
Board of Dock Commissioners to
the Corps of Engineers in this
project unless the environmental
tmpact studies now being under-
taken prove such a nine foot chan-
nel to be siguificantly detrimen-
tal to the environment, and fur-
ther,
That a copy of this resolution be
transmitted to -the Rock Island
District Corps of Engineers to be
read during the public hearing to
be held in Hempstead Auditorium,
April 22, 19740, at 6:30 p.m.
Passed, adopted and approved
this 17th day of April, 1974.
William A. McElihiney
Chairman
William Woodward
Secretary
Wayne A. Moldenhauer
Attest:
William Woodward
Secretary
Mayor Thoms moved that the
resolution be received and made a
matter of record. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
RESOLUTION NO. 134-74
A Resoiution In response to
Drðlt Environmental Impact
-- for the Oparotion
end Meintenance of the Upper
Mississippi Riyer Nine Foot
Navigation Cha-nnel by the U-S.
Army Corps of Engineers, Rock
island District.
WHEREAS, Draft Impact State-
ments have been received and re-
viewed and hearings on these
statements are being conducted
by the U.S. Army Corps of Engi-
neers; and
WHEREAS, a great quantity of
goods and material is shipped on
the Mississippi River and flows in
and out of the port facilities in
the City of Dubuque, to the ser-
vice of' this community and an
area two-hundred miles about;
and
WHEREAS, there are inbound
shipments of molasses, fertilizer,
. salt, steel, coal, petroleum prod-
ucts, twine and outbound ship-
ments of grain, lard, grease and
tallow in quantities suggested by
the figures:
200,000 tons of salt
15,000,000 bushels of grain
800,000 bales of twine
34,000 tons of lard and tallow
125,000 tons of fertilizer
all annually transported on the
Mississippi River and are a part
of the economy and commerce of
this community; and
WHEREAS, the curtailment of
natural gas supply is also an indi-
cator of the importance of river
transpOrtation to the people of
this community, wherein some
20,700,000 gallons of fuel oil per
year is handled at the marine ter-
minals, and where 200,000 tons
of coal is annually river shipped
to Dubuque and converted to elec-
tric energy; and
WHEREAS, the Environmental
Statements of River Pools Eleven
and Twelve present a siguificant
measure of the effects of channel
dredging and it is shown that:-
1. the necessity for dredging is
intermittent and over the years
has diminished to a relatively low
stable volume;
2. recurrent dredging is neces-
sary at only one location in Pool
Eleven at whieh place dredge spoil
can be disposed of in a practical
and harmless manner;
3. as example, in the vicinity of
Dubuque, at river mile 578-580
dredge spoil has heen used to use-
ful purpose with small environ-
Special Session, April 22, 1974
221
mental harm, and at river mile
581-582 for recreational purpose;
4. the statistic record of fish,
wildlife and birds does not indi-
cate a diminution of numher he-
cause of channel dredging;
5. the water quality of the river
is affected only in small degree;
6. the botanical environment of
the area has heen sustained, in
spite of possible temporary harm
at disposal sites;
NOW THEREFORE, BE IT RE-
SOLVED by tbe City Council of
Dubuque, Iowa, haviug assayed the
balance of impact and benefit to
this community, that it recognizes
the necessity for river dredging
and does support the operation
and maintenance of the Nine Foot
Navigation Channel of the Upper
Mississippi River; and, further,
that a copy of this resolution be
presented to the District Engineer,
Rock Island District, U.s. Army
Corps of Engineers.
Passed, adopted and approved
this 22nd day of April, 19740.
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
fallowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of CNA Insur-
ance relative to a subrogation
claim of $291.76 as the result of
an accident with their client Cedar
Rentals Inc., presented and read.
Mayor Thoms moved the communi,
cation be referred to the City At-
,torney. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice of hear-
ing to amend the Zoning Ordi-
nance relative to LDt area per
family requirements in the Urban
Renewal ..ea, presented and read.
Mayor Thoms moved the proof
of publication be received and
filed. .lleconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on an Amend-
ment to Ordinance No. 3-34 to re-
peal paragraph (E) of Section 3 of
Article VI and enact a new para-
graph (E) of Section 3 of Article
VI to remove the minimum lot
area for multiple dwelling struc-
tures within portions of the Busi-
ness District contained within the
Dubuque Downtown Renewal Proj-
ect Area, in the City of Dubuque,
Iowa.
There was no written Dbjection
to the proposed amendment, nor
was anyone present to speak in
opposition to it.
The Commission has found the
amendment is appropriate for im-
plementing the revised Urban Re-
newal Project Plan and has un-
animously recommended that it
be approved.
Respectfully submitted,
City Planning and
Zoning Commission
Daniel Dittemore
Development Planner
Mayor Thoms moved the COm-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
ORDiNANCE NO. 30-74
An Ordinance Amending and
Changing Ordinance No. 3.34,
known as "The Zoning Ordi.
nonce and Zoning Map of the
City of Dubuque, Iowa" to re-
moye the minimum lot area per
family requirement for Multiple
Dwelling Structures within por-
tions of the business district con.
tained within the Dubuque
Downtown Renewal Project,
Iowa R.15, said Ordinance hay.
222
Special Session, April ~, 1974
inti been preyiously presented
and ....d at the Council meeting
of March 18, 1974, presented for
Finel Adoption.
ORDINANCE NO. 30.74
AD. O,din,nco Amendins ,nd Cb,ng-
ing O,din,nco No. 3-34, known"
"The Zoning O,din.." ,nd Zonins
M,p of ,b. City of Dub""u., low,"
to "mo" ,b. minimum 10' "" p"
bmily "qui"m.n, fo' Mul<ipl.
Dw.lling Suue.."" wi,bin po"io",
of ,b. Bu.in... Di.uic< eon"in.d
wi,bin ,b. Dubuqu. Down<own R.-
now,1 Pto;.." low, R-lS.
NOW THEREFORE BE IT OR-
DAINED by ,h. Ci,y Council of ,b.
Ci'y of Dubuqu.. low"
SECTION I. Tb" O,din,nco No. J-
34. known" ",b. Zoning O,din..co
,nd Zoning M,p of <h. Ci,y of Du-
b""u., low," b. ,nd <h. ..m. i. b".by
,m.nd.d by "p"ling p",g"pb (E) of
s..,ion J of M,id. VI ,b".of ,nd by
,dop<ing , n.w p",g"pb eE) of S..<ion
J of A"id. VI in Ii'" ,bmof, " follow",
"M<id. VI.
S..<ion J.
(E) Lo' A... p" F,mily.
No dwolling ,b,ll he ,,"c<od 0'
pl".d on , 10' eon"ining I...
,b.. ,b. following minimnm 10'
"" P" bmily. I
On. bmily dw.lIing-'OOO 'qn,"
f..,; Two bmily dwolling-I250
'qu'" fco,; Ap",m.n, 0< "n.-
m.n' bo...-600 'qu'" fco' p"
f,,",ly, <xc'p' ,b" ne minimum
10' "" p" bmily ,b,ll b. m,d.
<0 ,pply wi<hin ,b" po,<ion of
,b. Bu,in." Di.uic< known"
,b. Down,own Dubuqu. U,b,n
R.n.w,1 Pm;'" A"" which ""
" bound.d on ,b. woo, by Locu"
Sm.', on ,b. """h by Nin,b
Sm.', on ,b. ,," by C.n",1
Avon"., ",d on ,h. ....b by
Fo..<h Sm". No,bins in ,h.
"" "go¡'<ioo, in ,hi. O,din,n"
,,¡',ing <0 10< "" P" bmily
,h,1l he bold <0 p,ohibi' ,h. ""-
<ion of , on.-bmily dwolling up- I
on , 10<, ,h. "" of which "
¡", <h.. <h" p",edh.d " ,b.
minimum 10< "" p" bmily pm-
vid.d ,ueh 10< w" h.ld und"
..p"'" ownmhip from ,h. ,d-
¡,con' Iou, ,od , ,oco,d.d pI"
of Iou 0< ..bdivi,ion of pmp"'y
,how. ,ueh 10' <0 b. "p"'" ,nd
d",inc<, " ,b. ,im. of <h. p"-
"g, of O,din..co No. J-34. Ad-
¡""", Iou hold by ,b. ..m. own-
" " <im. of P""g' of O,di-
n,nco No. J-34 ,h,1l b. ,,-
p¡'md '0 ptovid. <h. "qui"d
10< "" p" bmily hefo" ,ny
building i, ..oc"d 0' pl,cod
<h....n."
SECTION 2. Th" ,h. fo"goinS
AmoDdm",' h" h.mofn" he.n ,pp,o..d
by ,he Pl.noing ,nd Zoning Comm",ion
of ,h. Ci,y of Dnbuqu., Iew',
P"..d, ,pptov..! ,nd ,dop"d ,hi. 22nd
d,y of Ap,il, 1974.
Alho T. Thom.
M,yo<
Alvin E. Lundb
Emil S"clW
J,m" E. ßndy
Couneilm.n
A"""
Lon F. Ftommol,
Ci'y CI..k
Publ"h.d nffiei,lly in <h. Tel.gnph
Hmld N.w.p'P" ,hi, 26,h doy of Apdl,
1974.
L.o F. Fmmm.l,
Ci'y CI"k
1'. 4-26.
Mayor Thoms moved final adop-
tion of the ordinance. Seconded by
Councilman Stackis. Carried ,by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays--Councilman Justmann.
ORDINANCE NO. 31.74
An Ordinance Authorizing Eel>-
menical Housing, Inc" to Con-
struct Footings, presented and
read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Stackis- Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None-
ORDINANCE NO. 31.74
An O,din,nco ,u,hndzins Eeum"'-
i,,1 Howing, Inc. <0 Conmuot Foo'-
iDg,.
NOW THEREFORE BE IT OR-
DAINED hy ,h. Ci'y Council of ,h.
Ci'y of Dubuqu., low"
SECTION 1. Th" Eeum.ni,,1 How-
ing Inc. " ownm of ,h. p"mi", koown
.. Lo, A ,nd Lo' 2 of Block 16 in Du-
buqu. Down,own PI", in ,h. Ci'y of
Duhuqu., Inw" he, ,nd <1"y '" h",by
gnn"d ,h. "voc,bl. p."ui, ,nd ,u-
,ho,i,y '0 eon"'u" ,nd m,in"in Foo'-
ing' und.. ,he mm. ,nd eondi,io", '"
fo"h in ,hi, O,di..nc"
Special Session, April 22, 1974
223
SECTION 2, Th.. ,ueh eo"".."ion
.h,1I b. don. in ",",d,n" wi,h pion,
h",'ofo" ,ubmimd by pm"i"", ,nd
,pptovod by Ci'y Mon,s", und" ,h.
,up'"i,ion ,nd di'mion of ,h. Ci,y
M,n,g.., ,nd in ,eeo,d,n" wi,h ,II 'p-
plbbl. "". ,nd f.d",1 ¡,w, >od "gu-
¡'<ion" ..d ,h. O,din,ne," of ,h. Ci,y
of Dubuqu~
SECTION J. Th" ,h, p',mi"ion h",-
in Snn"d i, oxp,...Iy conditioned on
p',mi".., 'g,..m.n' to,
,) A..um. 'ny ,nd ,II liobili,y fo,
d,m,g" to pmon' 0' ptop"'y
which m,y ",ult feom tho ."",-
.nco. lo,,<ion, in",I¡'tioo, eo","ue-
<ion 0' m,in"nooco of ,rid Foo'-
ing.;
b) To p'y on b.h,1f of ,h. Ci,y of
Dubuqu. ,II ,om, which ,h. City
of Dub""u. ,h,1l bocom. oblig"..!
to p'y by ...,on of tho ü,bili,y im-
po,..! upon tho Ci'y of Dubuque
fo' d,m'g.. of 'ny kind "..J<ing
f'om ,h. loc"ion, i.."II"ion, ox-
imnco, consuuc<ion 0' m,in,...
n,nco of "id Foo,ing', ,w,xio.d by
"'y pmon 0' p'"on" .,u..d by
"<id",, 0' o,h.",i.., '" dol.nd "
iu own oxp.n.. ,nd on b,b,lf of
..id Ci,y ,ny d,im 'g,in" ,h.
City of Dubuq~ "i,in. on' of ,h.
loe"ion, in",II"ion, .ximnco, eon-
mu"ion n' m,in"n,nco of Foo'-
ins' ,nd <0 p'y ",..n,bl. moen.y
f.., th..oIo"
c) To ind.moify ,nd hold Ci'y of
Duhuqu. f.... ,nd h"mIe" feom
'ny ,nd ,II e¡'im" 10", li,hili,y
,nd oxp"'" fo, injud" ro thi,d
pmo", "' dom'g" ro p,opmy of
<hi,d P"'""'. 0' fo, d,m'g. '0
,ny penpetty of City of Duhuqu.
which m,y oeeu' " , ,,"ul, of 0'
in eonnoction wi,h ,h. l""ion, in-
",1I"ion, eo..tmeoon, ""inton,nco
,nd "pxi, of tho f"ility, wo,k 0'
impenv"""'t p..mi",d h"....
SECTION 4. Th" tho p"mi"ion h",-
in g..ntod i, oxp""¡y eondition.d upon
p'tmitto" futth.. 'g....m.n' ,h" ,hould
tho tigh, ,nd pdvil.g. heeoin g"ntod b.
",<ind.d Ot revok.d by tho City Council,
pe"ru"'", Ot th.i, 'uCO""'" in inm-
"t. .. own", of tho obuning p,opetty,
,holl within ton (10) d,y' ,fto, tOe..pt
of w,i"'n notico from the City M,n,g-
". '0 <0 do, " <h.., own oxpen.., "mo..
"id Foo<ing'. ,nd in the mn' of ,h.i,
fxiluto '0 <0 do, <h. Ci,y of Dubuqu.
,h,1I he ,u,hodzod 'n "move "id Foo'-
ing., " p"mi"", expe... ,nd di,po..
of tho "m., ond ,h. p"mi"", ,h,1I hm
no ehim ",in" tho City 0' i.. ,g.n.. fot
d=og" ",ulting hom ,h. "mo,,1 of
"id Footing'.
SECTION s. P"mi"", coyon,nt ,nd
og'" ,h" <h. ,",o"hl. p"mi' h",in
g..ntod do" not eo""itoto on oppen,,¡
of tho d"ign, ..,,<ion, ¡o"'ion, eon"ene-
<ion, "p,i, 0' m,inten,nco of "id b-
eility ,nd "id petmi",e h...hy cov""",,
,nd 'g"" not no ".." ,ueh e¡'im 0'
dol."" 's,i.., ,he Ci<y of Dubuq~ in
tho mnt of c¡'im ....'tod fo, pe...o,1
in;u,i" ,nd-o, penp"'y dom'g. 'g,in"
<h. p"mi",. "i,ing 00' of 0' in ,ny
w,y eonnoctod with tho lo"'ion, in",I-
¡"ion, con",u..ion, d"i,n, "pxi, ,nd
m,int""nco of ,h. bcili'y h....n pe'-
mi",d.
SECTION 6. Thi, O,dio,n" ,h,1I h...
com. off,,<ivo ,nd ,h. dgh" h".und..
oco,", to Eeum.ni,,1 Hou,ing, Inc. wh.n
thi, O,din..", h.. boon ,doptod by ,h.
City Gouneil and <he "'m' ,nd eondi.
tio.. <h....f ,,"ptod hy p"min.., by
""pt.." .ndo"..! on thi, O,din,nco.
P"..d, 'pp,ovod ,nd ,dopted thi, 22nd
d,y of April, 1974.
AI¡'n T. Thom,
M,yo<
C. Robett Ju..m'nn
Alvin E. Lundh
Emil S"eki,
J"n" E. B"dy
Couoeilm'"
At"",
L.. F. F'ommol,
City CI..k
ACCEPTANCE OF ORDINANCE
NO. JI-74
Th. uodmign.d h..ing ",d ,nd b..og
f'mili" wi,h <h. to'm, ,nd eooditions
of Otdin,nco No. 31-74 h,,'¡'y, fo, ,hom-
..Iv", <h.., 'uc",.." 0' ",ig.., .. own-
m of <h. ,but<ing p'opetty, ,co'!" tho
"m. ,nd 'g'eo to b. hound by ,h. con-
ditio.. ,nd "....m.nu <h",in con"ined
<0 he pedo"".d by p.""i"",.
D,tod April 9, 1974.
By, Thom" Rhombe'g
P",ident 0' Vico-P"ùdent
0' P,op'tty Ow~,
By, In'g"co Thom,
Se"".." 0' o<h.. Offi",
Publ"h.d offici,lIy in ,h. T.¡.g"ph
Hmld N.w,p,pe, <hi, 26<h day of Ap,iI,
1974.
Lon F. Fenmmdt
City Ci"k
It. 4.26.
Mayor Thorng moved final adop-
tion of the Ordinance. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas - Mayors Thoms, Council.
men Brady, Justmann, Lundh,
Stackig.
Nays-None.
AN ORDINANCE Authorizing
Ronald Amundson and Richard B.
Windsor to construct a canopy
over sidewalk at 253 Main Street,
(forward from last meeting), pre-
sented and read. Councilman
Stackis moved the Ordinance he
rejected. Seconded by Councilman
Brady. Carried by the following
vote:
224
Special Session, April 22, 1-974
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Staekis.
Nays-None.
April 18, 1974 '
Honorable Mayor and
City Council
I am returning to you the peti.
tion of Mr. Cliff Walsh for a
change of parking meter time,
along with ordinance changes for
the meters on Iowa and Central
between 13th and 14th Streets.
In support of these changes 1
enclose Chief O'Brien's letter of
April 11th. I recommend that the
ordinances be adopted.
Respectfully,
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 32-74
An Ordinance Amending Ordl.
nance No. 37-65 known as the
"Street Parking Meter Ordi-
nance of Dubuque, Iowa" by re.
pealing Subsection 6.2.5 of Sec-
tion 6.2 Parking Meter District
B and enacting a Naw Subsec.
tion 6.2.5 of Section 6.2 Parking
Meter District B in lieu thereof
to limit parking to 120 minutes
It any one time on Central Ave.
nue, both sides, between Ninth
and Twelfth Streets and both !
sides between Lor.. Bouleyard
and Eighteenth Street and the
east side between Eighteenth
5t""et and Nineteenth 5treet,
p....sentad and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried ,by the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundll¡ Staekis.
Nay&-Counci1man Brady.
Mayor Thoms moved that the
rule reqniring. an Ordinance to be
read on: three separate days be
waived. Seconded by Councilman
L.undh. Carried by the following
vote:
Yeas - Mayor Thoms, Council.
men Justmann, Lundh, Stackis.
. Nays-Councilman Brady.
ORDINANCE NO. 32.74
An O"lin"'co Amending O,din,nco
No. 37-65 known" ,he "Sm"
Pocking M",' O,din,nco of Du-
buque, low," by "pe"lin, Sub.",;on
6,2.5 of S",;ou 6.2 Pocking Me'"
DimiO' B ,nd cnwing , New Sub-
"O'ion 6.2,5 of S",;on 6.2 P"kins
Me'" DimiO' B in lieu ,hmof '0
limi, pocking '0 120 minu'" " 'ny
one ,;me on COnml Avenue, bo<h
,id", b"we'" Nin,h ",d Twdhh
Sme" ,nd bo,h ,id" b"w«n Lom
Boolmed ,nd Eigh,«n,h Sm" ,nd
,he em ,ide b"w"n Eigh'«n<h
Sm" ,nd Ni~'«n,h S,,«'.
NOW THEREFORE BE IT OR-
DAINED by ,he Ci'y Cou"il of ,he
Ci,y of Dubuque, low",
SECTION 1. Th" Ordin",co No. 37.
65 known" <he "Sm" Pocking Me'"
Ordin",ce of Dubuqu" low," be ",d ,he
,.me " hereby ,mended by "p"lins ,ub-
"O'ion 6.2,5 of See,ion 6.2 P"king M"er
DimiO' B ",d en",;n., ' new ,ub"c,;on
6.2.5 <0 See,ion 6.2 P"kins Me,er Di,-
'nO' B in lieu rhe"of " follow",
"6.2 P"king Me'" D""iO' B.
6.2.5 COnml Avenue, bo,h ,ideo be-
,ween Nin<h ,nd Twdhh 5"«,,
and bo,h ,ideo b"w«n !.om Bou!e-
",d ood Eigh,een,h S,,«' ood ,he
".. ,ide berw«n Eigh"en,h .,nd
Nin",en<h S",e"."
P""d, 'ppwved ood ,dop"d <h" 22nd
d,y of Ap,iI, 1974,
Albn T. Thom,
M,yo'
C. Rober' ¡o..moon
Alvin E. Lundh
Emil S",IW
Councilmen
A"""
Leo F. Frommel,
Ci'y Clerk
Pubmhed oflici,lIy in ,he Tdegnph
timid New'p'per ,h" ",h d,y 01 Ap'¡l
1974.
Leo F. Fwmmel,
Ci'y Ct"k
1<. 4-26.
Mayor Thoms moved adoption
of the Ordinance. Seconded by
Councilmen Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council.
men Justmann, Lundh, Stackis.
Nays-Councilmau Brady.
ORDINANCE NO. 33.74
An Ordinance Amending Ordi.
nance No. 37-65 known as the
Street Parking Meter Ordinance
of Dubuque, Iowa" by repealing
Subsection 6.2.4 to Section 6.2
Parking Meter District B and e"..
acting a New Subsection 6.2.4 to
Scheduie 6.2 Parking Meter Dis-
trict B in lieu thereof to limit
parking to 120 minutes at any
one. time on Iowa Street, both
Special Session, April 22, 1974
sides, between Third and Fourth
Streets and both sides between
Tenth and Eleyenth Streets and
both sides between Tweifth and
Thirteenth Streets and the west
side between Thirteenth Street
and Lor.. Bouleyard, presented
and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordioance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Justmann, Lundh, Stackis.
Nays-Councilman Brady.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by tbe followiog
vote:
Yeas - Mayor Thoms, Council-
meR Justmann, Lundb, Stackis.
Nay~uncilman Brady.
ORDiNANCE NO. 33.74
An O,din,nce Amending O,din,nco
No. 37-65 known" ,he "s"",
P"king Me"r O,dio,oco of Du-
buque, low," by "p"ling Sub"c-
,ion 6.2.4 '° S",ion 6.2 Pocking Me-
'" Di..nO' B ,nd enminS ' new
Sub"O'ion 6.2.4 '0 Schedule 6.2
Pocking Mer" DimiO' B in lieu
,hmof '0 limi, pocking w 120 min-
u'eo " ,ny one ,ime on low, Sm",
OO,h "deo, berween Thied ,nd Fou«h
Sme" ,nd bo,h ,id" berween Ten,h
,nd Eleven,h St"'" 'nd both ,ideo
berween Twelf<h ond Thi«een,h
S,"'" ,nd ,he we" ,ide berween
Thi«een,h S"ee, ,nd Lom Boule-
",d.
NOW THEREFORE BE IT OR.
DAINED by ,he Ci'y Council of ,he Ci'y
of Dubuque, low", I
SECTION I. Tb" O,dinon" No. 37-
" known" ,he "S"", P"king Me",
Ordin,n" of Dubuque, low," be ",d
,be "me i, bmby 'mended by rep"ling
,uboe"ion 6.2,4 01 S",ion 6.2 Pocking
Mer" Di",i" B 'nd en",ing , new 'ub-
.",'ion 6.2.4 w See<iou 6.2 P"king Merer
Dimi" B in lieu ,hereof " follow",
"6.2 P"king Mm' Dimi" B.
6.2.4 low, S,,«r, OO,b ,ide, b"w"n
Thi,d ,nd Fo~,h S"ee" 'nd both
,ideo berween Tearh 'nd Eleven,b
S"ee" ,nd bo,h ,ideo be'ween
Twellth ,nd Thi«eemh 5"«,, ,nd
<he weot "'de between Thi«een,h
S"'er and Lo", Boolmrd."
P""d, ,pp<Dved 'nd ,dop<cd ,hi, 22nd
d,y 01 Ap,il, 1974.
Albn T. Thom'
M,,-n<
C. Rob", ¡,",m,nn
Alvin E. Lnndh
Emil S"ck~
Councilmen
I A'~:, F. Fmmmelr
Ci,y CI"k
Publ"hed offici,Uy in ,he Telegnph
Hmld New,p'pe' ,hi, ",h d,y of
Ap,il, 1974.
Leo F. Fmmmeh
Ci,y CI"k
1<. 4-26.
Mayor Thoms moved adoption
of the Ordinance. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council,
men Justmano, Lundh, Stackis.
Nays-Councilman Brady.
ORDINANCE NO. 34-74
An Ordinance Amending Ordi.
nonce No. 37-65 known as the
"Street Parking Meter Ordi.
nance of Dubuque, Iowa" by re-
pealing Subsection 6.3.4 of Sec.
tion 6.3 Parking Meter District
C and enacting a New Subsec-
tion 6.3.4 of Section 6.3 Parking
Meter District C In lieu thereof
to limit parking to ten hours on
both sides of Iowa Street from
Second Stræt 10 Third Street,
presentad and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance. Sec-
onded by Councilman Lundh. Car.
ried by the following vote:
Yeas - Mayor Thoms, Council.
men Jnstmann, Lundh, Stackis.
Nays-Councilman Brady.
Mayor Thoms moved that the
rule requiring an Ordinance to
he read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Justmano, Lundh, Stackis.
Nay~uncilman Brady.
ORDINANCE NO. 34-74
An Oedi.,n" Amending O,dinon"
No. 37-65 known" ,he "S""t
P"king Me", O,din,n" of Du-
buque, low," by "p..ling Sub,ee-
<ion 6.'-4 of Sec<ion 6.J P"king
M"er DimJo< C ,'nd en..,ing , new
Sub"..ion 6.3.4 of Se"iou 6,3 P"k-
ing M"" Dimi« C in lien ,he,eof
'0 hroi, pocking '0 <cn hoUt, ou bo,h
,ide> of low, S'"er Irom Second
S"", '0 Third S"",.
NOW THEREFORE BE IT OR-
DAINED by ,he Ci,y Council of ,he
City of Dubuqne, low",
SECTION I. Th" O"ünance No. 37-
65 known" <he "5m" P"king M""
Oedinon" of Dubuqoe, low," be ,nd ,he
"me i, hmby 'mended by "pe,ling ,ob-
""ion 6.3.4 of See<ion 6.3 P"king
Mer" Dimic, C ,ad en",ing , new 'ub-
225
226
Special Session, April 22, 1974
"ccion 6.3.4 of S<cdon 6.3 P"king Me-
", Dimi" C in lien ,hmof " follow",
"6.3 P"kins Me'" Dimi" C.
6,3.4 low, Sum, bo<h ,ide> b"wcen
5<cond >od Thi,d Suce"'"
P,",ed, ,ppmved >od ,dop",1 ,hi, 22no
d,y of Apdl, 1974.
All>o T. Thom'
M,yo,
C. Robut Jo"m>on
Alvin E. Lnndh
Emil Sucki,
Councilmen
Am'"
Loo F. F<ammel<
Ci,y cl"k
Publi,hed offici,lly in ,he Teleg"ph
Hmld New,p",,' ,hi, 26,h d,y of
Apdl, 1974,
Loo F. F,omm,1<
Ci,y CI"k
1<. 4-26.
Mayor Thoms moved adoption
of the Ordinance. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundb, Stackis.
Nays-Councilman Brady.
ORDINANCE NO. 35.74
An Ordinance Amending Ordl.
nonce No. 37-65 kn-n as the
"Street Parking Meter Ordi-
nance of Dubuque, Iowa" by re-
pealing Subsection 6.1.4 of Sec-
tion 6.1 Parking Meter District ,
A and repealing Subsection 6.1.5 '
of Section 6.1 Parking Meter Dis-
trict A thereof and enacting a
new Subsection 6.1.4 to Section
6.1 Parking Meter District A
and enacting a New Subsection
of 6.1.5 to Section 6.1 Parking
Meter District A in lieu thereof
to limit the parking of motor
vehicies on streets hereafter
designated, presented and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis-
Nays-Councilman Brady.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays-Councilman Brady.
ORDINANCE NO. 35.74
An O,din,nce Am,oding O,din,n"
No, 37-6' know" " th, "5"",
Puking M"" O,din,"" of Du-
buqoe, low," by "p"Iing Sub""i=
6.1.4 of S",ion 6.1 Puking M""
Dimi" A ,nd "p"Iins Sub"ction
6.1.5 of S<ction 6.1 Pukins M""
Dimi" A th"oof ,nd ,n"dng ,
new Sob,<ction 6.1.4 '0 S<cdon 6.1
Puking M"" Dimi" A ,nd ,n"t-
iog , now Sub""ion 6.1.' '0 S<c-
don 6.1 Puking M,'" Dimict A in
lieu ,hmof w limit th, p"king of
moW v,hicle> on >ace," hmin,ft"
d"ign",d,
NOW THEHEFORE BE IT OR-
DAINED by th, City Council of ,he
Ci'y of Dubuque, low",
SECTION 1. Th" O,din,n" No. 37-
6' known" th, "5"", Puking M""
O,din,n" of Dubuqu" low," b, ,nd ,h,
"m' i, h",by ,mend,d by "",ding ,ub-
,<c,ion 6.1.4 ,nd mb""ion 6,1.5 both
io S<c,ion 6.1 P"king M"" Dimi" A
,nd ""ting , n'w mb""ion 6.1.4 ,nd
, n'w ,ub"ction 6.1.5 '0 S",ion 6.1
P"kins M"" Dimi" A " follow",
"6.1 P"king M"" Di,uicc A.
6.1.4 low, Sm", bo,h ,id" bc<w,"
Elmnth ,nd Twelfth Sm'" ,nd m,
"" ,ide hom Thim'nth Suce' to
10", Bonl""d.
6.1.5 Cent"l Avonue, both ,id" be-
'ween FoutCh ,nd Ninth Suee" ,nd
bo,h ,id" b"ween Tw,!fth 5m"
,nd Lo'" Boul,vonl."
p""d, 'pp,oved ,nd ,dop"'¡ till' 22nd
d,y of Ap,il, 1974.
AI),n T. Thorn<
M,yo,
C. Rob", Ju"m'nn
Alvin E. Lundh
Emil S"cki,
Councilm,n
Au""
Loo F. F<amm,1<
Ci'y Cl"k
Publi,hcd offici,lly in ,he Tel'g"ph
Hmld N,w'p'p" ,hi, 26,h d,y of
Apeil. 1974,
L,o F. l'wmmel<
Ci,y CI"k
1<. 4-26.
Mayor Thoms moved adoption of
-the Ordinance Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays-Councilman Brady.
April 18, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on a petition to
reclassify Lot 2 of "Westside Man-
or Place" from Single Family Res-
idence District to Local Business
"A" District classification, and to
include Lot 13 of Block 40 in "West-
side Manor Subdivision" in Arti-
Special Session, April 22, 1974
227
cle IV, Section 2(h) of Ordinance
No. 3-34, changing the classifica-
tion of said lot from Single Family
Residence District to Multiple
Residence-Professional Office Use
classification. The above described
property is loca~ed in the City of
Dubuque, Iowa.
The Commission received two
written communications opposing
the request, and heard five resi-
dents of -the adjoining residential
area speak in opposition to it.
The reclassification of this prop.
erty has been considered by the
Commission on several occasions.
The Commission has acknowledged
that the Single Family Residence
classification on property known
as Lot 2 of "Westside Manor
Place" may no longer be appropri-
ate, and has reconsidered this sit-
uation again in relation to the
findings of the John F. Kenoedy
Road Corridor Study and with an
awareness of potential impact up-
on -the adjoining residential area.
The Commission has found that
the request for Local Business
"A" classification on Lot 2 of
"Westside Manor Place" is not
appropriate, and has reached the
unanimous opinion that Multiple
Residence-Professional Office Use
classification is a more acceptable
alternative to the present Single
Family Residence District classifi-
cation of this property. The City
of Dubuque Planning and Zoning
Commission has, therefore, re-
quested that you disapprove the
present petition and that you take
appropriate action to adopt the at-
tached reclassification Ordinance
to establish Multiple Residence-
Professional Office Use classifica-
tion on Lot 2 of "Westside Manor
Place at this time.
City Planning and Zoning
Commission
Daniel Dittemore
Development Planner
Mayor Thoms moved the com-
munication be referred to the City
Planner and City Solicitor for con-
sideration of Parcel A for profes-
sional use of Lot 13 Block 4 and
report back to Council. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Justmano, Lundh, Stackis.
Nays-Counci!man Brady.
COUNCIL RECESSED AT 10:25
P.M., RECONVENED AT 10:30
P.M.
Petition of Roger F. Klauer et
al requesting rezoning of Lots 1
to 7 Block 2, Lot 13 of Block 3 of
C. J. Bies Sub. from Single Fam-
ily to Local Business B classifica-
tion, presented and read. Mayor
Thoms moved the petition be re-
ferred to the Planning & Zoning
Commission. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Petition of Peoples Natural Gas
requesting permission to excavate
at 18th and Central Ave. for re-
moval of existing gas main to al-
low Phone Company to install new
cable, presented and read. Council-
man Justmann moved the petition
be granted. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas - Mayor Tboms, Council-
men Brady, Justmann, Lundb,
Stackis.
Nays-None.
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing of disposal of interest
in Lot 2 of the Sub. of Lot 1 of 2
of 2 of 1 of Block 5 in Riverfront
Sub. No.3 to Iowa Coaches rue..
presented and read. Mayor Thoms
moved the proof of publication be
received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
No written objections were filed
and no oral objectors were pres-
ent in the Council Chamber at the
time of the public hearing.
RESOLUTION NO. 136.74
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing published in
the Telegraph-Herald, a newspaper
of general circulation published in
the City of Dubuque, Iowa, on
March 22, 1974 and March 29,
1974, City Council of the City of
Dubuque, Iowa, met on the 22nd
day of April, 1974, at 7:30 o'clock
P.M. (Central Dayligbt Savings
Time) in the City Council Cham-
228
Special Session, April 22, 1974
'bers, City Hall, Dubuque, Iowa to I
consider proposal to dispose of in.
terest of the City of Dubuque,
Iowa, in real estate, hereafter de-
scribed, to Iowa Coaches Incorpo-
rated; and
WHEREAS, City Council of the
City of Dubuque, Iowa, overruled
any and all objections, oral or
written, to the proposal to dis-
pose of interest of City of Du-
buque, Iowa, in the hereinaIter de-
scribed real estate to Iowa Coaches
lucorporated:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That the disposal of
interest of City of Dubuque, Iowa,
in the following described real es-
tate, to-wit:
Lot 2 of the Subdivision of Lot
1 of Lot 2 of Lot 2 of Lot 1 of
Block 5 of "River Front Subdivi-
sion No.3" in the City of Du-
buque, Iowa, containing 1.4 acres
more or less, to Iowa Coaches
Incorporated for the purchase
price of Forty ($.40) Cents per
square foot be and the same is
hereby approved, subject to the
following terms and conditions:
1. That the said reai estate be
sold to Iowa Coaches lucorporated
for ,the construction and erection
thereon of a new building to pro-
vide storage for buses, mainte-
nance shops and office space.
2. That the sale price for said
real estate shall be Forty ($.40)
Cents per square foot. Said pur-
chase price shall include installa-
tion of water, sanitary and storm
sewer lines and street improve-
ments. Said improvements shall be
installed and completed on or be-
for 1402 days from date hereof.
3. That construction of said
building shall be commenced with-
in eighteen (18) months of adop-
tion and the passage of this Reso-
lution and shall be completed
within thirty (30) months of de-
livery of deed and upon failure so
to do or failure to make improve-
ments to the land within eighteen
(18) months by Iowa Coaches lu-
corporated, purchaser, then said
real estate shall auwmatically re-
vert to the City of Dubuque, Iowa
and purchase price, less damages,
shall be refunded to the pur-
chaser.
4. That the construction of. all
buildings, y.ards, parking lots
fences and ancillary improvemenU;
shall be constructed iu conform-
ance with existing City Codes, and
manufacturing process carried out
in accord with City Ordinances.
5. That the City of Dubuque,
Iowa, retains a perpetual ease.
ment for existing waterlines, exist-
ing sanitary sewer and storm sew.
er lines and for utilities, together
with right of ingress and egress to
repair, inspect and maintain the
saroe.
6. That all utilities and services
to proposed bnildings shall be con-
nected at buyer's expense.
7. That conveyance sball be by
Qnit Claim Deed and the City of
Dubuque, Iowa will furnish ab-
stract of title.
Section 2. That the City Clerk
be and he is hereby authorized
and directed to deliver deed of
conveyance conveying the above
descrihed real estate to Iowa
Coaches Incorporated upon receipt
of the purchase price.
Section 3. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of-
fice of the Dubuque County Re-
corder.
Passed, approved and adopted
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
RESOLUTION NO. 137.74
WHEREAS, the Mayor's ludus-
trial Committee, composed of Al-
lan Thoms, Mayor, William McEll-
hiney, Chairman of Board of Dock
Commissioners and Robert E. Dor-
othy, Manager of the Dubuque
ludustrial Bureau, recommended
on March 1, 19740 to the City Coun-
Special Session, April 22, 1974
229
ci1 of the City of Dubuque, Iowa
that the application to purchase
certain city-owned rP.al estate by
Wm. C. Brown Company, Publish-
ers for the purpose of expanding
their present plant facilities to the
real estate herein sought to be
purchased be approved; and
WHEREAS, City Council of the
City of Dubuque, Iowa has exam-
ined said application and said rec-
ommendation by the Mayor's lu-
dustrial Committee and finds that
the sale of said real estate should
be approved; and
WHEREAS, the said real estate
sought to be purchased by said
purchaser consists of a parcel con-
taining approximately four (4,A)
acres in Block 5 River Front Sub-
division No.3 in the City of Du-
buque, Iowa which shall hereafter
be platted and described as:
Lot 2 of Block 1 of Riverfront
Sub. No.5 in the City of Du-
buque, Iowa.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section I. That the application
of Wm. C. Brown Company, Pub-
lishers to purchase a parcel of
city-owned real estate in the City
of Dubuque, Iowa consisting of
approximately four (40 A) acres in
Block 5 River Front Subdivision No.
3 in the City of Dubuque, Iowa
which shall hereafter be platted
and described and known as:
Lot 2 of Block 1 of Riverfront
Sub No.5 in the City of Du-
buque, Iowa.
Be and the same is hereby ap-
proved upon the following terms
and conditions:
1. That the said real estate be
sold to purchaser for the construc-
tion and erection thereon of such
buildings as shall be necessary
for the expansion purposes of the
present structure occupied on reai
estate purchased from the City
heretofore by said purchaser.
2. That the sale price for said
real estate shall be forty cents
($.40) per square foot. Said pur-
chase price shall include installa-
tion of water, sanitary and storm
sewer lines and street improve-
ments.
3. That the construction of all
bnildings, yards, parking lots,
fences and ancillary improvements
shall be constructed in conform-
ance with existing City codes and
such uses carried on on said prop-
erty shall be in accord with the
City ordinances.
4. That the City of Dubuque,
Iowa shall retain a perpetual ease-
ment for existing water lines, ex-
isting sanitary sewer lines and
storm sewer lines and for utilities
together with the right of ingress
and egress to repair, inspect and
maintain tbe same.
5. That all utilities and services
to proposed building shall be con-
nected at buyer's expense.
6. That the applicant represents
to the City that the purchase of
said real estate is being made for
the purpose of expansion of the
Wm. C. Brown Company, Publish-
ers-
7. The Wm. C. Brown Company,
Publishers does hereby represent
and agreee that it shall not sell
or otherwise dispose of any por-
tion, or all of the property, herein
applied to be purchased without
offering same first to the City of
Dubuque, Iowa for repurchase at
the saroe price at which the ap-
plicant purchased same.
8. That conveyance shall he by
Quit Claim Deed.
Section 2. That the City Clerk
be and be is hereby authorized
and directed to publish notice of
intent to dispose of interest in real
estate as is by law required.
Passed, approved and adopted
this 22nd day of April, 19740-
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Fr<>mmelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
folloWIng vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano, Lundh,
Staclris.
Nays-None.
RESOLUTION NO. 138-74
.Preliminary approval of plans,
specifications, form of contract,
plat and all other documents for
the construction of City of Du.
buque 1974 Asphait Paving Proj-
230
Special Session, April 22, 1974
em No.2, Riverfront Subdivision
No.5, on:
1. Roosevelt Street Extension
from S.P.L. of Kerper Blvd. to S.
PoL. of Kilgore Street.
2. Kilgore Street from W.P.L.
of Roosevelt Street Extension to
the N.P.L. of Hamilton Street Ex-
tension-
3. Hamilton Street Extension
from S.P.L. of Kilgore Street to
the N.P.L. of Lot 2 of Block 1 of
Riverfront Sub. No.5.
At an estimated cost of $93.-
94,1.73, presented and read.
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
(Necessity for Improyement)
RESOLUTION NO. 139-74
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following:
1. The streets to be improved.
2. The width of such improve-
ment, and the size and kind of
sewers.
3. An estimate of the cost of
the proposed improvement, stating
the same for each different type
of construction and kind of ma-
terial to be used-
pa~Zg o:r~~~u'W~. 1:7iu~d::,a~~ I
Subdivision No.5:
1. Roosevelt Street Extension
from the S.P.L. of Kerper Boule-
vard to the S.P.L. of Kilgore
Street.
2. Kilgore Street from the W.P-
L. of Roosevelt Street Extension
to the N.P.L. of Hamilton Street
Extension.
3. Hamilton Street Extension
from the S.P.L. of Kilgore Street
to .the N.PL. of Lot 2 of Block 1
of Riverfront Subdivision No.5.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners. at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections, they shall he
deemed to have waived all objec-
tions thereto.
Said improvements shall be con.
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer whicb
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will he paid out of the gen-
eral fund.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 22nd day of April, 19740.
Approved and placed on file for
final action.
Approved:
Allan T- Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved approval of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None-
(Fixing date of hearing)
RESOLUTION NO. 140-74
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 138-740 given its
preliminary approval on the pro-
posed plans, specifications and
form of contract and placed same
on file in the office of the City
Clerk for public inspection, for
the construction of: City of Du-
buque 19740 Asphalt Paving Proj-
ect No.2-Riverfront Subdivision
No.5:
1. Roosevelt Street Extension
from the S.P.L- of Kerper Blvd. to
the S.P.L. of Kilgore Street
2. Kilgore Street from the W-
P.L. of Roosevelt Street Extension
to the N.P.L. of Hamilton Street
Extension.
Special Session, April 22, 1974
231
3. Hamilton Street Extension
from the S.P.L. of Kilgore Street
to the N.P.L. of Lot 2 of Block 1
of Riverfront Subdivision No- 5,
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspection.
BE IT THEREFORE RESOLVED
that on the 20th day of May, 19740,
a public hearing will be held at
7:30 o'clock P.M. CDT in the
Council Chamber in the City of
Dubuque at which time the own-
ers of property subject to assess-
ment for the proposed improve.
ment may appear and make objec-
tion to the proposed plans and
specifications and proposed form
of contract and at the same time
to the boundaries of the proposed
district, to the cost of the improve-
ment, to the amount proposed to
be assessed against any lot and
to the passage of the proposed
Resolution of Necessity and the
City Clerk be and he is hereby di.
rected to cause a notice of the
time and place of such hearing to
be published in some newspaper
publisbed in the City of Dubuque,
the last of which shall be not less
than two (2) nor more than (4)
weeks prior to the day fixed for
its consideration and unless prop-
erty owners at the time of final
consideration of said resolution
have on file with the Clerk objec-
tions to the amount of the pro-
posed assessment, they shall have
been deemed to have waived all
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmano. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano, Lundh,
Stackis.
Nays-None.
Communication of Dock Com-
mission recommending approval of
plans, specifications for the 1m.
provement of the remaining acre-
age on Area B, presented and
read.
Mayor Thoms moved that the
communication he received and
filed. Seconded by Councilman
Justmano. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council-
man Brady, Justmann, Lundh,
Stackis-
Nays-None.
RESOLUTION NO. 141.74
Approval of Preliminary Esti-
mate, proposed plans, specifica-
tions, form of contract plat and
all other documents for the con-
struction of Contract 1, Section 2
and 3 construct a sanitary and
storm sewer for River Front Sub.
No.5, and Section 3 construct a
sanitary sewer from the intersec-
tion of Roosevelt Street Extension
and Kilgore Street to Dubuque Ma-
rina, at an eatimated cost of
$80,692.03, presented and read.
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
tbe following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano, Lundb,
Stackis.
Nays-None-
(Necessity for Improvement)
RESOLUTION NO. 142-74
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things ,the following:
1. The size and kind of sewers.
2. An estimate of the cost of
the proposed improvement, stat-
ing the same for each different
type of construction and kind of
material to be used.
CONTRACT 1:
Section 2. construction of a sani-
tary and storm sewer for River
Front Subdivision Number 5, in
the City of Dubuque, Iowa.
Section 3. construction of a sani.
tary sewer from the intersection
Contract 1:
Section 2. construction of a sani.
tary and storm sewer for River
Front Subdivision Number 5 in
the City of Dubuque, Iowa. '
Se~tion 3. construction of a sani-
tary sewer from the intersection of
Roosevelt St. Extension and Kil-
gore St. to the Dubuque Marina.
and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspec.
tion,
BE IT THEREFORE RESOLVED
that on the 20th day of May 1974,
a puhlic hearing will he held at
7:30 o'clock P.M. CDT in the Coun-
cil Chamber in the City of Du-
boque at whieh time the owners of
property subject to asSessment for
the proposed improvement may ap-
pear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed to be assessed
against any lot and to the passage
of tbe 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 publi5hed in the
City of Dubuque, the last of which
shall be not less than two (2) nor
more than (4) weeks prior to the
day fixed for its consideration and
unless property owners at the time
of final consideration of said re-
solution have on file with the
Clerk objections to the amonnt of
the proposed assessment, they
shall 'have been deemed to have
waived all ohjections thereto, at
which hearing the Council wil1
hear such objections and enter on
record its final decision thereon.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T- Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
233
Mayor Thoms moved adoption of I with the plans and specifications
the resolution. Seconded by Coun- , which have been prepared there-
cilman Justmann. Carried by the' fore hy the City Engineer which
following vote: have been approved by the City
Yeas - Mayor Thoms, Council- Council and are now on file with
men Brady, Justmano, Lundh, the City Clerk. That the cost and
Stackis. expense of making said improve-
Nays - None. ment shaH be paid out of the ge-
RESOLUTiON NO. 144-74 ueral fund. . .
Approval of Preliminary Esti- The above resolution was mtro-
mate proposed plans specifica- duced, approved and ordered
tions' form of contract. plat and placed on file with the City Clerk
all other documents for the con- this 22nd day of April, 1974..
struction of Contract 1, Section 1 , Approved and placed On file for
Construction of a 10 inch water fmal action.
main for River Front Subdivision Approved
Number 5, at an estimated cost of Allan T. Thoms
$35,980, presented and read. Mayor
Mayor Thoms moved adoption of C. Robert Justmann
the resolution. Seconded by Coun- Alvm E. Lundh
ci1man Justmann. Carried by the ElUll StacklS
following vote: James E. Brady
eYas - Mayor Thoms, Council- CoUlJCllmen
men Brady, Justmann, Lundh, Attest:
Stackis. Leo. F. Frommelt
Nays - None CJty Clerk
. Mayor Thoms moved approval of
(Necessity for Improyement) the resolution. Seconded by Coun-
RESOLUTION NO. 145.74 cilman Justmann. Carried 'by the
WHEREAS, proposed plans, spe- foHowing vote:
cifications, form of contract, plat Yeas - Mayor Thoms, Council-
and schedule have been duly pre- men Brady, Justmann, Lundh,
pared and approved by the Cîty Stackis
Council of the City of Dubuque Nay; - None.
and are now on file in the office
of the City Clerk showing among (Fixing date of haaring)
other things the following: RESOLUTION NO. 146-74
1. The size and kind of water WHEREAS, the City Council of
main. the City of Dubuque, Iowa, has
2. An estimate of the cost of the by Resolution No. 144-740 given its
proposed improvement, stating the preliminary approval on the pro-
same for each different type of posed plans, specifications and
construction and kind of material form of contract and placed same
to be used. on file in the office of the Cîty
Contract 1, Section 1: construc- Clerk for public inspection, for the
tion of a 10 inch water main for Contract I, Section I:
River Front Subdivision Number construction of a 10 inch water
5, in the CHy of Dubuque, Iowa. main for River Front Subdivision
BE IT THEREFORE RESOLVED Number 5, iu the CHy of Dubuque,
that the City Council on its own Iowa
motion or upon petition of proper- and,
ty owners, deems H advisable and WHEREAs, the proposed Reso-
necessary for the public welfare to lution of NecessHy for said im-
make the herein mentioned im- provement has been introduced
provement, and unless property and is now on file in the City
owners at the time of the final Clerk's office for public inspection,
consideration of this proposed re- BE IT THEREFORE RESOLVED
solution have on file with the City that on the 20th day of May, 1974,
Clerk objections to the amount of a publichearing will beheld at
the proposed assessments, thcy 7:30 o'clock P.M. CDT in the Coun-
shaH he deemed ,to have waived cil Chamber in ,the City of Du-
all objections thereto. buque at which time the owuers
Said improvements shaH be con of property subject to assessment
structedand done in accordance for the proposed improvement may
232
Special Session, April 22, 1974
Special Session, April 22, 1974
of Roosevelt St. Extension and Kil-
g<>re st. to the Dubuque Marina.
BE IT THEREFORE RESOLVED I
that the City Council on its own
motion or upon petition of proper-
ty owners, deems it advisable and
necessary for the public welfare
to make the herein mentioned im-
provement, and unless property
owners at the time of the final
consideration of this proposed re-
solution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall be deemed to have waived
all objections' thereto.
Said improvements shall be con-
structed and done in accordance I
wit'h the, plans and specifications
which ha'vebe,m prepored there-
fore by the City Engineer which
b,ave been approved by the City
ConnciI 'and are n<>won file with
the City .clerk. That the cost and
expense of Inaking said improve-
ment shan be paid ont of the ge-
neral fund.
The above resolution was intro-
duced, approved and ordered
pJaeed on file with the City Clerk
this 22nd day of April, 1974.
APproved and placed on file for
fiDal action.
APproved
Allan T. Thoms
Maýor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leu F. Frommelt
City Clerk
Kayor Thoms moved approval of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
IFixing date of _ring)
RESOLUTION NO. 143-74
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 141-73 given its pre-
liminary approval on the proposed
plans, specifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the
Attest:
Leo F. Frommelt
City Clerk
Special Session, April 22, 1974
235
Special Session, April 22, 1974
234
5. There is a reduced land re-
qnirement necessary.
Involved in the secondary stage
of the planned improvements,
.there are major eqnipment sys-
tems which produce essentially
the same results but vary in terms
of size, arrangement and piping
configuration. To expedite the de-
sign of these 'Projects, EPA has ap-
proved a new bidding arrangement
whicb provides for preselection of
maj or equipment components
prior to the actual construction
bids on the project.
The procedure allows the City
to receive bids on the major equip-
ment components thereby establish-
ing a definite eqnipment manufac-
turer and price. The City's consul-
tant then proceeds with final design
of the balance of the facility utiliz-
ing the known eqnipment details.
Construction ,plans and specifica-
tions are then finalized including
the preselected equipment and
that fixed price. Bids on the con-
struction are then received with
t'he contractors submitting propo-
sals which includes our preselected
equipment. The City enters into a
contract with low bidder on the
construction contract only. No for.
mal contract is signed with the low
bidder on the equipment bid.
After evaluation of the equip-
ment bids received and authoriza.
tion by the City Council, the City
does provide a Letter of Intent to
the low bidders on the particular
components of major equipment
involved. This states that the con-
struction plans on tbe ,treatment
facility will be prepared utilizing
this particular piece of equipment
and that the General Contractors
swbmittiug proposals on the con-
struction of the facility will be in-
structed to include tbat eqnipment
supplier and the fixed price in
their bids. In the event the con-
struction bids would be rejected
and the program cancelled, the
City does agree in the Letter of
Intent to the equipment supplier
to reimburse them on a par diem
basis for engineering costs en-
countered in providing detailed
shop drawings necessary to pre-
pare the final construction plans
on the project. These charges are
not to exceed $10,000 for each of
the three major equipment sys-
tems proposed.
We would respectfully request
your authorization to proceed witb
the receipt of proposals for the
,following major compouents of
equipment involved in the Phase
II Program:
1. High Purity Oxygen Genera-
tor aud Related Dissolution Equip-
ment.
2. Thermal Conditioning Equip-
ment.
3. Centrifuges for Sludge Con-
ditioning.
We have prepared and enclosed
a detailed time schedule which es-
tablishes May 21, 19740 as the date
for receipt of equipment bids.
Bids would then he evaluated
and presented for Council consi-
deration on Juue 3, 1974.
A Resolution directing the Clerk
to advertise for bids has ,been pre-
pared and is attached for your re-
view. We have also enclosed the
Notice to Bidders, to be sigued
by the Mayor, and tbe Letters of
Intent previously discussed.
Your consideration of this re-
quest at .the meeting of April 22,
1974 will he sincerely appreciated.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that the communication he received
and filed. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
RESOLUTiON NO. 147.74
Approval of preliminary estimate,
proposed plans, specifications, let-
ter of intent agreement and all
other documents including all items
of materiai and work required to
proceed with receipt of proposals
on Phase II Waste Water Trèatment
Facilities selection of Centrifuges,
High Purity Oxygen Generator and
Dissolution Equipment and Ther-
mal Conditioning Equipment, pre-
sented and read.
Councilman Justmann moved
that the resolution he adopted. Se-
conded by Mayor Thoms. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lunrlh,
Stackis.
Nays - None.
a rigorous Consent Order on the
City of Dubuque outlining a time
schedule for the implementation
of the planned improvements to
meet a 30 ppm B.O.D. effluent
standard now in effect on the
Mississippi River. In general this
Consent Order provides that the
City will receive ,bids On the ne-
cessary coustruction by August 1,
1974 and have the proposed facili.
ties complete and operational hy
July 1, 1976.
Phase II planned construction to
meet the stream .tandard are out-
lined as follows:
Contract I, New Force Main,
Terminal to Treatment Plant.
Contract II, Cover and Deodori-
zation.
Contract III, Secondary treat-
ment utilizing high oxygen acti-
vated sludge and ,thermal condi-
tioning.
The total estimated cost of the
planoed facilities is $9,298,289_61.
The City does have an 80% Fed-
eral-State Grant to complete the
project. The local share of the
costs will be financed through a
$1,000,000 G. O. Bond issued in
1972 and receipts from retroactive
Federal and State Funds on Phase
L
Contracts for covers and deodo-
rization are nearing completion at
this time. Major industries involv-
ed in the Phase II program have
committed to loadings and a final
basis of design has been formulat-
ed.
The consultants have recom-
mended high oxygen activated
sludge to provide the secondary
treatment stage of the facility. The
pilot plant study in Dubuque pro-
duced highly favorable results
and effluent levels in the range
of 25-30 ppm. The high oxygen ac-
tivated sludge process has the fol-
lowing advantages:
1. It reduces energy reqnirements,
which thereby reduces operationlll
costs.
2. There are less solids to dis-
pose of resulting in a lower ope-
rating cost.
3. Simplified method of opera.
ration compared to a more com-
plex conventional activated sludge
monitoriug.
4, There are virtualIy no odors
because of the pure oxygen atmos-
phere and the sealed reactor.
appear and make objection to the
proposed plans and specifications
and proposed form of contract and
at the same time to the boundaries
of the proposed district, to the
cost of the improvement, to the
amount proposed lobe assessed
against any lot and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk be aud
he is 'hereby directed to cause a
notice of the time and place of
such hearing lobe published in
some newspaper published in the
city of Dubuque, the last of which
shall be not less than two (2) nor
more than (4) weeks prior to the
day fixed for its consideration and
unless property owners at the time
of final consideration of said reso-
lution have on file with the Clerk
objections to the amount of the
proposed assessment, they shall
have been deemed to have waived
all objections thereto, at which
hearing the Council will hear such
objections and enter on record its
final decision thereon.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilmau Justmann. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
meu Brady, Justmann, Lundh,
Stackis.
Nays - None.
April 19, 1974
To the Honorable Mayor
and City Council
Re: Dubuque Sewage Program
Phase II
As indicated at the Council
Workshop on the Sewage Program
held on April 4, 19740, the staff is
prepared to request your authori-
zation to proceed with the matter
of selecting certain major compo-
nents of equipment involved in
the Phase II improvements to the
Waste Water Treatment Facilities.
The state of Iowa has imposed
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City (}f Dubuque, Iowa, that the fol
lowing applications be granted and
permits issued upon the compliance
with the terms of the Ordinauces of
the City.
CLASS "B" BEER PERMIT
Herhert F. Bisping, dba, City Ta-
vern, 1401 Elm Street
CLASS "C" BEER PERMiT
Site Service Station Mini/Mart, 1387
Dodge Street
Carl A. Van Duelman, dba, Vans
Food Mart, 590 ClarJ," Drive
Passed, adopted and approved
this 22nd day of Apnl, 1974.
Allan T- Thoms
M,'yor
C. Robert .Iustmann
Alvin E Lundh
Emil Ståckis
James E. Brady
Councilmeu
236
Special Session, April 22, 1974
RESOLUTiON NO. 148.74
WHEREAS, proposed pians and
specifications and form of Letter
f>f Intent Agreement for the Phase
II Waste Water Treatment Facili-
ties Selection of Centrifuges, High
Purity Oxygen Generator and Dis-
solution Equipment and Thermal
Conditioning Equipmeut have been
approved by the City Council f>f the
City f>f Dubuque; and
WHEREAS, the City Council met
in special sessif>n this 22nd day of
April, 1974, at 7:30 o'clock p.m. at
the Council Chambers in the City
Hail for the purpose of considering
the proposed plans, specifications
and Letter of Intent Agreement for
and cost of the equipment herein
described and proposed to be made;
now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque that
the City Cf>uncil and City staff have
duly considered the plans, specifi-
cations, Letter of Intent Agreement
for or cost f>f said equipment herein
describedaud proposed to be made,
be and same are hereby adopted.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby f>rdered and directed tf> ad-
vertise for proposals for the various
items of equipment herein provided
for in the manner provided by law,
the sOld proposals shall be receivcd
f>n the 21st day of May at 10:00
o'clock a.m., CDST, 1974.
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Luudh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Mayor Tboms. Carried by the
following vote:
Yeas - Mayor Thoms, Counc¡]-
men Brady, Justmann. Lundh,
Stackis.
Nays - None.
RESOLUTiON NO. 149.74
WHEREAS, applications for Beer
Permits have heen submitted to this
Council for approval and the same
have been exammed;
Attest:
Leo F. Fr<>mmelt
City Clerk
Councilman Brady moved adop-
tion of the resolution. Seconded by
Councilman Lundh. carried by tbe
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
RESOLUTION NO. 150-74
WHEREAS, applications for Beer
Permits were filed by tbe withiu
named applicants and they have re-
ceived the approval of this Council:
and
WHEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with
the Ordinances of tbis City and they
have filed proper bonds;
NOW TllEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issu..d to the following named
applicants a Beer Permit-
CLASS "B" BEER PERMIT
Herhert F. Bisping, dba, City Ta-
vern, 1401 Elm Street
CLASS "C" BEER PERMiT
Site Service Station MiuiíMart, 1387
Dodge Street
Carl A. Van Duelman, dba, V"ns
Food Mart, 590 Clarke Drive
Special Session, April 22, 1974
'1:37
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F- Frommelt
City Clerk
Councilman Brody moved adop-
tion of the resolution, Seconded by
Councilman Lundh. Carried by the
following Vf>te:
Yeas - Mayor Thoms Council-
men Brady, JustmIDn; Lundh,
Stackis.
Nays - None.
RESOLUTION NO. 151-74
WHEREAS, applicatious for li-
quor Licenses have been submitted
to this Council for approval and the
same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing applications be approved
and licenses issued upon the com-
pliance with the provision, of Chap-
ter 131, Acts of the Fiut Regular
Session, 64th General Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LiC"-NSE
Wm. Alfredo, Jr. & Robert Klauer,
dba, Dungeon Ltd., 302 L<Y-..ust St.
Dorothy R. Hentges, dba, Do-Drop-
In, 2412 Central Avenue
Passed, adopted and approved
this 22nd day of April, 1974.
Ailan T. Thoms
Mayor
C. Rohert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Brady moved adop-
tion of the reesolution Seconded by
Councilman Lundh. Carried by the
ff>llowing vote:
Yeas - Mayor Thoms, Council,
men Brady, Justmann, Lundb,
Stackis.
Nays - None.
RESOLUTION NO. 152.74
WHEREAS, applications for li-
quor Licenses were filed by the
within named applicants and they
have received the approval f>f this
Council, and
WHEREAS, the premises to be
f>ccupied by such applicants were
inspected and found to comply witb
the State Law and all City Ordj.
nances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of Du-
buque, Iowa, that the Manager he
authorized to cause to he issued to
the foilowing named applicants a
Liquor License.
CLASS "C" (COMMERCiAL)
BEER AND LIQUOR LiCENSE
Wm. Alfredo, Jr. & Robert Klauer,
dba, Dungeon Ltd., 302 Locust St.
Dorothy R. Hentges, dba, Do-Drop-
In, 2412 Central Avenue
Passed, adopted and approved
this 22nd day of April, 1974.
Allan T. Tboms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
~ouncilman Brady move~ adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
RESOLUTiON NO. 153-74
A Resolution approYlng the can.
cept of the proposed Freeway
520 in the Yicinity of the City of
Dubuque, Iowa, and urging ap-
propriate state and federal ac.
tion toward ,impiem..,tation of
the Freeway 520 plan
Whereas, the Federal-aid High-
way Act of 1973 has authorized a
study of the feasibility of an inter-
state Highway from Rockford, illi-
nois to Waterloo, If>wa, passing in
the vicinity f>f Dubuque, Iowa; and
Whereas, a public hearing has
been announced for purposes of
eliciting the views of local f>f!icials
and concerned citizens on the feasi-
bility, necessity and proposed loca-
tif>n of prf>posed Interstate Free-
way 520, with such hearing sche-
duled for April 23, 1974; and
238
Special Session, April 22, 1974
Whereas, the City Council of the
City of Dubuque, Iowa is represent-
ed on the Policy Committee of the
Dubuque Metropolitan Area Trans-
portation Study, and such study has
idenWied a long-range need for
proposed Freeway 520 in the vicini-
ty of Dubuque, Iowa, and such Free-
way is an element of the 1990
Transportation Plan, as shown on
the attached exhibit, and I
Whereas, the extension of Free-
way service from Rockford, lllinois
to Waterloo, Iowa and passing in
the vicinity of Dubuque, Iowa, would
provide a needed and desirahle im-
provement in regional highway ser-
vice;
NOW THEREFORE BE IT RE-
SOLVED BY THE GlTY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the C.ty Council
of the City of Dubuque, Iowa SUP-
ports and eeneourages t'he designa-
tion of Freeway 520 from Rockford,
lllinois to WaterlOO, Iowa as an In-
testate Highway.
Section 2. That the construction I
of such Freeway 520 on the alter-
native corridor aliguments describ-
ed in the attached exhibit are en-
dorsed as conceptual plans for such
facility.
Section 3. That the Commission
update the projections on traffic
usage based upon current informa-
tion and energy avaliability.
Passed, approved and adopted
this 22nd day of April, 1974.
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundb, Stackis.
Nays - Councilman Justmann.
RESOLUTION NO. 154-74
A resolution approylng the con.
cept of the proposed Freeway
561 In the ylclnity of the City of
Dubuque, Iowa, and urging ap-
propriate state and faderal ec.
tion toward implementation of
the Freeway 561 plan
Whereas, the Federal-aid High-
Act of 1973 has authorized a study
of the feasibility of an Interstate
Highway from Davenport, Iowa to
LaCrosse, Wisconsin,passing in the
vicinity of Dubuque, Iowa; and
Whereas, a public hearing has
been announced for purposes of
eliciting the views of local officials
and concerned citizens on the feasi-
bility, necessity and proposed loca-
tion of proposed Interstate Freeway
561, with such hearing scheduled
for April 23, 1974; and
Whereas, the City Council of the
City of Dubuque, Iowa is represent-
ed on the Policy Committee of the
Dubuque Metropolitan Area Trans-
portation Study, and such study has
identified a long-range need for
proposed Freeway 561 in the vicini-
tyof Dubuque, Iowa, and such Free-
way is an element of the 1990 Trans-
portation Plan, as shown on the at-
tached exhibit; and
Whereas, the extension of Free-
way service from LaCrosse, Wiscon-
sin to Davenport, Iowa and passing
in the vicinity of Dubuque, Iowa,
would provide a needed and de-
sirable improvement in regional
highway service;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council
of the City of Dubuque, Iowa sup-
ports and encourages the designa-
tion of Freeway 561 from LaCrosse,
Wisconsin to Davenport, Iowa as an
luterstate Highway.
Section 2. That the construction
of such Freeway 561 on the alterna-
tive corridor alignments described
in the attached exhibit are endorsed
as conceptual plans for such facili-
ty.
Section 3. That the Commission
update the projections on traffic
usage based upon current informa-
tion and energy availability.
Passed, approved and adopted
this 22nd day of April, 19740.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
t
~
Special Session, April 22, 1974
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Lundh Stackis-
Nays - éouncilmen Brady, Just-
mann.
Tbere being no further business
Councilman Lundh moved to -ad
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None-
Leo F. Frommelt
City Clerk
239
Awroved .....,................--............._......l974
Ada¡pted ........................_--.................JBN
....................................~;-;;.............
........"...................................-..............
.............-..............................................
"""",""""""""""""""""""""""""'"
........................................"....-............
Councilmen
Attest: """"'ëiï;"ëi~~¡;""""""""""'"
240
Special Session, April 29, 1974
CITY COUNCIL
OFFICIAL
Special session, Aprii 29, 1974.
Council met at 7:30 P.M. (C.D.T.)
Present - Mayor Thoms, Coun-
ciimen Brady, Justmann, Stackis.
City Manager Gilbert D. Chavenelle.
Absent - Councilman Lundh.
Mayor Thoms read the call and
stated that service thereof had been
duly made and this meeting is call-
ed to CONDUCT PUBLIC HEAR.
INGS ON THE RESOLUTIONS OF
NECESSiTY FOR CiTY OF DU-
BUQUE 1974 STREET IMPROVE.
MENT PROGRAMS and acting up-
on such other business as may pro-
perly come before a regular meet-
ing of the Council.
Mayor Thoms proclaimed the
month of May "Jobs For Veterans
Month."
Communication of Airport Cmn-
mission submitting minutes of
their meetings of April 11th and I
19th, presented and read. Mayor
Thoms moved the minutes be re-
ceived and filed. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays - None-
Absent - Counei1man Lundh.
Communication of Low-Rent
Housing Commission submitting mi-
nutes of their meeting of April 16th,
presented and read. Mayor Thoms
moved the minutes be received and
filed. Seconded by Councilman Stac-
kis. Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Communication of Operation:
New View addressed to State Of-
fice of Economic Opportunity
stating that if a relatively small
amount of nutrition funding could
be secured, approximately $5000.00
and submitting a proposal for its
use, planting areas, seeds, etc., pre-
sented and read. Mayor Thoms
moved the communication he re-
ceived and filed. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Communication of Iowa Water
Pollution Control Association ad-
vising of a cooference in Council
Bluffs June 12-14 for the benefit of
those individuals charged with the
responsibility of managing and ope-
ration sewage facilities, presented
and read. Mayor Thoms moved the
communication be received and
filed. Seconded by Councilman Ju,¡'
manu. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Communication of A-OK Yellow
Cab Company Inc., stating rather
than having the Council and Mana-
ger waste anymore time on the
Company please forget that we ask-
ed for anything other than the 2~
raise, if they are unable to make it,
they will go out of business, pre-
sented and read. Mayor Thoms
moved the communication he re-
ceived and filed. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
April 22, 1974
Honorable Mayor and
City Council
A request has been received from
J. J. Hanson, Builder, to install four
street lights in Key Knolls Subdivi-
sion.
The area has been investigated
and it is recommended that four
(4) 175 watt mercury vapor fixtures
on wood poles be installed at the fol-
lowing locations:
1. On the easement between 1885
and 1875 Hansel Drive.
2. At the intersection of Hansel
Drive and Keystone Drive.
3. Ou the easement between 1885
and 1875 Vizaleea Drive.
4. At the intersection of Vizaleea
Drive and Keystone Drive.
Your approval of these installa.
tions is requested.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved the recom-
mendation be approved. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano, Stacki,.
Special Session, April 29, 1974
241
Nays - None.
Absent - Councilman Lundh.
April 26, 1974
Honorable Mayor and Members
of the City Council.
I have approved the following
bond and desire to have your ap-
proval of same snbject to approval
of the City Solicitor.
SiDEWALK CONSTRUCTiON
BOND
J. W. Hansen Construction Co.
Wdwestern Casualty and Surety
Company, Bond No. 29413, dated
April 27, 1974.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved filing ap-
proved subject to approval of the
City Attorney. Seconded by Council-
man Justmann. Carried by tbe fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Aboent - Councilman Lundh-
April 26, 1974
Honorable Mayor and
City Council
I herewith submit (be reports 01
the City Auditor, City Treasurer,
Water Superintendent, Health De-
partment and a list of daims for
the month of March 1974.
Gilhert D. Chavenelle
City Manager
Mayor Thoms moved the reports
be received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Staekis.
Nays - None.
A>bsent - Councilman Lundh.
Proof of Pwblication, certified to
by the Publisher, of Statement of
Receipts, Disbursements, And Lis!
of Claims for Month of March, 1974,
presented and read. Mayor Thoms
moved the proof of publication be
received 'and filed. Seconded by
Councilman Justmann. Carried by
the fallowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Couucilman Lundh.
Notice of claim of Donald R. Bul-
lard in the amount of $62.44 for ex-
pense incurred as the result of a
backed-up sewer on March 12, 1974,
at 1820 Cannon Street, presented
and read. Mayor Tboms moved the
claim be referred to the City Soli-
citor for proper proceedings. Se-
conded by Councilman Justmann,
Carried by the fallowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None-
Absent - Councilman Lundh.
Notice of Claim of Gary .J. Ode-
frey, in the amount of $124.00 for
expense incurred as the result of a
city dump truck backing into his
car at 15th Street on April 18, 1974,
presented and read. Mayor Thoms
moved ,the claim be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman Just-
mann. Carried 'by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
April 8, 1974
Honorable Mayor &
City Council
On March 8, 1974, Robert R. Mas-
sey of 2309 Roosevett Street, filed
claim against the City of Dubuque
in the amount of $50.00, alleging
damages to his motor vehicle oc-
curring on February 15, 1974, as
the result of striking a protruding
manhole cover shroud at 24th and
Washington Street in Dubuque, Io-
wa, and which he states sticks over
the curbing area.
This matter was referred to City
Attorney who has made investiga-
tion thereof and has checked with
Street Department and finds no
evidence of liability on the City's
part. Therefore, it is the recommen-
dation of City Attorney that said
claim he denied.
Original claim is returned here-
with.
R. N. Russo
Mayor Thoms moved the recom-
mendation be approved. Secouded
by Councilman Justmann. Carried
by the following vale:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
April 23, 1974
Hon. Mayor & City Council
On A>pril 1, 1974, Louis R. Hen-
dricks of 2055 Delaware, Dubuque,
Iowa, filed claim against tho City
of Dubuque claiming damages iu
the amount of $67.38 and alleging
said damages occurred on Feb-
Special Session, April 29, 1974
floodwall, Bluff St., from the S.P.L.
of Eighth St. ,to the S.P.L. of Jones
St., Blackhawk Dr., from the S.P.L.
of Fox Dr. to the south end of the
street, Fox Dr., from the E.P.L. of
Rockdale Rd. to. the east end af the
street, Loras Blvd.-Nowata Street
intersection reconstruction, Meg-
gan Dr., from the E.P.L. of Bonsou
Rd. to the W.P.L. of Dove Street,
Parking lot at the southeast corner
of Tenth and Bluff Streets, Prince-
tan Place, fram the E.P.L. af Devon
Dr. to the S.P.L. of Mineral St., St,,-
wart St., fram the N.P.L. of Delhi
Street to the S.P.L. of University
Ave., Stoneman Rd., from the
W.P.L. af John F. Kennedy Rd. to
the W.P.L. of Lot 1-1-1-1 of Hawkeye
Stock Farm, East Twenty-fourth St.,
from E.P.L. of Jackson St. to the
C.G.W. Railroad ,tracks East Twen-
ty-ninth St. and LawtJÍ.er St. from
the E.P.L. of Pinard St. to the S.P.L.
of Brunswick Street, Woodworth St.,
from the N.P.L. of Clarke Dr. to. the
s.P.L. of Lowell Street, presented
and read. Mayor Thoms moved the
proof of pnbIication be received
and filed. Seconded by Councilman
Siackis. Carried by the fallowing
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano, Stackis.
Nays - None.
Absent - Councilman Lundh.
Statement of City Clerk certify-
ing that notices of hearing on re-
solution of necessity for coustruc-
tion of 1974 Asphalt Paving Pro-
gram have been mailed by certified
mail on April 8, 1974, to. property
owners subject to assessment, pre-
sented and read. Mayor Thams
moved the statement be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vate:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Petition of Wm. J. Lynn et al ob-
jecting to the surfacing of Black-
hawk Drive, presented and read.
Mayor Thoms moved the petition
be received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thams, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
243
Special Session, April 29, 1974
242
Petition of Don Sullivan et al
objecting to the surfacing of Wood-
worth Street, presented and read.
Mayor Thoms moved the petition
be received and filed. Seconded by
Councilmau Justmann. Carried by
the fallowing vote:
Yeas - Mayor Thoms, Councii-
men Brady, Justmann, Stackis.
Nays - None.
Abseut - Councilman Lundh.
Petition of Gladys L. Reiter et al
objecting to. the proposed paving of
Stewart Street, presented and read.
Mayor Thoms moved the petition
be received and filed. Seconded by
Cauncilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmanu, Stackis.
Nays - None.
Absent - Councilman Lundh.
Councilman Staekis moved to re-
fer the Bicycle Path to Police De-
partment for study and report. Mo-
tion died far lack of a second.
Councilman Stackis moved to
suspend the rnies in order to let
anyone present address ,the Council
if they so desire. Seconded by Coun-
cilman Brady. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Staekis.
Nays - None.
Absent - Councilman Lundh.
Wm. Lynn aod C. W. Edmonds,
both of Blackhawk Drive and Ray-
mand Deveaux of Fox Drive all ob-
jecting to the condition of Rock-
dale Road. Mrs. Wick objected to
the asphalt paving of Stewart
Street. Councilman Justmann
moved to deiete Stewart Street
Ifrom the program. Seconded by
Councilman Brady. Carried by the
following vOlte:
Yeas - Councilmen Brady, Just-
mann, StaeIds.
Nays - Nane.
Abstain - Mayor Thoms.
Absent -- Councilman Lundh,
Daniel Ohnesorge, Richard Dol-
ter, Cletus Haupert, and Boh Len-
hardt were more concerned ahout
Woadworth Street being done right.
Mayor Thoms moved to retain
Woodworth Street on the program.
Seconded by Couneilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
ceived and filed. Seconded by Caun-
cilman Justmann. Carried by the fol,
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Petition of U.S. Coast Guard Au-
xiliary requesting that the City re-
taiu ownership and control of strip
of land on ,the North side of the
First Street Ice Harbor to he used
for a park and recreation area, pre-
sented and read. Mayor Thoms
moved the petition be received and
filed and referred to the Dock Com-
mission. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilm:m Lundh.
Petition of Dubuque County Con-
servation Society requesting that
,the land in the Ice Harbor he used
as a city riverside park area and
it could also be used as a taurist at-
traction, presented and read. Mayor
Thams moved the petition he re-
ceived and filed and referred to the
Dock Commission. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent - Councilman Lundh,
Petition of Mrs. Rosemary K.
Goetzinger requesting that E. 28th
Street not be vacated as the result
of information she now has, and as
the result of a City Engineer inves.
tigation, presented and read. Ma-
yor Thoms maved the petition be
received and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Proof of Publication, certified to
by the publisher af Notice of Peu-
dency of Resolution of Necessity
for construction of City af Dubuque
1974 Asphalt Paving Project No.1
on the following named streets: AI-
gone St., from the S.P.L. of Grace
St. to the N.P.L. af St. Joseph St.,
Asbury Road-John F. Kennedy Rd.
intersection, recanstruction and sig-
nalization, Bicycle Path, from Ter-
minal Street to the south end of the
ruary 27, 1974, as a result af plug-
ged sewer.
This matter was referrod to the
appropriate City Agency who made
an investigation thereof and report-
ed by letter to. this office on April
18, 1974, of no liability and in view
of the foregaing it is the recom-
mendation of the City Attarney
that the claim of Louis R. Hendricks
be denied.
Original claim is attached hereto.
R. N. Russo
City Attarney
Mayor Thoms moved the recom-
mendation be approved. Seconded
by Cauncilman Justmann. Carried
by ,the follawing vote: I
Yeas - Mayor Thams, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
April 26, 1974
Honorable Mayor & City Council
On November 29, 1973, Betty J.
Peacock of 2282 White Street, Du-
buque, Iowa, filed claim against the
City of Dubuque in the estimate
amaunt of $200.00 and alleging said
daroages arose out of a shooting in
her home on October 19, 1973 and
alleging said damages consisted of
a broken door and damages to the I
rug and furniture, and which oc-
curred out of an incident concern-
ing Alphonse Boge.
This matter was referred to ap-
propriate City Agency who made
an investigation thereof and report-
ed by letter to this office af no
liability on the part of the City
and denied said claim. In view of
the foregoing, it is the recommen-
dation of City Attoruey that said
claim of Betty J. Peacock be denied
and that City Council confirm said
denial.
Original claim is attached hereto.
R. N. Russo I
Mayor Thoms moved the recom-
mendation be approved. Seconded
by Councilman Jus,tmann. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
A:bsent - Councilman Lundh.
petition af Gent Wittenberg re-
questing the Mayor execute a Pro-
clamation in observance of th,e se-
cond annual National Historic Pre-
servation week from May 6th to
12th, presented and read. Mayar
Thoms moved the petition be re-
244
Special Session, April 29, 1974
RESOLUTION NO. 155.74
Re""lution amending Re""lution
No- 102-74.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, lOW A:
Section I. That Resolution No,
102-74 being the Resolution of Ne-
cessity for the City af Dubuque
1974 ASPHALT PAVING PROJECT
NO. l,be and the same is hereby
amended by deleting the following
portions of the following named
streets therefrom:
Stewart Street from the N.P.L. of
Delli Street to the S.P.L. af Univer-
sity Avenue.
Passed, Adopted and Approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Roher! Justmann
Emil Stackis
James E. Brady
Co1Jncilmen
Attest:
Leo F. Frommelt
Ctty Clerk
Mayor ThaUls moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Croried ,by the follaw-
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano, Stuckis.
Nays - None.
Absent - Cauncilman Lundh.
(Necessity for Improyement)
RESOLUTION NO. 102.74
WHEREAS, proposed plans, spec-
ifications, form of contract, plat and
schedule have been duly prepared
and approved by the City Council
of the City of Dubuque and are now
on file in the affice of the City Clerk
shomng aroong other things the fol-
lawing:
1. The Assessment limits if any.
2. The streets to be improved.
3. The width of such improve-
ment
40. Each lot proposed to 'be assess-
ed together with a valuation fixed
by the council.
5. An estimate of the cost af the
proposed tmprovement, stating the
saroe far each different type of can-
struction and kind of material to
be used.
6. In each case the amount there-
of which is estimated to be assessed
against each lot, for the CITY OF
DUBUQUE 19740 ASPHALT
PAVING PROJECT NO.1:
1. Algona St., from the S.P.L. of
Grace St. to t'he N.P.L. of St. Joseph
St.
2. Asbury Road, Jahn F. Kenne-
dy Rd. intersection, reconstruCtion
and signalization.
3. Bicycle Path, from Terminal
Street to the south end of ,the flood-
wall.
40. Bluff St., from the S.P.L. 01
Eighth St. to the S.P.L. of Jones St.
5. Blackhawk Dr., from the S.P.L.
of Fox Dr. to the sauth end of the
street.
6. Fax Dr., from the E.P.L. of
Rockdale Rd. to the east end of the
street.
7. Loras Blvd., Nowata Street in-
tersection reconstruction.
8. Meggan Dr., from the E.P.L. of
Ronson Rd. to ,the W.P.L. of Dove
Street
9. Parking lot at the southeost
corner of Tenth and Bluff Streets.
10. Princeton Place, from the
E.P.L. of Devon Dr. to the S.P.L.
af Mineral St.
11. Stewart St., from the N.P.L.
of Delli Street to the S.P.L. af Uni-
versity Ave.
12. Stoneman Rd., from the
W.P.L. of John F. Kennedy Rd. to
tbe W.P.L. of Lot 1-1-1-1 of Hawk-
eye Stock Farm.
13. East Twenty-faurth St., from
E.P.L. of Jackson St. to the C.G.W.
Raiiroad tracks.
14. East Twenty-ninth St. and
Lawther St. from the E.P L. of Pi-
nard St. to the S.P.L. of Brunswick
Street.
15. Woodwartb St., from the
N.P.L. af Clarke Dr. ta the S.P.L.
af Lowell Street.
BE IT THEREFORE RESOLVED
that the City Council on its own mo-
,tian or upon petition of property
owners, deems it advisable and ne-
cessary for the public welfare to
make the herein mentioned im-
pravement, and unless property
owners at the time of the final con-
sideration of this proposed resolu-
tion have on file with tbe City
Clerk objections ta the amount af
the proposed 'assessments, they
shall be deemed to have waived all
abjections thereta.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefore
by the City Engineer whieh have
heen approved ,by the City Council
Special Session, April 29, 1974
245
and are now on file with the City
Clerk. That the cost and expense of
making said tmprovement will be
assessed upon and against all pri-
vately owned property lying within
assessable distance provided by
law and in an amount not to exceed
the amount provided by law, pro-
perty will 'be assessed whether the
same abuts thereon or is adjacent
thereto according to area and in
proporti<m to the special benefits
conferred thereby, and any de-
ficiency shall be paid out of tbe
ROAD Use Tax Fund. Street bonds
shall be issued and sold in anticipa-
tion of deferred payments of assess-
ments when a contract has been
performed and accepted and the
proceeds thereof used to pay the
contractar. The railway portion of
any street ar assessment district
shall he assessed to and paid by the
railway company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 1st day of April, 19740.
'RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed and adopted,.. amed-
ed by the City Council this 29th day
af April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adopt!on of
the re,olution- Seconded by ('oun
cilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundb.
Decision of Council upon
objections to pions, specifications,
form of contract and cost of
Improyements
RESOLUTiON NO. 156-74
WHEREAS, proposed plans and
specifications and form of contract
for the City of Dubuque 1974 As-
phalt Paving Praject No.1 have
heen approved by the City Council
of the City at Dubuque and public
natice given as provided by Chap-
ter 23 of the Code of Iowa, 1973 per-
taining to public contracts and
bonds, and the time and place fixed
for the hearing of all objections to
said plans, specifications or can-
tract for or cost of such improve-
ments, said time being this 29th
day of April, 1974; and
WHEREAS, the City Council met
in Special session this 29th day of
April, 1974, at 7:30 o'clock P.M. at
the Cauncil Charobers in the City
Hall for the purpose of hearing all
interested p..ties and considering
any and all objections which have
been filed to the proposed plans,
specifications or contract for or cost
of the improvement herein de-
scribed and proposed to be made;
and
WHEREAS, all interested parties
have been given an opportunity to
be heard and all abjections which
have been duly weighed and con-
sidered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, speci-
fications, contract for or cost of
said tmprovement herein described
and proposed to be made, be and
the same hereby overruled and
such 'plans, specifications and form
of contract heretofore approved
are hereby adopted.
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all
objections wrucb have been filed to
the plans, specifications and form
of cost said improvement be made
a matter of permanent record in
connection with said improvement.
Passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C- Robert Justmann
Emil Stackis
Jaroes E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent - Councilman Lundh.
246
Special Session, April 29, 1974
(Ordering Construction)
RESOLUTION NO. 157.74
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant toa resolu-
tion of necessity No. 102-740 which
was duly passed by this Council, for
the City of Dubuque 1974 Asphalt
Paving Project No.1 be and tbe
same are hereby ordered and con-
structed by this Council upon its
own motion and with or without the
petition of property owners. All the
work shall be constructed in accor-
dance with the plans and specifica-
tions heretofore adopted and now
on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of said
improvements be paid for by levy-
ing special assessments against the
privately owned property lying
within the assessable distanee from
the improvements, whether such
property abut upon t'he same or are
adjacent thereto, according to the
area therof and in proportion to thc
special benefits conferred, and any
deficiency will be paid out of the
R.U.T. Fund, Parking fund. Payment
will he made to the contractor out
of funds realized from the sale of
bonds to be issued in anticipation of
deferred payments of assessments
as provided by law after the work
has ,been completed and accepted by
the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and h. is
hereby ordered and directed to ad-
vertise for propoaa1s for the con-
struction of the various improve-
ments herein provided for in the
manoer provided by law, the said
improvements shall be completed
on or before 90 days after notice to
proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall he in force and effect from
and after its passage and adoption
by the City Council.
passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
Jaroes E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Proof of Publication, certified to
by the Puhlisher of Notice of Pen-
dency of resolution of Necessity for
construction of 1974 Concrete
Paving with Integral Curb Project
No 1 Tenth Street from Locust to
Bl~ff Street and intersection of 9th
and Bluff Paving and Building re-
moval, presented and read. Mayor
Thoms moved the proof of publica-
tion be received and filed. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent - Councilman Lundh.
Councilman Justmann moved
deletion of the program. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann.
Nays - Councilman Stackis.
Absent - Councilman Lundh.
Proof of Publication, certified to
by the Publisher of Notice of Pen-
dency of resolution of necessity for
the construetion of 1974 Concrete
Paving with lutegral Curb Project
No.1 Tenth Street from Locust to
Bluff and intersection of 9th and
Bluff Traffic Signals and Signing,
presented and read. Councilman
Justmann moved the proof of pub-
lication be received and filed. Se-
conded by Councilman Brady. Car.
ried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Councilman Justmann moved
deletion of the prograro. Secouded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Thoms Council-
men Brady, Justmann. '
Nays - Councilman Stackis.
Al1sent - Councilman Lundh-
Proof of Publication, certified to
by the Publisher, of Notice of Pen-
dency hearing for construction of
Special Session, April 29, 1974
247
19740 Concrete Paving with lutegral
Curb Project No.2, Dodge Street,
Grandview Avenne intersection re-
construction and signalization,
Ninth Street, Eighth Street, Hill
Street and University Avenue in-
tersection reconstruction, present-
ed and read. Mayor Thoms moved
the proof of pnblication be received
and filed. Seconded by Councilman
Justmano. Carried ,by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent - Councilman Lundh.
Dr. Vernon addressed the Coun-
cil suggesting ehanges on 9th Street
Construction.
(Necessity for Improyement)
RESOLUTION NO. 111.74
WHEREAS, proposed plans, spe-
cifications, form of contract, plat
and schedule have been duly pre-
pared and approved by the City
Council of the City of Dubuque and
are now on file in the office of the
City Clerk showing among other
things the following:
1. The streets to be improved.
2. The width of such improve-
ment, and the size and kind of sew-
ers.
3. An estimate of the cost of tbe
proposed improvement, stating the
same for each different type of
construction and kind of material
to be used.
The City of Dubuque 1974 Con-
crete Paving with I ntegral Curb
Project No.2:
1. Dodge Street, Grandview Ave-
nue intersection reconstruction and
signalization.
2. Ninth Street, Eighth Street,
Hill Street and University Avenue
Intersection reconstruction.
BE IT THEREFORE RESOLVED
that the City Council on its own mo-
tion or upon petition of property
owners, deems it advisable and ne-
cessary for the public welfare to
make the herein mentioned im-
provement,and unless property
owners at the time of the final con-
sideration of this proposed resolu-
tion have on file with the City Clerk,
they shall be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared therefore
by the City Engineer which have
been approved by the City Council
and 'are now on file with the City
Clerk. That the cost and expense of
making said improvement will be
paid out of the R.U.T. Fund, Utili-
ties Fund and Parking Funds.
The above resolution was intro-
duced, approved and ordered placed
on file with the City Clerk this 1st
day of April, 1974.
RECORD OF FINAL ADOPTION
The foregoing resolution was fi-
nally passed and adopted, as pr0-
posed, by the City Council this 29th
day of April, 1974-
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None-
Absent - Councilman Lundh.
Decision of Council upon oblections
to plans, specifications, to"" of
contract and cost of improyernents
RESOLUTION NO. 158.74
WHEREAS, proposed plans and
specifications and form of contract
for the City of Dubuque 1974 Con-
crete Paving with Integral Curb
Project No.2 have 'been approved
by the City Council of the City of
Dubuque and public notice given
as provided by Chapter 23 of the
Code of Iowa 1973, pertaining to
public contracts and bonds, and the
time and place fixed for the hear-
ing of all objections to said plans,
specificatilons or contract for or
cOlSt of such improvements, said
time being this 29th day of April,
1974; and
WHEREAS, the City Council met
in special session this 29th day of
April, 1974, at 7:30 o'clock P.M. at
the Council Charobers in the City
Hall for the pu_se of hearing all
interested parties and considering
any and all objections which have
been filed to the proposed plans,
specifications or contract for or cost
of the improvement herein de-
BE IT FURTHER RESOLVED
that ,the co.s:tand expense of the said
improvements be paid for from the
R. U. T. Fund, Utilities Fund after
the work has been completed and
accepted ,by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and h. is
hereby ordered and directed to ad-
vertise for proposals for the con,
struction <>t the various improve-
ments herein provided for in the
manner provided by law, tbe said
improvementa shall be completed
on or before 90 days after notice to
proceed has been issued.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgeIJlt and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Conncil.
Passed, adopted and approved
this 29th day April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
248
Special Session, April 29, 1974
scribed and proposed to be made;
and I
wHEREAS', all interested parties
have been given an opportunity to
be heard and all objections which
have been duly weighed and con-
sidered; now, therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
that all objections which have been
made and filed to the plans, specifi
cations, coIJltract for or cost of said
improvement herein described and
proposed lobe made, be and the I
same hereby overruled and such
plans, specifications and form of
contract heretofore approved are
hereby adopted. .
BE IT FURTHER RESOLVED
that this resolution containing the
decision of this Council upon all ob-
jections which have been filed to
the plans, specifications and form
of cost said improvemeIJlt be made
a matter of permanent record in
connection with said improvement.
Passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
EmU Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. carried by the fol-
lowing vote:
Yeas - May"r Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
(Ordering construdion)
RESOLUTION NO. 159.74
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE that pursuant to a resolu-
tion of necessity No. 111-74 which
was duly passed by this Council,
for the City of Dubuque 19740 Con-
crete Paving with Integral Curb
Project No.2 be and the saroe are
hereBy ordered and constructed by
,this Council upon its own motiOfl
and with or without the petition of
property owners. All the work shall
be constructed in accordance with
the plans and specifications here-
tofore adopted and now on file in
the office of the City Clerk.
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
tbe resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
RESOLUTION NO. 160-74
WHEREAS, Block 1 Riverfront
Subdivision No.5 in the City of Du-
buque, Iowa and Lot 2 of Lot 1 of
Lot 2 of Lot 2 of Lot 1, Block 5,
Riverfront Subdivision No.3 in the
City of Dubuque, Iowa, and abutt-
ing streets have been platted ac-
cording to plat dated April 19, 1974,
by Carl F. Bartels, Licensed Pro-
fessional Civil Engineer and Land
Surveyor.
WHEREAS, said plat conforms to
law and should be approved-
NOW THEREFORE BE IT RE-
SOLVED BY THE cITY COUNCIL
OF THE CITY OF DUBUQUE, 10
WA:
Section 1. That plat dated April
19, 1974, prepared by Carl F. Bar-
tels, Licensed Professional Civil En-
gineer and Land Surveyor platting
Special Session, April 29, 1974
Block 1 Riverfront Subdivision No.
5 in the City of Dubuque, Iowa and
Lot 2 of Lot 1 of Lot 2 of Lot 2 of
Lot 1, Block 5, Riverfront Subdlvi-
siou No.3 in the City of Dubuque,
Iowa and abutting streets, be and
the same is hereby approved.
Section 2. That the Mayor and
City Clerk he and they are hereby
authorized to execute said plat for
and on behalf <>t the City of Du-
buque, Iowa.
Section 3. That the City Clerk is
hereby directed to cause said plat
to be filed in the <>tfice of the Du-
buque County Recorder.
Passed, adopted and approved
tbia 29th day of April, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stockis
Councilmen
Attest:
Leo. F. Frommelt
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano, Stackis.
Nays-None.
Absent - Councilman Lundb.
RESOLUTION NO. 161.74
Authorizing the publication of
Notice of Sale of Project Notes
(Third Series 1974) and the reo
ceiving of proposals for .the saie
of saiel notes for the Downtown
Urb8n R_al Project, Iowa R.
15
WHEREAS, under date of July 26,
1967, the City of Dubuque entered
into a loan and Capital Grant Con-
tract for .the undertaking of the
Dwontown Urban Renewal Project,
Iowa R-15; and
WHEREAS, under d3lte of July 3,
1972, the Council of the City of Du-
buque adopted Resolution No. 213-
72 authorizing to òc issued. from
time to time, Project Notes in con-
nection with the Downtown Urban
Renewal Project, Iowa R-15; and
WHEREAS, under date of Feb-
ruary 11, 1974, the Council of the
City of Dubuque authorized the is-
suance and sale of its Project Notes
in the aggregate principal amount
of $1,565,000 to finance certain un-
dertakings in connection with the
249
Downitown U~ban Renewal Project,
Iowa R-15; and
WHEREAS, in order to refinance
a portion of said outstanding Pro-
ject Notes, it is I!ecessary for the
City of Dubuque to sell Project
Notes (Third Series 1974) totaling
$1,4090,000; now ,therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the City Clerk be
and he is hereby authorized and di-
rected to publish according to law,
"Notice of Sale-Project Notes" in
the form of Exhibit "A" attached
hereto and made a part hereof-
Section 2. That the City Clerk be
and he is hereby authorized and di-
rected to accept and tabulate pro-
posals for the sale of said notes and
to send telegrams of acceptance to
the low bidder or bidders all in ac-
cordance with instructions eover-
ing such ,transactions as provided
by the Department of Housing and
Urhan Development, United States
of America.
Section 3. That a meeting of the
Council of the City of DuI;uque shan
be held after the hid opening date
<>t May 21, 19740, to adopt such re-
solution or resolutions necessary
for the consulUIllallion of the sale
of Project Notes (Third Series 1974)
to the lowest bidder or bidders.
Passed, approved and adopted
this 29th day uf April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent - Councilman Lundh,
NOTICE OF SALE
-PROJECT NOTES
OITY OF DUBUQUE, IOWA
Sealed proposals will 'he received
by City of Dubuque, (herein called
the "Local Issuing Agency") at
Council Chambers, City Hall, 13th
and Iowa Streets, in the City of Du.
250
Special Session, April 29, 1974
buque, State of Iowa 52001, until,
and pnblicly opened at, One o'clock
P.M. (E.D.T.) on May 21, 1974, for
the purchase of $1,490,000 of Pro,
ject Notes (Third Series 1974), be-
ing issued to aid in financing its
project(s) as foliows:
Amount, $1,490,000, Series, Third
1974, Maturity, September 13, 1974.
The Notes will be dated June 18,
1974, will be payable to bearer on
the Maturity Date, and will hear in-
terest at the rate or rates per an-
num fixed in the proposal or prO-I
posals accepted for the purchase of
such Notes.
All proposals for the purchase
of said Notes shall he submitted in
a form approved by the Local Is-
suing Agency. Copies of such form
of proposal and information con-
cerning the Notes may be obtained
from the Local Issuing Agency &t
the address iodicated "bove. De.
tailed information with respect to
the conditions of this sale may be
obtained from the May 7, 1974 is-
sue of The Daily Bond Buyer.
CITY OF DUBUQUE,
IOWA
By Leo F. Frommelt
Authorized Officer
Proof of Publication, cectified to
by the Publisher, of Notice of Pub-
lic hearing to consider authoriza-
tion of executed 'proposed agree-
ments for sale of Urban Renewal
Land to R & S Enterprises Inc.,
presented and read. Mayor Thoms
moved the proof of publication be
received and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent - Councilman Lundh.
RESOLUTION NO. 162.74
Authorizing the execution of a
contract for Hie of land for pri.
vate redevelopment with R & 5
Enterprises, Inc.
WHEREAS, pursuant to Resolu-
tion No. 98-74 dated March 25, 1974
and a Notice of Public Hearing pub-
lished in The Telegraph-Herald, a
newspaper of general circulation in
the City of Dubuque, Iowa, on April
4, 1974 and April 11, 19740, City
Council met on the 29th day of
April, 1974 at 7:30 o'clock P.M. Cen-
tral Daylight Time, in the City Coun-
cil Chambers, City Hall, Dubuque,
Iowa, to consider the proposal to
dispose of the interest of the City
of Dubuque to Lot 1 of Block 6, ex-
cept the North 15 feet thereof and
except the South 65 ft. thereof; and
Lot 3 of Block 6 in Dubuque Down-
town Plaza in the City of Dubuque,
Dubuque County, Iowa, also known
as Disposition Pareeel l-IA in the
Downtown Urban Renewal Propect,
Iowa R-15, containing 7,969.929
square feet; to R & S Enterprises,
Inc; and
WHEREAS, pursuant to said re-
solution, a copy of the Redevelop-
er's Statement for Public Disclo-
sure and a copy of the proposed
form of Contract for Sale of Land
for Private Redevelopment was
placed on file in the office of the
City Clerk for public inspection; and
WHEREAS, the City Council of
Dubuque, Iowa, overruled any and
all objections, oral and written, to
the proposal to dispose of said in.
terest of the City of Dubuque in the
above-described real estate to R &
S Enterprises, Inc.; now ,therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE ClTY OF DU-
BUQUE, IOWA;
Section 1. That the Mayor and
City Clerk he and they are hereby
authorized to enter into a Contract
for Sale of Land for Private Rede-
velopment in accordance with the
terms of the Disposition Documents
governing such sale with R & S En-
terprises, Inc. for the real estate
known as Lot 1 of Block 6, except
t'he North 15 feet thereof and except
the South 65 feet thereof; and Lo:t
3 of Block 6 in Dubuque Downtown
Plaza in the City of Dubuque, Du-
buque County, Iowa, also known as
Disposition Parcel l-IA in the
Downtown Urban Renewal Project,
Iowa R-15, containing 7,969.929
square feet.
Section 2. That said parcel of real
estate shall ,be sold for $2.50 per
square foot, for a total price of
$19,924.82.
Passed, approved and adopted
this 29th day of April, 19740.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, April 29, 1974
251
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
RESOLUTION NO. 163-74
Authorizing the execution and
deliyery of deed to R & 5 Enter-
prises, Inc. for sale of land in the
Downtown Urban Renewal Pro-
ject, Iowa R.15
WHEREAS, under date of April
30, 1974, the City of Dubuque, Iowa
and R & S Enterprises, Inc entered
into a Contract for the Sale of Land
in the Downtown Urban Renewal
Project, Iowa R-15, for private re-
development; and
WHEREAS, R & S Enterprises,
Inc. has complied with the condi-
tions of said Contract and has re-
quested the City of Dubuque to
execute and deliver a Deed for the
land described herein ,below; now
therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the Mayor and
City Clerk are hereby authorized
and directed to execute a Deed to
R & S Enterprises, Inc. for the sale
of Disposition Parcel lA in Block 1
in the Downtown Urban Renewal
Project, Iowa R-15, legally descrIbed
as Lot 1 of Block 6, except the North
15 feet thereof and exeept .the South
65 feet thereof; 'and Lot 3 of Block 6
in Dubuque Downtown Plaza in the
City of Dubuque, Dubuque County,
Iowa, also known as Disposition
Parcell-IA in the Downtown Urban
Renewal Project, Iowa R-15, con-
taining 7,969.929 square feet.
Section 2. That the Director of the
Department of Housing and Rede-
velopment is hereby authorzied and
directed to deliver said Deed to R &
S Enterprises, Inc. upon receipt of
the purchase price of $19,924.82 on
the basis of $2.50 per square foot.
Passed, approved and adopted
this 29th day of April, 1974.
Allen T. Thoms
Mayor
C. Rohert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
RESOLUTION NO. 164.74
A resolution approying the con-
cept of a modern rail system ser-
yice for goods and persons in and
through the State of Iowa and
urging appropriate Federal, State,
and Locai action toward that goai
Whereas the subjeci of interstate
as well as intrastate transportation
modes is a question e>f paramount
importance to residents of North-
ern Iowa, and
Whereas the area of Northern
Iowa is of increasing importance te>
the nation and the world as one of
the world's major sources of food
and feed supplies, and
Whereas no adequate form of
transportation now exists to meet
the needs of this area, and
Whereas no 4c-lane freeway or ex-
pressway now exists connecting auy
of Nocthern Iowa's major cities with
each other, nor to contiguous states,
and
Whereas the economy of all the
cities of nothern Iowa demands re-
lief in the form of improved trans-
portation possibilities for the move-
ment of persons and goods, and
Whereas the economy of the State
and the Nation are direct henefi-
ciaries of the food and feed supplies
shipped from this region, and
Whereas the legislature of the
State of Illinois, through direct sub-
sidy, has now made available the de,
livery of twice-daily AMTRAK pas-
senger service to Dubuque, Ie>wa.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
That this City Council supports
and encourages the concept of an
advanced rail system for Northern
Iowa that would ce>noect Sioux City,
Fort Dodge, and Waterloo to the
newly existing AMTRAK connection
in Dubuque, Iowa, and
That the existing rail right-of-way
connecting the above-mentioned
252 Special Session, April 29, 1974
Great Northern Plains cities be up- WHEREAS, Robert A. Sullivan,
graded to 'accommodate railway sys- by virtue of his rich natural endow-
tem service of advanced design, ser- ments and by reason of 'his gift of
vice, and speeds, both for the move- genius in his chosen field, has ieft
ment of persons and goods, to the numerous landmarks throughout
extent that such system shall serve the City of Dubuque, Iowa, in silent
as a model system withiu the United magnificience and eloquent tribute
States, and to his creative skills and to his sense
That supporting resolutions he of dedication to his creative arts:
sought from the governing councils and
of Sioux City, Fort Dodge, and Wa- WHEREAS, by reason of the un-
terloo, Iowa seeking establishment timely death of Robert A. Sullivan,
of rail system service herein de- the inhabitants of the City of Du-
scribed, and buque, Iowa, have lost a true shining
That ALL supporting resolutions light t'h~t for many years has
be communieated to the Governor brought Into proper focus and to
(and) Northern Iowa legislators pro!"'r vision true facets of our rich
(both State & Federal); urging them herItage and they stand as livmg
to move forth-with in the promotion memorials as a~ eloquent trIbœte
and acquisition of an advanced rail to hIs. nailve gemus and to his iove
system for Iow~, and fo~~~ c~ORE BE IT RE-
That Immed18te trans-Iowa AM- SOLVED BY THE CITY COUNCIL
TRAK .serVIce between ternunal OF THE CITY OF DUBUQUE
SIOUX City and Dubuque be sought IOWA- '
through .-appropriate ne!l°tiatio,;,-s Section 1. That the official family
and possIble dIrect subsIdy as m of the City of Dubuque, Iowa, does
the lllmOls example. hereby memorialize the passing
Passed, adopted. and approved away of Robert A. Sullivan and
thIS 2!1tb day of April, 1974. makes public note and record of
Allan T. Thoms his gifts and genius which he so un-
Mayor selfishly bestowed upon the inhabi-
C. Robert Justroano tants of this community and pre-
James E. Brady served in living memorials through-
Councilmen out the City as eloquent tribute to
his genius, and that the official
City family of the City of Dubuque,
Iowa, does hereby express its sad-
ness, condolences and regret at the
untimely passing of this native son.
Section 2. That the City Clerk be
and he is hereby ordered and direct-
ed to forward a certified copy of
this Resolution to the family of the
said Robert A. Sullivan.
Passed, adopted and approved
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Rohert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano.
Nays - Councilman Stackis.
Absent - Councilman Lundb.
RESOLUTION NO. 165.74
WHEREAS, Robert A. Sullivan,
a native son of Dubuque, endowed
with a rich and expansive sense of
artistry in the field of antiques and
with particular emphasis on interior
decorating, died at Dubuque, Iowa,
on 22nd day of April, 1974; and
WHEREAS, Robert A. Sullivan
with a rare gift from the Almighty
bestowed, did share his talents with
the inhabitants of this community
and manifested his native genius in
many ways, but with particular re-
ference to the restoration of old,
historical landmarks in the City of
Dubuque, Iowa; and
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Council-
man Justmann. Carried by the fol-
iowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Special Session, April 29, 1974
253
RESOLUTION NO. 166-74
WHEREAS, William T. Noonan
for the past nineteen years was a
loyal and devoted employee of the
City of Dubuque; and
WHEREAS, said loyal servant
passed away in the City of Du-
buque, Iowa on the 21st day of
April, 1974; and
WHEREAS, the said William T.
Noonan had for a number of years
immediately prior to his death been
suffering from a terminal illness
which he courageously fought and
resisted up to the very last days of
his life and all through Ibis most
difficult and trying period of his
life he devotedly and conscientious-
ly performed his duties and respon-
sibilities as an employee of the City
of Dubuque at the City Landfill and
in truth and in fact, did work up un-
til the 23rd day of September 1973
just prior to his death, and that the
exemplary work record and devo-
tion to his job and to his family as
a conscientious citizen of this com-
munity be exemplified the highest
qualities of citizens'hip and loyalty;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Sec~ion 1. That the City of Du-
buque, Iowa does. hereby officially .1
take sad note of the passing of Wil-
liam T. Noonan, who up to the time
of his death was the foreman at the
City Landfill, and in observing his
passing from these worldly pre-
cincts tbe City Council of the City
of Dubuque, Iowa does hereby take
note that he was a loyal public ser-
vant and that he was a devoted fa-
mily man and conscientious and
sincere citizen of this community,
and while William T. Noonan may
not have attracted much attention
in his lifetime or attained high pro-
minence in high places, he left an
enviable record as family man, loyal
citizen and devoted public servant.
Section 2. That the City Clerk he
and he is hereby ordered to trans-
mit a certified copy of this Resolu-
tion to the family of the heloved:
departed citizen, William T. Noo-
nan.
Passed, approved and adopted
this 29th day of April, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Justmano. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
RESOLUTiON NO. 167.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa,that the following having
oomplied wiitb the provisions of
law relating to the sale of Cigarettes
within the City of Dubuque, Iowa,
be granted a permit tu sell Ciga-
rettes and Cigarette Papers within
said City.
Kenneth M. Stecklein, dba, Ken's
Union 76 Service, 24,80 University
Ave.
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cation be approved.
Passed, adopted and approved
this 29th day of April 19740.
Allan T- Thoms
Mayor
Emil Siackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council.
men Brady, Stackis.
Nays - Councilman Justmano
Absent - Councilman Lundh.
RESOLUTION NO. 168-74
WHEBEAS, applications for Li-
quor Licenses have been submitted
to this Council for approval and the
same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the fol-
lowing applications be approved
and licenses issued Upon the com-
pliance with the provisions of Chap-
ter 131, Acts of the First Regular
Session, Mth General Assembly.
254
Special Session, April 29, 1974
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Leona R. Friedman, dba, Lonas Tap
and Grill, also SUNDAY SALES,
620 East 16th Street
Passed, adopted and approved
this 29th day of April 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Council-
man Starkis. Carried by the follow.
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None-
Absent - Councilman Lundh.
RESOLUTION NO. 169.74
WHEREAS, applications for Li-
quor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with
the State Law and all City Ordi-
nances relevant thereto and they
have filed ,proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by tbe City Council of Du-
buque, Iowa, that the Manager he
authorized to cause to be issued to
the following named applicants a
Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Leona R. Friedman, dba, Lonas Tap
and Grill, AND SUNDAY SALES,
620 East 16th Street
Passed, adopted and approved
this 29th day of April 1974.
Allan T. Thoms
Mayor
C. Rohert Justmano
Emil Steckis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmano, Stackis.
Nays - None.
Absent - Councilman Lundh.
Communication of Barb Weulling
objecting to the speed limit of 35
miles per hour on the crest of the
hill on Pennsylvania Avenue at
Hempstead High Sehool, presented
and read. Councilman Justmann
moved the communication be re-
ferred to the City Manager and the
Traffic Department. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent - Councilman Lundh.
At 11:05 P.M. Mayor Thoms
moved to go into executive session
to discuss personalities and names
for appointment to the Citizens Ad-
visory Commission and the Human
Rights Commission. Seconded by
Councilman Brady. Qarried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
At 11:15 P.M. the Council recon-
vened in regular session. Mayor
Thoms moved Mrs. Ruby Sutton be
appointed to t!he Citizens Advisory
Commission and Mr. James Goet-
zinger be appointed to the Human
Rights Commission. Seconded by
Councilman Brady. Carried hy the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
There being no further business,
Mayor Thoms moved to adjourn. Se-
conded by Councilman Justmann.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None-
Absent - Councilman Lundh.
Leo F. Frommelt
City Clerk
Special Session, April 29, 1974
255
Approved .....--,-..............................11971&
Mo¡pted ............._,.............................197\1
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