1974 July Council Proceedings
358
Special Session, June 28, 1974
Edward A. Bailey, 1298 Main Street
Eugene Arthur Otting, 1689 Elm St.
Kenneth Jerome Love, 802 Central
Avenue
passed, adopted and approved
this 28th day of June 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
eouncilmen
Attest:
Leo F. Frommelt
eity elerk
Councilman Stackis moved adop-
tion of the resolution. Seconded hy
Mayor Thoms. Carried hy the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent - Councilman Justmann.
Application of Dubuque Jaycees
for transfer of Beer Permit License
from 1023'" Main Street to 2241
Lincoln Avenue, presented and
read. Mayor Thoms moved to sus-
pend the rules to let anyone address
the Council if they so desire. Se-
conded by Councilman Stackis.
Carried hy the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent - Councilman Justmann.
Dennis Naughton addressed the
Council on behalf of the Jaycees Pe-
tition. Councilman Lundh moved
the application of the Dubuque Jay-
cees be approved. Seconded by Ma.
yor Thoms. Carried by the following
vote:
->t."
Yeas - Mayor Thoms, Council.
men Lundh, Stackis.
Nays - Councilman Brady.
Absent - Councilman Justmann.
There being no further business,
Mayor Thoms moved to adjourn the
meeting. Seconded by Councilman
Stackis. Carried hy the following
vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays - None.
Absent - Councilman Justmann.
Leo F. Frommelt
City Clerk
APIProved
....................................119'/14
Adopted . ...........................................:L9'/'4
...........................................................
Mayor
............................................................
............................................................
Councilmen
Attest: """"ëiiÿ"ci~~k:"""""""""""
Regular Session, July 1, 1974
359
CITY COUNCIL
OFFICIAL
Regular Session, July I, 1974.
Council met al 7:30 P.M. (C.D.T.)
Presenl-Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Slackis. City Managar Gilbert D.
Chavanelle.
Mayor Thoms read the call and
stated that service thereof had
heen duly made and this meeting
is the REGULAR MONTHLY
MEETING.alled for the purpose
of acting upon such business as
may properly come before the
meeting.
Communication of Low-R e nt
Housing Commission submitting
minutes of their meeting of June
18, 1974, presented and read. Coun-
cilman -Justmann moved the com.
munication be received and filed.
Seconded hy Councilman Brady.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmaun, Lundh,
Staekis.
Nays-None.
Communication of Administra-
tive Ass't. Vermeer to the Gov-
ernor of the State of Iowa, ad-
dressed to the Mayor, appreciating
interest in raJlroads and advising
that the Mayor's letter will he sent
to the State Department of Trans-
portation, presented and read.
Councilman Justmann moved that
the communication be received
and filed. Seconded by Councilman
Brady. Carried by the following
""te:
Yeas - Mayor Thoms, Council-
men Brady, Justmaun, Lundh.
Stackis.
Nays-None.
Communication of Amtrak thank.
ing the Mayor for his correspond-
ence requesting additional Amtrak
service to Northern Iowa, present-
ed and read. Councilman Justmann
moved that the communication be
received and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Staekis.
Nays-None.
Communication of Iowa State
Highway Commission submitting
Pl'Iimary Road extension agreement
for maintenance and operation
from July I, 1974, thru June 30,
1975, in the amount of $3583.50,
presented and read. Councilman
Justmaun moved that the com-
munication be received and filed
and refer to City Manager for
signature. Seconded by Council-
man Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of P1anning &
Zoning Commission submitting
minutes of their meetings of May
22, and June 19, 1974, presented
and read. Councilman Justmann
moved that the communication be
received and filed. Seconded by
Councilman Stackis. Carried hy the
following ""te:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
June 28, 1974
Honorable Mayor and
City Council
The Advisory ComŒnission has
responded to your request for a
study of alternatives and a rec-
ommendation for housing city gov-
ernment. The recommendation of
the commission is a plan which
includes the purchase of the Med.
ical Associates building, when va-
cated, for a maximum of $380,000
and the use of the facility with
the present city hall. This pro-
posal in""lves the least cost to
the taxpayer and provides the most
useable space.
Although there is no recommen-
dation for renovation of present
city hall, there is recommendation
implied that it be well maintained
and used to the best advantage
of the city and remodeling inci.
dental to such use would be ad-
vised. The proponents of plans
involving renovatiou of present
city hall indicated to the commis-
sionthat federal funds are avail-
able for use in repair and renovat-
ing of buildings on the National
Register of Historic Buildings.
Some of the research material
submitted by the various study
committees is enclosed. This may
be helpful in your review of our
recommendation. I feel that the
chairmen of the study committees
also may be called upon by you
for further information or back-
358
Special Session, June 28, 1974
Edward A. Bailey, 1298 Main Street
Eugene Arthur otting, 1689 Elm St.
Kenneth Jerome Love, 802 Central
Avenue
passed, adopted and approved
this 28th day of June 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Yeas - Mayor Thoms, Council-
men Lundh, Stackis.
Nays - Councilman Brady.
Absent - Councilman Justmann.
There being no further business,
Mayor Thoms moved to adjourn the
meeting. Seconded by Councilman
Stackis. Carried by the following
vate:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays - Nane.
Absent - Councilman Justmann.
Leo F. Frommelt
City Clerk
Attest:
Leo F. Fromme1t
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent - Councilman Justmann.
fot:,~~:~o:f ~u:~i.:t ~~~~:: I
from 1023'" Main Street to 2241 '
Lincoln Avenue, presented and
read. Mayor Thoms moved to sus-
pend the rules to let anyone address
the Council if they so desire. Se-
conded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent - Councilman Justmann.
Dennis Naughton addressed the
Council on behalf of the Jaycees Pe.
tition. eouncilman Lundh moved
the application of the Dubuque Jay-
cees be approved. Seconded by Ma-
yor Thoms. Carried hy the following
vote:
APIProved .......................................119'/14
Adopted ..... .................................-...19'/14
Mayor
............................................................
............................................................
Councilmen
Attest: '."""ëïiÿ"ci~~k:"""""""""""
Regular Session, July 1, 1974
359
CITY COUNCIL
OFFICIAL
Regular Session, July 1, 1974.
Council met al 7:30 P.M. (C.D.T.)
Presenl-Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Slackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
heen duly made and this meeting
is the REGULAR MONTHLY
MEETING called for the purpose
of acting upon such business as
may properly come before the
meeting.
Communication of Low-R e nt
Housing Commission submitting
minutes of their meeting of June
18, 1974, presented and read. eoun-
cilmanJustmann moved the com.
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays-None.
Communication of Administra-
tive Ass't. Vermeer to the Gov-
ernor of the State of Iowa, ad-
dressed to the Mayor, appreciating
interest in raJlroads and advising
that the Mayor's letter will he sent
to the State Department of Trans-
portation, presented and read.
Councilman Justmann moved that
the communication be received
and filed. Seconded by Councilman
Brady. Carried by the following
""te:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Stackis.
Nays-None.
Communication of Amtrak thank-
ing the Mayor for his correspond-
enee requesting additional Amtrak
service to Northern Iowa, present-
ed and read. Councilman Justmann
moved that the communication be
received and filed. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Iowa State
Highway Commission submitting
Primary Road extension agreement
for maintenance and operation
from July 1, 1974, thru June 30,
1975, in the amount of $3583.50,
presented and read. Councilman
Justmann moved that the com-
munication be received and filed
and refer to City Manager for
signature. Seconded by Council-
man Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of P1anning &
Zoning Commission submitting
minutes of their meetiogs of May
22, and June 19, 1974, presented
and read. Councilman Justmann
moved that the communication be
received and filed. Seconded hy
Councilman Stackis. Carried by the
following ""te:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
June 28, 1974
Honorable Mayor and
City Council
The Advisory CoJDmi&<¡ion has
respanded to your request for a
study of alternatives and a rec-
ommendation for housing city gov-
ernment. The recommendation of
the commission is a plan which
includes the purchase of the Med-
ical Associates building, when va-
cated, for a maximmn of $380,000
and the use of the facility with
the present city hall. This pro-
posal involves the least cost to
the taxpayer and provides the most
useable space.
Alth"ugh there is no recommen-
dation for renovation of present
city hall, there is recommendation
implied that it be well maintained
and used to the best advantage
of the city and remodeling ind-
dental to such use would be ad-
vised. The proponents of p-lans
inv"lving renovation of present
city hall indicated to the commis-
sionthat fuderal funds are avail-
able for use in repair and renovat.
ing of buildings on the National
Register of Historic Buildings.
Some of the research material
submitted by the various study
committees is enclosed. This may
be helpful in your review of our
recommendation. I feel that the
chairmen of the study committees
also may he called upon by you
for further inf"rmation or back.
360
Regular Session, July 1, 1974
ground on the resoorch if you
wish.
Robert L. Luthro
Chairman
Advisory Commission
Mayor Thoms moved that the
communication be received and
filed and referred to Council for
session with Advisory Commis-
sion. Seconded by Councilman
Lundh. Carried by the following
""te:
Yeas - Mayor Thoms, Council-
men Brady, JustmanD, Lundh,
Stackis.
Nays-N"De.
June 28, 1974
To the Honorable Mayor and
Memhers of the City Council
In accordance with the prov!o
si"ns of Chapter 365 of the Code
00 Iowa, 1973, the Civil Service
Commission conducted Entrance
examinations on April 11, 1974
fOr applicants seeking positions on
the FIRE Department.
The following l18Dled applicants
~;~~r'e:x~a:~:,';,S wri.=n ~ I
hereby certified for appointment
w the FIRE Department.
Schreiber, James E. 91%
Danielson, Richard P. 84%
Weiss, Neil E. 84%
carroll, Dennis J. 77%
Kutsch, Patrick L. 77%
Theisen, Steven J. 76%
Marvin A. VanSickle
Chairman
Lonis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 1st day of Jniy 1974.
Z. D. Hantetmann
Notary Public
Mayor Thoms moved the com-
munication be received and filed
and made a matter of record. Sec-
onded ,hy Councitman Brady. Car.
ried by the following vote:
Yeas - Mayor T1wms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Jtùy 1, 1974
To the Honorable Mayor and
Members 00 the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
"""'""
Commission conducted entrance
examinations on Aprii 9, 1974 for
applicants seeking positions to the
POLleE Depar.trnent,
The following l18Dled applicants
have passed both the written and
physical examinations and are
hereby œrtified for appointment
to the POLICE Department.
Hanfelt, carol A. 80%
Schaefer, Thmnas F. 75%
Weiss, Neil E. 730/.
Albrecht, Louis B. 72%
KUDAu, Charles E. 72%
Marvin A. VanSickle
Chairman
Lonis F. Fautsch
Cioil SeI"lice
Commission
Mtest:
Leo F. FrOl1DllCh
Clerk
Suhscribed and sworn w before
me this 1st day of July 1974.
Z. D. Hantelmann
N"tary Public
Mayor Thoms moved the com-
munication 'be received and filed
and made a ma-tter of record. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
staekis.
Nays-None.
June 25, 1974
Honorahle Mayor
and City Council
I herewith submit the reports
of ,the City Auditor, Treasurer,
Health DepartlDent, Warer Depart-
mentand a list <>f c1aims paid for
the month of May 1974.
Respectfully
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seoonded by Council-
man Lundh. Carried by the fol-
lowing V<>te:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Proof of Publication, certified
to by the Puhlisher of P1anned
Use Report General Revenue Shar-
ingas published on June 21, 1974,
presented and read. Councilman
Stackis moved the proof of pub-
lioation be received and filed. Sec-
onded by Councilman Lundh. Car-
riedby the following ""te:
Regular Session, July 1, 1974
361
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Notice of Claim of Jerry Snutt.
jer in an undetermined amouut,
for personal injuries received in
a fa-li in the street at the inter-
section of 6th and Bluff Street on
May 21, 1974, presented and read.
Councilman Brady mov'ed the No-
tice of Claim be referred to the
City Solicitor for proper proceed.
ings. Seconded by Councilman
Lundh. Carried by the following
vote:
Yea.. - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Notice of Claim of Gerald T.
Doiter, in the amount of $4057.,
for storm damage incurred as the
result of a tree falling on to his
home at 1090 Glen Oak on June
20, 1974, presented and read.
Councilman Brady moved the No-
tice of Claim be referred to the
City Solicitor for proper proceed-
ings. Seconded by Councilman
Lundh. Carried by the following
vore:
Yeas - Mayor Thoms, Council-
men Brady, JllS'tmann, Lundh,
Stackis.
Nay~ne.
Notice of C1aim of Elmer G.
Thomas, in the amount of $15.00
for replacement 'Of a mail box
which was d>estroyed while push-
ing trees off the road "t 2700
Roosevelt Street on June 20, 1974,
presented and read. Councibnan
Brady moved the Notice of Claim
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Lundh. Carried by
the folloWÙ1g vote:
Yeas - Mayor Thoms, Council-
_n Brady, Justmann, Lundh,
Stackis.
Nays.-.None.
June 27, 1974
Hwwmble Mayor
and City Council
On February 26, 1974, Mrs. Mary
J"ne Kelly of 433 West Locu&t,
Dubuque. Iowa, filed claim against
the City of Dubuque for personal
injuries in an unstated amount
and alleging that she received
brnises, contusions, and bursitis
of the right peloic area on Jan-
uary 28, 1974, as a result of a fall
due to rough and uneven ice in
the street at the bus stop at Fourth
and Main Streets.
This matter was referred to the
City Attorney who has made an
investigation thereof and has con.
kITed with the claimant, and
claimant has made an offer of
settlement of said claim in the
amount of $50.00. It is the rec-
ommendation of the City Attorney
that said offer of settlement be
accepted and that the City Auditor
be directed to draw warrant pay-
able to Mrs. Mary Jane Kelly in
the amount of $50.00 and to trans-
mit same ,to this üffiee for delivery
upon receipt of duly executed reo
leases.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Councilman Brady moved the
recommendation of settlement be
approved. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, JustnuJ.nn, Lundh,
Stackis.
Nays-None.
Proof of Puhlication, certified to
by the Publisher, of Notice of
Hearing to rezone 150' in depth
and 625' north of Davis Avenue
adjoinin,g Xavier Hosp;tal from
Multiple Planned Unit develop-
ment classification to HospiW
Medical Zoning District Classifica.
tion (Sisters of St. Francis), pre-
sented and read.
No written objections were filed
and no oral abjectors were present
in the Council Chamher at the
time set for the hearing.
Councilman Brady moved that
the proof of publiC'ltion be receiv-
ed"nd filed. Seconded by Council-
man Stackis. Carried by the fol-
lowing ""te:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
June 27, 1974
Honorable Mayor and
Councilmen
The City of Dubuque Planniug
and Zoning Commis.siQn has re-
viewed a petition of the Sisters of
St. Francis, requesting the north-
erly extension of the Hospital-Med-
ical zoning district on their prop-
erty. The Commission has been
made aware of the technical diffi-
_u_""""
362
Regular Session, July 1, 1974
cultres in locating a medical build-
ing within the limits of the exist-
ing Hospital-Medical zoning dis-
trict, and has determined that the
northward extension of the district
boundary does n<>t constitute a
significant change to developm"nt
plans for tbearea.
The Planning and Zoning Com-
mission has recommended th~t the
Hospital.Medical District be ext"nd-
ed northerly an additional 150 feet
as requested by the Sisters of St.
Francis.
CITY pLANNING AND
ZONING COMMISSION
Daniel mttemore
Development Planner
Councilman Brady moved that
the communicati<>n be received and
filed. Seconded by Councilman
Stackis. Carreid by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
ORDINANCE NO. 42-74
An Ordinance Amending and
Changing Ordinance No. 3-34,
Known as "The Zoning Ordin-
ance and Zoning Map of the City
of Dubuque, Iowa," so as to
change certain hereinafter de-
scribed property from Mulliple
Residence.Planned Unil Develop-
menl District 10 Hospital.Medical
District,
said Ordinance having been pre-
viously presented and read at the
Council meeting of June 10, 1974,
presented for final adoptioTh
ORDINANCE NO. 42-74
AN ORDINANCE AMENDING
AND CHANGING ORDINANCE
NO. 3-34, KNOWN AS "THE ZON-
ING ORDINANCE AND ZONING
MAP OF THE CITY OF DU-
BUQUE, IOWA", SO AS TO
CHANGE CERTAIN HEREINAF-
TER DESCRIBED PROPERTY
FROM MULTIPLE RESIDENCE-
PLANNED UNIT DEVELOPMENT
DISTRICT TO HOSPITAL-MEDI-
CAL DISTRICT
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA,
Se"ion 1. Th.t O,din,n" No. 3-34,
known" "the Zoning O,dimn" ,nd
Zoning M,p of the ,ity of Dubuque, low,"
be ,nd the "me ¡, h"eby ,mended by
,h,nging !tom "Multiple R"iden,,-P),n-
nod Unit Development Dim"t" cl",ifi,,-
tion to "Ho,pi"l-Medi,,1 Dimi,," d",i-
fi",ion the following de",ibed ",I ""te,
to wi"
Commendng " , poin' on the E"t
line of the W"t Y, of Lot 2 of the
Southw"t ¥. of the Southe"t Y. of
Se,tion 12, T89N, R,nge 2 E"t of the
,th P,in,ip,1 M"idi,n, lying '" f",
no"h of ,he ",uth line of "id S"tion
12, then" w"tedy , di",n" of 'p-
p,oxim"dy 630 feo' to the W'" line
of "id W"t Y, of 1.0' 2 of the South-
we" y. of ,he Sou,he"" Y. of S"tion
12, then" no"hedy ,long "id We"
line' di",n" of 1" foot, then"
E""dy , di",n" of ,pptOxim"dy
630 foot to the E"t line of ,,¡d W"t
'h of Lot 2 of the Southwe" ¥4 of
the Southe"t '14 of S"tion 12, then"
Southedy , di",n" of I" feet to the
point of beginning.
S"tion 2. Th" the fo"going Amend-
ment h" hmtofo" been ",ommended by
the P)'nning ,nd Zoning Commi"ion of
the City of Dubuque, low,.
P""d, 'pproved ,nd ,dopted thi, ht
d,y of July, 1974.
AI),n T. Thorn'
M,yo'
Alvin E. Lundh
Emil S",ki,
J,m" E. Budy
C. Rob"t Ju'tm,nn
Coun,ilmen
ATTEST,
Leo F. FtOmmelt
City CI"k
Publi,hed offid,lIy in the Teleguph He-
uld New'p'p" thi, 5th d,y of July, 1974.
Leo F. F,ommelt
City CI"k
1t.7-'.
Mayor Thoms m<>ved final adop-
t!<>n <>f the Ordinance. Seconded
by Councilman Lundh. Carried by
the foll<>wing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays- None.
June 20, 1974
Honorable Mayor
and City Council
I return to you the petition re-
questing stop signs at the Fengler
and Lincoln Avenue intersection. I
also submit for your consideration
an ordinance requiring vehicular
traffic on Fengler to stop at lin-
coln.
In support of the proposed ord-
inance I attach a copy of a letter
from Chief O'Brien and recom.
mend that the ordinance be adopt-
ed.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Councilman
Brady. Carried by the following
""te:
Regular Session, July 1, 1974
363
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
ORDINANCE NO. 43-74
An Ordinance Amending Ord-
inance No. 33-49 known as Ihe
"Traffic Code of Dubuque, Iowa"
as amended by adding a new
Subsection 27 10 Section A of
Schedule III lhereof 10 provide
Ihat Eastbound and Westbound
Vahicles on Fengler Streel must
stop befora enlering the Inler-
section of Lincoln Avenue and
Fengler Sireet,
presented and read.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Councilman Justmann moved
that the rnie requiring an Ordin-
ance to he read on three separate
days be waived. Seconded by May-
or Thoms. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
ORDINANCE NO. 43.74
AN ORDINANCE AMENDING OR-
DINANCE NO. 33-49 KNOWN AS
THE "TRAFFIC CODE OF DU-
BUQUE, IOWA", AS AMENDED
BY ADDING A NEW SUBSECTION
27 TO SECTION A OF SCHEDULE
III THEREOF TO PROVIDE THAT
EASTBOUND AND WESTBOUND
VEHICLES ON FENGLER STREET
MUST STOP BEFORE ENTERING
THE INTERSECTION OF LIN-
COLN AVENUE AND FENGLER
STREET
NOW THEREFORE BE IT OR-
DAINED BY THE CITy COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
Se,tion 1. n" O,din=" No. 33-49
known" the "Tuff" Code of Dubuque,
low," " 'mended, be =d the "me i,
hmby ,mended by enming , new ,ub-
""ion 27 to S",ion A of S,hedole
III thmof " follow",
"SCHEDULE III
A. E",bound =d w"tbound ve-
hid" mwt "op befo" ente<-
ing the int"""ion of,
27. Lin,oln Avenue ,nd Fengl"
Steeot."
P""d, ,pp,oved 'nd ,dopted th¡, Itt
d,y of July, 1974.
AI),n T. Thorn,
M.yor
Alvin E. Lundh
Emil S"d",
J,m.. E. Budy
C. Rob", Ju'tm,nn
Coundlmen
ATTEST,
Leo F. Frommelt
City Cl"k
Pubfuhed offichUy in the Tde.uph
Hmld New,p'p" thi, 5th d,y of July,
1974.
Leo F. Fmmmdt
City CJ"k
IL 7-$.
Councilman Justmann moved fin.
al adoption of the Ordinance. Sec-
onded by Mayor Thoms. Carried by
the following v<>te:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 44-74
An Ordinance Amending Ordin.
ance No. 33-49 known as "Tho
Traffic Code of the City of Du-
buque, Iowa" by repealing Sec-
lion 5.2 thereof and enacting a
new Saclion 5.2 in lieu Ihareof 10
provide for right lurn on red
Iraffic lighl and provide for left
lurn on red Iraffic lighl,
presented and read.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Stackis. Carried by the f<>llow-
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
Councilman Justmann moved
that the rule reqniring an Ordin-
ance to be read on three separate
days be waived. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
ORDINANCE NO. 44-74
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 KNOWN
AS "THE TRAFFIC CODE OF
THE CITY OF DUBUQUE, IOWA"
BY REPEALING SECTION $.2
S64
Regular Session, July 1, 1974
THER£OF f,ND ENACTING A
NEW SECTION I.~ IN LIEU
THEREOF TO FROVIDE FOR
RIGHT TURN ON RED TRAFFIC
LIGHT AND FROVIDE FOR LEFT
TURN ON RED TRAFFIC LIGHT
NOW THF.lŒFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, lOW^,
Soc<ion 1, Th.. O,dinan« No. ,,-49
known" "T"ffi, Cod, of ,h, Ci'y
of Dubuqu" Iowa" b, ond ,b, "m' i,
h",by am,nd,d by "p"ling S,,"on '.2
,J,moi and ,n,,"ng a now Soc,;o. ,.2
;.. lieu ,h"",f ., follow"
"5.2 Wh,n,w ",W, i, ,on,roll,d
hy ",ffie coo<rol '¡gnal lighu ,h, fol-
lowing ,igoo' only .hall ¡,., u"d and
"id lighu ,hall indi,," .. follow..
I. G"", Alon~ v.hicul.. ",Hi,
lac"," ,h, ,igool ..&y ."",..d
",aigh' ,h,Qogh .' ,"eo ""I" Q'
l,ft onl", a ";>10 at ooeh pbe<
p,"hibiu "th" '0'1, 'om. h'
yohieol.. "aW, ,hall yiold ,h,
,igh, of way ro o,h" vohid"
and p,d""ia.. bwfolly ..i,hi.
,h, in"",,"on " ,h, "m, ,"cb
,ignal i, "hihi"d. Emp' at
;"",""io.. wh,... ped..,da.. ..,
c..."o\l"¡ by ,.."a" "Wolk"
lig.", p<ð""i.." £adng ,h, oi¡-
oal may p,o",d "'"" ,h, 'o,d-
way wi,hin any ",..k,d °' un.
m..ked c<o"w,dk.
2. Yollow al.., wI"", ,hown fol-
lowing ,h, g"on 0' "Go" ,ig-
nal. V,hieul.. "aWc f"ing ,h,
.t".,1 dull u"" b,lo... ,n"dng
,h, n"- c"",walk .. ,b, in"~
,.",ion ond ..""in "onding un,U
g"on Q( "go" i, ,hown olon<.
bo', if ,ocl>. a UQp "noO' b,
",ad, in "f«y, a v.hic;, may b,
d,iv," caudoo';y ,hrough ,h, io-
""""on. Ex«p' " i.."""io..
,.bozo pod.."i"" '" co.uall,d
hy "pm" "walk" lighu, M
",d.."ian ,hall ..'" ,h, ,oad-
way unl", h. ca. do '° "f,ly
aDd w!thou, in,..f"'Dg wi,h yo-
hicul.. ",Wc.
J. V,hi,ub, ",Wc f.clng a ",ady
wi "".,1 alo.o. ,hall "°1' a' a
d,..\y ",..k"! "01' ¡W, bu' if
non<, "'I~" .."dns ,h, «...-
",alk no ,1>., .." ,ide of ,h,
",,"".";"D, Q' if """,,, .b,o b,.
fo" .n",ing ,h, in""",;"n, and
.ball "m';n ..anding undl an
low"n.. '° p,Q".,ø i, 'I>.own.
A ,igb.' ,,"'. .b.all b, pwni""¡
.. an in"",c<ion by ve.icul...
",Wc which h... co.., '° a
complm "01', unl", a ,isn i,
i. 01.., p<ohibinng. ...,h . ,um.
ADY ""h, tum mad, ou"",nt
tQ ,jU, ",h""do. ,holl he mod,
in ""I>. a ..onn" eh" i' d""
.." ¡nted"" with ot!>', yonicul"
.e ",,<let"'" "aI", ¡'wl.lly u,-
ing th, int"","on.
..",
V,l>.it.l... ",W, "" a Oo<-..oy
""" bcing a ""dy w! ,ig.al
may, af", making a "°1' p"'.-
an' eo th~ ,ub,..,ion, "u,i."'¡y
,n'" th, iot"""ion and make
0 left 'QtD 00'. on inc"","ng
on,-way "teot 00 w!>.ic. e"Wc
e",,1i to ch, 10£" uol", a ,ion
i, in pI", p,ohihidn, ,u'l>. a
tum. A.y I,f< cU," mad, pu,-
,..n' '° ,n~ ,uh""ion ,hall n,
..ad. i. ..cl>. a ..an..e ,b.. i,
do<a .ot in...f", with .,..,
vdUcul.. .t p,da""a. t"Wc
bwiully u,,;n, tn' in""""o",
No pede"".. """; '001>. ~s-
nal .boll 'nW th, ",.dw,," un-
I", h, can do '° "Iely and witn-
out inted"ing wiel>. any ..Mc.l..
t"WC, hu' a vohid. <oming ,ignt
.. ,u,h "'t",..don '!ull yiold
,n, ,ipt of way'" a p,d.."iao
¡'wfully ..",ing ,ucn int...",-
"on.
.. ¡¡'ed with g..... mow. V,ni,ol..
",Hi, f"ing ,ucn ,igo,1 ...y
"utio",ly """ ,ne int",..tlon
only to mok,- <loa move..,~' indi-
"ted by ,ucn mow b., ,han
not in",f", whl>. otl>... "hieub,
",ffi, oe p,d",dan, lawf.lly
wi,ni. th, ine",""'.' Exc'l't ..
mt"""i... wnm ¡><de.."a.. ..,
co...on,d by ..pa<'" "Walk"
ligh", no ""d","an facins ,ucl>.
,i¡;nol ,ball 'ntee ,n, roadway
unl", 1>., can do '" "fely and
witho., i.",f,dng with any v,,"
nicul.. ",ffic.
s. Fl.,hing "d (Seop ,ignal). W.e.
a "d l,n' " illu..in..cd by "pid
in",..i"'n' £I..h.., d,iv'" of
v'¡';c¡" ,nail "Of b,I... en"'-
ing tn, n.."" "",,walk.. an
in""'c"o' oe .. a limi, tIn,
wh,n m..k,d and en, ,igh' '°
pwc"d ,han h, ,ubi"" eo ,n,
""b appli..hl. af... making a
"op " a "°1' ,ig..
~. FI..Wng y,now (C,.cion ~g.al).
WI>... a y,lIow t,n' " 'llumm.t,d
wid, "pid in""""'" Haw.,
ddm' of "bid" may p'<><"d
thwugh tl>., in""""oo °' pa"
,ucl>. "",w only wit!> "."on.
7. "Walk". A' int"'"tion, wl>...,
'1;" w",l.ying tb.e wo,d "W.lk"
m in """"io.. p<d""i.." dull
coofo,,', t. ,he w,,'_tioo> 01 ,uch
.ig.a!.. Wh,n th, woed "Walk"
i, ligheed, ¡>«btdan' f"ing ,",h
'¡g.ol may p,"cw! ""igl>.' "'O"
tit, ..ad~y wi,hin any m..ked
oe unmarlwl "o"..alk. Wn,n th'
",.ed "Walk" i. .ot lighted, pod,,-
tda.. "cins ..,n '¡gnal ,nail
no' ,ot" th, wadway. Wh.. eb,
woed ""'olk" ia '¡mul..."",,'!,
Iione... Oft all foue '"""" of
any in""""';'" .ode,...an, may
,.... e... """"y 10 "'y die,,-
"on.
P....d, app'...d aod adoptod
day of July, 1974.
Allan T. Thorn,
May..
Alvin E. Lnodh
Jam.. E. IIndy
Co Rob", J",""ann
Em,l St"ki,
Councilm'n
chi, ,..
Regular Session, July 1, 1974
3115
ATTEST,
L,o F. Feomm,t,
City CI"k
Publlih,d officially in th, Tel,gnpn
Hmld N,..,p""e tni, hn day of July
1974.
L.. F. Fromm,l,
City Cleek
It. '-!.
Councilman Justmann moved
final adopticJn of the Ordinance.
Seconded by ecJuncilman Stack!B.
Carried by the following velte:
Yeas - Mayor Thoms, Council-
men Brady, JustmlmD, Lundh,
Stacki.s.
Nays - N()ne.
Petition of Thruput Terminals
Ine., requesting approval and issu-
ance of a building permit for the
repair of a hnilding located on
Third Street north 00' the Ice Har-
bor, presented ,and read. Council-
man Justmann moved to suspend
the rules to let anyone address the
Council if they so desire. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
MJtorney Robert Bertsch, ad.
dressed the Council in 'behalf of
Mr. Burbach. He cited various
dates where the City and Dock
Board were contacted but never
received a reply. F1oor and roof
need repair. All they want to do
is to preserve the property. The
property must be Improved to
make it useahle. carl Burbach
stated that the rails are needed
and can <>perale without the water-
front at present. They are willing
to cooperate with the City for the
waterfront. For the preseDJt, they
need to repair roof, windows, and
floor to receive railroad freight,
which would reqnire about $40,000.
Mayor Thoms moved the petition
of Thruput Terminals Inc., be ap-
proved and referred to the City
Manager and Cily Solicitor. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
Petition of Robert McGovern,
1710 Central Avenue, being of the
opinion lhat he is being discrim.
inated against in the iss"""". of
parking tickets, presented and
read. Mayor Thoms moved the peti-
tion be related to ,the Solicit....'.
office and Traffic Department. Sec-
onded by Councitman Justmllnn.
Carried by the foliowing vote:
Yeas - MayOr Thoms, Council-
men Brady, Justmann, Lundh,
StaclW.
Nays-None.
Petition of N41Wy 1.. Slattery re-
questing thàt a resolution .])& di.
1'èèted ,w the Govern-or Of IcJwa,
State Legislature, And Departm.ent
Q£ Public Safety, &bowing aware-
De9sand support cJf a Mðtorcycle
Helmet Law fcJr the State, presoent-
ed and read. Councilman Brady
moved -the City Solicitor be eIi-t.
ed to draw up propèt resolUilton.
Seconded by CounciJrmm Lundih.
Carried by the foilowin¡¡ vote:
Yeas - Councilmen Brady, Just-
mann, Lundh, Stackis
Nays - Mayor Thoms.
Communication of Mrs. John B0l-
en submitting petitions of young-
sters requesting bike paths, wider
sidewalks, cleaner parks, roads,
painting of school érosswàlks at
Irving School, stop lights at Booth
& Dodge Streets, s\VÌnUh\ng pcJol
in Sherwood Park, repair Rockdale
Road, museum park by the river,
presented and Mad. Mayor ThcJms
moved the petitions be received
and filed and referred to the CcJun.
cil, Recrcation Department, Park
BOård, and Traffic Department.
Seconded by councilina.n Brady,
Carried by the foilowing vate:
yeas - Máyor ThcJms, Counéil-
men Brady, JUSltmann, LlUldh,
Stacki8.
Nayg - None.
Peti,tjon of Joseph E. Bell, reo
questing refund of $150. on Class
"B" Beer Permit NO. ß..74, as he
has discontinued business on June
15, 1974, presented and read. May.
or Thoms moved the refund be
granted and the City Auditor be
directed to issue proper warrant.
Seconded by Councilman Stack!s.
Carried by the foliowing vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
366
Regular Session, July 1, 1974
Nays - Councilman Brady.
Petition of Tri.State Softball
Tournament requesting refund of
$225. on the unexpired term of
Class "B" Beer Permit No. S-B-
1480, as they have disconilinued
business on June 24, 1974, present-
ed and read. Mayor Thoms moved
the refund be granted and the City
Auditor be directed to issue proper
warrant. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays - Councilman Brady.
petition of St. Patrick's Church
requesing refund of $225. on un-
expired Class "B" Beer Permit No.
B.O98O, as they have discontinued
business on June 1, 1974, presented
and read. Mayor Thoms moved the
refund be granted and City Auditor
directed to issue proper warrant.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays - Councilman Brady.
June 13, 1974
To the Honorable Mayor and
City Council
Attached is a proposed resolu-
tion and application for a com-
IlUnity-based Youth Services sys-
tem and supporting material for
the Youth Services Program in
Fiscal Year 1975 (July 1, 1974-June
30, 1975).
The proposed budget for Du-
huque Youth Services in Fiscal
Year 1975 is $54,442.00. Of this
amount approximately 50% or
$27,500.00 will -be financed with
federal funds through OPP and
$28,942.00 will be financed from
City funds.
In 1974 the Dubuque Youth
Services hudget 'Was $55,000.00.
Of this total OPP financed
$44,000.00 and .the City financed
$11,000.00.
In preparation of the 1975 Fiscal
Year budget we had planned main-
tenance of the Youth Services ac-
tivities at the 1974 level. When the
budget was prepared we had an-
ticipated .the City's cost would be
$18,021.00. In order :for us to
maintain the present level of serv-
ices it will be necessary for us to
increase the budgeted amount pro-
vided by the City by $8,921.00. An
amendment to the budget will be
made at a later d"te.
We would therefore recommend
that the City Council approve the
attached resolution which authoriz-
es the City Manager to proceed in
filing the necessary documents for
securing funds from the Office
of Planning and Programming and
providing local funding for contin-
ued oper"tion of Youth Services in
Fiscal Year 1975.
Francis A. Murray
Assistant City Manager
Mayor Thoms moved that the
communication he received and fil-
ed. Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Juslmann, Lundh,
Stackis.
Nays - None.
RESOLUTION NO. 256-74
WHEREAS, The City of Dubuque
has been asked to cou.tinue spon-
soring Youth Services, and
WHEREAS, The State of Iowa
and the Departmenil of Health,
Education and Welfare have ex-
pressed their continued support,
and
WHEREAS, Youth Services is
becoming an important coordinator
and delivery agent of community
services geared to the growth and
development needs of all youth
and their families, and
WHEREAS, Youth Services iden-
tifies gaps in services and pur-
chases needed services when no
()ther alternatives are avai1able,
and
WHEREAS, Youth Services is
working to change attitudes and
practices which contribute to de-
linquency, and
WHEREAS, The City Council of
this City does hereby support the
concept and continued oper"tion
of Youth Services:
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section I. That the City Council
does hereby authorize the City
Manager to sign all documents,
make application and provide the
local share of funding, for contin-
ued operation of the Youth Servic-
es Projeot for the period July 1,
1974 through June 30, 1975, in
the City of Dubuque forthwith. Ex-
penditure limited to $26,942.00 of
City funds.
Regular Session, July 1, 1974
Passed, approved and adopted
this 1st day of July, 1974.
Allan T. Thoms,
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
areas within the Washington Street
neighborhood from and after the
adoption of this Resolution and, in
no event, no later than the 8th day
of July, 1974, the following chang.
es shall be' placed into effect for
a period n()t to exceed ninety (90)
days, to-wit:
Diagonal intersection enclosure
shall be made at Washington
Street at its intersection with
15th Street, with 16th Street,
18th Street, and 19th Street, and
said closure shall be ten (10) feet
in width.
Section 2. A Tot Lot shall be es-
tablished at 16bh Street from White
Street to Jackson Street and dia-
gonal parking, that is to say, park-
ing of motor vehicles at a 45 de-
gree angle shall be permitted with-
in such boundary.
Section 3. Seventeenth Street
from White Street to Jackson
Street and from Elm Street to
Washington Street and one block
therein shall be completely closed.
Section 4. The foregoing chang-
es shall be deemed of a temporary
nature and shall be in existanee
not to exceed 'a period of ninety
(90) days from the effective date
of such changes.
Section 5. That the City Manag-
er of the City of Dubuque, Iowa,
be and he is hereby authorized
and directed to affect and to imple-
ment such changes, and at the ap-
propriate time to make a written
report of his findings to the City
Council.
Passed, approved and adopted
this 1st day of July, 1974.
Allan T. Thoms,
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
.the resolutiou as amended. Sec-
onded by Councilman Stackis. Car-
ried hy the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - Councilman Justmann.
Petition of Merlin L. Heiar et al
(37 signers) objecting to barricad-
ing the intersections at 18th and
19th Streets on Washington Street,
presented and read.
Attorney Chas. Kintzinger, ad-
dressed the Council on behalf of
the husinesses in the 19th Street
area. He was of the opinion that
there are .too many businesses in
the 18th and 19th Streets area that
would be seriously affected as to
loading and unloading of merch-
andise Mr. Heiar stated the are,a
should' not be subject to experi-
ment. Frank Grote of the Cask"t
Company protested in the iuterest
of the stockholders and stated any
barricade would seriously hamper
his husiness especially when mer-
chandise comes in and goes out
when semis are used. Attorney
St"phen Seott also objected. Mrs.
Heiar and Susan Yaeger also ob-
jected to any harricading of .the
area. Councilman Justmann mov"d
the Petition of Merlin 1.. Heiar be
received and filed. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
RESOLUTION NO. 257.74
Resolution placing into effect
certain Iraffic and parking
changes wilhin a portion of
Washinglon Sireet Neighborhood
for a period not 10 exceed Nine-
ty (90) days
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL,
CITY OF DUBUQUE, IOWA:
Section I. For the purpose of I
making a study of the specific
Attest:
Leo F. Frommelt,
City Clerk
Councilman Brady moved adop-
tion of .the resolution. Seconded by
Councilman Stackis. Vote on the
motion was as follows:
Yeas-Councilmen Brady, Stack-
is.
Nays - Mayor Thoms, Council.
man Justmann.
Abstain - Councilman Lundh.
MOTION FAILED.
Mayor Thoms moved final adop-
tion of the resolution subject .to
discr"tion of the City Manager and
367
368
Regular Session, July 1, 1974
Engineering Department and sub-
ject to discussion with the neigh-
borsand businesses in the area.
Seconded by Councilman Justmann.
Oarried by the following v~te:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh
Nays - None.
Abstain - e~uncilman Lundh.
COUNCIL REX:ESSED AT 10:05
P.M. RECONVENED AT 10:15 P.M.
RESOLUTION NO. 258.74
Accep\'ing Work Perfonned Un-
der Demolition Contracl No. 1-
72 for Ihe Downlown' Urban Re. I
newa! project, Iowa R-15
WHEREAS, Demolition Contract
No. 1-72 executed under date of
July 6, 1972 with F. N. Sm1th Con-
struction, Inc. and K. W. Gaber
Construction Company for the re-
moval 'and site clearance of various
structures and other site improve-
ments in the Downtown Urban Re-
newal Project area has been com-
pleted; and
WHEREAS, upon recommenda-
tion of the City Engineer and the
Director of Housing and Redevel-
opment, the City Manager has ex-
amined the work and finds that the
work has been completed in ac-
cordance with the terms of the
Contract and recommends its ac-
ceptance; now therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That ,the recommenda-
tion of the City Manager be ap-
proved and that said work be and
the same is hereby accepted.
Passed, approved, and adopted
this 1st dlay of July, 1974.
Allan T. Thoms,
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas-Mayor Thoms, Counciimen
Brady, Justmann, Lundh, Stackis.
Nays-None.
A Resolution directing the re-
organization of ,the Dubuque Citi-
zens Advisory Corrunission to re-
flect a balanced neighborhood
representa.tion by Commission
Members, presented and read.
Mayor Thoms moved the resolution
be referred to the Advisory Com-
mission for their consideration
and report to the Council for a
joint session. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council.
men Lundh, Stackis.
Nays-Councilmen Brady, Just-
mann.
RESOLUTION NO. 259-74
wHEREAS there bas been deliv-
ered Warranty Deed, dated June
12, 1974, of Transcolle, Inc. to the
City Council of the City of Du.
buque, Iowa conveying to the City
of Dubuque, Iowa, the following
described real e""'te:
Lot 2 of Lot 2 of powers Piace
in ,the City of Dubuque, Iowa
and said delivery of deed should
he approved and accepted.
NOW THEJREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Sec:lion 1. That .the delivery of
Warranty Deed of Transealle, Inc.
conveying to the City of Dubuque,
Iowa and hereinabove described
real estate be and the same is here-
by approved and accepted.
Section 2. That the City Clerk
be and he is hereby authorized and
directed to record said Warranty
Deed in the office of ,the Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 1st day of JulY, 1974.
Allan T. Thoms,
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
man Brady, Justmann, Lundh,
Stackis.
Nays - None.
June 27, 1974
Honorable Mayor and
City Councilmen
The City of Dubuque Planning
and Zoning Commission has reo
369
Regular Session, July 1, 1974
viewed the final plat of Lots 1
through 7, inclusive, of "Carmel
Heights" Subdivision in the City
of Dubuque, Iowa. The Commission
has determined that the final plat
conforms to aii requiremeI>ts of
the Subdivision and Zoning Ordin-
ances and has recommended that
the plat be approved.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Deveiopment Planner
Mayor Thoms moved that the
conununication be received and fil-
ed. Seconded by Councilman Stack-
is. Carried by the foiiowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
RESOLUTION NO. 260-74
Resolution Approving The Plet
of "Cannel Heights" in Ihe City
of Dubuque, Iowa
WHEREAS, there has been filed
with the City Clerk a piat of the
Subdivision to ,be known as "Car-
mei Heights" in the City of Du-
buque, Iowa, hy Sisters of Charity
of the Blessed Virgin Mary, Du-
buque, Iowa, and
WHEREAS, upon said plat ap-
pear otreetsto be known as Carmel
Drive together with certain public
utility easements which the Owu-
ersby said plat have dedicated to
the public forever; and
WHEREAS, said piat has been
examined by the City Planning and
Zoning C~mmission and had its
approval endorsed thereon; and
WHEREAS, said plat has beeu
examined by ,the City Council and
they find that the same conforms
to statues and ordinances relating
thereto, except that street grades
,-"ve not been established, the
streets brought to grade, or paving,
sewer or water installed;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedications
of Carmel Drive together with the
easements for public utilities as
the same appear upon said plat, be
and ,the same are hereby accepted;
Section 2. That ,the p1at of "Car-
mel Heights" in the City of Du-
buque, Iowa, be and the same is
hereby approved and the Mavor
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, exeeutetheir written ac-
ceptance hereto attached agreeing:
a. To reduce ,all streets to grade
and to construct concrete curb
and gutter and to hard surface
Carmel Drive with bituminous
concrete, or wioth concrete pav-
ing with integral curb, aii in ac-
cordauce with City of Dubuque
standard specifications;
b. To install sanitary sewer mains
and sewer service laterals in ac-
cordance with plans submitted
with the plat;
c. To install water mains and water
service laterals in accordance
with plans submitted with the
plat;
d. To instaii storm sewers and
catchbasins in accordance with
plans submitted with the plat;
e. To instaii concrete sidewalks as
required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
f. To construct the foregoing im-
provements in accordance with
plans and specifications ap-
proved by the City Manager, un-
der the inspection of the City
Engineer, and in a manner a,p-
proved 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, I<>wa;
h. To provide the foregoing con-
struction and maintenance at the
solo expense of the Subdivider,
Sisters of Charity of the Blessed
Virgiu Mary, Dubuque, Iowa, as
owner;
i. To construct said Improvements,
except sidewalks, prior to August
1, 1976, and to construct the
sidewalks prior to August 1,
1978;
and further provided that said Sis-
ters of Charity of the Blessed Vir-
gin Mary, Dubuque, Iowa, as own-
er of said Subdivision, secure the
performance of ,the foregoing con-
ditions by providing security in
such form and with such sureties
as may ,be acceptable to the Ci,ty
Manager.
5eclion 3. That in the event
Sisters of Charity of the Blessed
Virgin Mary, Dubuque, Iowa, shall
fan to execute the acceptance and
furnish the security provided for
370
Regular Session, July 1, 1974
in Section 2 hereof within 45 days
after the date of ,this Resolution,
the provisions hereof shall be nnil
and void and the aceeptance of
the dedication and approval of the
plat shall not be effective.
PASSED, ADOPTED AND AP-
PROVED by unanimous recorded
roll call this 1st day of July,
A.D., 1974.
Allan T. Thoms,
Mayor
Alvin E. Lundh
Emii Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 260.74
We, the undersigned Sisters of
Charity of the Blessed Virgin Mary,
Dubuque, Iowa having read the
terms and conditions of the fore-
going Resolution No. 260-74 and
being familiar with the conditions
thereof, hereby accept the same
and a.gree to perform ,the condi-
tions reqnired therein.
Dated at Dubuque, Iowa, this
15th day of July, 1974, Sisters of
Charity of the Blessed Virgin Mary,
Dubuque, Iowa.
By Sister Joan Doyle, President
Sister Mary Michail Gearly,
B.V.M., Secretary
To:
Leo F. Frommelt,
City Clerk
This is to certify that the secur-
ity provided by the foregoing
RESOLUTION NO. 260-74 has been
furnished by the owners.
Dated at Dubuque, Iowa, this
15th day of July, 1974.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved adoption of
the resolution. Seconded hy Coun-
man Stackis. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Lundh, Stackis.
Nays - Councilmen Brady, Just-
mann.
June 26, 1974
To the Honorable Mayor
and City eouncil
Re: Energy Recovery Study
We have enclosed for your re-
view a copy of an engineering
services agreement suhmitted by
Henningson, Durham and Richard-
son to prepare an energy recovery
study on supplementary processes
-'S"t "
for the disposal of solid waste in
Dubuque County.
This proposed study was review.
ed at the Area Council of Govern-
ments meeting on May 22, 1974
and .the staff has discussed the
study with Interstate Power Com-
pany and it was favorably received
The duration of the study is ex-
pected to -take approximately three
months. In the interim period we
are continuiug to develop engineer-
ing data on the landfill sites un-
der study.
We would request your favorable
action on the enclosed Resolution
authorizing the Mayor and City
Clerk to execute the proposed
agreement.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and fil-
ed. Seconded by Councilman Slack-
is. Carried by the following vote:
Yeas - Mayor Thoms, Councii-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
RESOLUTION NO. 261.74
Rasolulion aulhorizing lha Mayor
and City Clark to execute an
Engineering Services Agreement
wilh Ihe firm of Henningson,
Durham and Richardson to eval.
uate and recommend supple.
menlary processes for Ihe dis-
posal of solid waste
WHEREAS, -the City of Dubuque
has, through 'an order of the Iowa
State Department of Environment-
al Quality, until July 1, 1975 to
aeqnire and be operating on an
approved Sanitary Landfill; and
WHEREAS, the City of Dubuque
and the Area Council of Govern-
ments are concerned with the con-
servation of land use and are de-
sirous of investigating the applic-
ability of certain supplementary
methods for the disposal of solid
waste in Dubuque County; and
WHEREAS, the firm of Hen-
ningson, Durham and Richardson
have subm1tted an agreement for
engineering services to evaluate
these processes and to make
recommendations ,to the City of
Dubuque and the Area Council of
Governments.
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE.
lOW A THAT: the Mayor and the
City Clerk are herewith authorized
Regular Session, July 1, 1974
371
to execute the engineering services
agreement with the firm of Hen-
ningson, Durham and Richardson
for the purpose of evaluating cer-
tain supplementary processes for
,the disposal of solid waste and
making specific recommendations
,to the City of Dubuque and the
Area Council of Governments.
Passed, adopted and approved
this I.&t day of July, 1974.
Al1an T. Thoms,
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Luidh,
Slackis.
Nays-None.
June 27, 1974
To the Honorahle Mayor
and City Council
A meeting between the City
Manager, City staff personnel, the
Human Rights Commission, other
interested and concerned groups
and some City Councilmen was
held to discuss and develop both
short and long-term employment
and/or promotional goals relating
to females, minority persons and
handicapped persons.
An invitation to subm1t com-
ments or modifications of the goals
proposed by the City was extended
to -the parties present at this meet-
ing. You have received one such
document directly from the Human
Righ.ts Commission. Attached are
additional comments received from
the group.
The Introduction and Statement
of Policy sections of the Affirma-
tive Action Program narrative have
been revised as recommended by
the Human Rights Commission in
their letter of June 21, 1974. Copies
of these revisions are enclosed for
your review.
Mter evaluating -all aspects of
eqnity, availability and need the
accompanying resolution to adopt
the short and long-term goals at-
tached as Exhibit "A" is recom- I
mended as being reasonahle and
realistic.
Sincerely,
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communic8ltion be received and
filed. Seconded by Councilman
Lundh. Carried by ,the following
vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
RESOLUTION NO. 262.74
Adopting Sialemani of Goals for
Iha Afflrmalive Aclion Program
for the Cily of Dubuqua
WHEREAS, the City Council un-
der date of June 10, 1974, adopted
Resolution No. 228-74, approving
the narrative portion of the Af-
firmative Action Program for the
City of Dubuque and
WHEREAS, pursuant to said Af-
firmative Action Program, a State-
ment of Goals for the City of Du-
buque has been prepared both for
a twelve month period and a five
year period beginning July 1, 1974;
and
WHEREAS, I:he Statement of
Goals sets forih certain shurt and
long-term measures necessary for
the City of Dubuque to continue
to effectuate the objectives of the
Affirmative Action Program; and
WHEREAS, hoth ,the Affirmative
Actio-n Program and the Statement
of Goals represents the objectives
of the City of Duhuque to exer-
cise its political and economic in-
fluence to further the acceptance
and adoption of nondiscrinrinatory
employment practices and policies
in all activities of the community;
now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE eITY OF DU-
BUQUE, IOWA:
Section I. That it is hereby
found and determined that the
projected levels of achievement as
set 1fo11th in the Statement of
Goals for the Affirmative Action
Program of .the City of Dubuque
are rellSOlDable in view of the
availability of qualified minortties,
women and handicapped persons
and the estimated employee turn-
over and additional employee posi-
tions to be created.
Section 2. That the Statement of
Goals attached hereto as Exhibit
372
Regular Session, July 1, 1974
:¿~p~~df::~e ~tiyar~f ~~:rqU~ I
Section 3. That the City Manager
and the Equal Empioyment Oppor-
tunity and Contract Compliance
Officers are hereby authorized and
directed to undertake whatever
measures are necessary to effectu-
ate the objectives of the Affirm-
ative Action Program and the
Staltement of Gœls.
Sactlon 4. That the City Manag-
er and the Equal Employment Op-
portunity Officer are hereby auth-
orized and directed to provide cop-
ies of this Resolution together with
the attached Statement of GoaJs
as well a.the Affirmative Action
Program adopted by the City
Council under date of June 10,
1974, to appropriate Federal and
State agencies and offices.
passed, approved and adopted
this 1st day of July, 1974.
Al1an T. Thoms,
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
C. Robert Justmann
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
Exhibit "Au
AFFIRMATIVE ACTION EMPLOY-
MENT GOALS FOR CITY OF DU-
BUQUE
1. To provide extra-ordinary ef-
fort in recrniting qualified females,
minorities, aged and disabled per-
sons for employment opportunities
in the City of Dubuque in order
to promote greater participation by
these groups in the total work
force and to insure more equit-
ahie representation in all joh cate-
gories.
2. To provide purposefui training
and promotional oppomunities for
females, minorities, aged and ills-
al>Jed persons in order to insure
greater ,participation by these
groups in occupations reqnlring
higher levels of skill and responsi-
bility.
AFFIRMATIVE ACTION EMPLOY.
MENT OBJECTJVES FOR CITY OF
DUBUQUE
1. To attain employment for a
minimum of twenty (20) females,
seventeen (17) minorities, and
three (3) aged or disabled persom
by June 30, 1975 as indicated in
Exhibit "A", (SOOm Term Employ,
ment Goals) and to maintain or ex.
ceed these goals through the con-
tinued empioyment poiicy and
practice of Affirmative Action.
2. To attain employment for a
minimum of eighty three (83) fe-
males ,fomy four (44) minorities,
and eight (8) aged or disabled per-
sons by June 30, 1979 as indicated
in Exhibit "A", (Long Term Em-
pioyment Goats) and to maintain or
exceed these goals through the
continued empLoyment policy and
practice of Affirmative Action.
Communication of City Manager
recommending favorabieaction on
resolution authorizing Mayor and
City Clerk to execute "Letters of
Intent" to certain major equip-
ment suppliers for Phase II Waste
Water Treatment Facilities - con-
snitants, detailed estimates total
$14.5 Miilion, presented and read.
At 11:05 P.M. Mayor Thoms mov-
ed ,(0 go into an executive session
to consider a matter of bidding on
waste water treatment facilities
equipment which has come ,to his
attention from the City Attorney.
Members of the press raised ob-
jeotions to the calling of an execu-
tive session for the aforementioned
reason. Seconded by Councilman
Justmann. Vote on motion was as
follows:
Yeas - Mayor Thoms, Council-
man Justmann.
Nays - Councilmen Brady,
Lundh, Stackis.
MOTION FAILED.
A Resolution authorizing the
Mayor to execute "Letter of In-
tent" to certain major equipment
suppliers for Phase II Waste Water
Treatment Facilities, presented
and read. Councilman Brady mov-
ed .to table the communication of
City Manager and resolution until
next meeting of Jniy 8th, 1974.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
&tackis.
Nays - None.
Regular Session, July 1, 1974
373
RESOLUTION NO. 263--74
BE IT RESOLVED .by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisious of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within the said City.
Patrick Feuelon, 3130 Jackson
Street
lmperial Lanes, Inc., 3505 Stone-
man Road
Phillip R. Love, 1701 Central Av-
enue
Merlin P. Morett, 3198 Central
Avenue
John P. Mthalakis & Richard L.
Billmeyer, 2095 Kerper Blvd.
Osco Drug Inc., Town Clock
Plaza
Palmer Drug Store, 2800 Dodge
Street
Patricia Revelle, 2776 Jackson
Street
Mrs. Doris Riekena, 485 Central
Avenue
Kathleen Wedig, 1399 Jackson
Street
Passed, adopted and approved
this 1st day of July 1974.
Allan T. Thoms
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of ,the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - Councilman Justmann.
Juiy 1, 1974
To the Honorable Mayor
and City Council
Re: Publie Employment Program!
Emergency Employment Act of
1971
The county's program agent on
June 20, 1974 requooted the City's
Personnel Manager, our iiaison of.
ficer on ,this program, to meet
with him on Friday, June 21, 1974
at 9:30 a.m., to discuss utilization
of additional funds which were
authorized under the Emergency
Employmerut Act of 1971.
At this meeting the City was ad-
vised that the five persons then
currently funded by this program
could be continued through March
30, 1975.
As of June 30, 1974 the remain-
ing five funded positions were
budgeted with funds other than
Emergency Employment Act sub-
sidy. This was in accordance with
information that no funding would
he authorized beyond this date.
On Monday, June 24, 1974, at 10
a.m., the City was advised that In.
formation received on Friday, June
21 was in error and only new posi.
tions could be considered for docu.
mentation and supportative data
had to be submitted to the county
by Tuesday afternoon, June 25,
1974.
The complete grant request had
to 'be hand delivered .to the proper
agency in Kansas City, Missouri
On Wednesday, June 26, 1974 or
the amount of under"utilized funds
would be loot to Dubuque County.
A diligent review of our current
employment needs was undertaken
and resulted in the submission of
a request for funding six positions
for the period from August 1,
1974 through March 30, 1975.
A listing of these positions, fund-
ing requirements, job descriptions
is enclosed for your review.
The City of Dubuque has been a
participant in ,this program'!'ince
it was authorized and funded by
-the United States Congress.
It is believed that this program
enabled the City to implement
needed and productive services
which would otherwise not have
been possible.
The program has heen extended
from time to time allowing partici-
pating agencies to continue fund-
ing the original positions.
The City gradually phased these
original positions into its total
work force with the exception of
one police dispatcher which was
eiiminated.
It is believed that the positions
for which funding assistance is
requested will be of benefi,t to -the
community 'and accomplish needed
objectives in .the departments af-
fected.
Gilbert D. Chavenelle,
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
374
Regular Session, July 1, 1974
Special Session, July 8, 1974
375
Yeas - Mayor Thoms, Council- I
men Brady, Juslmann, Lundh,
Stackis.
Nays - None.
There being no further business,
Councilman Stackis moved the
meeting be adjourned. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justrnann, Lundh,
Stackis.
Nays - None.
Leo F. Frommelt,
City Clerk
A(Jproved .........................-.............1974
AOO¡pt¡ed ...............-............-............119'/14
Mayor
............................................................
............................................................
............................................................
............................................................
Councilmen
Attest:
City Clerk
CITY COUNCIL
OFFICIAL
Special Session, July 8, 1974.
Council met al 1:00 P.M. (C.D.T.)
Present - Mayor Thoms, Coun-
cilmen Brady, Justmann, Slackis.
City Manager Gilbert D. Chavon-
elle.
Absent-Councilman Lundh (at
roll call).
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose OF RE-
VIEWING EQUIPMENT BIDS FOR
THE SEWAGE WASTE WATER
TREATMENT FACILITIES PLANT,
and to act upon such other bus-
iness as may properly come before
a regular meeting of the City
Council.
Councilman Brady moved that
the rules be suspended in order
to let anyone present address the
Council if they so desire. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent-Councilman Lundh.
Mr. Lowell, president of Pen-
berthy & Houdaille addressed the
Council hy stating that the last
proposal their company submitted
was in November of 1ast year. He
is not prepared to comment as
to any irregularities in the bid-
ding procedure. He further stated
that he is not prepared to make
head ,to head comparisons as to
various pieces of operating equip-
ment. The plants that they have
installed under their system of
operation are satisfactory. Mr.
Roger Walker of Penherthy pre-
sented a series of slides on their
equipment.
COUNCILMAN L U N D H EN-
TERED THE CHAMBER AT 1:30
P.M.
Representatives of Penberthy
further stated that the jet aera-
tion system would do the job.
Compared to the Unox system it
would be cheaper to install and
operate.
Mr. Paul Ombruni of Henning-
son, Durham and Richardson, con-
sultants, addressed the Council
that they had met with the Pen-
berthy group in December. &0-
nomics, in their judgment would
be in favor of the pure' oxygen
system. Iocreased cost of the basin
would have to be considered along
with the fact that y,ou have a
very small gas stream to work
with. He urged the Council to
proceed with the letters of intent
and recommended the system that
we have received bids on. Mr.
Paul Raines of H. D. R. made it
clear that they have no ties with
any manufacturer or equipment
dealers. H. D. & R. is not inter-
ested in equipment dealers, sup.
pliers, etc., they are only inter-
ested in what is best for the City
of Dubuque. City Engineer John
White was of the opinion that the
best design was the one presented
by H. D. & R. and the City should
go ahead. Unox had to come in
and prove the system could work.
Councilman Lundh moved approv-
al of recommendation on selection
of equipment that the consultants
have made. Sceonded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays-Councilman Justmann.
There .being no further business
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Leo F. Frommelt
City Clerk
Approved
...................1l9'N
Adopted
...........1l9IT4
................................................"..........
Councilmen
Attest: """ëïiÿ"Ci~;k:""""""""""""
Special Session, July 8,1974
377
Special Session, July 8, 1974
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Senator Jim
Schaben acknowledging receipt of
Council resolution relative to rail
transportation and indicating his
suppo~t of an amendment intro-
duced in the 1ast session that
would have expanded rail service
in Northern Iowa via Dubuque to
Waterloo, Sioux City and Fort
Dodge, presented and read. Mayor
Thoms moved that the communica-
tionbe received and filed. See-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Mayor of
Manchester, Iowa, addressed to
Governor Ray being in accord
with the City of Dubuque extend-
ing advance rail service across
Northern Iowa from the Amtrak
connection, presented and read.
Mayor Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis-
Nays-None.
Communication of Dubuque Bi-
centennial Committee addressed to
the Mayor advising that the Du-
buque celebration of the Bicen-
teunial birthday of the U. S. will
be celebrated in Dubuque from
July 18th to 31st, 1976, and wel-
come any input from the Council,
presented and read. Mayor Thoms
moved that the communication he
received and filed and referred
to the Council. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Jnslmann, Lundh,
stackis.
Nays-None.
Communication of Lee Chiavet-
ta complimenting the City and
especially Mr. Ben O'Leary on the
efficient manner in which the reo
cent storms were handled, pre-
sented and read. Mayor Thoms
moved that the communication he
received 'and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
376
consumer ,to consider before a wa-
ter rate increase; - Heavy users
be charged the same rate as res-
idential customers and eliminate
the residential subsidy of the
heavy users. Seconded by Coun-
cilman Brady. Vote on motion was
as follows:
Yeas-Councilman Brady, Just-
mann.
Nays - Mayor Thoms, Council-
men Lundh, Stackis.
MOTION FAlLEJD.
Councilman Brady moved that
exploratiou being done now on
water rates under study that charts
be prepared to show what it would
do. Seconded by Councilman Just-
mann. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Notice of Claim of John C. San-
ner in the amount of $10.00 for
towing expense incurred as the
resnit of an alley eave-in behind
597 Edith Street on June 21, 1974.
presented and read. Mayor Thoms
moved the notice of claim be re-
ferred to the City Solicitor for
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Notice of Claim of Steven E.
Mostman, in an undetermined
amount, to cover cost of replac-
ing hroken water stop box at 726
C1arke Drive, allegedly broken by
the street clean-up crew after a
storro on June 27, 1974, presented
and read. Mayor Thoms moved the
notice of claim be referred to the
City Solicitor for proper proceed-
ings. Seeonded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
Notice of Claim of Bertha M.
Masuen in the amount of $62.77
for expense incurred to repair
storm damage to her home at 397
Bradley street on June 20, 1974,
as the resuit of broken tree limbs,
presented and read. Mayor Thoms
moved the notice of claim be re-
ferred to the City Solicitor for
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Piayground
& Recreation Commission submit-
ting minutes of their meeting of
June 10, 1974, presented and read.
Mayor Thoms moved that the com-
munication be received and filed.
Seconded by Counciiman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
CITY COUNCil
OF,FICIAL
Special Session, July 8, 1974.
Council mel al 7:30 P.M. (C.D.T.)
Presenl - Mayor Thoms, Coun-
men Brady, Ju5lmann. Lundh.
Slackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service ,thereof bad
been duly made and this meeting
is called to consider a RESOLU.
TlON AUTHORIZING THE MAY'
OR TO EXECUTE A LETTER OF
INTENT TO CERTAIN MAJOR
EQUIPMENT SUPPLiERS FOR
THE PHASE II WASTE WATER
TREATMENT FACILITY and act-
ing upon such other business as
may properly come before a reg-
war meeting of the Council.
Communication of Congressman
Edward Mezvinsky addressed to
Mayor Thoms showing apprecia-
tion of keeping him informed on
Improved transportation service
in Northern Iowa, presented and
read. Mayor Thoms moved that
the communication be received
and filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
Communication of Congressman
John C. Culver expressing thanks
for the resolution passed by the
Council supporting development
of an advance railroad system
throughout Iowa, presented and
read. Mayor Thoms moved that
the communication be received
and filed. Seeonded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
Communication of Senator Har-
old E. Hughes expressing thanks
for the resolution passed by the
Council on rail transportation and
indicating strong support for the
expansion of the network in Iowa,
presented and read. Mayor Thoms
moved that the communication be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
July 3, 1974
Honorable Mayor and Members
of the City Council
I have approved the filing of
the following bond and policy and
desire to have your approval of
same.
Public Official Bond
Gerald L. Kopischke, Airport Com-
missioner $1000. to September
14, 1974, Hartford Accident &
Indemnity Bond No. N-4223847.
Public Liability Policy
City of Dubuque, Four.th of July
Fireworks Display Western
World Insurance Company Pol-
icy No. GLA 16314. Radio Sta-
tion KDTH.
Both of the above have been
approved by the City Solicitor.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved filing
be approved subject to approval
of City Attorney. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Proof of Puhlication, certified
to by the Publisher, of receipts
and disbursements and list of
claims for May, 1974, presented
and read. Mayor Thoms moved the
proof of publication be received
and filed. Seconded by Couucil-
man Lund'h. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Councii-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Councilman Justmann moved to
amend Ordinance No. 64-68 estab-
lishing water rates, to prepare for
approval to be fixed at the pre-
vailing amount for the average
378
Special Session, July 8, 1974
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
June 19, 1974
To the Honorable Mayor
and City Council
This is to advise you that the
staff has reviewed the request of
Mr. Herbert F. Heitzman for vaca-
tion of a portion of an alley lo-
cated at the extreme west end
of Cherry Street and running no"th
from the N. P. L. of Cherry Street
to the S. P. L. of the 1st alley
south of Green Street abutting Lot
1 of Lot 208 of Finley's Addition.
The staff and I recommend that
said alley be vacated and sold to
Mr. Herbert Heitzman.
The Pianning and Zoning Com-
mission has recommended that
said alley be vacated and sold.
Their letter is attached.
There are letters enclosed from
other abutting property owners
stating they do not object to the
vacation and sale to Mr. Heitzman.
I, therefore, request your Hon.
orable Body to pass the Ordinance
vacating said alley.
Gilbert D. Chavenelle
City Manager
Councilman Juslmann moved
that the communication be re-
ceived and filed. Seconded by
Councilman Brady. Carried hy the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
An Ordinance for the vacation
and sale of that portion of an
alley at the extreme west end of
Cherry Street running north from
the N.PL. of Cherry Street to the
S.P.L. of the 1st alley south of
Green Street and abutting Lot 1
of Lot 208 of Finley's Addition,
presented and read. Councilman
Justmann moved that the reading
just had be considered the first
reading of ,the Ordinance. Sec-
onded by Mayor Thoms. Carried
hy the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three separate
days be waived. Seconded by May-
or Thoms. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Councilman Juslmann moved
that a public hearing be held on
the Ordinance on August 5, 1974,
at 7:30 o'clock P.M. in the Council
Chamber at the City Hall and
that the City Clerk be instructed
to publish notice of the hearing
in the manner required by iaw.
Seconded by Mayor Thoms. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Petition of Tom Carr et al re-
questing the instal1ation of street
lights between intersections of Bal-
boa & Cortez Drives and Balboa
Drive and N. Grandview on Bal-
boa Drive, presented and read.
Mayor Thoms moved that the peti-
tion be referred to the City Man-
ager and Traffic Department for
investigation and report Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
June 25, 1974
To the Honorable Mayor
and City Council
Re: Major Eqnipment Proposals
Waste Water Trealment Fa-
cility
Phase II
On June 3, 1974 we advised you
that the Environmental Protection
Agency had certain questions on
the equipment proposals and we
requested that you defer action
on this until we were able to
review the matter with EPA.
We discussed the bids with EPA
and have reviewed the questions
raised by them. Basically, their
concern was the escalation pro-
vision in the bid documents. Con-
sequently the three recommended
bidders have agreed to waive this
provision and to hold their firm
prices until at least November 15,
1974. Our consultants advise us
that EPA concurrence on the bids
should be forthcoming and have
recommended authorization be se-
Special Session, July 8, 1974
379
cured to issue the Letters of In-
tent to the respective equipment
suppliers subject to the formal
approval of the Environmental
Protection Agency.
The Staff and Consultants will
then proceed on the following
time schedule:
August 1, 1974. Plans complete
and on file with federal and
state agencies.
September 1, 1974. Agency ap-
proval and authorization to ad-
vertise for construction bids.
October 15, 1974. Receive construc-
tion bids.
November 15, 1974. Award con-
struction contracts and Ímalize
financial program.
We recommend your favorable
action on the enclosed Resolution
authorizing the Mayor and City
Clerk to execute the Letters of
Intent as prepared. For your fur-
ther review we have endosed all
the materials submitted to you
on June 3, 1974.
In the event the program sl1ou1d
not move forward, the issuance
of these Letters of Intent does
obligate the City to pay for shop
drawings and detailed designs pre-
pared for this specific installation
by the three eqnipment suppliers
but not to exceed a maxImum of
$10,000.00 each.
Our consultants have prepared
another detailed estimate on the
total Phase II Sewage Program.
The new estimate ,totals approx-
Imately $14.5 million dollars. This
represents a 56% increase in costs
from the November, 1973 estimate
of $9,298,290.00. This increase is
attrihuted to inflation. That pro-
gram estimate was ,to he funded
through existing federal and state
grants and local share as follows:
Federal Grant $4,523,200
State Grant $2,056,500
Local Share $2,716,590
$9,298,290
We do not know how the in-
crease in estimated cost can be
financed at this time. We are ap-
proaching the federal and state
agencies regarding an increase in
our present grants.
While a financial uncertainty
does exist, we feel we should move
forward on the eqnipment pro-
posals.
Mayor Thoms moved ,that the
communication be received and
filed. Seconded hy Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
Mr. Pani Ombruni of H. D. & R.
submitted a preliminary estimate
for the overall expansion of the
Sewage Plant to the amount of
$14,355.00. The eqnipment costs
at ,the present would he:
1. Sludge - Centrifuging Sys-
tem - $330,000.00
2. Oxygen Generation and Dis-
solution - $1,200,000.00
3. Thermal Sludge Conditioning
- $650,000.00 for a grand total
of $2,180,000.00.
RESOLUTION NO. 264-74
Resolution authorizing Iha may-
or to exacule a Latter of Intent
10 certain major equipmanl sup-
pliers for the Pha.. II Wasle
Water Trealment Facility.
WHEREAS, pursuant to the
direction of the City Council, pro-
posals were received for centri-
fuges, high purity oxygen genera-
tor and dissolution equipment and
thermal conditioning equipment on
May 21, 1974, and;
WHEREAS, the proposals re-
ceived were evaluated by the con-
su1ting firm of Henningson, Dur-
ham and Richardson and the City
Staff and recommendations were
made concerning the eqnipment
involved, and;
WHEREAS, the City Council of
the City of Dubuque has received
the proposals submitted and the
recommendation of the staff and
consultants;
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUN-
CIL OF THE arTY OF DUBUQUE,
IOWA THAT:
Section 1. The Mayor and the
City Clerk are herewith author-
ized to execute the following Let-
ters of Intent to the particular
equipment suppliers on the Waste
Water Trealment Facility Project
all subject to the approval of the
Environmental Protection Agen-
cy:
Type of Equlpmant
Centrifuging System
High Purity Oxygen System and
Dissolution Equipment
Gilbert D. ClNlvenelie
City Manager
380
Special Session, July 8, 1974
~udge Thermal Conditioning Sys-
tem
Suppliar
Sharples-Stolœs Division of the
penwalt Corp.
Air Producta Corporation
Zimpro, Inc.
Section II. BE IT FURTHER
RESOLVED THAT the staff and
consultants are directed t<> pro-
ceed with the detailed design of
the construction contract docu-
tDents for Phase II of the Waste
Water Facility utilizing the here-
tofore described eqnipment.
passed, adopted and approved
this 8th day of July, 1974.
AI1an T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Etnil Stackis
Councilmen
Attest:
Leo F. FrommeR
City Clerk
Mayor ThOtDS moved adoption
of the resolution. Seconded by
CounciiDlan Stackis. Carried by
the following vote:
Yeas - Mayor Thoms, CoWlcil-
II1<!n Brady, LWldh, Stackis.
Nays-Councilman Justmann.
July 8, 1974
Honorable Mayor and
City Council
This is to request your Honor-
able Body to approve a Resolu-
tion to designate Mr. A. G. Heitz-
man 8S the authorized official to
execute for and in behalf of the
City of Dubuque, for -the purpose
of obtaining certain Federal fi-
nanciAl assis-tance uuder Disaster
Relief Act (public Law 93288, 91st
Congress).
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication he received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Y- - Mayor Thoms,Council-
II1<!n Brady, JustmJlnn, Lundh,
Stackis.
Nays-None.
DESIGNATION OF
APPLICANT'S AGENT
RESOLUTION NO. 265.74
BE IT RESOLVED BY THE City
Council OF Dubuque, Iowa, THAT
A. G. Heitzman, Finance Director,
is hereby authorized to execute
""" ."
for and in behalf of Dubuque,
Iowa, a public entity estahlished
under the laws of the State of
Iowa, this application and to fiie
it in the appropriate State office
for the purpose of obtaining cer-
tain Federal Financial assistance
under the Disaster Relief Act (Pub-
lic Law 93288, 91st Congress).
Passed and approved this 8th
day of July, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Jatnes E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
CERTIFICATION
I, Leo F. Frommelt, duly ap-
pointed and City Clerk of Du-
buque, Iowa, do hereby certify
that the above is a true and cor-
rect copy of a resolution passed
and approved by the City Council
of Dubuque, Iowa on the 8th day
of July, 1974.
Date: July 8, 1974
Leo F. Frommelt
eity Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Proof of Publication, certified
to by the Publisher, of invitation
for bids for demolition of build-
ings in the Urhan Renewal Area at
(4th & Locust Streets), presented
and read. Mayor Thoms moved
that the proof of publication be
received and filed. Seconded by
CoWlcilman Stackis. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
RESOLUTION NO. 266-74
Aulhorizing tbe execution of
Demolilion Conlract No. 1.74
for Ihe Downtown Urban Re-
newal Projecl, Iowa R.15
WHEREAS, under date of June
17, 1974, the City Council of the
City of Dubuque authorized re-
ceiving of proposals for the dem-
f
Special Session, July 8, 1974
olition and site clearance of cer-
tain parcels of real estate in the
Downtown Urban Renewal Project,
Iowa R-15; and
WHEREAS, an Invitation for
Bids for the said work was pub-
lished on June 20, 1974 and June
27, 1974 in The Telegraph-Herald, a
newspaper of general circulation
in Dubuque, Iowa; and
WHEREAS, Invitations for Bids
were mailed on June 20, 1974 to
17 contractors and contractor as-
sociations; and
WHEREAS, the one sealed pro-
posal received, opened and read
alond by the City Clerk at 10:00
A.M. 011 July 5, 1974, was helow
the estimate for the work; and
WHEREAS, it has been deter- ,
mined that the awarding of Dem- I
olition Contract No- 1-74 to the
single hidder is in the best inter-
ests of the City of Dubuque in
undertaking the Downtown Urhan
Renewal Project, Iowa R-l3¡ now
therefore
BE IT REJOLVED BY THE
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
SECTION 1. That Demolition
Contract No. 1-74 for Demolition
and Site Clearance of certain par-
cels of real estate in the Down-
town Urban Renewal Project, Iowa
R.15, be awarded to the single
bidder, F. N. Smith Con.truction,
Inc. and K. W. Gaber Construc-
tion Company, at a cost not to
exceed $4,500.00.
SECTlON 2. That the City Man-
ager he and he is hereby author-
ized and directed to execute the
aforementioned contract on be-
half of the City of Dubuque for
the complete performance of the
work.
Passed, approved and adopted
this 8th day of July, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Etnil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
CUy Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by
the following vote:
381
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
RESOLUTION NO. 267.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with -the provisions of
law relating to the sale of Ciga-
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarett-e Papers
within said City.
Michael J. Skahill, 205 Locust
Street
Herman J. Meyer, 3355 Pennsyl-
vania Ave.
Therese A. Jansell WY-CaP Vend-
ors, Inc.) 2375 Roosevelt Street
Ray Fleckenstein (My-c.p Vend-
ors, Ine.) 3275 ÐeBtral A~nu~
Richard Barton (lI!Y~p Vendors,
Inc.) 1450 Loras Blvd.
Passed, adopted and approved
this 8th day of July 1974.
Man T. Thoms
Mayor
Alvin E. Lundh
Emil Staekis
James E. Brady
Councilmen
Attest:
Leo F. FroIDtDe]¡t
City Clerk
Mayor Thoms tDoved adoption
of the resolution. Seconded by
Councilman Lundh. Carried .hy the
following vote:
Yeas - Mayor Thoms, CoUJIcil-
men Brady, Lundh, Staekis.
Nays-Councilman Juslmann.
RESOLUTION NO. 268.74
WHEREAs, applications for Liq.
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be a¡>-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, Mtb General As-
sembly.
CLASS "c" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Lorraine A. Fransen, 1100 Lincoln
Avenue
382
Special Session, July 8, 1974
passed,adopted and approved
this 8th day of July 1974.
A11an T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption I
* ~ r~rution. Seconded ~
Councilman Lundh. Carried by the
following vote:
Yeas ...:. Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
RESOLUTION NO. 269.74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
hsve received the approval of this
Council, and .
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED .by the eity Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
.. CLASS "C"(COMMERCIAL)
BEER AND LIQUOR LICENSE
Lorraine A. Fransen, 1100 Lincoln
Avenue
Passed, adopted and approved
this 8th day of July 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of ~ resolution. Seconded by
Councilman Lundh. Carried hy the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 4S.74
An Ordinence amending Ordi.
nonce No. 33-49 known os Iha
"Traffic Code of Dubuque, lowe"
as emended, by repealing Sec.
lion 99 of Schedule \I thereof
end enacting a new Section gg.
of Schedule II in lieu Ihereof
to provide Ihel Keufmenn Ave-
nue from the Wesl Property
Line of Cenlral Avenue to Ihe
E..I Property Line of Certer
Road; and from Ihe We.1 Prop.
erty Line of Carter Road 10 Ihe
East Property Line of Crissy
Drive; and from the West Prop-
arty Line of Crissy Drive to Ihe
East Property Line of John F.
Kennedy Road; end from Ihe
Wesl Property Line of John F.
Kennedy Road 10 the Easl Prop-
erty Line of Bonson Sireel ba
designeted a through slraet,
presented and read,
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
NaYs--'None.
Councilman Justmann moved
that the rulc requiring an Ordi-
nance to be read on three sep-
arate days be waived. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 45-74
AN ORDINANCE AMENDING
ORDINANCE NO. 33-4' KNOWN
AS THE "TRAFFIC CODE OF
DUBUQUE, lOW A" AS AMEND-
ED, BY REPEALING SECTION
gg. OF SCEDULE II THEREOF
AND ENACTING A NEW SEC-
TION gg. OF SCHEDULE II IN
LIEU THEREOF TO PROVIDE
THAT KAUFMANN AVENUE
FROM THE WEST PROPERTY
LINE OF CENTRAL A VENUE TO
THE EAST PROPERTY LINE OF
CARTER ROAD; AND FROM
THE WEST PROPERTY LINE OF
CARTER ROAD TO THE EAST
PROPERTY LINE OF CR1SSY
DRIVE: AND FROM THE WEST
PROPERTY LINE OF CRISSY
DRIVE TO THE EAST PROPER-
TY LINE OF JOHN F. KENNEDY
ROAD; AND FROM THE WEST
PROPERTY LINE OF JOHN F.
KENNEDY ROAD TO THE EAST
PROPERTY LINE OF BONSON
Special Session, July 8, 1974
383
STREET BE DESIGNATED A
THROUGH STREET.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA,
S<ction 1. Tho< Oedin""" No. 33-4'
known" the "Tuff" Code of Du-
buque, Iowa" " amendtd, be and the
..me i, he"by amended by "p"ling
S"tion gg. of Schedule II thmof and
e",cting a new Sootion gg. of ScheduJe
II in lieu thmof " folIow"
"Schedule II
gg. Kaufmann Avonue !com the w,",
pcopeny line of Centul Avenne to
the e"t peopeny line of C"",
Road; and fcom the w,", peop"'y
line of Cmee Road to the ""
peopeny line of Cei"y Deive; and
fcom the we" pcopeny line of
Cri"y Deive to the em pcop"'y
line of John F. Kennedy Road; and
!com the W"t pcopeny line of John
F. Kennedy Road to the "" peop-
"'y line of Bo..on Stceet."
P"..d, appeoved and adopted thi, 8th
day of July, 1974.
AlIan T. Tho""
Mayoe
C. Rob", In''mann
Jam.. E. Budy
Alvin E. Lundh
Emil StOol",
Councilmen
ATTEST,
Len F. Feummelt
City Cleek
Pnbli,hed offidalIy in the Teleguph
Hmld New,papee thi, 11th day of J"Iy
1974.
Len F. Fcommelt
City Cleek
It 7-11
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Staekis.
Nays-None.
ORDINANCE NO. 46-74
An Ordinance emending Ordi-
nance No. 33-49 known os lhe
"Treffic Code of Dubuque, Iowa"
as amended by edding e new
Subsection 21 of Seclion B of
Schedule III lhereof 10 provide
Ibal northbound end soulhbound
vehicles on Crissy Drive must
stop before enlering Ihe inler.
saellon of Kaufmann Avenue,
presanted and read.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded hy Council-
man Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann Lundh,
Stackis. '
Nays-None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three sep-
arate days be waived. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 46-74
AN ORDINANCE AMENDING
ORDINANCE NO. JH' KNOWN
AS THE "TRAFFIC CODE OF
DUBUQUE, IOWA" AS AMEND-
ED BY ADDING A NEW SUB-
SECTION 21 OF SECTION B OF
SCHEDULE III THEREOF TO
PROVIDE THAT NORTHBOUND
AND SOUTHBOUND VEHICLES
ON CRISSY DRIVE MUST STOP
BEFORE ENTERING THE IN-
TERSECTION OF KAUFMANN
AVENUE.
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA,
Section 1. Tho< Oedinance No. 33-4'
known" the "Tuffic Code of Du-
buqne, Iowa" " amended be =d the
..me i, heceby amended by en>Ctios a
new ,ub..ction 21 to Section B of Sched-
ule III theeenf " folIow"
"B. Nonhbound and ,outhbound ve-
hid" mwt ,top befoce entering
21. Kauf"",nn Avenue ",d Ce;',y
Deive."
P",ed, appeoved and adopted thi, 8th
day of July, 1974.
AlIan T. Thom,
Mayoe
C. Rob", Jwtmann
Jam" E. Budy
Alvin E. Lundh
Emil S"cki,
ATTEST,
Leo F. Frommelt
City Cleek
Publi,hed offidalIy in the Teleguph
Hmld New'papee th;, 11th day of July
1974.
Leo F. Feommelt
City Cleek
It 7-11
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Councilman Brady.
Carried hy the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 47.74
An Ordinance amending Ordi.
nance No. 33-49 known os Ihe
- -
384
Special Session, July 8, 1974
"Traffic Coda of Dubuque, Iowa"
as amended by adding a new
Subsection 9 10 Section D of
Schedule X and a new Subsec.
tion 10 to Section D of Schedule
X thereof 10 require westbound
vehicles 10 yield the right of
way before eMering tha Soulh
Inlersection and Ihe North In.
lersection of Crissy Drive and
Marywood Drive, presented and
reacl.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council.
man Brady. Carried by the fol.
lowing vote:
y"", - Mayor Thoms, Council.
men Brady,' Ju.lmann, Lundh,
Stackis.
Nays-None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to he read on three sep-
arate days be waived. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Thoms, Councii-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 47-74
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 KNOWN
AS THE "TRAFFIC CODE OF DU-
BUQUE, IOWA" AS AMENDED
BY ADDING A NEW SUBSEC-
TION 9 TO SECTION D OF SCHE-
DULE X AND A NEW SUBSEC-
TION 10 TO SECTION D OF
SCHEDULE X THEREOF TO RE-
QUIRE WESTBOUND VEHICLES
TO YIELD THE RIGHT OF WAY
BEFORE ENTERING THE
SOUTH INTERSECTION AND
THE NORTH INTERSECTION OF
CRISSY DRIVE AND MARY-
WOOD DRIVE.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA,
Section I. ThO' O,din,n" No. 33-49
knowo " ,h, "Tuffic Cod, of Du-
buqu" low," " ,mended b, ,od ,h,
"m' i. hmby ,mend,d by ,dding ,
new ..boection 9 to Section D of Sch«l-
nl, X ,.d , new .uboe"ion 10 to S,,-
tion D of S,hedul, X thmof " fol-
low"
"Schedul, X
D. Weotbound v,hid~ muot yield
befo" ont"in, th, intm",ion of,
9. Cti"y Dti.. ,.d M"ywood
Ddvo, .outh intm",ion.
10. Cd"y D"" ,.d M"ywood
D"", nonh intm"tion."
P",ed, ,pptoved ,.d ,dop"d thi. "h
d,y of July, 1974.
Al!.n T. Thorn.
M,yo<
C. Rob", Juotm,.n
J=~ E. Budy
Alvin E. L=dh
Emil Suc¡u,
Councilmen
ATTEST,
Len F. Fmmmelt
City CI"k
Publi.hed offici,lIy in th, Tel,suph
Hmld N,w.p'p" ohio 11th d,y of July
1974.
ùo F. Ftommelt
City Cl"k
a 7-11
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 48.74
An Ordinanca amending Ordl.
nance No. 3349 known as Ihe
"Traffic Code of Dubuqua, Iowa"
as amended by adding a new
Subsecllon 8 10 Saclion C of
Schedule X and a new Subsec.
lion 9 to Sedio,n C of Schedule
X thereof to require easlbound
vehicles 10 yield the righl of
way before enlering the South
Interseclion and the North In-
lersectlon of Crlssy Drive and
Marywood Drive, presented a,nd
read.
CounciJman Justmann moved
that the reading just had be con.
sidered the first reading of the
Ordinance. Seconded by Council-
man Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Councilman Juslmann moved
that the rule requiring an Ordi-
nance to be read on three sep-
arate days be waived. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
ORDINANCE NO. 48.74
AN ORDINANCE AMENDING
ORDINANCE NO. 33-49 KNOWN
AS THE "TRAFFIC CODE OF DU-
BUQUE, IOWA" AS AMENDED
BY ADDING A NEW SUBSEC-
Special Session, July 8, 1974
385
TION 8 TO SECTION C OF SCHE-
DULE X AND A NEW SUBSEC-
TION 9 TO SECTION C OF SCHE-
DULE X THEREOF TO RE-
QUIRE EASTBOUND VEHICLES
TO YIELD THE RIGHT OF WAY
BE FOR E ENTERING THE
SOUTH INTERSECTION AND
THE NORTH INTERSECTION OF
CRISSY DRIVE AND MARY-
WOOD DRIVE.
NOW THEREFORE BE IT OR-
DAlNED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA,
S"tion I. ThO' O,di.,n" No. 33-49
known" the "Tuffic Cod, of Du-
buqu" low," " 'mended b, ,.d the
"m' i, hmby 'mended by ,dding ,
new .ub",tion 8 to Section C of Sched-
ul, X ,.d a new .ub",tion 9 to S",ion
C of Schedul, X thmof " follow"
"Schedul, X
C. Eaotbound v,hid" muot yield ¡,.,-
fo" ontoting th, into"",ion of,
8. C""y D"ve ,.d M"ywood
D"v" 'outh ioto"",ion.
9. C,i"y D,ive and M"ywood
D".., nonh intm,,"on."
Pa",d, 'ppwved ,.d adopted thi. 8th
d,y of July, 1974.
AI!.n T. Thorn.
Mayo,
C. Rob", Juotm,.n
J,m" E. Budy
Alvin E. Lundh
Emil St"k"
Co=cilmon
ATTEST,
Lro F. Fmmmelt
City Cl"k
Publi.hed officially in th, Tel"uph
Hmld N,w.pape, ,hi. lah d,y of July
1974.
Lro F. Fmmmel,
Ci'y CI"k
I' 7-11
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Justmann,
Stackis.
Nays-None.
July 8, 1974
Mr. Gilbert D. Chavenelle,
City Manager
c/o Dubuque City Solicitor
Re: Ecmnenical Housing Incorpo-
rated
On June 27, 1974, I ,transmitted
to Mr. Russo supporting docu-
ments indicating that Ecmnenical
Housing had heretofore expended
in excess of $130,000.00 toward
the construction expense involved
in the high rise faciiity.
We are aware of pending litiga-
tion wherein a challenge has been
made regarding the City's expendi-
ture of these funds and as of June
25, 1974, we received a formal
feasibility letter from the Depart-
ment of Housing & Urban Devel-
opment a copy of which I enclose.
You will note that Paragraph
12 of the exhibit attached to the
feasibiiity letter requires that Ecu-
menical Housing have evidence of
funds in the amount of $325,676.00
on deposit in the name of Ecu-
menical Housing prior to or at the
time of requesting firm commit-
ment.
We are in the process of sched.
uling the firm commitment meet.
ing and need to have the $100,-
000.00 on deposit in the name of
Ecumenical Housing in order to
arrange that meeting.
In view of the pending litiga-
tion, we believe that the safest
way for all parties to proceed
would be for the City to advance
the funds to us on the express
conditiou that in the event the
litigation should turn out adverse-
ly to Ecumenical Housing incor-
porated or the City of Dubuque,
Ecumenical Housing Incorporated
would and does hereby guarantee
to make a prompt refund to the
City of Dubuque of such funds.
We trust that with this guaran-
tee you would be in a position
to make immediate .transmittal to
us of the $100,000.00 amount.
Thank you very much.
Thomas W. Rhomberg,
President
Ecmnenical Housing
Incorporated
Councilman Lundh moved that
the communication be received
and filed and City Manager be
directed to disburoe $100,000.00 to
Ecmnenical Housing. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays-Councilman Justmann.
There being no further business,
Councilman Stackis moved to ad-
journ the meeting. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Leo F. Frommelt
City Clerk
386
Special Session, July 8, 1974
APIProved ............ ........---..................1s:T4
Adopted ..............................................:1974
..........................................................
..........................................................
............................................"............
..........................................................
............................................."...........
Councilmen
Attest:
City Clerk
Special Session July 15, 1974
387
CITY COUNCIL
OFFICIAL
Special Sassion, July 15, 1974,
Council met at 7:30 P.M. (C.D.T.)
Presenl-Mayor Thoms, Council.
men Brady, Juslmann, Slackis. Cily
Manager Gilbert D. Chavenelle.
Absenl-Councllman Lundh.
Mayor Thoms read the eal1 and
stated that service thereof had
been duly made and this meeting
is called to CONSiDER A VACA.
TION AND SALE OF A PORTiON
OF MAPLE STREET TO THE DU.
BUQUE PACKING CO. and acting
upon such other business as may
properly come before a regu1ar
meeting of the Council.
Jniy 9, 1974
Honorable Mayor
and City Council
I am returning the petition of
residents on Balboa Drive request-
ing the installation of street light-
ing.
The area has been investigated
by the Electrical Inspector and it
is recommended that ,threc (3)
175 watt mercury vapor fixtures
on wood poles be installed at the
following locations:
1. On property line between
2761 and 2765 Balboa Drive.
2. On property line between
2782 and 2786 Balboa Drive.
3. At the intersection of Balboa
Drive and North Grandview
Avenue----on an existing pole.
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Man-ager
Councilman Brady moved that
the communication be received
and filed and recommendation be
approved. Seconded hy Mayor
Thoms. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Ahsent-eouncilman Lundh.
July 11, 1974
To the Honorable Mayor
and City Council
Please he advised that I have
approved the following Sidewalk
Construction Bond; and desire to
have your approval on same.
_.._---~~~ .. ~-
-"~
William LuGrain, Midwestern
Casualty & Surety Co. Bond No.
28445, dated July 1, 1974.
Gilbert D. Chavenelle,
etty Manager
Mayor Thoms moved that the
communication be received and
filed and filing approved subject
to approval of City Solicitor. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Juslmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
July 11, 1974
To the Houorahle Mayor
and City Council
You will recall that Dorance
Pitz and Loretta Pitz, and Wayne
Mills and Patricia Mills, as plain-
tiffs, commenced an action agalnst
the Board of Adjuslment, City of
Dubuque, Iowa, as defendants, as
Law No. 40022, in which the said
plaintiffs challenged the action of
the Board of Adjustment relating
to what was done hy said Board
relating to the Fourth Street area.
This matter was tried to the
Court without a jury, -and on July
11, 1974, the District Court of Du-
buque County, Iowa, Honorable
Karl Kenline presiding, entered
judgment and decree in favor of
the Board of Adjustment, City of
Dubuque, Iowa, ordering that the
Writ of Certiorari theretofore is-
sued be quashed and the court
costs assessed against the plaintiff.
Accordingly, this hrings said
matter to a conclusion unless there
is an appeal which the plaintiffs
would have the right to file within
thirty (30) days of entry of the
judgment or after ruling on post-
trial motions.
Original petition is returned
herewith, and a copy of this com-
munication is directed to the
Board of Adjuslment, City of Du-
buque, Iowa.
R. N. Russo,
City Attorney
Mayor Thoms moved that the
communication be received and
filed and made a matter of record.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
388
Special Session July 15, 1974
M~01~e :,f u~~~:r::';n;:o:::~u~i \ m;;'~r;¿y~~:t~~~:"~k~~Cil-
for camper damages incurred in Nays - None.
the parking ramp between 8th & Absent - Counciiman Lundh.
9th Street on Locust Street as the Proof of Publication, certified
result of not enough clearance at to by .the Publisher, of notice of
exit on July 3, 1974, presented vacation and sale of a portion of
and read. Mayor Thoms moved that Maple Street to the Dubuque pack-
the notice of claim be referred ing Company between 16th and
to the City Solicitor for proper 17th Streets, presented and read.
proceedings. Seconded by Council- No written objections were reeeiv-
man Brady. Carried by the foliow- ed and no oral objectors were
ing vote: present in the Council Chamber
Yeas - Mayor Thoms, Council. at tbe -time set for the public
men Brady, Justmann, stackis. hearing. Mayor Thoms moved that
Nays - None. the proof of publication be receiv-
Absent - Councilman Lundh. ed and filed. Seconded by Council-
Notice of Claim of James M. man Stackis. Carried by the fol-
Peters in an undetermined amount, lowing vote:
for broken car radio antenna at Yeas - Mayor Thoms, Council-
the 8th Street parking ramp ent- men Brady, Justmann, Stackis.
rance on June 28, 1974, presented Nays - None. .
and read. Mayor Thoms moved that Absent - Councllman Lundh.
the notice of claim he referred to ORDINANCE NO 49-74
the City Solicitor for proper. pro- An Ordinance for Ih~ Vacation
ceB edd1DiSé Se~.:;d~ b?;. CO~~~I~~~ and Sale of Ihal portion of Maple
ra y. am y e 0 Street lying between Ihe North
vote: . Curb Line of Easl 161h Siraet
Yeas - Mayor Thoms, Council- 10 South Curb Line of Easl 17lh
men Brady, Juslmann, Stackis. Straet in Ihe City of Dubuque,
Nays - None. . Iowa
Absent - CO"."Cllman Lundh.. said Ordinance having been pre-
Notice of ClalDl of Frank TIDl- viously presented and read at the
merman in the am?unt of $5O.~7 Council meeting of June 17, 1974,
for truck damage mcurred while presented for final adoption.
unloading at the ClIy Landf1ll al-
legedly bumped into by a City
E!nployee on July 6, 1974, present-
ed and read. Mayor Thoms moved
that the notice of claim be referred
to the City Solicitor for proper
proceedings. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
Petition of Linda Shimerda et al
(29 signers) requesting the erec-
tion of a stop sign at Biock A onto
Butterfield Road and one 15 MPH
speed sign be placed at southwest
corner of PennsylvaJÙa and But-
terfield Road and one at east side
of Butterfield Road at entrance
from Block A in Oakbrook Sub.,
presented and read. Mayor Thoms
moved the petition he received and
filed and referred to the City Man-
ager and Traffic ,Deparlment for
investigation and report. Seconded
by Counciiman Stackis. Carried by
the following vote:
ORDINANCE NO. 49.74
AN ORDINANCE FOR THE V A-
CATION AND SALE OF THAT
PORTION OP MAPLE STREET
LYING BETWEEN THE NORTH
CURB LINE OF EAST 16TH
STREET TO SOUTH CURB LINE
OF EAST 17TH STREET IN THE
CITY OF DUBUQUE, IOWA
WHEREAS, Dubuqu. P"king Com-
pany, Dubuqu., Io"a b.. ",,""on.d tb.
City Coun.il of ,],. City of Dubuqu.,
Iowa for ,]" .,c"ion of tb" po"ion of
Mapl. S"'" lying bot""n tb. No"b
curb lin. of E..r 16tb S"'" to Soutb
curb lin. of Ea" 17tb S""t in tho City
of Dubuque, Iowa and for tho purcb..,
of ..id ."",d portion of Mapl. S""t
by Dubuqu. P"king Company; and
WHEREAS, ,],. P!.nning and Zooing
Commanon of ,],. Cicy of Dubuque,
Io"a, b.. rccoomm.ndod ,],. "",,,ion
of "id ""'" and
WHEREAS, tho City Council of tho
City of Dubuqu., Iowa dmrmin.. tb"
,"d all.y ,bould b. .",tod ..d dUpe.i-
"on of "m. ro tho ",,""onm mould bo
approvod ,ubj"t to tbe ...au ..d condi-
<ion' bminaf... "t out:
NOW THEREPORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OP THE
CITY OF DUBUQUE, IOWA,
Special Session July 15, 1974
389
Sec""" 1. Tb" tb" penion of Mapl.
St"'t in tbe City of Dubuqu.. Iowa
lyiog bot""n tb. norcb curb line of
Ea" 16m s"co< to tho ,outb curb lin. of
Em 17tb St"'t b. and tb. ..m. i.
hor.by vac",d, and tho "I. thoreof to
Dubuqu. Packing Company b. and the
..me ¡, hmby approvod.
Seenon 2. Thor tbe Ci<y Clork be ,nd
be ¡, b.",by diremd to publi.h no"ce of
in"nt to d¡'po" of ,aid vacarod po"ion
of Maple S"co< to Dubuqu. Packins
Compaoy for tho ,um of On. Thou"nd
Eigbr Hundred (!IBOO.OO) Don", and
""" of publication and any pl""ng
"""', ,ubi'" to on ....ting utility"'"
m.o" and th" no ab""" ..ill bo fur-
nisb.d and conVOyaOce ,bon be by Qui<
Claim D"d.
Pa",d, opprovod and adopted thi, 15tb
day of July, 1974.
Anon T. Thom,
M",."
C. Robe" Junmann
Emil Suck;,
Jom.. E. B"dy
Councilmcn
ATTEST,
L.o F. F<nmmeh
Chy Clork
Publi,b.d olficiolly in ,b. T.l.g"ph
Herald N....po"., ,bit 19th day of July
1974.
Loo F. Frommdt
City CI"k
It. 7.19 .
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Stackis. carried by the
following v<>te:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays - None.
Absent - Councilman Lundh.
RESOLUTION NO. 270-74
WHEREAS, pursuant to Resolu-
tion of published notice of time
and place of hearing published in
the Telegraph-Herald, a newspaper
of general circulation published in
the City of Duhuque, Iowa, on June
21, 1974 and June 28, 1974, City
Council of the City of Dubuque,
Iowa, met on the 15th day of July,
1974, at 7:30 o'clock P.M. (Central
Daylight Savings Time) in the City
Council Chambers, City Hall, Du-
huque, Iowa to consider proposal
to dispose of interest of the City of
Dubuque, Iowa, in real estate,
hereinafter described, to Dubuque
Packing Company; and
WHEREAS, City Councii of the
City of Dubuque, Iowa, over-ruled
any and all objections, oral or
written, to the proposal to di.pose
of interest of City of Dubuque,
Iowa, in the hereinafter described
real estate to Dubuque Packing
Company;
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:
That portion of vacated Maple
Street in the City of Dubuque,
Iowa, lying between the north
curb line of East 16th Street
to the south curb line of East
17th Street
to Dubuque Packing Company for
the purchase price of One Tho"",
and Eight Hundred ($1,800.00) Dol-
lars and costs of puhlication, and
any platting costs, subject to all
existing utility easements and that
no abstract will be furnished and
conveyance shall be hy Quit Claim
Deed, be and the same is herehy
approved.
Section 2. That the City Clerk
be and he Is hereby 'authorized and
directed to deliver deed of convey-
ance conveying the above describ-
ed real estate to Dubuque Packing
CompanY upon receipt of the pur-
chase price.
Section 3. That the City Clerk
be and he is hereby authori2ed
and directed to record a certified
copy of this Resoulution in the
office of the Dubuque County Re-
corder.
Passed, approved and adopted
this 15th day of July, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thúms moved adoptiún of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Stackis.
Nays-None.
Absent - Councilman Lundh.
A resolution from the City of
Fort Dodge, Iowa supporting and
encouraging the concept of an ad-
vance rail system for Northern
Iowa that would connect Sioux
City, Fort Dodge, and Waterloú to
the newly existing Amtrak con.
390
Special Session July 15, 1974
nection in Dubuque, Iowa, pre-
sented and read. Councilman Just- I
mann moved that the resolution
be received and filed. Seconded
hy Mayor Thoms. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent-Councilman Lundh.
Communication of State Repre-
sentative R. W. Welden, addressed
to Mayor Thoms, stating legisla-
ture is depending on the Trans-
portation Commission to come up
with recommendations and figures
on the financial feasibility of what
might be done in the area of rail
transportation, presented and read.
Councilman Justmann moved that
the coDlIlunication be received
and filed. Seconded by Mayor I
Thoma. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, stackis
Nays-None.
Absent-Councilman Lundh.
RESOLUTION NO. 271.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of ciga.
rettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Beverly Glynn, 1121 University
Avenue
Big G Steak House, Inc., Plaza 20
Norbert Bisping, 1401 Elm Street
Mister Donut, 914 Dodge Street
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thoms
Mayor
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, Stackis.
Nays-Councilman Justmann.
Absent-Councilman Lundh.
RESOLUTION NO. 272.74
WHEREAS, applications for Liq.
uor Licenses have heen suhmitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Mrs. Patricia Revelle, 2776 Jack-
son Street
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
James E. Brady
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol.
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent-Councilman Lundh.
RESOLUTION NO. 273.74
WHEREAS, applications for liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "C" COMMERCIAL
BEER AND LIQUOR LICENSE
Mrs. Patricia Revelle, 2776 Jack-
son Street
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thoms
Mayor
C. Robert Juslmann
Emil Stackis
James E. Brady
Councilmen
Special Session July 15, 1974
391
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. earried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Stackis.
Nays-None.
Absent-Councilman Lundh.
RESOLUTION NO. 274-74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CLASS "B" BEER PERMIT
Dubuque Jaycees, 1023'h Main St.,
Sunday Sales
St. Elias The Prophet Greek Ortho-
dox Church, 1075 Rockdale Rd.,
Also Sunday Sales
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thoms
Mayor
C. Rohert Juslmann
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried ,hy
the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Stackis.
Nays-Councilman Brady.
Absent-Councilman Lundh.
RESOLUTION NO. 275.74
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 be issued to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Dubuque Jaycees, 1023"" Main St.,
Sunday Sales.
St. Elias The Prophet Greek Or-
thodox Church, 1075 Rockdale
Road, also Sunday Sales
Passed, adopted and approved
this 15th day of July 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun.
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Justmann, Stackis.
Nays-Councilman Brady.
Absent-Councilman Lundh.
Application for transfer of
Beer-Liquor License to Lorraine
A. Fransen from 1900 Washington
Street to 1100 Lincoln Avenue,
presented and read. Mayor Thoms
moved that the application he ap-
proved. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Justmann, Stackis.
Nays-Councilman Brady.
Absent-Councilman Lundh.
Application for transfer of Beer
Permit License from 1023'h Main
Street to McAleece Recreation
Softball Fields, Kerper Blvd. from
August 1 to August 11, 1974, for
Dubuque Jaycees, presented and
read. Mayor Thoms moved that the
application be approved. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Stackis.
Nays-Councilman Brady.
Absent-Councilman Lundh.
Mayor Thoms moved to suspend
the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justman, Stackis.
Nays-None.
Absent-Councilman Lundh.
Elza Adams addressed the Coun-
cil inquiring what type of recrea.
tion is available in the City of
Dubuque for the older people and
392
Special Session July 15, 1974
Special Session, July 22, 1974
393
CITY COUNCIL
complaining about the noise of
motorcycles and cars.
There being no further business,
Councilman Stackis moved to ad-
journ the meeting. Seconded by
Councilman Juslmann. Carried ,by
the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Juslmann, Stackis.
Nays-None.
Absent-Councilman Lundh.
Leo F. Frommelt
City Clerk
OFFICIAL
Special Session, July 22, 1974.
Council mal 01 7:30 P.M. (C.D.T.)
Presenl - Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. Cily Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that notice had heen duly
made and this meeting is called
for the purpose of GOING ON
RECORD REQUESTING LEGISLA.
TURE OF STATE OF IOWA TO
ADOPT A MOTORCYCLE HEL-
MET LAW FOR THE STATE and
acting upon such other business
as may properly come 'hefore a
regular meeting of the City Coun-
cil.
Communication of Duane A.
Denlinger, Chairman of Duhuque
County Committee for Handi-
capped Persons submitting copies
of Senate File 1124, relating to
curb ramps for the physically han-
dicapped, and Senate File 1125, re-
lating to the construction of pri-
vate and public buildings and fa-
cilities which are intended for use
hy the general public, presented
and read. Mayor Thoms moved
that the communication be re-
ferred to the City Manager for
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Iowa Depart-
ment of Environmental Quality,
notifying of public hearing to be
held at 1:30 P .l\1. on September
11, 1974, in Ames, Iowa concern-
ing State of Iowa Air Pollution
implementation Plan, presented
and read. Mayor Thoms moved
that the communication he re-
ferred to the City Manager and
Council. Seconded by Councilman
Lundh. Carried hy the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Iowa State
Highway Commissioner, Jules M.
Busker, addressed to the Mayor,
Aipproved
.............l974
Ado¡pted ..........
........¡9'/14
..."........................
Mayor
................................."...
Councilmen
"""","""""""""'"
Attest: """ë1i;"ëi~rk
""'" "
thanking Council & Staff for en-
joyable day, whiie visiting the
City on June 26, 1974, presented
and read. Mayor Thoms moved
that the communication ,be re-
ceived and filed. Seconded hy
Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Naya-None.
Communication of Low-Rent
Housing Commission submitting
minutes of their meeting of July
9, 1974, presented and read. Coun-
cilman Lundh moved that the
communication be received and
filed. Seconded hy Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
Communication of Edna M.
Thompson, eoordinator-Aid to Dal-
ly Living, reprimanding some
councilmen on charges agalnst Mr.
Paul ZImmerman, presented and
read. Mayor Thoms moved that
the communication .be received
and filed. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
July 19, 1974
Honorable Mayor and Members
of the City Council
I have approved the following
policies and desire to have your
approval of same for filing.
General Liability Policy
M. F. Goerdt Construction Com-
pany, etal, Dubuque, Iowa Bi.
tuminous Casualty Corporation
Fire & Marine Ins. Co. Policy
No. GA739247 to April 1, 1975.
Tschiggfrie Excavating, etal, Du-
buque, Iowa. Bituminous Cas-
ualty Corporation Fire & Ma-
rine Ins. Co. Policy No. GA-
753174 to April 1, 1975.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received and
filed and filing be approved suhject
to the approval of the City Attor-
ney. Seconded by Mayor Thoms.
Carried by the following vote:
394
Special Session, July 22, 1974
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Dubuque
County/Municipal Civil Defense
Agency submitting their report
for the year 1973, presented and
read. Mayor Thoms moved that
the communication be received
and filed and Civil Defense Direc-
tor, Ben J. O'Leary, be commend-
ed for work done during the year.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
July 19, 1974
Honorable Mayor
and City Council
I am submitting herewith the
reports of the City Treasurer,
Auditor, Water Superintendent,
Health Department, as well as a
list of claims paid, for the month
of June 1974.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received
and filed and Financial Report be I
put on file to be made available
to the Council in the future. Sec-
onded by Councilman Stackis. Car-
ried by the following vote
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
Notice of Claim of LaVern Ney,
in the amount of $550.00, for 1964
Pontiac automobile allegedly sto-
len from the City Garage while
being held for evidence, present-
ed and read. Mayor Thoms moved
that the notice of claim be re-
ferred to the City Attorney for
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Communication of Dubuque
County Attorney notifying City of
a public hearing to be held on
July 24, 1974, at 1:00 P.M. at
County Court House for determi-
nation of payment of storage
charges for vehicle of John & Judy
Kramer, presented and read. Ma-
yor Thoms moved that the com-
'"
munication be referred to the City
Attorney for proper proceedings.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Juslmann, Lundh,
Stackls.
Nays-None.
July 17, 1974
Honorable Mayor
City Council
On June 7, 1974, Robert Boyar-
ski, 3445 Sunset Park Circle, Du-
buque, Iowa, filed claim against
the City of Dubuque in the approx-
imate amount of $200.00 alleging
damages to personal property in
the basement of his home as a re-
sult of a sewer back up allegedly
occurring on October 7, 1973, as
a result of a clogged city sewer.
This matter was referred to the
appropriate city agency who made
investigation thereof and advised
this office on July 11, 1974, of
no negligence on the part of the
city. In view of the foregoing, it
is the recommendation of the city
attorney that the clahn of Robert
Boyarski ,be denied. Original claim
is returned herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
recommendation of denial be ap-
proved. Seconded by Councilman
Lundh. Carried by tbe following
vote:
Yeas - Mayor Thoms, Council.
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Petition of Fondell & Sons, Inc.,
requesting permission to excavate
at 1525 Rhomberg Avenue to re-
pair broken water line, presented
and read. Mayor Thoms moved
that the petition be received and
filed and approved. Seconded by
Councilman Stackls. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
Petition of YMCA-YWCA re-
questing to rewne North East cor-
ner of Dodge and Booth Streets,
located at 1497 Dodge Street, from
two family residence district to
multiple family to provide for non-
revenue off-street parking use,
presented and read. Councilman
Justmann moved that the petition
be referred to the Planning & Zon-
Special Session, July 22, 1974
395
ing Commission. Seconded hy
Councilman Stackis. Carried ,hy
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
Petition of Mrs. Christine Zhn-
mer et al objecting to the pro-
posed building of a several-car ga-
rage on the corner of Alpine St.
& University Ave., presented and
read. Councilman Stackis moved
that the petition be referred to
the Council meeting of July 29,
1974. Seconded by Councilman
Brady. Carried by the foliowing
vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
Petition of Donald Brimeyer re-
questing refund of $75.00 on unex-
pired Class "B" Beer Permit #B-
2816, as he has discontinued busi-
ness on July 17, 1974, presented
and read. Mayor Thoms moved
that the petition be approved and
City Auditor be directed to issue
proper warrant. Seconded by Coun.
cilman Justmann. Carried by the
following vote
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
RESOLUTION NO. 276-74
Aulhorizing Ihe Execution of e
Certificale of Complelion for
Thomas F. Leibold.
WHEREAS, under date of Au-
gust 5, 1971, the City of Duhuque
entered into a Contract for the
Sale of Land for Private Redevel-
opment with Thomas F. Leihold
for the real estate hereinafter de.
scribed; and
WHEREAS, under the terms of
said contract the suhject real es-
tate was conveyed by the City of
Dubuque under date of Septem-
ber 20, 1971, to Thomas F. Leibold
who constructed thereon certain
hnprovements; and
WHEREAS, Section 307 of said
contract provides that upon com-
pletion of the improvements the
City of Dubuque will furnish
Thomas F. Leibold a Certificate
of Completion; and
WHEREAS, it has determined
that the reqnlred hnprovements
have been satisfactorily complet-
ed; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
Section I. That the Mayor and
City Clerk be and they are here-
by authorized and directed to exe-
cute a Certificate of Completion
for Thomas F. Leibold for the im-
provements located on Lot 1 of
Block 4 in Dubuque Downtown
Plaza in the City of Dubuque,
Iowa, situated in the Downtown
Urban Renewal Project, Iowa R-15.
Seclion 2. That the Clerk he
and he is hereby authorized and
directed to file a copy of this reso-
lution and the executed copy of
the Certificate of Completion in
the office of the County Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 22nd day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded hy Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays-None.
RESOLUTION NO. 277.74
Aulhorizing Ihe Execution of .
Certificale of Complallon for
The First Nalional Bank of
Dubuque.
WHEREAS, under date of Oc-
tober 6, 1970, the City of Dubuque
entered into a Contract for the
Sale of Land for Private Redevel-
opment with The First National
Bank of Dubuque and Adams
Realty Corporation for the real es-
tate hereinafter descrihed; and
WHEREAS, under the terms of
said contract the subject real es-
tate was conveyed hy the City of
Dubuque under date of June 8,
1971, to The First National Bank
of Dubuque who constructed there-
on certain improvements; and
WHEREAS, Section 307 of said
contract provides that upon com-
pletion of the Improvements the
City of Dubuque will furnish The
396
Special Session, July 22, 1974
First National Bank of Duhuque a
Certificate of Completion; and
WHEREAS, it has determined
that the required improvements
have been satisfactorily completed;
noW therefore
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor and
City Clerk be and they are hereby
Authorized and Ilirected to execute
a Certificate of Completion for
The First National Bank of Du-
buque for the improvements lo-
cated on Block 18 in Dubuque
Downtown Plaza in the City of
Dubuque, Iowa, situated in the
Downtown Urban Renewal Project,
Iowa R-15,
Seclion 2. That the City Clerk ,be
and he is hereby authorized and
directed to file a COpy of this reso-
lution and the executed copy of
the Certificate of Completion in
the office of the County Recorder
in and for Dubuque County, Iowa.
Passed, approved and adopted
this 22nd day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
wear protective headgear and eye
protective devices are critically
essential to the pu,blic health, wel-
fare, and safety in terms of the
general public as well as to the
motorcyclist; and
WHEREAS, the City Council of
the City of Dubuque, Iowa, con-
siders it of critical importance that
all interested parties bring to bear
such moral persuasion upon such
State Legislature of Iowa by way
of vigorous representations there-
to in the interest that said legis-
lature immediately adopt a motor-
cycle heimet law for the State of
Iowa,
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Council,
City of Dubuque, Iowa, does for-
many go on record requesting that
the Legislature of the State of
Iowa, at the earliest possible time
adopt a motorcycle helmet law for
the State of Iowa.
Section 2. That a certified copy
of this Resolution be transmitted
forthwith to the office of the
Governor of the State of Iowa, to
the Director of Public Safety of
the State of Iowa, and to the major-
ity and the minority leaders of the
Senate and of the House of Repre.
sentatives, State Legislature of
Iowa.
Passed, approved and adopted
this 22nd day of Jniy, 1974.
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
yeas - Mayor Thoms, Council-
men Brady Justmann, Lundh, I
Stackis.
Nays - None.
RESOLUTION NO. 278-74
wHEREAS, the City Council of
the City of Dubuque, Iowa, has
become painfully aware of the in-
crease in the incidents of motor-
cycle accidents together with the
resulting increase in severe injur.
ies as the result of said accidents
to the motorcyclists, and which
injuries appear to he principally
involving head injuries resulting
in either, death or severe perma-
nent injuries; and
WHEREAS, it appears to the
City Council of the City of Du-
buque, Iowa, that the reqnirement
by State law for motorcyclists to
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Brady. Carried by the
foUowing vote:
Yeas - Councilman Brady,
Juslmann, Lundh, Stackis.
Nays - Mayor Thoms.
RESOLUTION NO. 279-74
Re.olulion Approving "West-
chester" in the Cily 01 Dubuque,
Iowa.
Whereas, there has been record.
ed in the Office of the eounty Re-
corder for Dubuque County, Iowa:
A plat of "Westchester" in Sec-
tion 21, Duhuque Township now
in the City of Dubuque, Iowa.
Special Session, July 22, 1974
397
by Westchester Inc. as Owner
thereof; and
Whereas, said plat was examined
by the City Planning and Zoning
Commission and approved by said
body; and
Whereas, on said plat appears
streets to be known as Southway,
Delmonaco Drive, and Dana Drive,
and also easements for public
utilities which the Owner upon
said plat has dedicated to puhlic
forever; and
Whereas, said plat has been
found ,by the City Council to con-
form to the Statutes and Ordi-
nances relating thereto except that
the streets have not been reduced
to grade or paving, sewer, water
or s.\dewalks installed therein;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedication of
Southway, Dana Drive, and Del-
monaco Drive together with the
easements for public utilities aU
as the same appears upon said
plat; be and the same are hereby
accepted and that said streets be
and are hereby established as
puhlic streets in the City of Du-
buque;
Section 2. That "Westchester" Is
hereby approved and the Mayor
and City Clerk are hereby author-
Ized and directed to endorse the
approval of the City of Dubuque
providing the owner of said pro-
perty, hereinbefore named, exe-
cutes written acceptance hereto
attached, agreeing:
a. To reduce Southway, Delmonaco
Drive and Dana Drive and to
grade as shown by the profiles
submitted and approved by the
Ctiy Engineer on July 19, 1974.
b. To surface all streets a width
of 31 feet with 6V." of Portland
Cement Concrete Pavement in-
cluding 4" Rolled Stone Base
bedding or 8" Rolled Stone Base
wtih 2~" Bituminous Concrete
Surface. All of the foregoing
shall be constructed according
to the latest City of Dubuque
Specifications and in conform-
ance with plans approved hy
tbe City Engineer on July 19,
1974.
c. To install sidewalks on both
sides of the streets (all) in ac-
cordance with the eity of Du- i
,buque Standard Specifications
for permanent sidewaikB.
d. To install water mains In ac-
cordance with plans .ubmitted
and approved by the City En-
gineer on July 19, 1974.
e. To install sanitary sewers in ac-
cordance with plans submitted
and approved by the City En-
gineer on July 19, 1974.
f. To install the sanitary sewer
and water house laterals for
each lot to be behind the p~
peTty lines in accordance with
plans submitted and approved
by the City Engineer on July
19, 1974-
g. To construct ail the Improve-
ments in accordance with plans
and specifications approved by
the City Manager and under the
inspection of the Ci,ty Enginei!!'.
h. To Inotal! the storm sewer sy-
stem in accordance with plans
suhtnitted and approved by the
City Engineer on July 19, 1974.
i. To maintain all street improve-
ments and sewer and water
mains and respective laterals
within the public right-of-way
for a period of four (4) years
from the date of its acceptance.
j. to construct all said improve-
ments prior to November 30,
1976.
k. To prov;de all the construction
and maintenance at the expense
of the Owner.
I. To be responsible for any
damage to existing utilities dur-
ing construction including silt-
ing of catch baslm due to run-
off from stripped areas of land,
and further repair said damages
immediately upon notice from
the City of Dubuque.
m. To install in accordance with
City Specifications, boulevard
street lighting within thirty (30)
days after the completion of the
adjacent curb and gutter within
any particular section of the
proposed subdivision.
n. To protect and maintain the
earthen and sodded berms con-
structed on the westerly area
of the subdivision for the pur-
pose of collecting storm runoff
and same shall become a per-
manent and incorporated part
of the final grading and land-
scaping of the subdivision. Any
damages of said berm or re-
grading thereof shall be cor-
rected at the owners expense
398
Special Session, July 22, 1974
immediately by the owner upon
notification of the City of Du-
buque. I
and further provided tbat West-
chester, Inc., as Owner of said Sub-
division secured the performance
of the foregoing conditions by pro-
viding security in such sums and
with sucb sureties as may be ac-
ceptable to the City Manager.
Saclion 3. That in the event West-
chester, Inc., shall fail to exe-
cute the acceptance and provide
security provided for in Section 2
hereof within forty-five (45) days
from the date of this Resolution,
the provisions hereof of the plat
shall not be effective.
Passed, adopted and approved
by recorded roll call vote this 22nd
day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Juslmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Juslmann, Lundh,
Stackis.
Nays-None.
To Leo F. Frommelt, City Clerk
This is to certify that the se-
curity required for the foregoing
Resolution 279-74 has been pro-
vided by the Owner. Dubuque,
Iowa, July 22, 1974.
Gilbert D. Chavenelle
City Manager
ACCEPTANCE OF
RESOLUTION NO. 279-74
Westchester, Inc., having read
the terms and conditions of the
foregoing Resolution 279-74, and
being familiar with the contents
thereof, hereby accept the same
and agree to perform the condi-
tions therein required.
WESTCHESTER, INC.
Homer V. Butt
President
Ed Turnqnist
Secretary
."","-
Dated July 22, 1974.
Councilman Stackis moved that
the matter of surface drainage in
new subdivisions be referred to
the City Manager with a view of
adopting an amendment of Sub-
division Ordinance to make pro-
visions of drainage problems. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, JustmanD, Lundh,
Stackis.
Nays - None.
Mayor Tboms moved approval of
the Acceptance of Resolution. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Tboms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
July 19, 1974
Honorable Mayor
and Councilmen
You have inqnired in to the
status of the petition of Dorrance
Pitz and others, which was re-
ferred to the Planning and Zoning
Commission at your meeting of
March 26, 1973. Tbepetition had
requested deletion of the profes-
sional Office provision as it per-
tained to property on the west
side of Bluff Street between West
Third Street and West Fifth Street,
and sought to limit this property
to residential uses ordinarily per-
mitted in the Multiple Residence
zone. The petition was never for-
mally placed before the Commis-
sion since tbe essential issue It
raised was then pending before
the Council in the form of a
competing request for the expan-
sion of the Professional Office
zone in the same area.
Ruth and Russell Nash had filed
a petition in September, 1972, re-
questing the expansion of the
Professional Office zone to include
their property at 471-473 West
Fourth Street, and further request-
ing a designation of historical or
architectural significance for that
structure to enable limited com-
mercial use pursuant to provisions
of Ordinance No. 28-70. The basic
premise of Ordinance No. '28-70
(historical preservation ordinance)
is that limited commercial use may
be allowed in significant older
Special Session, July 22, 1974
structures as a means of encourag- the petition of March 26, 1973, we
ing their survival, provided that will place it before the Commis-
such structures may he within an sion at their next regular meeting,
area otherwise deemed suitable for but on advice that it stands in
professional office use. The Pro- couflict with recent Council de-
fessional Office designation is an cisions in this area and would
independent and necessary pre- seriously erode the legal founda-
requisite for the application of lion of actions establishing the
the commercial use privilege of historical-commercial use district.
Ordinance No. 28-70. Daniel Dittemore
The Professional Office pro- Development Planner
~~~~s ~;e ~s\~~~~-c~~::'e~~f~ Councilm~ Stackis moved that
use could be attached, since the the comm!,DlcatIOn be. referred to
underlying zone is intended to ac- t?e Planmng and Zonmg Cor,nnus.
commodate restricted office uses SIOn. Seconded. by Councilman
within Multiple Residence areas, Justma~. CarrIed by the follow-
where traffic conditions, environ- mg vote.
mental character and relationship Yeas - Mayor Thoms, Council-
to adjacent areas of more intensive men Brady, Justmann, Lundh,
use would support the establish- Stackis.
ment of this intermediate office- Nays - None.
~~:~~~ng:ácediJ¡~f~i~ :~: b::~f:~ At 9:00 !'.M. May~r Thoms
tablished on the west side of Bluff moved to.go mto exe~utIve seSSIOn
Street in 1967 upon determination to consIder appomtments to
that this int~rmediate office-resl- Boards an.d Commissions. Se~onded
dentiai district was appropriate on by Counci!man Brady. Camed by
this perimeter of the downtown the following vote: .
commercial core. Yeas - Mayor Thoms, Council-
The Pitz petition had asked that ~~~kisBradY, Jnstmann, Lundh,
this zone he eliminated in the vi. .
cinity of West Fourth Street. To Nays - None.
do so would have isolated the Ele- Council reconvened in regular
vator area properties from any session at 9:13 P.M. and Mayor
office or commercial zone and Thoms announced the reappoint-
would have made the historical ment of Paul J. Frommelt to the
preservation zoning issue far more Playground & Recreation Commis-
vunerable to attack as "spot zon- sion for a three year term to
ing". This petition was therefore 7-5-77. Mayor Thoms moved ratifi-
an opposite alternative to the issue cation of the appointment. Sec-
then under consideration hy the onded by Councilman Lundh. Car-
Commission and Council, due to ried by the following vote:
irreconcilable differences between Yeas - Mayor Thoms Council-
it and the Nash request. men Brady, Justmann; Lundh
The minutes indicate that the Stackis. '
~~~sJ~~~re~a~f ~e p\~~l~:;~~ Nays - None.
co-petitioners during the extensive Councilman Lundh s,!bmitted a
proceedings which transpired after verbal report on his trip to Den-
the request had heen filed. How- ver, Colorado as an attendant at
ever, the Commission, and later NAHRO.
the Coun~i!, ruled in favor of !he There being no further business,
Nash petItIon for the expanSIon Councilman Stackis moved to ad-
of. the !,rofessional Of!ice .zone. At journ. Seconded by Councilman
this pomt, the competing ISsues of Lundh. Carried hy the following
the Nash and Pitz petitions had vote
~~nc~~':'~ile~obiha~~h~~m:::si~ft Yeas - Mayor Thoms, Council-
to be no n~ed for a separate re- men. Brady, Juslmann, Lundh,
sponse to Mr. Pitz and his co- Stackis.
petitioners. Nays - None.
If it is the wish of the Council Leo F. Frommelt
to obtain a specific response to City Clerk
399
400
AiPlPrO'Ved .....
Adopted ....
Attest:
City Clerk
Special Session, July 22, 1974
................1974
....................1974
Mayor
Councilmen
Special Session, July 29, 1974
401
CITY COUNCIL
OFFICIAL
Special Session, July 29, 1974.
Council met at 7:30 P.M. (C.D.T.)
Presenl - Mayor Thoms, Coun-
cilmen Brady, LlN1dh, Slackis. City
Manager Gilbert D. Chavan.lle.
Absenl-Councilman Juslmann.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of
INAUGURATING PROCEEDINGS
FOR THE CONSTRUCTION OF
CENTURY DRIVE AND BIES
DRIVE 8" SANITARY SEWER and
acting upon such other business as
may properly come ,before a reg-
niar meeting of the Council.
Communication of Playground &
Recreation Commission suhmitting
minutes of their meetings of Jniy
8th, 9th, 15th and 17th, presented
and read. Councilman Brady
moved that the communication be
received and filed. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Ahsent-Councilman Justmann.
Communication of Iowa Motor
Truck Assn. Inc., advising of legis-
lation to permit movement of
motor carrier traffic in Iowa bor-
der cities over and above length
and weight limitation Imposed by
Iowa, provided the vehicle was
within the limitations set out hy
the adjacent State and requesting
to be informed if the Council ap-
proves or restricts such operation
in the community, presented and
read. Mayor Thoms moved that
the communication ,he referred to
the City Manager and City Soli-
citor. Seconded hy Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Aibsent-Councilman Juslmann.
Communication of Congressman
Neal Smith advising of receipt of
Council resolution supporting rail
system service in northern Iowa
and he will take whatever action is
proper to assist in the project, pre-
sented and read. Mayor Thoms
moved that the communication be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
Communication of Water Re-
sources Congress advising of a
meeting to be held in Minneapolis
on August 15, 1974, to review
present status of maintenance
dredging and environmental ac-
tions, presented and read. Mayor
Thoms moved that the communica-
tion be referred to the Council.
Seconded by Councilman Lundh.
Carriedhy the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays - None.
Ahsent-Councilman Juslmann.
Communication of Iowa State
Highway Commission suhmitting
Adroinistrative Policies and Pro-
cedures Manual on Bikeway and
Walkway Facilities, presented and
read. Mayor Thoms moved that the
communication be referred to the
City Engineer and City Planner.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
Communication of Mayor Thoms
submitting a National League of
Cities communication in regard to
a pilot research program in co-
operation with the City and local
colleges and universities bearing
on problems confronting city of-
ficials, presented and read. Coun-
cilman Stackis moved that the
communication be referred to the
Ctiy Manager to make our interest
and intent known and investigate
same. Seconded <by Mayor Thoms.
Carried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
Communication of Planning &
Zoning Commission submitting
minutes of their meeting of July
17, 1974, presented and read.
Councilman Lundh moved that the
communication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
402
Special Session, July 29, 1974
._~
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
Communication of Playground &
Recreation Commission submitting
a feasibility report on the Ice Fa-
cility and an outline of the Five
Flags Center, presented and read.
Councilman Brady moved to sus-
pend the rules to let anyone
address the Council if they so de-
sire. Seconded by Councilman
Lundh. Carried hy the foliowing
vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
Mr. Richard Slattery of the Re-
creation Commission and Mr. Ron
Bowen of Bowen-Kanazawa Part-
nership Architects of Madison,
Wisconsin, presented the Council
with a Feasibliity Report on the
Ice Facility.
Councilman Brady moved to re-
instate the rules. Seconded by
Councilman Lundb. Carried by the
foliowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
Councilman Brady moved that
the communication and report be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
July 23, 1974
Honorable Mayor
and City Council
Enclosed is a petition received
by the Electrical Department from
J. W. Hansen Builder for street
light installation in Key Knolls
Subdivision.
The area has been investigated
by the Electrical Inspector and it
is recommended that six (6) 175
watt mercury vapor type fixtures,
on wood poles, be installed at the
following locations:
1. At the intersection of Hillcrest
Road and Keymeer Drive
2. On easement between 3625 and
3631 Keymeer Drive
3. On easement between 3586 and
3594 Keymeer Drive
4. On easement between 3562 and
3570 Keymeer Drive
5. On easement between 2033 and
2045 Woodrow Drive
6. At the intersection of Hillcrest
Road and Woodrow Drive.
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Councilman Brady moved that
the communication be received
and filed and request be approved.
Seconded by Councilman Lundb.
Carried by the foliowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
July 25, 1974
Honorable Mayor
and Councilmen
The City of Dubuque Planning
and Zoning Commission has re-
viewed the petitions of Holiing-
worth, Manning, Steffen, Koerper-
ick and Johnson, owners of pro-
pel'ty lying between Giencove Lane
and Pennsylvania Avenue. These
petitions were ali similar in nature
and had requested a reclassifica-
tion of portions of five single
family lots from Single Family
Residence District to Local Busi-
ness "B" District.
The Commission is aware tbat
these petitions were submitted to
you apparently in reaction to an-
other zoning reclassification mat-
ter then under consideration in an
adjacent area. The Commission has
also determined that there is no
reasonabie basis for favorable con-
sideration of these five petitions
and has recommended that they
be denied.
CITY pLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Lundh moved that
the communication be received
and filed and recommendation of
denial approved. Also, Planning
& Zoning Commission should
notify petitioners of action taken.
Seconded by Councilman Brady.
Carried by the foliowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
July 19, 1974
Honorable Mayor
and City Councli
On June 4, 1974, James W. Grant
of 431 Alpine Street, filed claIm
Special Session, July 29, 1974
403
against the City of Dubuque, Iowa,
in the amount of $2,385.00 claim-
ing said damages occurred on Feb-
ruary 27, 1974, as the result of a
plugged sewer at said site causing
sewage to back up into the base-
ment of his home.
This matter was referred to the
appropriate city agency who made
investigation thereof and advised
this office on July 17, 1974, of no
negligence on the part of the city.
In view of the foregoing, it is
the recommendation of the city
attorney that the claim of James
W. Grant be denied. Original claIm
is returned herewith.
R N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and the recommendation of
denial be approved. Seconded hy
Councilman Lundb. Carried hy the
foliowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundb, Stackis.
Nays-None.
Absent-Councilman Justmann.
Notice of Claim of Leeann Lar-
sen, in the amount of $62.83, for
car damage incurred at the time
of a police call at the Doghouse
during a disturbance on July 11,
1974, presented and read. Mayor
Thoms moved that the notice of
claIm be referred to the City At-
torney for proper proceedings.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
Notice of Claim of Richard J.
Kramer in the amount of $52.05,
for damaged garbage cans as the
result of mishandling by the City
garbage crews at 2721 Muscatine
Street over a period of time, pre-
sented and read. Mayor Thoms
moved that the notice of claIm be
referred to the City Attorney for
proper proceedings. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent--Councilman Justmann.
AN ORDINANCE amending Or-
dinance No. 24-69 known as the
"Ordinance Regulating Conduct in
Public Parks of the City of Du-
buque, Iowa" by amending Section
30 thereof and enacting a new
Section 30 in lieu thereof to pro-
vide for the open season or hours
for the respective parks in the
City of Dubuque, Iowa, presented
and read. Mayor Thoms moved
that the ordinance be referred to
the Park Board, City Manager and
City Solicitor. Seconded hy Coun-
cilman Lundh. Carried hy the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent--Councilman Justmann.
Petition of Delos A. Dorweiler
requesting action on the cutting
of weeds in various areas sur-
rounding his property at 2105
Kennedy Road, presented and
read. Mayor Thoms moved that the
petition be referred to the Health
Department for investigation and
report. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
Petition of Schwennsen & Haas
requesting the installation of park-
ing meters on Locust Street be-
tween 1st and 2nd Streets, pre-
sented and read. Mayor Thoms
moved that the petition be re-
ferred to the City Manager and
Traffic Department. Seconded by
Councilman Stackis. Carried hy the
foliowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundb, Stackis.
Nays - None.
Absent-Councilman Justmann.
Petition of St. Anthony Mess-
enger requesting permission to
solicit subscriptions to their maga-
zine as in previous years, present-
ed and read. Councilman Staekis
moved that the petition be ap-
proved subject to the recommenda-
tion of approval of City Manager.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
Petition of Loras College re-
questing permission to conduct a
Homecoming Parade on Oetoher
12, 1974, presented and read.
Mayor Thoms moved that the peti-
tion he approved subject to the
recommendation of approval from
404
Special Session, July 29, 1974
----
City Manager. Seconded by Coun. I
cilman Lundh. Carried by the fol. I
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent--Councilman Justmann.
Petition of Mrs. Christine Zlm.
mer et al (5 signers) forwarded
from last meeting requesting the
investigation of the bnilding of a
proposed garage at the corner of
Alpine &: University, presented
and read. Councilman Lundh
moved that the petition he reo
ceived and filed and building per-
mit be approved upon tbe recom-
mendation of the Building Com-
missioner. Seconded by Council-
man Brady, carried by the follow.
ing vote:
Yeas - Mayor Thoms, Councll-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
Petition of Sisters of Charity of
the B.V.M. Dubuque, Iowa, re--
questing permission to install
street lighting with underground
cable in Carmel Drive in Carmel
Heights, presented and read.
Mayor Thoms moved that the peti-
tion he referred to the Engineer-
ing Department for investigation
and report. Seconded by Council-
man Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
Verbal Petition of Councilman
Brady recommending that removal
of trees along North end of Flood-
:n":f ~":::Jt~~~~in;it1:'v~J~~ti~~ I
EngineerS, presented for discus-
sion. After some discussion, Coun-
cilman Brady moved that the
recommendation be left to the dis-
crimination of the City Engineer
and Corps of Engineers. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays-None.
A>J¡sent-Councilman Justmann.
Petition of Richard Hantelmann
requesting a refund of $75.00 on
the unexpired portion of cigarette
license #399, as business was dis-
continued on July 13, 1974, pre-
sented and read. Councilman
Lundh moved that the petition be
.,. 7 .
approved and the City Auditor be
directed to issue proper warrant.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
July 18, 1974
To the Honorable Mayor
and City Council
This is to advise you that the
8th Street Retaining Wall Recon-
struction Project has been com-
pleted substantially in accordance
with plans and specifications by
Harold Becker and Sons of Du-
buque, Iowa.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
FINAL ESTIMATE
RESOLUTION NO. 280.74
WHEREAS, the contract for the
construction of West 8th Street
Retaining Wall Reconstruction
1973 has been completed and the
City Engineer has submitted his
final estimate showing the cost
thereof including the cost of es-
timates, notices, inspection, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to ,be
$45,332.42-
That $0 of the cost thereof
shall be assessable upon private
property and $45,332.42 shall he
paid from the 1973 Revenue Shar-
ing Fund of the City of Duhuque.
passed, adopted and approved
this 29th day of July, 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Special Session, July 29, 1974
405
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman Justmann.
(A Rosolulion Accopling
Improvomonl)
RESOLUTION NO. 281-74
WHEREAS, 'the contract for the
construction of West 8th Street
Retaining Wall Reconstruction
1973 has been completed and the
Ctiy Manager has examined the
work and filed his certificate stat-
ing that the same has been com.
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
BE IT RESOLVED, ,by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is herehy accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer, be and
he is hereby directed to pay to
the contractor from the 1973
Revenue Sharing Fund.
Passed, adopted and approved
this 29th day of July, 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent-Councilman JustmaDD.
Communication of Planning &:
Zoning Commission recommending
approval of the Final Plat of "F.
D. R. Park View Heights" Subd.
in Table Mound Twp., presented
and read. Mayor Thoms moved
that the communication be tabled
and referred to the Council meet-
ing of August 5, 1974. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Juslmann.
A resolution approving plat of
"F. D. R. Park View Heights"
Subd. in Section 3, Table Mound
Twp., presented and read. Mayor
Thoms moved that the resolution
be referred to the City Solicitor
and City Engineer for report to
Council meeting of August S, 1974.
Seconded by Councilman stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackls.
Nays-None.
Absent-Councllman Justmann.
RESOLUTION NO. 282-74
Approval of preliminary esti.
mate, proposed plans, specifica-
tions, form of contract and all
other documents for the construc-
tion of and repair of Storm Sewer
on 24th Street (between Jackson
and Washington Streets) at an do
timated cost of $15,9113.52. Mayor
Thoms moved adoptIon of the res-
olution. Seconded hy Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays-None.
Ahsent-Councilman Justmann.
(Necosslty for Improvamont)
RESOLUTION NO. 283-74
WHEREAS, proposed plans,
specifications, form of contract
have been duly prepared and ap-
proved by the City Council of
the City of Dubuque and are now
on file in the office of the City
Clerk showing among other things
the following
1. An estimate of the coot of
the proposed improvement for the
repair of storm sewer on 24th St.
(between Jackson and Washington
Streets)
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
eny owners, deems it advisable
and necessary for the public wel-
fare to make the hereinmentioned
improvement, and unless any inter-
ested person appears and files ob-
jections to the proposed plans,
specifications, or have on file with
the City Clerk objections to the
amount of the cost of improve-
ment, they shall be deemed to have
waived all ohjections thereto.
Said improvement shall be con.
structed and done in accordance
-~..".'
406
Special Session, July 29, 1974
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve.
ment will be paid from the sani-
tation fund.
The above resolution was intro.
duced, approved, and ordered
placed on file with the City Cierk
this 29th day of July, 1974.
Approved and placed on file for
final action.
Approved:
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved approval of
the resolution. Seconded by Coun.
cilman Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays-None.
Aibsent----Councilman Justmann.
(Ordering Construcllon)
RESOLUTION NO. 284.74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa that pursuant to a Resolution
of Necessity No. 283-74 which was
duly passed by this Council for
the improvement of REPAIR OF
STORM SEWER ON 24th STREET
(between Jackson and Washington
Streets).
Be and same is hereby ordered
constructed by this Council upon
its own motion and with or with-
out the petition of property own-
ers.
All work shall be constructed in
accordance with the plans and
specifications heretofore adopted
and now on file in the office of
the City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of said
improvement be paid from the
Sanitation Fund.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of IMMEDIATE NE-
CESSITY shall -be in force and ef-
fect from and after its passage and
adoption -by the City Council.
Passed, adopted and approved
this 29th day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded -by eoun.
cilman Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent----Councilman Justmann.
(Fixing Dale of Hearing)
RESOLUTION NO. 285.74
WHEREAS, the City Council of
the City of Dubuque, Iowa has giv-
en its preliminary approval on the
proposed plans, spectfications, and
form of contract and placed same
on file in the office of the City
Clerk for public inspection for the
repair of storm sewer on 24th
Street (between Jackson and
Washington Streets).
BE IT THEREFORE RESOLVED
that on the 3rd day of September,
1974, a public hearing will be held
at 7:30 P.M. in the Council Cham-
ber of the City of D1>buque at
which time the objectors for the
proposed improvement may ap.
pear and make objection to the
proposed plans and spectfications
and proposed form of contract, to
the cost of the improvement and
the City Clerk be and he is hereby
directed to cause a notice of the
time and place of such hearing to
be published in some newspaper
published in the City of Dubuque
which shall he not less than ten
(10) days prior to the day fixed for
its consideration, and said Clerk
is further instructed to advertise
for proposals for the construction
of the aforementioned improve-
ment.
Passed, adopted and approved
this 29th day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Special Session, July 29, 1974
407
Mayor Thoms moved adoption
of the resolution. Seconded ¡by
Councilman Stackis. Carried ,by the
following vote: '
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Aibsent-Councilman Justmann.
July 23, 1974
To the Honorable Mayor and
City Council
I hereby submit the attached
sheets No.1 to 3 inclusive showing
a schedule of the proposed valua-
tion and assessments for the con.
struction of the Century Drive and
Bies Drive 8 inch sanitary sewer.
John L. White, P.E.
eity Engineer
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
RESOLUTION NO. 286-74
BE IT RESOLVED by the City
Council of the City of D1>buque,
Iowa:
Seclion I. That the attached
sheets numbered 1 to 3 inclusive,
are hereby determined to be the
schedule of proposed assessments
for the City of Dubuque, Iowa,
Century Drive and Bies Drive 8"
sanitary sewer, and the valuations
set out therein are hereby ap.
proved.
Adopted this 29th day of July,
1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
RESOLUTION NO. 287-74
Approval of preliminary esti-
mate, proposed plans, specifica-
tions, form of contract, plat and
all other documents for the con- ,
------
struction of Century Drive and
Bies Drive 8 inch Sanitary Sewer
at an estimated cost of $59,659.16.
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried -by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent----Coundlman Justmann.
(Necessity for Im,provemenl)
RESOLUTION NO. 288.74
WHEREAS, proposed plans, spec-
ifications, form of contract, plat
and schedule have ,been duly pre-
pared and approved hy the City
Council of the City of Dubuque
and are now on file in the office
of the City Clerk showing among
other things the following
1. The size and kind of sewers,
2. Each lot proposed to be as-
sessed together with a valuation
fixed hy the council
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.
4. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
Century Drive & Bies Drive 8 inch
Sanitary Sewer.
BE IT THEREFORE RESOLVED
that the City Council on its own
motion or upon petition of prop-
erty owners, deems it advisable
and necessary for the public wel-
fare to make the herein mentioned
improvement, and unless property
owners at the time of the final
consideration of this proposed res-
olution have on file with the City
Clerk objections to the amount of
the proposed assessments, they
shall ,be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve.
ment will be assessed upon and
against all privately owned prop-
erty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will ,be
assessed whether the same abuts
408
Special Session, July 29, 1974
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the sewer funds.
Sewer bonds shall be issued and
sold in anticipation of deferred
payments of assessments when a
contract has been performed and
accepted and the proceeds thereof
used to pay the contractor. The
railway portion of any street or
assessment district shall be as-
sessed to and paid by the railway
company.
The above resolution was intro-
duced, approved and ordered
placed on file with the City Clerk
this 29th day of July, 1974.
Approved and placed on file for
final action.
Approved:
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved approval of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Counci1man Juslmann.
(Fixing date of hearing)
RESOLUTION NO. 289.74
WHEREAS, the City Council of I
the City of Dubuque, Iowa, has by .
Resolution No. 287-74 given its pre-
liminary approval on the proposed
plans, specifications and form of
contract and placed same on file
in the office of the City Clerk for
public inspection, for the Century
Drive & Bies Drive 8 inch Sani-
tary Sewer, and,
WHEREAS, the proposed Reso-
lution of Necessity for said im-
provement has been introduced
and is now on file in the City
Clerk's office for public inspec-
tion,
BE IT THEREFORE RESOLVED
that on the 3rd day of September,
1974, a public hearing will be held
at 7:30 o'clock P.M. C.D.T. in the
Council Chamber in the City of
Dubuque at which time the own-
ers of property subject to assess-
ment for the proposed improve.
ment may appear and make ob-
jection to the proposed plans and
specüications and proposed form
of contract and at the same time
to the boundaries of the proposed
district, to the cost of the improve-
ment, to the amount proposed to
be assessed against any lot and to
the passage of the proposed Reso.
lution of Necessity and the City
Clerk be and he is hereby directed
to cause a notice of the time and
place of such hearing to be pub-
lished in some newspaper pub-
lished in tbe city of Dubuque, the
last of which shall .be not less
than two (2) nor more than (4)
weeks prior to the day fixed for
its consideration and unless prop-
erty owners at the time of final
consideration of said resolution
have on file with the Clerk objec-
tions to the amount of the pro-
posed assessment, they shall have
been deemed to have waived all
objections thereto, at which hear-
ing the Council will hear such ob-
jections and enter on record its
final decision thereon.
Passed, adopted and approved
this 29th day of July, 1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
RESOLUTiON NO. 290-74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law re1ating to the sale of Ciga.
rettes within the City of Dubuque,
Iowa, be granted a permit to seil
Cigarettes and Cigarette Papers
within said City.
Mrs. Alice Erschen, 2617 Univer-
sity Avenue
W. S. Sheppley & Company, 8th
and Locust Street
Special Session, July 29, 1974
409
Passed, adopted and approved
this 29th day of July 1974.
Ailan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Ahsent-Councilman Justmann.
RESOLUTION NO. 291.74
WHEREAS, applications for liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED ,by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provi.
sions of Chapter 131, Acts of the
First Regular Session, 64th Gen-
eral Assembly.
CLASS "c" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Pete S. Sfikas, 401 Central Avenue
James J. Klauer, 1646 Asbury St.
Donna M. Ginter, 342 Main Street
Passed, adopted and approved
this 29th day of July 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent--Councilman Justmann.
RESOLUTION NO. 292.74
WHEREAS, applications for liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to ,be is-
sued to the following named ap-
plicants a Liquor License.
CLASS "c" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Pete S. Sfikas, 401 Central Avenue
James J. Klauer, 1646 Asbury St.
Donna M. Ginter, 342 Main Street
Passed, adopted and approved
this 29th day of July 1974.
Allan T. Thoms
Mayor
Emil Stackis
James E. Brady
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays-None.
Absent--Councilman Justmann.
There being no further business,
Councilman Stackis moved that
the meeting be adjourned. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays-None.
Absent-Councilman Justmann.
Leo F. Frommelt
City Clerk
-110
Special Session, July 29, 1974
Regular Session, August 5, 1974
411
CITY COUNCIL
1974
Approved
OFFICIAL
Regular Session, Augusl 5, 1974.
Council mel a,1 7:30 P.M. (C.D.T.)
Present-Mayor Thoms, Council-
men Brady, Lundh, Stackis. Cily
Manager Gilbert D. Chavenelle.
Absent-Councilman Justmann.
Mayor Thoms read the call and
.tated that service thereof had
been duly made and this is The
Regular Monlhly Meeting of the
Council called for the purpose of
acting upon such business as may
properiy come before the meeting.
Mayor Thoms read a proclama.
tion declaring the week of' August
19, 1974, as "Mental Retardation
Week" per the request of Knights
of Columbus Local Council #510.
Communication of Urban Re-
newai Director Gent M. Witten.
berg, requesting time for Mr. Rob-
ert Hampton to discuss the status
of the proposed Motor Inn Lodge,
granted 90 day extension on May
6, 1974, presented and read. Coun-
cilman Stackis moved that the com-
munication be received and filed.
Seconded by Couucilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent - Councilman Justmann.
Councilman Stackis moved to
suspend the rules to let anyone
address the Council if they so de-
sire. Seconded by Councilmau
Lundh. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays - None.
Absent - Councilman Justmanu.
Mr. Mills and Mr. Hampton ad-
dressed the Council stating they
feel confident Motor Inn Lodge
project will become a reality in
the very near future. At this time,
they are requesting another 90 day
extension on their Contract due to
financing difficulties.
Mayor Thoms moved that the 90
day extension request of R. Hamp-
ton Associates be granted, subject
to re-negotiation by the City of
Dubuque at their discretion and in
consultation with R. Hampton As-
sociates to November 4, 1974. Sec-
onded by Couucilman Stackis. Car-
Adopted
1974
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ATI'EST:
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ried by the following vote:
Yeas - Mayor Thoms, Council.
men Brady, Lundh, Stackis.
Nays-None.
Absent - Councilman Justmann.
RESOLUTION NO. 293.74
Authorizing an Exlension of lime
in which R. Hamplon and Com.
pany, Inc. is 10 commence con-
slruction on certain land in the
Downlown Urban Renewal Proj.
ect, Iowa R-I5
WHEREAS, under date of Sep-
tember 4, 1973, the City of Du-
buque and R. Hampton and Com-
pany, Inc. entered into a Contract
for Sale of Land for Private Re-
development covering Block 14 in
Dubuque Downtown Plaza; and
WHEREAS, the said Contract
provided that construction was to
commence within six montbs from
November 11, 1973, the date of
delivery of the deed to said parcel
of real estate by the City of 'Du-
buque to R. Hampton and Com-
pany, Inc.; and
WHEREAS, the City Council of
the City of Dubuque at their meet-
ing of May 6, 1974, granted R.
Hampton and Company, Inc., at
their request, a ninety day exten-
sion of time in which to commence
construction upon the said parcel
of real estate; and
WHEREAS, R. Hampton and
Company, Inc. has been unable
to secure the required commitment
for financing the construction of
the improvements upon the said
parcel of real estate; and
WHEREAS, it is deemed to be in
the best interest of the Downtown
Urban Renewal Project, Iowa R-15,
and the City of Dubuque to grant
R. Hampton and Company, Inc. a
further 'extension of time in whicb
to commence and complete con-
struction of the required improve-
ments; now therefore
BE IT RESOLVED BY THE
COUNCIL OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. That the time in which
R. Hampton and Compauy, Inc. is
to commence construction of the
required improvements upon Block
14 in Dubuque Downtown Plaza be
and the same is hereby extended to
11-4, 1974, and the time in which
the said improvements are to be
completed shall be eighteen months
from said date.