1974 December Council Proceedings580 Special Session, November 25, 1974
Approved 1975.
Adopted 1975.
Mayor
Councilmen
Attest:
City Clerk
Regular Session, December 2, 1974 581
CITY COUNCIL
OFFICIAL
Regular Session, December 2,
1974.
Council met at 7:30 P.M. (C.S.T.)
Present—Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this is the
REGULAR MONTHLY MEETING
of the City Council called for the
purpose of acting upon such busi-
ness as may properly come before
the meeting.
Playground & Recreation Com-
mission submitting minutes of their
meeting of November 18, 1974, pre-
sented and read. Mayor Thoms
moved that the minutes be receiv-
ed and filed. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Low -Rent
Housing Commission submitting
minutes of their meeting of No-
vember 19, 1974, presented and
read. Mayor Thoms moved that the
minutes be received and filed. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Iowa Depart-
ment of Environmental Quality
submitting construction permit No.
74-378-S for Waste Water Treat-
ment Facilities Phase H Contract
IV, presented and read. Mayor
Thorns moved that the communica-
tion be received and filed. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Communication of Delos Dorwei-
ler expressing desire to construct
a single family 4 or 5 bedroom for
rental under FHA 23 Program,
75% subsidized on his lot at Ken-
nedy & Carter,presented and read.
Mayor Thoms moved that the com-
munication be received and filed
and referred to Planning & Zon-
ing Commission. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Dubuque Advisory Commission
submitting minutes of their meet-
ing of November 26, 1974 and com-
munication from Dave Clemens re-
questing permission to address the
Council, presented and read.
Mayor Thoms moved to suspend
the rules to let anyone present
address the Council if they so de-
sire. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Dave Clemens addressed the
Council relative to neighborhood
parks, particularly in the 3rd
Street area. Mayor Thorns moved
that the minutes of the Advisory
Commission be received and filed.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
November 22, 1974
Honorable Mayor and
City Council
On October 31, 1974, James R.
Schlegel, 1085 W. 32nd, Dubuque,
Iowa, filed claim against the City
of Dubuque in the amount of $25
and alleging in said claim that
said damages occurred on October
30, 1974, as the result of a City
owned truck backing over and de-
molishing his mailbox at said ad-
dress.
This matter was referred to the
appropriate City Agency who has
made an investigation thereof and
has reported to this office that
said claim had been amicably set-
tled. It is therefore the recommen-
dation of the City Attorney that
the claim of James R. Schlegel be
denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
582 Regular Session, December 2, 1974
Mayor Thorns moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Merlin Lang-
kamp, in an estimated amount of
$125, for damage incurred as the
result of a sewer back-up at 2977
Wildwood Ave. Apt. 6 on October
26, 1974, presented and read. Ma-
yor Thoms moved that the notice
be referred to the City Solicitor
for proper proceedings. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Theresa Rud-
zianski, in the amount of $45, for
car damage incurred as the result
of striking a hole in the street on
McCormick off University on No-
vember 25, 1974, presented and
read. Mayor Thoms moved that
the notice be referred to the City
Solicitor for proper proceedings.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Appeal to the District
Court in the matter of condemna-
tion for the purpose of erecting,
constructing, operating and main-
taining a sanitary land fill, pre-
sented and read. Mayor Thoms
moved that the notice be referred
to. the City Solicitor for proper
proceedings. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 68-74
An Ordinance Amending Ordi-
nance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by repealing Section
37 of Schedule VI thereof and
repealing Section 52 of Schedule
VI thereof and repealing Section
84 of Schedule VI thereof and
enacting a new Section 37 to
Schedule VI thereof and enact-
ing a new Section 52 to Sched-
ule VI thereof and enacting a
new Section 84 to Schedule VI
in lieu thereof to provide that
Motor Vehicles Shall be Prohib-
ited from Parking on Streets as
Hereinafter Designated, present-
ed 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, Coun-
cilmen 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 Ma-
yor Thoms. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO, 68-74
AN ORDINANCE AMENDING ORD-
INANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED BY REPEALING
SECTION 37 OF SCHEDULE VI
THEREOF AND REPEALING SEC-
TION 52 OF SCHEDULE VI THEREOF
AND REPEALING SECTION 84 OF
SCHEDULE VI THEREOF AND EN-
ACTING A NEW SECTION 37 TO
SCHEDULE VI THEREOF AND EN-
ACTING A NEW SECTION 52 TO
SCHEDULE VI THEREOF AND EN-
ACTING A NEW SECTION 84 TO
SCHEDULE VI IN LIEU THEREOF
TO PROVIDE THAT MOTOR VEH-
ICLES SHALL BE PROHIBITED FROM
PARKING ON STREETS AS HEREIN-
AFTER DESIGNATED.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1: That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa" as amended be and the same is
hereby amended by repealing Section 37
of Schedule VI thereof and by repealing
Section 52 of Schedule VI thereof and by
repealing Section 84 of Schedule VI there-
of and by enacting in lieu thereof a new
Section 37 to Schedule VI thereof and
by enacting a new Section 52 to Schedule
VI thereof, and by enacting a new Sec-
tion 84 to Schedule VI as follows; to -wit:
"Schedule VI
In accordance with Section 16.22 and
Regular Session, December 2, 1974
583
when signs are erected giving notice
thereof, no person shall, at any time,
park a vehicle upon any of the fol-
lowing described streets or parts of
streets:
37. On the south side of West Tenth
from Central Avenue to Iowa Street
and both sides from Locust Street to
Bluff Street.
52. Both sides of Bluff Street from
Dodge Street to Jones Street and the
west side from Jones Street to West
First Street and the east side from
West Seventh Street to West Ninth
Street and both sides from West Ninth
Street to West Tenth Street.
84. Both sides of West Ninth Street
from Bluff Street to University Ave-
nue and the south side from Bluff
Street to Iowa Street and both sides
from Iowa Street to Central Avenue."
Passed, approved and adopted this 2nd
day of December, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 5th day of Dec-
ember 1974.
Leo F. Frommelt
City Clerk.
It. 12-5.
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Mayor Thoms. Car-
ried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Request of Mrs. Tom Gibbs of
1333 Kaufmann Ave. to address
the Council relative to a building
problem, also request of Wanda
Kronfeldt relative to a building
problem in another area, presented
and read. Mayor Thoms moved
that the request be tabled and re-
ferred to the City Manager and
be brought back one week hence
for further discussion. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays—Councilmen Brady, Just -
mann.
Petition of Version E. Puls et al
(12 signers), neighbors of Thomas
Gibbs, requesting that Mr. Gibbs
be allowed to proceed with instal-
lation of electricity in his newly
constructed studio, presented and
read. Mayor Thoms moved that the
petition be tabled and referred to
the City Manager and be brought
back one week hence for further
discussion. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified
to by the Publisher, of Notice of
Public Hearing to consider sale of
Lot 11 in Watter's Sub. to Charles
Hemmer, presented and read. No
written objections were filed and
no oral objectors were present in
the Council Chamber at the time
set for the hearing. Mayor Thoms
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 412-74
WHEREAS, pursuant to Resolu-
tion to publish notice of time and
place of hearing published in the
Telegraph -Herald, a newspaper of
general circulation published in
the City of Dubuque, Iowa, on the
31st day of October, 1974 and the
7th day of November, 1974, City
Council of the City of Dubuque,
Iowa, met on the 2nd day of De-
cember, 1974, at 7:30 o'clock P.M.
(Central Standard Time) in the
City Council Chambers, City Hall,
Dubuque, Iowa, to consider pro-
posal to dispose of interest of the
City of Dubuque, Iowa, in real es-
tate, hereinafter described to
Charles Hemmer; and
WHEREAS, City Council of the
City of Dubuque, Iowa, overruled
any and all objections, oral or
written, to the proposal to dispose
of interest of City of Dubuque,
Iowa, in the hereinafter described
real estate to Charles Hemmer;
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:
584 Regular Session, December 2, 1974
Lot 11 in "Watter's Subdivision"
of part of Wooten's Addition in
the City of Dubuque, Iowa, ac-
cording to the recorded plat of
said Addition
to Charles Hemmer for the pur-
chase price of Twenty-five Hun-
dred ($2,500.00) Dollars, and costs
of publication and any platting
costs, and conveyance will be by
Quit Claim Deed.
Section 2: That the City Clerk
be and he is hereby authorized
and directed to deliver deed of
conveyance conveying the above
described real estate to Charles
Hemmer upon receipt of the pur-
chase price.
Section 3: That the City Clerk
be and he is hereby authorized and
directed to record a certified copy
of this Resolution in the office of
the Dubuque County Recorder.
Passed, approved and adopted
this 2nd day of December, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION OF BOARD OF
PARK COMMISSIONERS
WHEREAS, the Board of Park
Commissioners of the City of Du-
buque, Iowa, is the owner of a
parcel of real estate described as:
Lot 2 of Lot 1 of Lot 1 of Eagle
Point View in the City of Du-
buque, Iowa, according to the
recorded plat thereto,
and;
WHEREAS, John V. Meehan and
Naomi R. Meehan, are the owners
of real estate described as:
Lot 2 of Eagle Point View in
the City of Dubuque, Dubuque
County, Iowa, according to the
recorded plat thereof
and;
WHEREAS, due to location, pres-
ent use and future contemplated
uses of said properties, the parties
are desirous of exchanging said
parcels of real estate and such ex-
change is authorized under Section
36839, 1973 Code of Iowa, as
amended;
and;
WHEREAS, said properties be-
ing of the same approximate ap-
praised monetary value, the Board
of Park Commissioners of the City
of Dubuque, Iowa, deems it in the
best public interest that said ex-
change be effected;
NOW THEREFORE BE IT RE-
SOLVED by the Board of Park
Commissioners of the City of Du-
buque, Iowa:
Section 1. That the exchange of
the two parcels of real estate here-
in above described and respective-
ly owned by the Board of Park
Commissioners of the City of Du-
buque, Iowa, and John V. Meehan
and Naomi R. Meehan be and the
same is hereby approved.
Section 2. That at the appropri-
ate time, that the Chairman of the
Board of Park Commissioners of
the City of Dubuque, Iowa be au-
thorized and empowered to execute
a deed conveying the interest
owned by it in said real estate
and that same be delivered upon
receipt of duly executed deed by
John V. Meehan and Naomi R.
Meehan conveying same.
Passed, approved and adopted
this 12th day of November, 1974.
Dominic Goodmann
Chairman
Thomas G. Schrup
Frederick R. Appel
Attest:
Thomas G. Schrup
Secretary
Mayor Thoms moved that the
resolution be received and filed
and made a matter of record. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Steckis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing, to consider sale of Lot
2 of 1 of 1 of Eagle Point View in
exchange for property from John
V. & Naomi R. Meehan known as
Lot 2 of Eagle Point View, present-
ed and read. No written objections
were filed and no oral objectors
Regular Session, December 2, 1974 585
were present in the Council Cham-
ber at the time set for the hearing.
Mayor Thorns moved that the proof
of publication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 413-74
WHEREAS, pursuant to Resolu-
tion to publish notice of time and
place of hearing published in the
Telegraph -Herald, a newspaper of
general circulation published in
the City of Dubuque, Iowa, on the
31st day of October, 1974 and the
7th day of November, 1974, City
Council of the City of Dubuque,
Iowa, met on the 2nd day of De-
cember, 1974, at 7:30 o'clock P.M.
(Central Standard Time) in the
Council Chamber, Dubuque, Iowa,
to consider proposal to dispose of
interest of the Board of Park Com-
missioners of the City of Dubuque,
Iowa, in real estate, hereinafter de-
scribed to John V. Meehan and
Naomi R. Meehan, husband and
wife; and
WHEREAS, the City Council of
the City of Dubuque, Iowa, over-
ruled any and all objections, oral
or written, to the proposal to dis-
pose of interest of the Board of
Park Commissioners in the here-
inafter described real estate to
John V. Meehan and Naomi R.
Meehan, husband and wife;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1: That the disposal of
interest of the City of Dubuque,
Iowa, in the following described
real estate, to -wit:
Lot 2 of Lot 1 of Lot 1 of Eagle
Point View in the City of Du-
buque, Iowa, according to the
recorded plat thereto,
to John V. Meehan and Naomi R.
Meehan, husband and wife, in ex-
change for a parcel of real estate
owned by said grantees, described
as follows:
Lot 2 of Eagle Point View in
the City of Dubuque, Dubuque
County, Iowa, according to the
recorded plat thereof,
be and same is hereby approved.
Section 2: That the Mayor and
City Clerk, City of Dubuque, Iowa,
be and they are hereby authorized
and directed to execute deed of
conveyance conveying the above
described real estate to John V.
Meehan and Naomi R. Meehan,
husband and wife, and deliver said
deed upon receipt of duly executed
Warranty Deed conveying to the
City of Dubuque, Iowa, the herein
and above described real estate
owned by the Meehans.
Section 3: That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the of-
fice of the Dubuque County Re-
corder.
Passed, approved and adopted
this 2nd day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
MATCHING RESOLUTION
RESOLUTION NO. 414-74
WHEREAS, the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved that it
will provide during the calendar
year of 1975 cash funds for the
following Iowa Crime Commission
projects:
Brief Description of Project—
Area Administration for the North-
east Iowa Area Crime Commission.
Amount of funds being provided—
$832.25.
WE FURTHER RESOLVE that
we will provide in-kind match dur-
ing the calendar year of for
the following projects:
Brief Description of Project
Type of In-kind—(Salary, Space,
etc.)
Valuation of In-kind Provided
586 Regular Session, December 2, 1974
Passed this 2nd day of Decem-
ber, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thorns. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 415-74
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.
Thomas Ehlinger, The Pink Pan-
ther, 2417 Rhomberg Avenue
Passed, adopted and approved
this 2nd day of December 1974.
Allan T. Thorns
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
compliance with the terms of the
Ordinances of the City.
CLASS "C" BEER PERMIT
Osco Drug, Inc., 703 Main Street
Hartig Drug Company, 2225 Cen-
tral Avenue
Hartig Drug Company, 700 Main
Street
Hartig Drug Company, 2255 J. F.
Kennedy Road
Hartig Drug Company, 97
Street
Passed, adopted and approved
this 2nd day of December 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
RESOLUTION NO. 416-74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
Locust
Attest
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 417-74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Osco Drug, Inc., 703 Main Street
Hartig Drug Company, %,25 Cen-
tral Avenue
Hartig Drug Company, 700 Main
Street
Hartig Drug 'Company, 2255 J. F.
Kennedy Road
Hartig Drug Company, 97 Locust
Street
Regular Session, December 2, 1974 587
Passed, adopted and approved
this 2nd day of December 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 418-74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 04th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Colette A. Oyen, Aragon Tap, 1103
Iowa Street
Passed, adopted and approved
this 2nd day of December 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Staclds.
Nays—None.
RESOLUTION NO. 419-74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Coletta A. Oyen, Aragon Tap, 1103
Iowa Street
Passed, adopted and approved
this 2nd day of December 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis -
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
At 9:55 P.M., Mayor Thorns
moved to go into executive session
to consider appointments to vari-
ous Boards and Commissions. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Council reconvened in regular
session at 10:22 P.M. Mayor Thorns
moved the reappointment of Dr.
Wayne Moldenhauer to the Dock
Commission, term expiring Novem-
ber 26, 1977. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh.
Nays—Councilman Stackis.
There being no further business,
Councilman Justmann moved to ad-
journ the meeting. Seconded by
588 Regular Session, December 2, 1974
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved 1975.
Adopted 1975.
Mayor
Councilmen
Attest:
City Clerk
Special Session, December 9, 1974 589
CITY COUNCIL
OFFICIAL
Special Session, December 9,
1974.
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chavenelle.
Mayor Thorns read the call and
stated that service thereof had
been duly made and this meeting
is called to CONDUCT A PUBLIC
HEARING ON AN INTERIM ORDI-
NANCE REQUIRING A SPECIAL
PERMIT FROM THE BOARD OF
ADJUSTMENT TO ALLOW THE
EXTERIOR ALTERATION OF
BUILDINGS WITHIN A CERTAIN
AREA and acting upon such other
business as may properly come be-
fore a regular meeting of the
Council.
Communication of Dubuque
Homebuilders & Associates dis-
agreeing with the proposed in-
crease in the cost of building in-
spection in the proposed City
Building Code, presented and read.
Councilman Stackis moved that
the communication be referred to
the Council. Seconded by CounciI-
man Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque Park
Board recommending the installa-
tion of two tennis courts and fenc-
ing the area on the Third Street
reservoir at an estimated cost of
$10,777.50, presented and read.
Councilman Justmann moved that
the communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 6, 1974
To the Honorable Mayor
and City Council
The question of tennis courts be-
ing placed on the Third Street wa-
ter reservoir is before you for con-
sideration. Before the final deter-
mination is made I request that
consideration be also given to the
needs of the water department.
For your information I am en-
closing a copy of a letter written
by Mr. Hail, in which he discusses
the need for protecting the reser-
voir.
Gilbert D. Chavenelle
City Manager
Councilman Justmann moved
that the communication be re-
ferred to the Advisory Commission
for investigation and report. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Robert L
Day Sr., expressing opposition to
use of chartered air service in the
manner recently used by members
of the Council in connection with
the signing of the new Mass Tran-
sit Bill in Washington, presented
and read. Councilman Lundh
moved that the communication be
received and filed. Seconded by
Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque
Deanery, Court Dubuque, C.D.A.,
Catholic Mothers Study Clubs,
Third Order of St. Francis, J. F.
IC. Council Knights of Columbus,
Family Rosary Group, Padre Pio
Prayer Group protesting the show-
ing of Triple X films and the open-
ing of a Triple X Theatre on South
Main Street, 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 Mrs. John Hei-
derscheit, president of Dubuque
Deanery Council of Catholic Wom-
en, objecting to the proposed Tri-
ple X Theatre coming to Dubuque,
presented and read. Mayor Thoms
moved that the communication be
received and filed. Seconded by
590 Special Session, December 9, 1974
Councilman Lundh. Carried by the I &0Guaranty
0-74 term ending Novnd No. e 0
following vote:
Yeas — Mayor Thoms, Coun- I ber 25, 1975. D. Chavenelle
City Manager
Councilman Lundh moved that
filing be approved. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Notice of Claim of Eldon Oyen,
in the amount of $664.08, for car
damages incurred as the result of
striking manholes in Rosemont
Street on December 3, 1974, pre-
sented and read. Councilman
Lundh moved that the notice be
referred to the City Solicitor for
proper proceedings. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of
Hearing to consider an Interim Or-
dinance in the Fourth & Fifth
Street area, presented and read.
Mayor Thoms moved that the proof
of publication be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
A Proposed Interim Ordinance
requiring a special permit from
the Board of Adjustment to allow
the exterior alteration of any
building located within the area
"Beginning at the southwest cor-
ner of West Fifth Street and Bluff
Street thence southerly along the
west side of Bluff Street to the
northwest corner of the intersec-
tion of Bluff Street and Emmett
Street, thence westerly along the
north side of Emmett Street to
the northeast corner of the inter-
section of Emmett Street and St.
Mary's Street, thence northerly
along the east side of St. Mary's
Street and continuing along the
east side of the extension of St.
Mary's Street to its intersection
with West Fifth Street, thence
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Richard C.
Wagener of 1970 Winne Court ob-
jecting to the proposed Triple X
Theatre and they not be issued a
permit, presented and read. Mayor
Thoms moved that the communi-
cation be received and filed. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Packet of information submitted
by Mrs. Mary Lee Marting of 360
Mississippi View Drive relative to
legislation as to each State adopt-
ing their own obscenity law, pre-
sented. Councilman Justmann
moved to suspend the rules to let
anyone present address the Coun-
cil if they so desire. Seconded by
Councilman Stackis. Carried by
the following vote : Thoms,
Yeas Mayor
cilmen Brady, Justmann,
Stackis.
Nays—None.
Mrs. Mary Lee Marting ad-
dressed the Council by stating that
a movement is being started to
have legislation changed at the
State level to deal with the obscen-
ity law, by reducing the age to 17,
whereby obscenity will be legal-
ized. She also is interested in pro-
motingthTh oh Law"tofree
work
of"Citizens
or
Decency
cency g
Amrica from the grip of the Com-
mercial Pornographers. Mayor
Thoms moved that the packet be
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas .— Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Coun-
Lundh,
December 5, 1974
Honorable Mayor and Members
of the City Council
I have approved the following
sidewalk constructionbona dsame
de-
sire to have yourapproval
for filing.
Richard Anthony d/b/a Anthony
Construction Co., U. S. Fidelity
Special Session, December 9, 1974 591
easterly along the south side of such restraint to be made applica-
West Fifth Street to its intersec- ble in all neighborhoods of histor-
tion with Bluff Street, which is '.. Mal or architectural significance.
the point of beginning", and fur- An ordinance, by the revised
don will
ais
ther requiring a Ninety (90) day
waiting period prior to the issu- meeting of December 18, 1974,
ance of a demolition permit for and we anticipate that a public
any building located within such
aforementioned area, having been
previously read at the meeting of
October 14, 1974, presented. Coun-
cilman Lundh moved that the Pro-
posed Interim Ordinance be NULL
AND VOID. Seconded by Council-
man Brady. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 6, 1974
Honorable Mayor and Councilmen
City Hall
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on an interim
form of historical preservation or-
dinance which proposed to regu-
late exterior alterations and de-
molition of structures in the West
Fourth Street Neighborhood.
Prior to its public hearing, the
Commission staff had met with
representatives of the neighbor-
hood. Notice of the ordinance and
public hearing had also been sent
to all owners of property within
the area of application of the or-
dinance.
hearing would follow in January.
A copy of this revised ordinance
is attached for your information.
We request that the Council with-
hold action on it pending comple-
tion of efforts by the Planning and
Zoning Commission.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Mayor Thoms moved that the
communication be received and
filed and referred to the Council.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
The record of public hearing re-
marks has been transmitted to you
in the Commission minutes of No-
vember 20, 1974. Those remarks
revealed a consensus within the
neighborhood that the restriction
on exterior modification was too
broad to gain acceptance by prop-
erty owners, and that a more uit-
to
able and effective approach
preservation should also include
other neighborhoods containing
concentrations of historically or
architecturally significant struc-
tures.
In response to this view, the
Commission voted unanimously to
recommend that you reject the in-
terim historical preservation ordi-
nance in its present form. The
Commission has so instructed a revised form sof
ts
taff to prepare
ordinance to contain only the re-
straint on building demolition with
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing to consider amending
the Traffic Ordinance by enacting
a new subsection 95 to Schedule VI
to prohibit parking on the north
side of Ungs Street from Clarke
to Hoyt Street, presented and read.
No written objections were filed.
Mr. William Olson voiced objection
as to prohibiting parking on the
north side of Ungs Street. Mayor
Thoms moved that the proof of
publication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
AN ORDINANCE Amending Or-
dinance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa,"
as amended, by enacting a new
Subsection 95 to Schedule VI there-
of to prohibit parking of motor ve-
hicles on the North side of Ungs
Street from Clarke Drive to Hoyt
Street, said Ordinance having been
previously read at the meeting of
November 25, 1974, presented and
read. Mayor Thoms moved that the
ordinance be referred to the City
Manager for investigation and re-
port. Seconded by Councilman
Lundh. Carried by the following
vote:
592 Special Session, December 9, 1974
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Thompson's Food
Markets Inc., requesting transfer
of Beer License from 2119 Rhom-
berg Ave. to 1101 Rhomberg Ave.,
presented and read. Mayor Thoms
moved that the request be ap-
proved. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Nelson M. Norwood
Sr., requesting a refund of $150 on
the unexpired portion of Class "B"
Beer Permit #B-1198, presented
and read. Mayor Thorns moved that
the refund be granted and the City
Auditor be directed to issue prop-
er warrant. Seconded by Council-
men Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, "Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 420.74
Authorizing an Extension of the
Advertising Period for Receipt
of Proposals for the Develop-
ment of Privately Owned Hous-
ing.
WHEREAS, under date of No-
vember 4, 1974, the City Council
of the City of Dubuque adopted
Resolution No. 375-74 authorizing
the receipt of proposals for the
development of privately owned
housing pursuant to Section 23 of
the U.S. Housing Act of 1937, as
amended; and
WHEREAS, pursuant to said res-
olution, an Invitation for Propos-
als was published in The Tele-
graph Herald, on November 7,
1974, and November 14, 1974, re-
quiring that proposals be received
no later than December 13, 1974;
and
WHEREAS, in response to such
invitation Developer's Packets
have been provided to certain de-
velopers; and
WHEREAS, it appears to be in
the best interest of the City of Du-
buque in order to provide adequate
time to prepare and to solicit ad-
ditional proposals to extend the
time in which all proposals shall
be submitted to the City of Du-
buque; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa:
SECTION 1. That the time by
which all proposals are to be sub-
mitted pursuant to the Invitation
for Proposals for the development
of privately owned housing in ac-
cordance with the regulations of
the U.5. Department of Housing
and Urban Development is hereby
extended to 10:00 o'clock AM, CST,
December 30, 1974.
SECTION' 2. That the Director
of the Department of Community
Development is hereby authorized
and directed to publish notice of
the extension of time and to per-
sonally advise with written con-
firmation all developers who have
obtained a Developer's Packet.
Passed, approved, and adopted
this 9th day of December, 1974.
Allan T. Thorns
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays — Councilmen Brady, Just -
mann.
November 25, 1974
To the Honorable Mayor
and City Council
The 1973 Concrete Sidewalk Pro-
gram has been completed sub-
stantially in accordance with plans
and specifications by Ray McDon-
ald Construction of East Dubuque,
Illinois.
Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nay.. None.
Special Session, December 9, 1974 593
FINAL ESTIMATE
RESOLUTION NO. 421-74
WHEREAS, the contract for the
1973 Concrete Sidewalk Program
has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates, no-
tices, inspection, and preparing the
assessment and plat, now there-
fore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$24,626.31.
That $8,669.22 of the cost there-
of shall be assessable upon private
.09 shall be
property
aidfromafhe Street Fund of the
City of Dubuque.
Passed, adopted and approved
this 9th day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
(A Resolution Accepting
Improvement and Directing the
Clerk to Publish Notice.)
RESOLUTION NO. 422-74
WHEREAS, the contract for the
1973 Concrete Sidewalk Program
has been completed and the City
Manager has examined the work
and filed his certificate stating
that the same has been completed
according to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted and the City
Engineer be and is hereby directed
to prepare a plat and schedule
showing the lots or parcels of real
estate - subject to assessment for
said improvement and file the
same in the office of the City
Clerk subject to public inspection
and said Clerk shall upon receipt
of such plat and schedule publish
the notice of the Council's inten-
tion to levy special assessments
therefor, as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of Street
Improvement bonds issued upon
the above described improvement
in amount equal to the amount of
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 9th day of December, 1974.
Approved:
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
November 29, 1974
Honorable Mayor
and City Council
This is to advise you that the
improvement of Tenth Street from
Locust to Bluff, and the intersec-
tion of Ninth and Bluff, TOPICS
Project No. T-735-7(2) 84 31, Con-
tract No. 2, has been substantially
completed in accordance with the
City of Dubuque plans and speci-
fications.
I, therefore, recommend the ac-
ceptance of the above-named proj-
ect.
Gilbert D. Cbavenelle
City Manager
Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
594
Special Session, December 9, 1974
Yeas — Mayor Thoms, Council-
men Lundh, Stackis.
Nays --councilmen Brady, Just -
mann.
Paving and Buildings Removal has
been completed and the City Man-
ager has examined the work and
filed his certificate stating that
the same has been completed ac-
cording to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the Road Use Tax
Funds.
Passed, adopted and approved
this 9th day of December 1974.
Approved:
Allan T. Thoms
Mayor
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Lundh, Stackis.
Nays—Councilmen Brady, Just -
mann.
December 2, 1974
To the Honorable Mayor
and City Council
This is to advise you that the
City of Dubuque 1974 Concrete
n" Paving with Integral Curb Project
l- No. 2 has been substantially com-
pleted in accordance with the City
1- of Dubuque plans and specifica-
tions.
t- I therefore recommend the ac-
ceptance of the above named proj-
ect.
Gilbert D. Chavenelle
City Manager
Final Estimate
RESOLUTION NO. 423-74
WHEREAS, the contract for the
City of Dubuque 1974 Concrete
Paving with Integral Curb Project
No. 1, Tenth Street from Locust
Street
t e
Inter-
section of Ninth and luff Sets.
Contract No. 2 P.C. Concrete
Paving and Buildings Removal has
been completed and the City En-
gineer has submitted his final es-
timate showing the cost thereof in-
cluding the cost of estimates, no-
tices, inspection, and preparing the
assessment and plat, now there-
fore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$50,179.86 Cont., $5,361.71 Eng.
($55,541.03).
That none of the cost thereof
shall be assessable upon private
property and $55,541.03 shall be
paid from the Road Use Tax Fund
of the City of Dubuque.
Passed, adopted and approved
this 9th day AllaDecember 74
T. Thorns
Mayor
Emil Stackis
Alvin E. Lundh
Cocilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman
ou
cilman Lundh. Carried by the fol-
lowing
in
lowing vote:
Yeas — Mayor Thorns, Council-
men
ounci
men Lundh, Stackis.
Nays—Councilmen Brady, Just-
mann.
us
mann.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 424-74
WHEREAS, the contract for the
City of Dubuque 1974 Concrete
Paving with Integral Curb Project
No. 1. Tenth Street from Locust
Street to Bluff Street and Intersec-
tion
Contracttnth ct No.and
2 P.C.Bluff Streets.
Concrete
Mayor Thorns 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 --Councilman Justmann.
Special Session, December 9, 1974 595
Final Estimate
RESOLUTION NO. 425-74
WHEREAS, the contract for the
City of Dubuque 1974 Concrete
Paving with Integral Curb Project
No. 2, Ninth Street from Eighth
Street to Hill Street and Univer-
sity Avenue Intersection Recon-
struction has been completed and
the City Engineer has submitted
his final estimate showing the cost
thereof including the cost of esti-
mates, notices, inspection, and pre-
paring the assessment and plat,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$5,599.16 rockwall, $127,341.42
const., $12.376.39 eng.
That none of the cost thereof
shall be assessable upon private
property and $145,316.97 shall be
paid from the Road Use Tax Fund
of the City of Dubuque.
Passed, adopted and approved
this 9th day of December 1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 426-74
WHEREAS, the contract for the
City of Dubuque 1974 Concrete
Paving with Integral Curb Project
No. 2, Ninth Street from Eighth
Street to Hill Street and Univer-
sity Avenue Intersection Recon-
struction has been completed and
the City Manager has examined the
work and filed his certificate stat-
ing that the same has been com-
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from Road Use Tax
Funds.
Passed, adopted and approved
this 9th day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays—Councilman Justmann. -
December 6, 1974
Honorable Mayor and City Council
The matter of the Resolution
pertaining to the attendance by
members at meetings of Boards
and Commissions as proposed and
submitted by the City of Dubuque
Advisory Commission was referred
to the City Attorney, and I have
examined same and have prepared
same in a form usually submitted
to the City '.Council, and I direct
your attention that small minor
changes have been made in the in-
terest of clarity. In all other re-
spects, there are no other changes
in the tendered Resolution as re-
turned and submitted by the said
Commission.
R. N. Russo
City Attorney
Mayor Thorns moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 427-74
WHEREAS, the existence of
Boards and Commissions of the
City of Dubuque exist pursuant to
Iowa Law and for the purpose of
broadening Citizen participation in
this government; and
598
Special Session, December 9, 1974
WHEREAS, the attendance of
members of Boards and Commis-
sions at their respective meeting
is a requirement if the purposes
of said Boards and Commissions
are to be fulfilled.
WHEREAS, there should be a
uniform policy concerning attend-
ance requirements at such Board
and Commission meetings.
THEREFORE. BE TP RESOLVED
by the City Council of the City of
Dubuque, Iowa:
Section 1: That all members of
Boards and Commissions must at-
tend 66%% of all regularly sched-
uled and held meetings within
any 12 month period, and if said
member does not attend 6634%
of all regularly scheduled and held
meetings, it shall constitute
grounds after hearing by said
Board or Commission, to recom-
mend to the City Council that said
member be replaced.
Section 2: That the City Clerk
is hereby directed to forward a
true, certified copy hereof to each
Board and Commission of the City
of Dubuque, Iowa.
Passed, approved and adopted
this 9th day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councihnan Lundh moved adop-
tion of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Councilmen Brady, Just -
mann, Lundh, Staelds.
Nays — Mayor Thorns.
RESOLUTION NO. 42874
WHEREAS, the lease agreement
by and between the City of Du-
buque and C. W. Enterprises. Inc.
is to be assiened and transferred
to the Right -of -Way Department
of the Iowa State Highway Com-
mission, and such assignment
should be approved.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the agreement for revocable per-
mit by and between the City of
Dubuque and C. W. Enterprises,
Inc. for use of parcel of real es-
tate abutting 13. S. Highway No.
20 on Dodge Street, being 20 feet
wide and 562.92 feet in length is
hereby assigned to the Right-af-
Way Department of the Iowa State
Highway Commission acting for
the State of Iowa, and that the Ma-
yor and City Clerk be and they
are hereby authorized and empow-
ered to execute such assignment of
interest.
Passed, approved and adopted
this 9th day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stack's
Abrin 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, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 429.74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSES
Beverly A. Glynn, The Barrell,
1121 University Avenue
Shirley Mihalakis, Airport Inn, 574
East 16th Street
David A. Parochetti, Dave's Point
After, 2600 Dodge Street
Passed, adopted and approved
this 9th day of December 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Special Session, December 9, 1974 597
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 430-74
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 prover bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Beverly A. Glynn, The Barrell,
1121 University Avenue
Shirley Mihalakis, Airport Inn, 574
East 16th Street
David A. Parochetti, Dave's Point
After, 2600 Dodge Street
Passed, adopted and approved
this 9th day of December 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of City Attorney
submitting a proposed form of Or-
dinance and recommending adop-
tion of same, in the matter of ap-
plication of My -Cap Vendors re-
questing reclassification of certain
real estate at E. 32nd Street, pre-
sented and read. Councilman
Stackis moved that the communi-
cation be referred to the Planning
& Zoning Commission. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
The matter of Thomas Gibbs
permit was again discussed at
great length after which time
Councilman Justmann moved to
go on to other business. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
There being no further business
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Leo F. Frommelt
City Clerk
Approved 1975.
Adopted 1975.
Mayor
Councilmen
Attest
City Clerk
598 Special Session, December 12, 1974
CITY COUNCIL
OFFICIAL
Special Session, December 12,
1974.
Council met at 1:00 P.M. (C.S.T.)
Present - Mayor Thoms, Coun-
cilmen Justmann, Lundh, Stackis.
City Manager Gilbert D. Chave-
nelle.
Absent -Councilman Brady.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this meeting
is called for the purpose of CON-
SIDERING ADOPTION OF RESO-
LUTIONS FOR THE ISSUANCE
AND SALE OF $2,000,000 SEWER
BONDS and acting upon such oth-
er business as may properly come
before a regular meeting of the
Council.
Proof of Publication, certified to
by the Publisher, of Notice of
meeting for the issuance of Sewer
Bonds in the amount of $2,000,000.
presented and read. Mayor Thoms
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays -None.
Absent -Councilman Brady.
Proof of Publication, certified
to by the Publisher, of Official
Notice of sale of $2,000,000 City
of Dubuque Sewer bonds, present-
ed and read. Mayor Thoms moved
that the proof of publication be
received and filed. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays -None.
Absent -Councilman Brady.
Mayor Thoms called for open or
oral bids and receiving none,
moved that oral bidding be closed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays -None.
Absent -Councilman Brady.
Councilman Justmann moved
that the sealed bids received be
opened and read. Seconded by Ma-
yor Thoms. Carried by the follow-
ing vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays -None.
Absent -Councilman Brady.
The following sealed bids were
received:
Investment Rating: Moody's
Investors Service, Inc.... Aaa
$2,000,000
CITY OF DUBUQUE, IOWA
General Obligation Sewer Bonds
Date of Sale: December 12, 1974
BIDDERS
Continental Illinois National
Bank and Trust Company of Chi-
cago, Chicago, Manager First Mid
America, Inc., Omaha. AWARDED.
Price 100.0001; Coupon Rates 1976
5.20%, 1977 5.40%, 1978-82 5.00%,
1983-85 5.20%; Net Interest
5.1166%, $605,465.
Carleton D. Beh Co., Des Moines.
Price 100.0017; Coupon Rates 1976-
81 5.20%, 1982-83 5.10%•, 1984
5.20%, 1985 5.40%; Net Interest
5.2081%, $616,300.
Harris Trust and Savings Bank,
Chicago, Manager Iowa -Des Moines
National Bank, Des Moines, Beck-
er & Cownie, Inc., Des Moines.
Price 100.0017; Coupon Rates 1976-
79 5.40%, 1980-83 5.10%, 1984
5.20%, 1985 5.40%; Net Interest
5.2276%, $618,600.
The First National Bank of Chi-
cago, Manager LaSalle National
Bank, Chicago, William Blair &
Company, Chicago, Piper, Jaffray
& Hopwood, Inc., Minneapolis,
Blair A. Phillips Co., Inc., Daven-
port. Price 100.0002; Coupon Rates
1976-77 5.40%, 1978-83 5.20%, 1984
5.30%, 1985 5.40%; Net Interest
5.26405%, $622,913.
The Northern Trust Company,
Chicago, Manager, VanKampen,
Wauterlek & Brown, Inc., Chicago,
Dain, Kalman & Quail, Inc., Daven-
port, Shaw, McDermott & Co., Des
Moines, Central National Bank and
Trust Co., Des Moines. Price
100.0029; Coupon Rates 1976-83
51/4%, 1984 5.30%, 1985 5.40%;
Net Interest 5.2838. $625,258.
RESOLUTION NO. 431-74
RESOLUTION providing for the
sale and award of $2,000,000
Sewer Bonds and approving and
authorizing the agreement of
such sale and award.
WHEREAS notice of sale of
$2,000,000 Sewer Bonds of the City
Special Session, December 12, 1974 599
of Dubuque, in Dubuque County,
Iowa, has heretofore been given
in strict compliance with the pro-
visions of Chapter 75 of the Code
of Iowa, by publication of notice
for two or more successive weeks
in a newspaper published in Du-
buque County; and
WHEREAS all sealed bids have
been received and placed on file,
after which open bids were called
for and received, the highest of
which open bids was as follows:
the bid submitted by none, con-
sisting of par and accrued interest
plus a premium of $ NONE, with
the bonds to bear interest at the
following rates per annum:
Year of Interest
Maturity Rate
1976 to 1985 NONE
and thereafter such sealed bids
were opened, the substance of the
best sealed bid being as follows:
the bid submitted by Continental
Illinois National Bank and Trust
Company of Chicago consisting of
par and accrued interest plus a
premium of $2.00, with the bonds
to bear interest at the following
rates per annum:
Year of Interest
Maturity Rate
1976 5.20%
1977 5.40%
1978 5.00%
1979 5.00%
1980 5.00%
1981 5.00%
1982 5.00%
1983 5.20%
1984 5.20%
1985 5.20%
NOW, THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa, as follows:
Section 1. That upon being duly
advised in the premises it is here-
by determined that the bid of Con-
tinental Illinois National Bank and
Trust Company of Chicago for the
purchase of $2,000,000 Sewer Bonds
of said City, dated December 1,
1974, as advertised, bearing inter-
est at the rates specified in the
preamble hereof, is the highest
and best bid received and that
said bonds be and the same are
hereby awarded to said Continen-
tal Illinois Natinal Bank and Trust
Company of Chicago.
Section 2. That the form of
agreement of sale of said bonds
be and the same is hereby ap-
proved, and the Mayor, City Clerk
and City Treasurer are hereby au-
thorized to accept and execute the
same for and on behalf of the
City of Dubuque, Iowa, and to af-
fix the corporate seal of said City
thereto.
Section 3. That all resolutions
or part of resolutions in conflict
herewith be and the same are
hereby repealed.
Passed and approved December
12, 1974.
Allan T. Thoms
Mayor
Attest:
Leo F. Frommelt
City Clerk
Recorded December 12, 1974.
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays -None.
Absent -Councilman Brady.
Councilman Justmann moved
that all bidding be closed. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stack's.
Nays -None.
Absent -Councilman Brady.
Councilman Justmann moved
that all bid checks of deposit be
returned to the unsuccessful bid-
ders. Seconded by Mayor Thoms.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays -None.
Absent -Councilman Brady.
RESOLUTION NO. 432-74
A RESOLUTION initiating pro-
ceedings for the issuance of
52,000,000 Sewer Bonds.
WHEREAS the City of Dubuque,
in the County of Dubuque, State of
Iowa, heretofore, pursuant to and
in strict compliance with all laws
applicable, lawfully ordered and
provided for building and con-
structing sewers and improving the
sewer outlet and purifying plant in
and for said City, the cost where-
of to the amount of Two Million
Dollars ($2,000,000) is to 'be paid
600
Special Session, December 12, 1974
by said City as a whole by the is-
suance of bonds; and
WHEREAS it is necessary and
advisable that provisions be made
for the issuance of such bonds at
this time and notice and hearing
on the initiation of proceedings for
the issuance of said bonds has
heretofore been given in manner
and form required by Sections
23.12 and 408A.1 of the Code of
Iowa, 1973, as amended, and no
petition or protest against the is-
suance of said bonds has been
filed or made and no petition has
been filed requesting that the pro-
position of issuing said bonds be
submitted at an election;
NOW, THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa, as follows:
Section 1. That the City Clerk
be and he is hereby authorized and
directed to arrange for the prepa-
ration of a form of ordinance au-
thorizing the issuance of $2,000,000
Sewer Bonds of said City and pro-
viding for the levy of taxes to pay
the same.
Section 2. That this hearing be
adjourned to the 23rd day of De-
cember, 1974, at the Council Cham-
bers in the City Hall at 7:30
o'clock P.M., at which time the or-
dinance referred to in the preced-
ing section hereof will be brought
up for consideration by this Coun-
cil.
Section 3. That all resolutions
or parts thereof in conflict here-
with be and the same are hereby
repealed and this resolution shall
be effective forthwith upon its
passage and approval.
Passed and approved December
12, 1974.
Allan T. Thorns
Mayor
Attest:
Leo F. Frommelt
City Clerk
Recorded December 12, 1974.
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays—None.
Absent—Councilman Brady.
There being no further business
Mayor Thoms moved to adjourn
this meeting to December 23, 1974.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Justmann, Lundh, Stackis.
Nays—None.
Absent—Councilman Brady.
Leo F. Frommelt
City Clerk
Approved 1975.
Adopted 1975.
Mayor
Councilmen
Attest:
City Clerk
Special Session, December 16, 1974 601
CITY COUNCIL
OFFICIAL
Special Session, December 16,
1974.
Council met at 7:30 P.M. (C.S.T.)
Present — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis. City Manager Gilbert D.
Chayenelle.
Mayor Thoms read the call and
stated that service thereof had
been duly made and this Meeting
is called FOR THE PURPOSE OF
APPROVING SCHEDULE OF AS-
SESSMENTS TO PAY FOR COST
OF CONSTRUCTING CENTURY
DRJVE-BIES DRIVE 8" SANITARY
SEWER and acting upon such oth-
er business as may properly come
before a regular meeting of the
Council.
Communication of Gerald J. Kop-
pes, Admr. Ass't., submitting New
View Governing Board Annual re-
port, presented and read. Council-
man Lundh moved that the com-
munication be received and filed.
Seconded by Mayor Thorns. Car-
ried by the following vote:
Yeas — Mayor Timms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque
County Conservation Society advis-
ing of the development and main-
tenance of Riverview Park at the
northern end of the Industrial Is-
Iand by their group and expressing
an interest to have a representa-
tive on a proposed committee to
study the future use of City Is-
land, presented and read. Council-
man Justmann moved that the
communication be received and
filed and a copy of the communi-
cation be sent to the Chairman of
the Dock Board. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Dubuque Dock
Commission recommending steps
be takento encourage the Du-
buque Marina Inc. to have sewer
service installed, presented and
read. Councilman Justmann moved
that the communication be re-
ceived and filed and referred to
the City Manager for report for
meeting with Staff and Dock Board
for development of an Ordinance.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Department
of Community Development re-
questing that the Jaycees be per-
mitted to present the design of
the symbol judged to be the most
appropriate by which to identify
Dubuque celebration of the Bicen-
tennial, presented and read. Coun-
cilman Stackis moved to suspend
the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Robert P. "Buzz" Bisons, of Du-
buque Jaycees, addressed the
Council and presented Jim Mc-
Mahon as the winner of the Bicen-
tennial Symbol Contest.
Councilman Stackis moved that
the communication of Department
of Community Development be re-
ceived and filed. Seconded by Ma-
yor Thorns. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 433.74
Adopting the Dubuque
Bicentennial Logo
WHEREAS, the City of Dubuque,
the oldest city in the State of Iowa,
was the first city in the state to
be designated as a Bicentennial
City by the American Revolution
Bicentennial Administration; and
WHEREAS, units of local gov-
ernment, businesses, institutions
and organizations are cooperative-
ly promoting a local observance of
the 200th anniversary of the found-
ing of the United States of Amer-
ica; and
WHEREAS, under date of Octo-
ber 28, 1974, the City Council of
the City of Dubuque adopted Reso-
lution No. 368-74 which endorsed
an open competition sponsored by
602 Special Session, December 16, 1974
the Dubuque Jaycees to secure a
distinctive symbol to identify local
bicentennial -related activities and
programs; and
WHEREAS, under date of De-
cember 11, 1974, a jury comprised
of Dr. Walter Peterson, President
of the University of Dubuque; Sis-
ter Carmelle Zserdin, Clarke Col-
lege; and Carl Johnson, a Galena
artist, selected from among 34 en-
tries submitted by 26 individuals,
a design entered by James R. Mc-
Mahon of Dubuque, Iowa, as the
most appropriate symbol by which
to identify Dubuque's celebration
of the Bicentennial throughout the
next two years; now therefore
BE IT RESOLVED by the City
Council of the City of Dubuque:
SECTION 1. That the design sub-
mitted by James R. McMahon of
Dubuque, Iowa, as selected by the
jury, is hereby adopted as the offi-
cial Dubuque Bicentennial Logo.
SECTION 2. That the City of Du-
buque and other local units of
government, businesses, institu-
tions, organizations and individuals
are encouraged to appropriately
display and use the Dubuque Bi-
centennial Logo.
SECTION 3. That the City Clerk
of the City of Dubuque is hereby
directed to provide James R. Mc-
Mahon a certified copy of this
Resolution.
Passed, approved, and adopted
this 16th day of December, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Justmann moved
adoption of the resolution. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Bernice Hayes
of 1243 Locust St. objecting to the
opening of a XXX theatre on low-
er Main Street, presented and read.
Councilman Stackis moved that
the communication be received
and filed and referred to the State
Legislators. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Mrs. Viola
Yount of 1243 Locust St. objecting
to the opening of a XXX theatre
on lower Main St., presented and
read. Councilman Stackis moved
that the communication be re-
ceived and filed and referred to
the State Legislators. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Court Our
Lady of Victory 351 objecting to
XXX movie theatre and requesting
City legislation to keep the movies
out of the City, presented and
read. Councilman Stackis moved
that the communication be re-
ceived and filed and referred to
the State Legislators. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 11, 1974
Honorable Mayor and
City Council
In order to comply with our Rev-
enue Bond Ordinances, I request
your approval that the Certified
Public Accounting Firm of O'Con-
nor, Brooks and Company, be en-
gaged to audit the transactions of
the Water Utility, the Parking and
Sewage Facilities Funds, for the
fiscal period beginning January 1,
1974, through December 31, 1974.
I further ask that the Auditor
of State be requested to audit all
other financial funds of the city,
for the January 1, 1974, through
December 31, 1974, period; and
that the Auditor of State also be
requested to conduct a complete
audit of all financial transactions
for the six month period beginning
January 1, 1975, through June 30,
1975.
A resolution relative to the
Special Session, December 16, 1974 603
above request will be submitted
to you after January 1, 1975.
G. D. Chavenelle
City Manager
Councilman Stackis moved that
the request be approved. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Suit of William Thom-
as demanding judgment in the
amount of $1114.00, plus storage
charges in the amount of $1.50 per
day after December 3, 1974 for im-
poundment of an automobile by
the City on December 4, 1974, pre-
sented and read. Councilman Just -
mann moved that the Notice of
claim be referred to the City At-
torney for proper proceedings. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Mrs. Evelyn
Wieland, in the amount of
$1555.40, for personal injuries re-
ceived in a fall at 7th Street in
the shopping mall on December
15, 1972, presented and read. Coun-
cilman Justmann moved that the
Notice of claim be referred to the
City Attorney for proper proceed-
ings. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Earl G.
Thompson, in the amount of
$15.45, for car damage incurred as
the result of driving into an open
manhole at Jones & Locust Street
on December 6, 1974, presented
and read. Councilman Justmann
moved that the Notice of claim be
referred to the City Attorney for
proper proceedings. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 69-74
An Ordinance Amending Ordi-
nance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by repealing Subsec-
tion C of Section 3 of Schedule 1
which required that vehicles
shall travel westbound only on
West Ninth St. from Locust St.
to its westerly terminus and by
repealing Subsection a. of Sec-
tion 4 of Schedule I which re-
quired that vehicles shall travel
eastbound only on Locust Street,
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, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Councilman Justmann moved
that the rule requiring an Ordi-
nance to be read on three sepa-
rate days be waived. Seconded by
Mayor Thorns. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 69-74
AN ORDINANCE AMENDING OR-
DINANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED BY REPEALING
SUB -SECTION C OF SECTION 3 OF
SCHEDULE I WHICH REQUIRED
THAT VEHICLES SHALL TRAVEL
WEST -BOUND ONLY ON WEST
NINTH ST. FROM LOCUST ST. TO
ITS WESTERLY TERMINUS AND BY
REPEALING SUB -SECTION a OF SEC-
TION 4 OF SCHEDULE I WHICH RE-
QUIRED THAT VEHICLES SHALL
TRAVEL EAST -BOUND ONLY ON
EIGHTH AVENUE FROM HILL
STREET TO LOCUST STREET.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1: That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa" as amended be and the same is
hereby amended by repealing Sub -Section
C, of Section 3 of Schedule I and by
repealing Sub -Section a. of Section 4 of
Schedule I thereof and that the same be
and is hereby repealed and of no further
force or effect.
604 Special Session, December 16, 1974
Passed, approved and adopted this 16th
day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackh
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 19th day of De-
cember 1974.
Leo F. Frommelt
City Clerk
It. 12-19
Councilman Justmann moved
final adoption of the Ordinance.
Seeonded by Mayor Thorns. Car-
ried by the following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 70-74
An Ordinance Amending Ordi-
nance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by adding a new
Subsection 11 to Section D of
Schedule X thereof to require
westbound vehicles to yield right
of way before entering the in-
tersection of West Ninth Street
and University Avenue, present-
ed and read.
Councilman Justmann moved
that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thorns, Coun-
cilmen 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 Ma-
yor Thorns. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.,
ORDINANCE NO. 70-74
AN ORDINANCE AMENDING OR-
DINANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED BY ADDING
A NEW SUBSECTION 11 TO SECTION
D OF SCHEDULE X THEREOF TO
REQUIRE WESTBOUND VEHICLES
TO YIELD RIGHT OF WAY BEFORE
ENTERING THE INTERSECTION OF
WEST NINTH STREET AND UNIVER-
SITY AVENUE.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1: That Ordinance No. 33-49
as amended, known as the "Traffic Code
of Dubuque, Iowa" be and the same is
hereby amended by adding a new Sub
Section 11 to Section D of Schedule X
hereof as follows:
"Schedule X
D. Westbound vehicles must yield before
entering the intersection of:
11. West Ninth and University Ave."
Passed, approved and adopted this 16th
day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 19th day of De-
cember, 1974.
Leo F. Frommelt
City Clerk
It. 12-19.
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Mayor Thorns. Car-
ried by the following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Communication of Police Chief
O'Brien recommending that no
parking proposed for the north
side of Hags Street from Clarke
Dr. to Hoyt St. remain after trial
runs by Police and Fire Equipment
proved satisfactory, presented and
read. Councilman Stackis moved
that the communication be receiv-
ed and filed. Seconded by Mayor
Thorns. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 71.74
An Ordinance Amending Ordin-
ance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa,"
as amended, by enacting a new
Subsection 95 to Schedule VI
thereof to prohibit parking of
motor vehicles on the North
side of Ungs Street from Clarke
Drive to Hoyt Street,
Special Session, December 16, 1974
605
presented and read. Mayor Thoms
moved that the reading just had
be considered the first reading of
the Ordinance. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thorns moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 71-74
AN ORDINANCE AMENDING OR-
DINANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA", AS AMENDED BY ENACTING
A NEW SUBSECTION 95 TO SCH-
EDULE VI THEREOF TO PROHIBIT
PARKING OF MOTOR VEHICLES ON
THE NORTH SIDE OF UNGS STREET
FROM CLARKE DRIVE TO HOYT
STREET.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa", as amended be and the same is
hereby amended by enacting a new sub-
section 93 to Schedule VI thereof as
follows:
"Schedule VI
95. On the north side of Ungs Street
from Clarke Drive to Hoyt Street."
Passed, approved and adopted this 16th
day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundb
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 19th day of De-
cember, 1974.
Leo F. Frommelt
City Clerk
It. 12-19.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
December 12, 1974
To the Honorable Mayor
and City Council
Pursuant to your instructions the
City Engineer has prepared the
Ordinance, Resolution and Plat to
vacate and deed a portion of Avoca
Street to Harold B. and Dorothy
Demkier as per agreement set
forth at the public hearing on the
1973 City of Dubuque Sidewalk
Program.
It is my recommendation that
the Ordinance and Resolution be
passed and approved.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and fil-
ed. Seconded by Councilman Stack -
is. Carried by the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 434-74
WHEREAS, there has been pre-
sented to the City Council of the
City of Dubuque, Iowa, a plat, dat-
ed December 12, 1974, prepared by
John L. White, professional engi-
neer and land surveyor, covering
a vacated part of Avoca Street,
located West of the West property
line of the East 28' of the West 50'
of the West 100' of Lot 2 of Min-
eral Lot 179, in the City of Du-
buque, Iowa; and
WHEREAS, said plat conforms
to the laws and statutes pertaining
thereto;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the plat dated
December 12, 1974, prepared by
John L. White, professional engi-
neer and land surveyor, covering
the real estate hereinabove de-
scribed, be and the same is hereby
approved and that the Mayor and
City Clerk be and they are hereby
authorized and directed to execute
said plat for and on behalf of the
City of Dubuque, Iowa.
Section 2. That the City Clerk be
and he is hereby authorized and
directed to file said plat and certi-
606 Special Session, December 16, 1974
fied copy of this Resolution in the
office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted
this 16th day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Stackis. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays — None.
AN ORDINANCE VACATING a
portion of Avoca Street located
west of west property line of the
East 28' of the West 50' of the
West 100' of Lot 2 of Mineral Lot
179, in the City of Dubuque, Iowa,
presented and read. Mayor Thoms
moved that the reading just had be
considered the first reading of the
Ordinance. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thorns moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thorns moved that a pub-
lic hearing be held on the Ordin-
ance on January 13, 1975 at 7:30
o'clock P.M. in the Council Cham-
ber at the City Hall and that the
City Clerk be instructed to publish
notice of the hearing in the manner
required by law. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 72-74
An Ordinance Amending Ordin-
ance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
as amended by repealing Section
J. of Schedule II and enacting a
new section J to Schedule II
thereof to provide that Eighth
Avenue be designated a through
street from the West Property
Line of Locust Street to the ex-
tension of the East Line of Hill
Street,
presented and read. Councilman
Justmann moved that the reading
just had be considered the first
reading of the Ordinance. Second-
ed by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Councilman Justmann moved
that the rule requiring an Ordin-
ance to be read on three separate
days be waived. Seconded by May-
or Thorns. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 72.74
AN ORDINANCE AMENDING OR-
DINANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED BY REPEAL-
ING SECTION J. OF SCHEDULE D
AND ENACTING A NEW SECTION
J TO SCHEDULE II THEREOF TO
PROVIDE THAT EIGHTH AVENUE
BE DESIGNATED A THROUGH
STREET FROM THE WEST PROP-
ERTY LINE OF LOCUST STREET TO
THE EXTENSION OF THE EAST
LINE OF HILL STREET.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1: That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa" as amended be and the same is
hereby amended by repealing Section J.
of Schedule II and enacting a new Section
J. to Schedule II thereof as follows:
"Schedule 11
J. Eighth Ave. from the west property
line of Locust Street to the exten-
sion of the east line of Hill St."
Special Session, December 16, 1974
607
Passed, approved and adopted this 16th
day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald newspaper this 19th day of De-
cember, 1974.
Leo F. Frommelt
City Clerk
It. 12-19.
Councilman Justmann moved
final adoption of the Ordinance.
Seconded by Mayor Thoms. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 13, 1974
To the Honorable Mayor
and City Council
Attached are four proposed ordin-
ances relating to the Building Code
we are submitting to you for your
evaluation and adoption.
We are recommending adoption
of the Uniform Building Code,
published by the International
Conference of Building Officials,
copyright 1973. As a companion
code to the Uniform Building Code
we are recommending the adoption
of the Uniform Fire Code, 1973 Ed-
ition. This Uniform Fire Code ref-
erences the Uniform Building Code
and in order for our Uniform Fire
Code to be consistent with the
Uniform Code it is necessary that
this ordinance be adopted.
In the Uniform Code reference
is made to fire zones in the City.
The ordinance we are proposing
would establish three zones. Zone
#1 would be essentially the same
as our present fire limits. Zone #2
would be basically the area east of
the Burlington tracks from Third
Street to the west bank of the Mis-
sissippi River then north on the
west bank of the Mississippi River
to the extension of Kerper Boule-
vard, then south on Kerper Boule-
vard to 16th Street and west on
16th Street to the Burlington
tracks. Zone #3 would be all other
areas of the City not specifically
identified in Zone #1 and Zone
#2.
The fourth ordinance would be a
sign ordinance that will replace the
present sign ordinance as it is in-
corporated in the existing Building
Code. The substance of this new
ordinance has not been changed
from the existing ordinance but
since we are repealing the Build-
ing Code, it is necessary for us to
establish a new ordinance for the
installation and maintenance of
signs.
Attached is an example of the
rates under the present fee sched-
ule and rates under the proposed
fee schedule. Presently our rev-
enue from building permits is
about $25,000 annually and we
would expect this to increase to
$34-35,000 under the new schedule.
Present annual budget for the op-
eration of the building inspection
section of the Building Department
is $50,678.
We would respectfully request
your adoption of these four ordin-
ances.
Francis A. Murray
Assistant City Manager
Mayor Thoms moved that the
communication be received and fil-
ed. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
AN ORDINANCE revising and
re-establishing a Building Code for
the City of Dubuque, Iowa, creating
the office of Building Official, reg-
ulating the construction, altera-
tion, reconstruction, removal, main-
tenance, use, equipment and in-
spection of buildings and struc-
tures within the City of Dubuque,
Iowa; and fixing fees for such in-
spection and providing for penal-
ties for violation of said Ordin-
ance, presented and read.
Mayor Thorns moved that the
reading just had be considered the
first reading of the Ordinance. Sec-
onded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
Mayor Thorns moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
608 Special Session, December 16, 1974
Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thoms moved that a pub-
lic hearing be held on the Ordin-
ance on January 20, 1975, at 7:30
o'clock P.M. (C.S.T.) in the Council
Chamber at the City Hall and that
the City Clerk be instructed to
publish notice of the hearing in the
manner required by law, and a
copy of Ordinance be sent to Build-
ing Code Committee, Building Trad-
es, Employers Assn., and Home
builders Assn. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
AN ORDINANCE amending Ord-
inance No. 59-70, commonly known
as "The Fire Prevention Code For
The City of Dubuque, Iowa" by re-
pealing Section 1 thereof and en-
acting a new Section I in lieu
thereof to provide that the City
Council adopt the Fire Prevention
Code recommended by the Western
Fire Chiefs Association and the In-
ternational Conference of Building
Officials being particularly the
1973 edition thereof, presented and
read. Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance. Sec-
onded by Councilman Justmann.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thorns moved that a pub-
lic hearing be held on the Ordin-
ance on January 20, 1975, at 7:30
o'clock P.M. (C.S.T.) in the Council
Chamber at the City Hall and that
the City Clerk be instructed to pub-
lish notice of the hearing in the
manner required by law, and a
copy of Ordinance be sent to Build-
ing Code Committee, Building
Trades, Employers Assn., and
Homebuilders Assn. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis
Nays — None.
AN ORDINANCE creating and
establishing Fire Zones in the City
of Dubuque, Iowa, for the purpose
of the protection of closely built
commercial districts against the
hazards of fire spreading from
building to building, by supple-
mentary restrictions on the con-
struction permitted within such
limits, presented and read. Mayor
Thoms moved that the reading just
had be considered the first reading
of the Ordinance. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thoms moved that a pub-
lic hearing be held on the Ordin-
ance on January 20, 1975 at '7:30
o'clock P.M. (C.S.T.) in the Council
Chamber at the City Hall and that
the City Clerk be instructed to
publish notice of the hearing in
the manner required by law, and
a copy of Ordinance be sent to
Building Code Committee, Building
Trades, Employers Assn., and
Homebuilders Assn. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
AN ORDINANCE regulating the
erecting, maintaining, repairing,
servicing, installing, altering and
inspection of signs within the City
of Dubuque, Iowa; and providing
for fees for such inspection and
providing for licensing of contract -
Special Session, December 16, 1974 609
ors, bonding for signs and penal-
ties for violation of said Ordinance,
presented and read. Mayor Thorns
moved that the reading just had be
considered the first reading of the
Ordinance. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thoms moved that a pub-
lic bearing be held on the Ordin-
ance on January 20, 1975, at 7:30
o'clock P.M. (C.S.T.) in the Council
Chamber at the City Hall and that
the City Clerk be instructed to pub-
lish notice of the hearing in the
manner required by law, and a
copy of Ordinance be sent to Build-
ing Code Committee, Building
ing Trades, Employers Assn., and
Homebuilders Assn. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 73-74
An Ordinance Amending Ordin-
ance No. 3965 known as the
Parking Meter Lot Ordinance of
Dubuque, Iowa, by repealing Sec-
tion 5, Section SA, 5A.1 and SA.2
and enacting a New Section 5,
5A, SA.1 and SA.2 in lieu there
of to establish number and loca-
tion of municipal owned parking
lots and to establish time and
parking meter fee respectively,
presented and read. Mayor Thorns
moved that the reading just had be
considered the first reading of the
Ordinance. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Justmann. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
ORDINANCE NO. 73-74
AN ORDINANCE AMENDING OR-
DINANCE NO. 39-65 KNOWN AS THE
PARKING METER LOT ORDINANCE
OF DUBUQUE, IOWA, BY REPEALING
SECEION 5, SECTION 5A, 5A.1 AND
5A.2, AND ENACTING A NEW SEC-
TION S, SA, SA.1 AND 5A.2 IN LIEU
THEREOF TO ESTABLISH NUMBER
AND LOCATION OF MUNICIPAL
OWNED PARKING LOTS AND TO
ESTABLISH TIME AND PARKING
METER FEE RESPECTIVELY.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1: That Ordinance No. 39-65
known as the "Parking Meter Lot Ordi-
nance" of Dubuque, Iowa, be and the
same is hereby amended by repealing Sec-
tion 5, SA, SA.1 and SA.2 and enacting
a new Section 5, SA, SA.1 and SA.2
in lieu thereof as follows:
"Section 5 That the various municipally
owned Parking Lots in the City of Du-
buque shall be designated numerically as
follows:
Lot No. 1: The lot situated between
Ninth & Tenth Streets and Iowa Streets
& Central Avenue.
Lot No. 2: The lot situated at the
northwest corner of Ninth & Bluff Streets
and running parallel to Ninth Street.
Lot No. 3: The lot situated at the
northwest corner of Fifth & Bluff Streets.
Lot No. 4: The lot situated at the
southwest corner of Fourth & Iowa Streets.
Lot No. 5: The lot situated on the
middle 1-5 of Out Lot 448 in the City of
Dubuque.
Lot No. 6: The lot situated on the
southwest corner of Eleventh & Bluff
Streets.
Lot No. 7: The lot situated on the
northwest corner of Fourth & White
Streets.
Lot No. 8: The lot situated on the
southeast corner of Tenth & Bluff Streets.
Section SA Parking Meters on munici-
pally owned parking lots, when installed
and properly operated shall show legal
parking upon and after the deposit of the
United States Coin, in accordance with
the following schedule:
1. Parking lots Nos. 1, 2, 3, 4, 5, 6,
and 7, such meters shall show legal park-
ing for one hour upon the deposit of each
five cent coin, two hours upon the deposit
of each ten cent coin, and five hours
upon the deposit of one twenty-five cent
coin, but not more than a total of ten
hours at any one time. The maximum
610 Special Session, December 16, 1974
legal parking time limit for any one
vehicle at any one time shall be ten
hours.
2. On Parking Lot No. 8 such meter
shall show legal parking for thirty minutes
upon the deposit of each five cent coin,
one hour upon the deposit of each ten
cent coin, and two hours and thirty
minutes upon the deposit of one twenty-
five cent coin, but not more than a
total of ten hours at any one time. The
maximum legal parking time limit for
any one vehicle at any one time shall be
ten hours."
Passed, approved, and adopted this 16th
day of December, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 19th day of De-
cember, 1974.
Leo F. Frommelt
City Clerk
It. 12-19.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Curtis Straub Co. re-
questing permission to excavate in
the street at 2286 Central Avenue,
presented and read. Councilman
Justmann moved that the request
be approved. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Verbal request of General Fran-
cis Kelly, relative to the possible
acquisition of land in the 4th
Street Peninsula Area, presented
for discussion. General Kelly ad-
dressed the Council requesting ap-
proximately 7 acres in area for
new National Guard Armory. The
submitted proposed building would
be 24,000 sq. ft. with building cost
at $913,000. and stating airport
area is ruled out. John Herrig of
Realtor's Assn. requested to keep
the building within the City Lim-
its. Councilman Justmann moved
that the request be referred to
the City Manager, Planning & Zon-
ing Commission and Dock Commis-
sion for investigation and report.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Joseph L. Diener re-
questing a refund in the amount of
$422.50 on the unexpired portion
of Beer -Liquor License No. C-5236,
as he discontinued business on
November 13, 1974, presented and
read. Councilman Justmann moved
that the refund be granted and the
City Auditor directed to issue prop-
er warrant. Seconded by Council-
man Stackis. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Joseph L. Diener, re-
questing a refund in the amount of
$50. on the unexpired portion of
Cigarette License No. 508, as he
discontinued business on Novem-
ber 13, 1974, presented and read.
Mayor Thoms moved that the re-
fund be granted and the City Aud-
itor directed to issue proper war-
rant. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Petition of Leonard Jack Crane
requesting a refund in the amount
of $211.25 on the unexpired por-
tion of Beer -Liquor License No. C-
5185, as he discontinued business
on November 19, 1974, presented
and read. Councilman Justmann
moved that the refund be granted
and the City Auditor be directed
to issue proper warrant. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
December 6, 1974
To the Honorable Mayor
and City Council
I would like to submit the en-
closed corrected Final Estimate
which shows a corrected sewer as-
sessment of $5,500.
Special Session, December 16, 1974 611
The sewer in Kebbie Drive was
eliminated from the construction
plan at the owners request which
reduced the owners assessment by
$5,500.
The lots removed from the as-
sessment do not abut the construct-
ed sewer as shown on the accom-
panying plat, they include Lot 3,
Lot 6, and Lot 7 in Block 3 C. J.
Bies Subdivision and Lot 6, and
Lot 7 in Block 2 C. J. Bies Subdi-
vision plus a portion of Lot 3 in
Block 2 C. J. Bies Subdivision and
therefore cannot be assessed.
John L. White, P.E.
City Engineer
Mayor Thorns moved that the
communication be received and fil-
ed. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
CORRECTED
FINAL ESTIMATE
RESOLUTION NO. 435.74
WHEREAS, the contract for the
construction of Century Drive -
Bies Drive Sanitary Sewer has been
completed and the City Engineer
has submitted his final estimate
showing the cost thereof including
the cost of estimates, notices, in-
spection, and preparing the assess-
ment and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$55,260.05.
That $47,675.05 of the cost there-
of shall be assessable upon private
property and $7,585.00 shall be
paid from the Sanitation Fund of
the City of Dubuque.
Passed, adopted and approved
this 16th day of December 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis
Nays — None.
Proof of Publication, certified to
by the Publisher, of Notice of Levy
of special assessment and intention
of the Council to issue bonds in the
amount of $47,675.05 to pay for
cost of construction of Century
Drive-Bies Drive 8" Sanitary Sew-
er, presented and read. No written
objections were filed and no oral
objectors were present in the
Council Chamber at the time set
for the hearing. Mayor Thoms mov-
ed that the proof of publication be
received and filed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Statement of City Clerk, certify-
ing that notices of levywere mail-
ed by certified mail to property
owners of record subject to pay
for cost of constructing Century
Drive-Bies Drive Sanitary Sewer,
on November 21, 1974, presented
and read. Mayor Thorns moved that
the statement be received and fil-
ed. Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Statement of Stephen H. Ruddy,
a member of the engineering staff,
certifying that notices of levy of
assessment were posted in the as-
sessable area in the Century Drive-
Bies Drive Sanitary Sewer on De-
cember 10, 1974, presented and
read. Mayor Thorns moved that the
statement be received and filed.
Seconded by Councilman Just -
mann. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 436-74
SCHEDULE OF ASSESSMENTS
Resolved by the City Council of
the City of Dubuque, Iowa: That to
pay for constructing Century Drive
& Bies Drive 8" Sanitary Sewer by
Tschiggfrie Excavating, contractor
in front of and adjoining the same,
612 Special Session, December 16, 1974
a special tax be and is hereby lev-
ied on the several lots, and parts
of lots, and parcels of real estate
all as named, situated and owned,
and for the several amounts set
opposite each lot or parcel of real
estate, as set forth in the following
schedule:
Century Drive and Bies Drive
Sanitary Sewer
The First National Bank of Mason
City, Lot 2, Clin Que Inc. No. 2
Add. $1,516.25
Donovan D. & Kathryn A. Peterson,
Lot 3, Clin Que Inc. No. 2 Add.
$1,677.17
Leo & Jean Plotz, Lot S. Bal. 4,
Clin Que Inc. No. 2 Add. $1,006.81
Thomas A. & Rita J. Luksetich, Lot
N. 30'-4, Clin Que Inc. No. 2 Add.
$329.52
Thomas A. & Rita J. Luksetich, Lot
S. 20'-5, Clin Que Inc. No. 2 Add.
$219.68
Holiday Oil Distributing, Inc., Lot
N. 80'-5, Clin Que Inc. No. 2 Add.
$878.73
Holiday Oil Distributing, Inc., Lot
S. 28'-6, Clin Que Inc. No. 2 Add.
..- $307.56
Thomas A. Luksetich cont:
Goliath, Inc., Lot N. 72'-6, Clin Que
Inc. No. 2 Add. $790.86
Thomas A. Luksetich cont:
Goliath, Inc., Lot S. 76'-7, Clin Que
Inc. No. 2 Md............_$834.79
Charles R. Skemp, Lot N. 24'-7,
Clin Que Inc. No. 2 Add$263.62
Charles R. Skemp, Lot 8, Clin Que
Inc. No. 2 Add. $1,098.41
Charles R. Skemp, Lot S. 20'-9, Clin
Que Inc. No. 2 Add. $219.68
Donald & Ethel Ohmert, Lot N. 80'-
9, Clin Que Inc. No. 2 Add. $878.73
Donald & Ethel Ohmert, Lot S. 20'-
10, Clin Que Inc. No. 2 Add. $219.68
Donald & Ethel Ohmert, Lot N. 42'-
S. 62'-10, Clin Que Inc. No, 2 Add.
$461.34
Donald & Ethel Ohmert, Lot N. 38'-
10, Clin Que Inc. No. 2 Add. $417.40
Donald & Ethel Ohmert, Lot S. 62'-
11, Clin Que Inc. No. 2 Add. $881.02
Richard V. Hansel cont: #568
Fraternal Order of Eagles, Lot N.
38'-11, Clin Que Inc. No. 2 Add.
$417.40
Eagles Building Association, Lot
12, Clin Que Inc. No. 2 Add.
$1,120.38
Marco's Inc., Lot 1-1-2-1-2, Clin Que
Inc. Add. $1,545.80
Marco's Inc., Lot 1-2-2-1-1, Clin Que
Inc. Add. $2,316.55
Russel L. Rafoth und. '/z Thomas
A. Luksetich und. '/z cont: J. A.
Borg; Robert Van Iten & James
Elliot, Lot 1-1-1-2, Clin Que Inc.
Add. $6,739.20
Frank & Dorothy Miller und &
Delbert & Joan Miller und 3i, Lot
2, Slyvan Place $5,438.79
Frank & Dorothy Miller und. 'fe &
Delbert & Joan Miller und. l , Lot
3, Slyvan Place $1,599.40
Thomas N. & Maureen K. McCar-
thy, Lot 1, Block 3 C. J. Bies Sub.
$1,010.54
Roger F. Klauer, Lot 2, Block 3
C. J. Bies Sub $1,010.54
Roger F. Klauer, Lot 3, Block 3
C. J. Bies Sub $0.00
James J. & Irma J. Hess, Lot 4,
Block 3 C. J. Bies Sub. _41,01(154
Roger F. Klauer, Lot 5, Block 3
C. J. Bies Sub. ................$1,010.54
Roger F. Klauer, Lot 6, Block 3
C. J. Bies Sub $0.00
Roger F. Klauer, Lot 7, Block 3
C. J. Bies Sub. $0.00
Roger F. Klauer, Lot 8, Block 3
C. J. Bies Sub. $1,037.78
Roger F. Klauer, Lot 9, Block 3
C. J. Bies Sub. ......._..$1,010.54
Roger F. Klauer, Lot 10, Block 3
C. J. Bies Sub. $1,010.54
Raymond G. Miehe, Jr. survivor,
Lot 11, Block 3 C. J. Bies Sub.
$1,010.54
Raymond G., Jr. & Carmen Jean
Miehe, Lot 12, Block 3, C. J. Bies
Sub. $1,010.54
Neil E. & Darlene R. Meyer Rans-
ford, Lot 13, Block 3, C. J. Bios
Sub. $1,010.54
Arthur David & Mary J. Johnson,
Lot 14, Block 3 C. J. Bies Sub.
,010.54
David Barry, Lot 2-6, Block1
1 C. J.
Bies Sub. $894.66
Roger F. Klauer, Lot 1, Block 2
C. J. Bies Sub. $1,098.41
Roger F. Klauer, Lot 2, Block 2
C. J. Bies Sub. $1,318.09
Roger F. Klauer, Lot 3, Block 2
C. J. Bies Sub. $374.64
Roger F. Klauer, Lot 4, Block 2
C. J. Bies Sub. $933.65
Roger F. Klauer, Lot 5, Block 2
C. J. Bies Sub. $933.65
Roger F. Klauer, Lot 6, Block 2
C. J. Bies Sub. $0.00
Roger F. Klauer, Lot 7, Block 2
C. J. Bies Sub. $0.00
$47,675.05
Special Session, December 16, 1974
613
All of which is assessed in pro-
portion to special benefits con-
ferred.
140.0 lin. ft. 8 in. slip joint ductile
sewer pipe @ $22.00 = $3,080.00
183.0 lin ft. 8 in. mechanical joint
D.I.P. @ $27.50 = $5,032.50
2,919.0 lin. ft. 8 in. vitrified tile
pipe @ $6.35 = $18,535.65
65.0 lin. ft. 14 in. steel pipe, cas-
ing, jacket in place @ $50.00 =
$3,250.00
23.0 no. of 6 in. x 8 M. wye branch-
es @ $14.00 = $322.00
9.0 no. of Concrete anchors for
pipe steep grade @ $100.00 =
$900.00
133.7 lin. ft. Concrete manholes,
complete, height in feet of side-
wall @ $40.00 = $5,348.00
15.0 no of Concrete manholes, bas-
es, complete @ $100.00 = $1,500.00
15.0 no. of Manholes, complete,
rings and covers @ $175.00 =
$2,625.00
4,239.0 sq. yd. Seeding @ $0.35 =
$1,483.65
303.0 sq. yd. Sod in place @ $1.50
$454.50
589.10 sq. yd. Seal coat, @ $1.00 =
$589.00
674.65 ton 3/4" base stone - 12"
depth @ $4.00 = $2,698.60
93.0 ton 1 in. asphalt concrete sur-
face @ $30.00 = $2,790.00
74.3 ton 1 in. asphalt concrete
surface over 93 ton @ $20.00 =
$1,486.00
Construction Total $50,094.90
7% - 52 days $ 506.51
Eng. & Inspection $ 3,433.64
Easement and crossing
permit $ 1,225.00
Project Cost
City Share
$55,260.05
$ 7,585.00
Assessable $47,675.05
Passed, adopted and approved
this 16th day of December, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Proof of Publication, certified to
by the Publisher of Notice of Hear-
ing on the issuance of sewer bonds
to pay for construction of Century
Drive-Bies Drive Sanitary Sewer,
presented and read. No written ob-
jections were filed and no oral ob-
jectors were present in the Council
Chamber at the time set for the
hearing. Mayor Thorns moved that
the proof of publication be receiv-
ed and filed. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 437-74
Resolution providing for the is-
suance of Sewer Bonds for the
purpose of providing for the pay-
ment of the assessed cost of City
of Dubuque Century Drive and
Bies Drive 8 -inch sanitary sewer.
Whereas the contract heretofore
entered into by the City of Du-
buque, Iowa, for the improvements
hereinafter described has been
completed and the City Manager
bas certified the completion there-
of to the City Council and the City
Council has ascertained the cost
thereof and has determined that
$47,675.05 Dollars of the cost there-
of shall be assessed against the
property subject to assessment
therefor; and
Whereas public notice, as pro-
vided by law, has been published
by the City Clerk stating the inten-
tion of the City Council to issue
bonds for the purpose of provid-
ing for the payment of the as-
sessed cost of said improvement
and a public hearing has been
held, pursuant to such notice and
all objections made thereto have
been considered and determined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque:
1. That to provide for the pay-
ment of the assessed cost of City
of Dubuque Century Drive and
Bies Drive 8 -inch Sanitary Sewer,
there shall be issued sewer bonds
in the amount of $47,000.00 Dol-
lars in anticipation of the deferred
614 Special Session, December 16, 1974
payment of assessments levied for
such improvement.
2. Such bonds shall be called
sewer bonds; and shall bear the
date of January 1, 1975; and shall
be numbered consecutively; and
they shall be numbered, divided
into series, and be in such denomi-
nations and for such maturity
dates as are shown in the follow-
ing table:
Series Bond Denom. Maturity
No. No.
1 14 $1,000 April 1, 1976
2 5-8 $1,000 April 1, 1977
3 9-12 $1,000 April 1, 1978
4 13-17 $1,000 April 1, 1979
5 18-22 $1,000 April 1, 1980
6 23-27 $1,000 April 1, 1981
7 28-32 $1,000 April 1, 1982
8 33-37 $1,000 April 1, 1983
9 38-42 $1,000 April 1, 1984
10 43-47 $1,000 April 1, 1985
3. Said -bondsshall bear interest
at the rate of six per cent per
annum, payable annually in accord-
ance with coupons thereto at-
tached:
4. Said bonds shall not make the
City of Dubuque liable in any way,
except for the application of said
special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No.
Series No.
CITY OF DUBUQUE
Sewer Bond
The City of Dubuque in the State
of Iowa promises to pay as herein-
after mentioned to the bearer here-
of, the sum of 1 thousand dollars
with interest thereon at the rate
of six per cent per annum, payable
annually, an the presentation and
surrender of the interest coupons
hereto attached. Both principal
and interest of this bond are pay-
able at the office of the City
Treasurer in the City of Dubuque,
in the State of Iowa. This bond is
issued by the City of Dubuque un-
der and by virtue of Chapter 396
of the 1973 Code of Iowa, as
amended, and the Resolution of
said City duly passed on the 16th
day of December, 1974, being Reso-
lution No. 437-74.
This Bond is one of a series of
47 bonds, all for $1,000.00 num-
bered from 1 through 47, all of
like tenor and date, and issued for
the purpose of providing for the
deferred payment of the assess-
ments levied for the City of Du-
buque Century Drive and Bies
Drive 8 -inch Sanitary Sewer, as de-
scribed in said Resolution, in said
City, which cost is payable by the
abutting and adjacent property
along said improvements and is
made by law a lien on all of said
property. It is payable only out of
the Special Assessment Fund 1302
created by the collection of said
special tax, and said fund can be
used for no other purpose.
It is hereby certified and re-
cited that all the acts, conditions
and things required to be done,
precedent to and in issuing this
series of bonds, have been done,
happened, and performed, in regu-
lar and due form, as required by
law and said. Resolution, and for
the assessment, collection and pay-
ment hereon of said special tax,
the full faith and diligence of said
City of Dubuque are hereby irre-
vocably pledged.
IN TESTIMONY WHEREOF the
City of Dubuque by its Council
has caused this bond to be signed
by its Mayor and counter -signed by
its City Clerk and the Seal of said
City to be thereto affixed, this
16th day of December, 1974.
(SEAL)
Mayor
City Clerk
(Form of Coupon)
On the day of
the City of Dubuque, Iowa, prom-
ises to pay to the bearer, as pro-
vided in said bond, the sum of
Dollars, in the office of
the City Treasurer in the City of
Dubuque, being months'
interest due that date on its
Bond No. dated
Mayor
City Clerk
6. That the Mayor and City Clerk
be and they are hereby instructed
to cause said bonds to be prepared
and when so prepared to execute
said bonds and that the City Clerk
Special Session, December 16, 1974
615
be and he is hereby instructed to
register said bonds in a book kept
for that purpose and to then de-
liver them to the City Treasurer.
7. That the City Treasurer is
hereby instructed to sell said
bonds in the manner provided by
law, the proceeds of said sale to
be placed in a special fund to be
known as Special Assessment Fund
1302 and paid out by him to pay
the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the Ma-
yor and countersigned with the fac-
simile signature of the City Clerk.
9. That as fast as funds allow,
beginning with the second year af-
ter the payment of interest due,
these bonds shall be called and
retired in the same order as num-
bered. The notice of election to
call these bonds shall be given by
regular United States Mail ad-
dressed to the last known address
of the purchaser.
10. Passed, adopted and ap-
proved this 16th day of December,
1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Justmann. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
October 29, 1974
To the Honorable Mayor
and City Council
The Center Grove Valley Inter-
ceptor Sanitary Sewer a distance
of 12,416.95 feet, has been com-
pleted substantially in accordance
with plans and specifications by
M. F. Goerdt Construction Compa-
ny of Dubuque, Iowa.
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Final Estimate
RESOLUTION NO. 438-74
WHEREAS, the contract for the
Center Grove Valley Interceptor
Sewer has been completed and the
City Engineer has submitted his
final estimate showing the cost
thereof including the cost of esti-
mates, notices, inspection, and pre-
paring the assessment and plat,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$297,695.48.
That none of the cost thereof
shall be assessable upon private
property and $297,695.48 shall be
paid from the Sanitation Rental
Fund and HUD Grant Fund of the
City of Dubuque.
Passed, adopted and approved
this 16th day of December, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 439.74
WHEREAS, the contract for the
Center Grove Valley Interceptor
Sewer has been completed and the
City Manager has examined the
work and filed his certificate stat-
ing that the same has been com-
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
616 Special Session, December 16, 1974
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the Sanitation
Rental Fund and HUD Grant Fund
on the above described improve-
ment in amount equal to the
amount of his contract, less any re-
tained percentage provided for
therein.
Passed, adopted and approved
this 16th day of December, 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Couneilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 16, 1974
Honorable Mayor and
City Council
The matter of the exchange of
property between the City of Du-
buque and John V. Meehan and
Naomi R. Meehan, which was the
subject matter of litigation has
finally been resolved and the City
has delivered its deed, together
with the Park Board Deed convey-
ing the following described real
estate to John V. Meehan and Na-
omi R. Meehan, which is described
as follows:
Lot 2 of Lot 1 of Lot 1 of Eagle
Point View in the City of Du-
buque, Iowa, according to the
recorded plat thereto,
I am attaching herewith War-
ranty Deed of said John V. Mee-
han and Naomi R. Meehan con-
veying to the City of Dubuque,
Iowa, the following described real
estate:
Lot 2 of Eagle Point View in
the City of Dubuque, Iowa, ac-
cording to the recorded plat
thereof.
I am also attaching trust account
check of Kintzinger, Kintzinger,
Van Etten, Setter & King payable
to the City of Dubuque, Iowa, in
the amount of $77.49 representing
a prorata share of the real estate
taxes.
Appraisal services were incurred
in a total amount of $35.00 togeth-
er with court costs in the total
amount of $17.00, or total cost of
$52.00. The City's share of said
costs is in the amount of $26.00,
and the City Auditor should be
authorized to draw warrant pay-
able to Kintzinger, Kintzinger, Van
Etten, Setter & King in the
amount of $26.00 in full payment
of the City's share of the Court
costs and the appraisal.
Appropriate Resolution accept-
ing delivery of Warranty Deed is
attached hereto.
This matter is finally closed.
Original Proceedings are returned
herewith.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation be ap-
proved. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 440-74
WHEREAS, there has been de-
livered to the City Council of the
City of Dubuque, Iowa, Warranty
Deed of John V. Meehan and Na-
omi R. Meehan, husband and wife,
conveying to the City of Dubuque,
Iowa, the following described real
estate, to -wit:
Lot 2 of Eagle Point View in
the City of Dubuque, Dubuque
County, Iowa, according to the
recorded plat thereof, subject to
easements of record,
and said delivery of Deed should
be approved and accepted.
NOW THEREt• ORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1. That delivery of War-
ranty Deed from John V. Meehan
Special Session, December 16, 1974
617
and Naomi R. Meehan, husband
and wife, conveying to the City of
Dubuque, Iowa the hereinabove de-
scribed real estate be and the same
is hereby approved and accepted.
Section 2. That said parcel of
real estate shall be under the con-
trol and jurisdiction of the Board
of Park Commissioners in and for
the City of Dubuque, Iowa.
Section 3. 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 16th day of December, 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Thoms moved adoption
of the resolution. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
RESOLUTION NO. 441-74
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "B" BEER PERMIT
William Baum, 3165 Central Av-
enue
CLASS "C" BEER PERMIT
John Neumeister, 729 Lincoln Av-
enue
Donald E. Wertz, 1545 South
Grandview Avenue
Passed, adopted and approved
this 16th day of December 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 442-74
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a Beer Permit.
CLASS "B" BEER PERMIT
William Baum, 3165 Central Av-
enue
CLASS "C" BEER PERMIT
John Neumeister, 729 Lincoln Av-
enue
Donald E. Wertz, 1545 South
Grandview Avenue
Passed, adopted and approved
this 16th day of December 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
rr
618 Special Session, December 16, 1974
by Councilman Lundh. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 443-74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the
following applications be approved
and licenses issued upon the com-
pliance with the provisions of
Chapter 131, Acts of the First Reg-
ular Session, 64th General Assem-
bly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Lorraine Gordon, 2327 Central Av-
enue
Benevolent and Protective Order
of Elks, 7th and Locust Streets
Eugene L. Kopp - Downtowner, 951
Main Street
CLASS "B" (HOTEL or MOTEL)
BEER AND LIQUOR LICENSE
Design Center Inc., Julien Motor
Inn, Sunday Sales, 200 Main
Street
Passed, adopted and approved
this 16th day of December 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 444-74
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 Ordin-
ances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named appli-
cants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Lorraine Gordon, 2327 Central Av-
enue
Benevolent and Protective Order of
Elks, 7th and Locust Streets
Eugene L. Kopp - Downtowner, 951
Main Street
CLASS "B" (HOTEL OR MOTEL)
BEER AND LIQUOR LICENSE
Design Center Inc. dba Julien Mot-
or Inn (Sunday Sales) 200 Main
Street
Passed, adopted and approved
this 16th day of December 1974.
Allan T. Thorns
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
At 9:39 P.M. Mayor Thoms mov-
ed to go into Executive Session to
discuss appointments to various
Boards and Commissions. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Council reconvened in Regular
Session at 9:52 P.M. Mayor Thoms
moved the appointment of Robert
P. "Buzz" Bisanz to the Recreation
Commission, to fill the unexpired
term of Jack Coffee, term expiring
Special Session, December 16, 1974 619
July 5, 1975. Seconded by Council-
man Lundh. Carried by the follow-
ing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
There being no further busi-
ness, Councilman Stackis moved
to adjourn the meeting. Seconded
by Councilman Justmann. Carried
by the following vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Leo F. Frommelt
City Clerk
Approved 1975.
Adopted 1975.
Mayor
Attest:
Councilmen
City Clerk
620 Adjourned Special Session, December 23, 1974
CITY COUNCIL
OFFICIAL
Adjourned Special Session, De-
cember 23, 1974.
Council met at 7:30 P.M. (C.S.T.)
Present -Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stack's. City Manager Gilbert D.
Chavenelle.
Mayor Thorns read the call and
stated that service thereof had
been duly made and this meeting is
AN ADJOURNED MEETING OF
THE SPECIAL SESSION OF DE-
CEMBER 12, 1974, TO CONSIDER
ADOPTION OF AN ORDINANCE
AUTHORIZING THE ISSUANCE
OF $2,000,000. SEWER BONDS
AND PROVIDING FOR THE LEVY
OF TAXES TO PAY THE SAME,
and acting upon such other busi-
ness as may properly come before
a regular meeting of the Council.
Dubuque Advisory Commission
submitting minutes of their meet-
ing of December 17, 1974, present-
ed and read. Councilman Brady
moved that the minutes be receiv-
ed and filed and anyone wishing
to address the Council regarding
City Hall, be not made at this time.
Seconded by Councilman Stackis.
Vote on the motion was as follows:
Yeas -Councilmen Brady, Stack -
15.
Nays - Mayor Thorns, Council-
men Justmann, Lundh.
MOTION FAILED.
Mayor Thoms moved to suspend
the rules to let anyone present ad-
dress the Council if they so desire.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
Dave Clemens of Advisory Com-
mission addressed the Council
about Conflict of Interest Resolu-
tion previously submitted to the
Council and urged adoption; Press
for Neighborhood Parks, and Medi-
cal Associates Building.
Mayor Thoms moved to set Janu-
ary 9, 1975, for work session with
Advisory Commission and Medical
Associates be a viable possibility.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
Communication of Peoples Na-
tural Gas advising of a gas rate
increase to its customers on and
after January 20, 1975, as permit-
ted by the Iowa State Commerce
Commission, presented and read.
Mayor Thoms moved that the com-
munication be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
December 13, 1974
To The Honorable Mayor
and City Councilmen
On August 2, 1974 an investiga-
tion was made by the City of Du-
buque Housing Department of a
two story stone and frame struc-
ture and brick accessory buildings
located on City Lot 338, City of
Dubuque, Iowa and known as 1085,
1091, 1095 White Street and 56,
72 and 74 East llth Street. Many
violations of the Minimum Housing
Code were noted and, on August 2,
1974 a letter was sent to the own-
ers, Loras & Leta Beadle, listing
the violations and ordering the
buildings vacated as unfit for hu-
man habitation.
On October 23, 1974 all units
having been vacated, an order was
issued to the owners, Loras & Leta
Beadle, to correct the violations.
On December 3, 1974 an order
was sent to the owners, Loras &
Leta Beadle, to dismantle the struc-
tures and clean up the premises.
The concrete block structure on
the southwest corner of City Lot
338, City of Dubuque, Dubuque
County, Iowa was exempted from
this order.
This order has not been com-
plied with and I recommend to
the City Council that the provisions
of Ordinance No. 35-52 be enforc-
ed and the owner of said build-
ings, known as 1085, 1091, 1095
White Street and 56, 72 and 74
East 11th Street and located on
City Lot 338, City of Dubuque,
Iowa be required to -dismantle said
buildings and clean up the prem-
ises.
Gilbert D. Chavenelle
City Manager
Adjourned Special Session, December 23, 1974 621
Councilman Justmann moved
that the communication be receiv-
ed and filed and a public hearing
be set on January 13, 1975 at 7:30
P.M. in the Council Chamber at
the City Hall and that the City
Clerk be instructed to publish not-
ice of the hearing in the manner
required by law. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
December 13, 1974
Honorable Mayor
and City Council
I herewith submit the reports
of the Finance Director, Treasurer,
Water Superintendent, Health De-
partment, as well as a list of claims
paid, for the month of November
1974.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
Proof of Publication, certified to
by the Publisher, of List of Claims
for the month of November, 1974,
presented and read. Councilman
Lundh moved that the proof of
publication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays - None.
December 19, 1974
To the Honorable Mayor and
Members of the City Council
I have approved the following
General Liability policies for filing
purposes and desire to have your
approval of same.
Jack C. Jones d/b/a Jack Jones
Excavating Northwestern Na-
tional Insurance Group Policy
No. BCP907063 to 4-1-77
Delmar Rasmussen, Dickeyville,
Wis. General Casualty Company
of Wisconsin Policy No. GLA
67744 & 5CA 525626 to 7-13-75
Gilbert D. Chavenelle
City Manager
Mayor Thoms moved that the
communication be received and
filed and filing be approved sub-
ject to the approval of the City
Solicitor. Seconded by Councilman
Justmann. Carried by the follow-
ing vote:
Yeas - Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays -None.
December 19, 1974
Honorable Mayor and Members
of the City Council
Attached hereto is a list of par-
cels of real estate within the City
Limits, consisting of ten acres or
more, which would be eligible for
taxation as agricultural land.
Also attached are the applica-
tions for exemption as filed by
property owners, that have ten
acres of land or more in one piece
within the City Limits. These prop-
erty owners have certified that the
land is being used for agricultural
or horticultural purposes and are
entitled to tax exemption as Pro-
vided
rovided by law.
A copy of the attached list must
be filed with the County Auditor.
Gilbert D. Chavenelle
City Manager
Councilman Justmann suggested
a communication be submitted to
the State Legislators sounding con-
cern in the inadequacies in present
State Law. Councilman Justmann
moved that the list of applications
be approved. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas - Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays -None.
Printed Council proceedings for
the month of August 1974, present-
ed for approval. Mayor Thorns
moved that the proceedings be ap-
proved as printed. Seconded by
Councilman Justmann. Carried by
the following vote:
Yeas - Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays -None.
December 19, 1974
Honorable Mayor
and City Council
I have appointed Mr. Robert G.
Steichen as a member of the
Plumbing Board for a term of
622 Adjourned Special Session, December 23, 1974
five years beginning November 2,
1974.
I request your approval of this
appointment.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the appointment be approved. Sec-
onded by Mayor Thoms. Carried
by the following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 20, 1974
Honorable Mayor and
City Council
In May of this year, the City
Council adopted Resolution Na
184-74, which requested technical
assistance from the Soil Conserva-
tion Service in a Feasibility Study
of a proposed impoundment struc-
ture on the North Fork of the
Catfish Creek. The Council had
been informed of the concept for
this facility which would include a
multiple -use structure providing
a road fill for the proposed North-
West Arterial, with the fill struc-
ture to providewater impound-
ment and flood -control features as
may be feasible at that location.
We have enclosed a copy of the
draft Concept Statement which has
been used as a working outline in
the preliminary engineering phase
of this study. The location, size
and operational features of the
proposed impoundment structure
have now been established in pre-
liminary form, and it has been de-
termined that the project would be
feasible at the proposed location.
The Interim Report of the Soil
Conservation Service is also en-
closed, as it summarizes the prin-
cipal findings of their investiga-
tion.
Representatives of the Soil Con-
servation Service and City staff
will be present at your meeting of
December 23, 1974, and we re-
spectfully request an opportunity
to review the results of this study
with you.
Gilbert D. Chavenelle
City Manager
Mr. Kircher of Soil Conservation
Service and Gary E. Formanck,
Civil Engineer of U. S. Dept. of
Agriculture addressed the Council
by furnishing technical advice rel-
ative to the impoundment struc-
ture and lake on the north fork
of the Catfish Creek. Andy Grevas,
Mayor of Asbury, posed several
questions as to how the lake would
affect Asbury. Attorney Charles
Kintzinger, representing Mr. Sie-
gert, who owns 197 acres of land in
the area stated that the City needs
a roadway around the west part
of the City and Mr. Siegert is nei-
ther for or against the idea, how-
ever rapid action is imperative on
the part of the City so that Mr.
Siegert can plan what to do with
his future farming operations.
Councilman Justmann moved
that the concept be approved and
Land Developer in North Catfish
Creek area, also 2 miles beyond
City Limits, be directed to employ
passive flood control measures and
seek concurrence and recommenda-
tion of Town of Asbury. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh.
Stackis.
Nays—None.
Communication of Mettel Realty
& Investment Co. stating the ur-
gent need for subdivision lots and
requesting consideration that the
proposed impoundment structure
be possibly moved far enough west
not to interfere with the Mettel
Byrne subdivision, presented and
read. Mayor Thoms moved that the
communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 18, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted Entrance
Examinations on October 15, 1974
for applicants to the Police Depart-
ment.
A Physical Qualification test
was conducted on December 10,
1974 for all applicants who had
previously passed the written ex-
amination with 70% or better.
Adjourned Special Sess'on, December 23, 1974
623
The following named applicants
have passed both the written and
PQ tests as follows:
Reschke, Thomas N. 91.1%
Hoth, Steven C. 89.5%
Schwab, John G. 88.9%
Miller, Dennis N. .. 85.7%
Verdick, Larry C. Jr. 85.1%
Bradac, Theodore G. 80.7%
Toedt, Michael F. 80.5%,
Bangs, Gary L. 79.8%
Skahill, Robert J. 78.8%
Wagner, Denis M. 74.1%
Marvin A. VanSickle
Chairman
Sr. Carolyn Farrell
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 18th day of December
1974.
Z. D. Hantelmann
Notary Public in
and for Dubuque
County, Iowa.
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, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 19, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted examina-
tions for the position of Heating,
Ventilating and Refrigeration In-
spector.
Two applicants took the exami-
nation but failed to acquire a pass-
ing grade of 70%.
Marvin A. VanSickle
Chairman
Sr. Carolyn Farrell
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 20th day of December
1974.
Z. D. Hantelmann
Notary Public
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 Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 19, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted examina-
tions for the position of Diesel Ma-
chanic on December 17, 1974.
The following named applicant
passed the written examination
and is hereby certified for appoint-
ment.
Manternach, Ronald G. 70%
Marvin A. VanSickle
Chairman
Sr. Carolyn Farrell
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 20th day of December
1974.
Z. D. Hantelmann
Notary Public
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, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 19, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted examina-
tions for the position of Garage
Mechanic on December 17, 1974.
The following named applicants
have passed the written examina-
tion and are hereby certified for
appointment.
al
824 Adjourned Special Session, December 23, 1974
Heacock, Elmer E. 86%
March, Dean J. 82.6%
Vosberg, Marvin J. 79.1%
Shireman, James R. 78.2%
Arlen, Steven J. 76.5%
Broughton, Robert F. 76.5%
Marvin A. VanSickle
Chairman
Sr. Carolyn Farrell
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 20th day of December
1974.
Z. D. Hantelmann
Notary Public
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, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 19, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted examina-
tions of the position of Housing
Inspector on December 17, 1974.
The following named applicants
have passed the written examina-
tion and are hereby certified for
appointment.
Daugherty, Willard J. 77%
Zenner, Edward C. 76%
Schutz, Laverne E. 74%
Marvin A. VanSickle
Chairman
Sr. Carolyn Farrell
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
me this 20th day of December
1974.
Z. D. Hantelmann
Notary Public
Mayor Thorns moved that the
communication be received and
filed and made a matter of record.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 19, 1974
To the Honorable Mayor and
Members of the City Council
In accordance with the provi-
sions of Chapter 365 of the 1973
Code of Iowa, the Civil Service
Commission conducted examina-
tions for the position of Food San-
itarian on December 17, 1974.
The following named applicant
has passed the written examina-
tion and is hereby certified for
appointment.
Brammer, Rex L. 76%
Marvin A. VanSickle
Sr. Carolyn Farrell
Louis F. Fautsch
Civil Service
Commission
Attest:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before
me this 20th day of December
1974.
Z. D. Hantelmann
Notary Public
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, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 17, 1974
Honorable Mayor and
City Council
On July 5, 1974 claim was filed
against the City by James M. Pet-
ers, 3435 Pennsylvania Avenue #4,
Dubuque, claiming damages to the
antenna of his motor vehicle and
requesting replacement of same
as the result of said antenna al-
legedly being broken by the gate
at the 8th Street Entrance to the
Iowa Street parking ramp an June
28, 1974.
This matter was referred to the
appropriate City Agency who has
reported to this office of no neg-
ligence on the part of the City.
Accordingly, it is the recommenda-
tion of the City Attorney that said
claim be denied.
Adjourned Special Session, December 23, 1974 625
Original claim is returned here-
to.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 17, 1974
Honorable Mayor and
City Council
On November 29, 1974, Merlin
Langkamp, 2977 Wildwood Drive,
Dubuque, filed claim against the
City of Dubuque in the estimated
amount of $125.00 claiming said
damages occurred on October 26,
1974, as the result of a collapsed
sewer tile causing sewage backup
in the basement of 2985 Wildwood
Drive.
This matter was referred to the
appropriate City Agency who has
made an investigation thereof and
by written report to this office
reports they find no negligence or
liability on the part of the City.
Accordingly, it is the recommen-
dation of the City Attorney that
said claim be denied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 17, 1974
Honorable Mayor and
City Council
On September 9, 1974, Earl G.
Weichel, 737 English Lane, Du-
buuque, filed claim against the
City of Dubuque, in an unstated
amount and claiming damages for
a broken post and fence section
on his property and alleging said
damages occurred as the result of
its being struck by a grass mower.
This matter was referred to the
appropriate City Agency who has
made an investigation thereof and
has notified this office that said
matter has amicably been settled.
Accordingly, it is the recommenda-
tion of the City Attorney that
said claim be denied.
Original claim is returned here-
with.
R, N. Russo
City Attorney
Mayor Thorns moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 17, 1974
Honorable Mayor and
City Council
On October 1, 1974, City of Du-
buque was served with Original
Notice of claim filed in the Iowa
District Court of Dubuque County
Iowa Small Claims Division where-
in Doris S. Churchill was plaintiff
and City of Dubuque named de-
fendant being S. C. No. 1351 and
plaintiff claiming $337.55 for dam-
ages to plaintiff's motor vehicle
by City owned trees.
This matter was referred to the
City's insurance carrier for han-
dling who notified this office on
December 17, 1974, that said mat-
ter has been settled. Original no-
tice and claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thoms moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 17, 1974
Honorable Mayor and
City Council
Notice of claim against the City
of Dubuque was filed on behalf of
the Chicago and North Western
Transportation Company claiming
damages against the City of Du-
buque, resulting out of an accident
626 Adjourned Special Session, December 23, 1974
occurring on July 16, 1973 at their
railroad intersection with the
driveway leading from Kerper
Boulevard to Thruput Terminal in
Dubuque, Iowa, and involving one
Donald E. Robinson.
This matter was referred to the
appropriate City Agency who has
made an investigation thereof and
has notified this office that they
find no liability on the part of the
City of Dubuque. Accordingly, it
is the recommendation of the City
Attorney that said claim be de-
nied.
Original claim is returned here-
with.
R. N. Russo
City Attorney
Mayor Thorns moved that the
communication be received and
filed and recommendation of de-
nial be approved. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Notice of Claim of Marie Bivens,
in an undetermined amount, for
personal injuries received on the
Mall at Penney's as the result of
a fall over a bicycle rack on Oc-
tober 24, 1974, presented and read.
Mayor Thorns moved that the No-
tice be referred to the City Solici-
tor for proper proceedings. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
ORDINANCE NO. 74-74
An Ordinance Authorizing the Is-
suance of $2,000,000 Sewer Bonds
and Providing for the Levy of
Taxes to Pay the Same, present-
ed and read.
Mayor Thoms moved that the
reading just had be considered the
first reading of the Ordinance. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas — Mayor Thorns, Coun-
cilmen Justmann, Lundh, Stackis.
Nays Councilman Brady.
Mayor Thoms moved that the
rule requiring an Ordinance to be
read on three separate days be
waived. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Steclris.
Nays—Councilman Brady.
ORDINANCE NO. 74.74
AN ORDINANCE authorizing the issu-
ance of $2,000,000 Sewer Bonds and
providing for the levy of taxes to pay
the same.
—n'—
WHEREAS the City of Dubuque, in
the County of Dubuque, and State of
Iowa, heretofore, pursuant to and in
strict compliance with all laws applicable,
lawfully ordered and provided for building
and constructing sewers and improving the
sewer outlet and purifying plant in and
for the City, the cost whereof, to the
amount of Two Million Dollars ($2,000,-
000), is to be paid by said City as a
whole by the issuance of bonds; and
WHEREAS it is necessary and advisable
that provisions be made for the issuance
of such bonds at this time and notice and
hearing on the initiation of proceedings for
such issuance has heretofore been given in
manner and form required by Chapters 23
and 408A of the Code of Iowa, and no
petition nor protest has been filed, and
no petition has been filed requesting that
the proposition of issuing said bonds be
submitted to the voters of said City;
NOW, THEREFORE, Be It Ordained
by the City Council of the City of Du-
buque, Iowa, as follows:
Section 1. That pursuant to and as
authorized by Section 396.22 of the Code
of Iowa, 1973, as amended, there shall
be and there is hereby ordered issued the
negotiable Sewer Bonds of said City of
Dubuque, in the principal amount of
$2,000,000, said bonds to be 400 in num-
ber, be numbered consecutively from 1
to 400, both numbers included, of the
denomination of $5000 each, and to be
dated December 1, 1974. That the bonds
of said issue shall bear interest from the
date thereof at the rates hereinafter speci-
fied, such interest being payable May 1,
1975, and semiannually thereafter on the
first days of November and May in each
year until the prinicpal thereof is paid.
Said bonds shall be signed by the Mayor
and attested by the City Clerk and the
seal of said City affixed, and be registered
as to issuance by the City Treasurer and
a certificate of such registration endorsed
thereon. Interest on said bonds shall be
evidenced by coupons thereto attached and
maturing on the several days when such
interest matures, which coupons shall be
executed with the facsimile signatures of
said officials, znd said Mayor and said
City Clerk by the execution of said bonds,
shall adopt as and for their proper sig-
natures their respective facsimile signatures
appearing on said coupons. Both prinicpal
and interest of said bonds shall be payable
Adjourned Special Session, December 23, 1974 627
in lawful money of the United States of
America at the office of the City Treas-
urer in and of the City of Dubuque, Iowa.
Said bonds shall become due and payable
in their numerical order on May of each
of the respective years and shall bear in-
terest at the rate as follows:
Rate of
Bond Interest in
Year Amount Numbers per cent
1976 $200,000 1- 40 .20
1977 200,000 41- 80 .40
1978 200,000 81-120
1979 200,000 121-160
1980 200,000 161-200
1981 200,000 201-240
1982 200,000 241-280
1983 200,000 281-320 .20
1984 200,000 321-360 .20
1985 200,000 361-400 .20
Section 2. That each of said bonds be
subject to registration as to principal in
the name of the holder on the books of
the City Treasurer, such registration being
noted upon each bond so registered, and
after such registration payment of the
principal thereof shall be made only to
the registered holder. Any bond so reg-
istered, upon the request in writing of
such holder personally or by attorney-in-
fact, may be transferred either to a
designated transferee or to bearer, and the
principal of any bond so transferred and
registered to bearer shall thereupon be
and become payable to bearer in like man-
ner as if such bond had never been regis-
tered. Registration of any bonds as to
principal shall not restrain the negoti-
ability of the coupons thereto attached by
delivery merely.
Section 3. That said bonds, coupons and
provisions for registration be in substan-
tially the following form:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF IOWA
COUNTY OF DUBUQUE
CITY OF DUBUQUE
SEWER BOND
No. $5000
KNOW ALL MEN BY THESE PRE-
SENTS: That the City of Dubuque, in
the County of Dubuque and State of
Iowa, for value received, promises to pay
to bearer, or if this bond be registered as
to principal, to the registered holder here-
of, the sum of Five Thousand Dollars
($5000) on the first day of May, 19 ,
with interest on said sum from the date
hereof at the rate of per
cent (— per cent) per annum, payable
May I, 1975, and semiannually thereafter
on the first days of November and May
in each year until said principal sum is
paid, all such interest as may accrue on
and prior to the maturity of this bond
to be paid on presentation and surrender
of the interest coupons hereto attached
as they severally mature. Both principal
and interest of this bond are payable in
lawful money of the United States of
America at the office of the City Treas-
urer in and of the City of Dubuque, Iowa.
This bond is one of a series of bonds
issued by the City of Dubuque pursuant
to and in strict compliance with the pro-
visions of Section 396.22 and Chapter 76
of the Code of Iowa, 1973, and all laws
amendatory thereof and supplementary
thereto, and in conformity with an or-
dinance of the City Council of said City
duly passed, approved, recorded and pub-
lished for the purpose of building and
constructing sewers and improving the
sewer outlet and purifying plant in and
for said City.
And it is hereby certified and recited
that all acts, conditions and things re-
quired by the laws and Constitution of
the State of Iowa to exist, to be had, to
be done, or to be performed precedent to
and in the issue of this bond, were and
have been properly existent, had, done and
performed in regular and due form and
time; that provision has been made for
the levy of a sufficient continuing annual
tax on all the taxableproperty within said
City for the payment of the principal and
interest of this bond as the same will re-
spectively become due; that the faith,
credit, revenues and resources and all the
real and personal property of said City are
irrevocably pledged for the prompt pay-
ment hereof, both principal and interest;
and that the total indebtedness of said
City, including this bond, does not exceed
any constitutional or statutory limitations.
This bond is subject to registration as
to principal in the name of the holder on
the books of the City Treasurer of said
City, such registration to be evidenced by
notation of said Treasurer on the back
hereof, and after such registration no
transfer hereof, except upon such books
and similarly noted hereon, shall be valid
unless the last registration shall have been
to bearer. Registration hereof shall not
affect the negotiability of the coupons
hereto attached, which shall continue
negotiable by delivery merely.
IN TESTIMONY WHEREOF, said
City, by its City Council, has caused this
bond to be signed by its Mayor and at-
tested by its City Clerk, with the seal of
said City affixed, and the coupons here-
to attached to be executed with the fac-
simile signatures of said Mayor and said
City Clerk, which officials by the execu-
tion of this bond do adopt as and for
their proper signatures their respective fac-
simile signatures appearing on said coupons,
all the first day of December, 1974.
Mayor of the City of
Dubuque, Iowa
Attest:
City Clerk of the City of
Dubuque, Iowa
628 Adjourned Special Session, December 23, 1974
(Form of Coupon)
No. $
Ort 19the
Treasurer of the City of Dubuque, in
Dubuque County, Iowa, will pay to
bearer Dollars ($-)
at the office of the City Treasurer, Du-
buque, Iowa, for interest due that date on
its Sewer Bond, dated December 1, 1974,
No.
Mayor
Attests
City Clerk
(Form for Registration
of Ownership)
Date Name of
Regis- Registered
[ration Owner
Signature
of City
Treasurer
On the back of each bond there shall
he endorsed a certificate of the City
Treasurer in the following form:
City Treasurer's Certificate
The issue of this bond has been duly
and properly registered in my office as
of the first day of December, 1974.
Treasurer of the City of
Dubuque, Iowa
Section 4. That said bonds be executed
es herein provided as soon after the adop-
tion of this ordinance as may be and
thereupon they shall be delivered to the
Treasurer of said City, who shall register
the fact of the issuance of same in a
book provided for that purpose and shall
deliver said bonds to the purchaser as
determined by this Council, upon receipt
of the purchase price, the same to be not
less than the par value of said bonds with
accrued interest thereon, and all action
heretofore taken in connection with the
sale and award of said bonds is hereby
ratified and confirmed in all respects.
Section 5. That the principal proceeds
of the sale of said bonds shall be devoted
to and used with due diligence for the
completion of the facilities for which said
bonds are hereby authorized to be issued.
The Council represents and certifies that:
(1) the said City has heretofore in-
curred a substantial binding obligation
with respect to said facilities; said binding
obligation comprising contracts for ma-
terials and for the construction of the
improvements in the amount of not less
than 2112 per cent of the estimated total
cost of said facilities;
(2) the City Council expects that over
85 per cent of the spendable proceeds of
said bonds (including investment proceeds)
will be expended on or before January 1,
1976, for the purpose of paying the cost
of said facilities, said date being within
three years following the date of issue of
said bonds;
(3) work on the said facilities has pro-
ceeded and is expected to proceed with
due diligence to completion;
(4) said facilities have not been and are
not expected to be sold or otherwise dis-
posed of in whole or in part prior to
the last maturity of said bonds;
(5) all of the principal proceeds of the
bonds are needed for the purpose stated
in the form of bond above set out, in-
cluding expenses incidental to such pur-
pose and to the issuance of the bonds; and
(6) to the best of the knowledge and
belief of the Council there are no facts,
estimates or circumstances that would
materially change the conclusions and
representations set out in this section.
Said Council also certifies and further
covenants with the purchasers and hold-
ers of said bonds from time to time out-
standing that so long as any of said bonds
remain outstanding, moneys on deposit in
any fund or account in connection with
said Lands, whether or not such moneys
were derived from the proceeds of the
sale of said bonds or from any sources,
will not be used in a manner which will
cause such bonds to be "arbitrage bonds"
within the meaning of Section 103 (d) of
the Internal Revenue Code of 1954, as
amended, and any lawful regulations pro-
mulgated or proposed thereunder, includ-
ing Sections 1.103-13 and 1.103-14 of
the Income Tax Regulations (26 CFR Part
1), as the same presently exist, or may
from time to time hereafter be amended,
supplemented or revised. The Council re-
serves the right, however, to make any
investment of such moneys permitted by
state law if, when and to the extent that
said Section 103(d) or regulations pro-
mulgated thereunder shall be repealed or
relaxed or shall be held void by final
decision of a court of competent juris-
diction, but only if any investment made
by virtue of such repeal, relaxation or
decision would not, in the opinion of
counsel of recognized competence in such
matters, result in making the interest on
said bonds subject to federal income tax-
ation.
Section 6. That as required by Chapter
76 of the Code of Iowa and for the pur-
pose of providing for the levy and col-
lection of a direct annual tax sufficient
to pay the interest on said bonds as it
falls due, and also to pay and discharge
the principal thereof at maturity, there be
and there is hereby ordered levied on all
the taxable property within said City a
direct annual tax for each of the years
while said bonds or any of them are out-
standing, in amounts sufficient for that
purpose, and that there be and there is
hereby levied upon all the taxable property
in said City the following direct annual
tax, to -wit
In the year 1975 for collection in the
fiscal year ending June 30, 1976, a
tax sufficient to produce the sum of
$345,067 for principal and interest;
Adjourned Special Sess'on, December 23, 1974
629
In the year 1976 for collection in the
fiscal year ending June 30, 1977, a
tax sufficient to produce the sum of
$292,000 for principal and interest;
In the year 1977 for collection in the
fiscal year ending June 30, 1978, a
tax sufficient to produce the sum of
$281,200 for principal and interest;
In the year 1978 for collection in the
fiscal year ending June 30, 1979, a
tax sufficient to produce the sum of
$271,200 for principal and interest;
Inthe year 1979 for collection in the
fiscal year ending June 30, 1980, a
tax sufficient to produce the sum of
$261,200 for principal and interest;;
In the year 1980 for collection in the
fiscal year ending June 30, 1981, a
tax sufficient to produce the sum of
$251,200 for principal and interest;
In the year 1981 for collection in the
fiscal year ending June 30, 1982, a
tax sufficient to produce the sum of
$241,200 for principal and interest;
In the year 1982 for collection in the
fiscal year ending June 30, 1983, a
tax sufficient to produce the sum of
8231,200 for principal and interest;
In the year 1983 for collection in the
fiscal year ending June 30, 1984, a
tax sufficient to produce the sum of
$220,800 for principal and interest;
In the year 1984 for collection in the
fiscal year ending June 30, 1985, a
tax sufficient to produce the sum of
$210,400 for principal and interest.
A certified copy of this ordinance shall
be filed with the County Auditor of Du-
buque County and said Auditor shall be
and he is hereby instructed in and for each
of the years 1975 to 1984, inclusive, to en-
ter for collection and assess the tax hereby
authorized. When annually entering said
taxes for collection, the County Auditor
shall include the same as a part of the
ax levy for debt service fund purposes of
said City, and when collected, the pro-
ceeds of said axes shall be converted into
the debt service fund of said City and
set aside therein as a special account to be
used solely and only for the payment of
principal and interest of the bonds hereby
authorized and for no other purposes what-
soever.
That the principal or interest coming
due at any time when there are insufficient
funds on hand to pay the same be prompt-
ly paid when due from current funds on
hand, and reimbursement be made to such
current funds in the sums thus ad-
vanced when the taxes herein provided
shall have been collected.
That if in any year funds shall be
realized from sources other than the tax
above provided which funds shall be
properly applicable to the payment of the
principal of and interest on these bonds,
such tax for the succeeding year shall be
abated and not extended for collection
to the extent of the funds so available and
actually set aside and pledged for that
purpose.
It is hereby declared to be the purpose
and intent of said City to issue the bonds
hereby authorized as general municipal
obligations pledging the full faith and
credit of said City for their payment by
means of taxation, but at the same time
permitting the pledging and use of funds
available from any other source, which
may be properly applied to the payment
of said principal and interest.
Section 7. That all ordinances, resolu-
tions or parts thereof in conflict here-
with be and the same axe hereby repealed
to the extent of such conflict.
Passed and approved December 23, 1974.
Allan T. Thoms
Mayor
Attest::
Leo F. Frommel[
City Clerk
Recorded December 23, 1974.
Published December 27, 1974.
Leo F. Frommel[
City Clerk
Published officially in the Telegraph
Herald Newspaper this 27th day of De-
cember, 1974.
Lw F. Frommel[
City Clerk.
It. 12-27.
Mayor Thoms moved final adop-
tion of the Ordinance. Seconded by
Councilman Lundh- Carried by the
following vote:
Yeas - Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays -Councilman Brady.
Petition of Wm. P. Morehouse
et al (25 signers) requesting re-
moval of "No Parking" signs on
the south side of Fenelon Place,
presented and read. Mayor Thoms
moved that the petition be re-
ferred to the City Manager and
Traffic Department for investiga-
tion and report. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays -None.
Petition of George Kennedy re-
questing opportunity to purchase
Lot 2 of 1 of 1 of 1 of 1 of 1 of 1
of 1 of M.L. 342 off Kaufmann Ave.,
presented and .read. Mayor Thoms
moved that the petition be re-
ferred to the Planning & Zoning
Commission. Seconded by Council-
man Justmann. Carried by the fol-
lowing vote:
Yeas - Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays -None.
630 Adjourned Special Session, December 23, 1974
Petition of Nelson M. Norwood
Sr., requesting a refund of $50 on
the unexpired portion of cigarette
license No. 460, as he discontinued
business on 12-3-74, presented and
read. Councilman Lundh moved
that the refund be granted and
City Auditor directed to issue
proper warrant. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Thompson Food Mar-
kets requesting a refund of $50
on the unexpired portion of ciga-
rette license No. 331, as they dis-
continued business at 1101 Rhom-
berg Ave. on 12-23-74, presented
and read. Councilman Lundh
moved that the refund be granted
and City Auditor directed to issue
proper warrant. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
Petition of Gerald E. Miller Sr.
requesting a refund of $50 on the
unexpired portion of cigarette li-
cense No. 458, as he discontinued
business on December 2, 1974, pre-
sented and read. Councilman
Lundh moved that the refund be
granted and City Auditor be di-
rected to issue proper warrant.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas — Mayor Thoms, Coun-
cilmen Brady, Justmann, Lundh,
Stackis.
Nays—None.
December 20, 1974
Honorable Mayor and
City Council
The Fair Labor Standards Act of
1938 was amended by Pub. L. 93-
259, 88 Stat. 55 May 1, 1974.
According to regulations on Pol-
ice and Firefighters, promulgated
by the Department of Labor on No-
vember 1, 1974, the City of Du-
buque must make a positive dec-
laration of what constitutes a
"work period" for Police and Fire
Departments. These regulations
further state that if the practice of
trading time is to be continued, the
city must make a positive declara-
tion that time traded must be
paid back within the calendar year.
Failure to comply with these
regulations could result in the pay-
ment of unnecessary overtime.
I submit for your approval the
following resolutions to comply
with these directives.
Francis A. Murray
Assistant City Manager
Councilman Stackis moved that
the communication be received
and filed. Seconded by Mayor
Thoms. Carried by the following
vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 445-74
Resolution Establishing and De-
claring the Work Period for Em-
ployee engaged in Fire Protec-
tion Activities and Establishing
and Declaring Shift Trading Pol-
icy.
WHEREAS, the Fair Labor
Standards Act of 1938 as amended
by the Fair Labor Standards
Amendments of 1974 (PUB L. 93-
259 88 Stat. 55) requires the dec-
larations of a work period and a
declaration of a policy for shift
trading for employees engaged in
Fire Protection Activities, as de-
fined in said Fair Labor Standards
Amendments.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. That the declared
work period for employees en-
gaged in Fire Protection Activities
as defined in the Fair Labor Stand-
ards Amendments be twenty-one
days commencing December 30,
1974.
Section 2. That the past practice
of voluntary shift trading be allow-
ed to continue with the declared
policy that all shift time traded be
paid back during the same calen-
dar year in which the shift trading
occurs.
Section 3. That this declaration
of work period and shift trading be
effective January 1, 1975 through
December 31, 1975.
Adjourned Special Session, December 23, 1974 631
Passed, adopted and approved
this 23rd day of December, 1974.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 446-74
Resolution Establishing and De-
claring the Work Period for Em-
ployees engaged in Law Enforce-
ment Activities and Estdblish-
ing and Declaring Shift Trading
Policy.
WHEREAS, the Fair Labor
Standards Act of 1938 as amended
by the Fair Labor Standards
Amendments of 1974 (PUB L. 93-
259, 88 Stat. 55) requires the dec-
larations of a work period and a
declaration of a policy for shift
trading for employees engaged in
Law Enforcement Activities, as de-
fined in said Fair Labor Standards
Amendments.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. That the declared
work period for employees engaged
in Law Enforcement Activities as
defined in the Fair Labor Stand-
ards Amendments be twenty-eight
days.
Section 2. That the past practice
of voluntary shift trading be al-
lowed to continue with the declar-
ed policy that all shift time trad-
ed be paid back during the same
calendar year in which the shift
trading occurs.
Section 3. That this declaration
of work period and shift trading
be effective January 1, 1975
through December 31, 1975.
Passed, adopted and approved
this 23rd day of December.
Allan T. Thoms
Mayor
C. Robert Justmann
James E. Brady
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Fronunelt,
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Thoms. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
mne Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 447-74
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
complied with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
Joseph A. Schumacher, Noel's Tap,
2400 Central Avenue
Paul E. Anthony, Ring's Fine Food
Restaurant, Inc., 1185 Dodge
Street
Thompson's Food Markets, Inc.,
Oky Doky #11, 1101 Rhomberg
Avenue
Passed, adopted and approved
this 23rd day of December 1974.
Allan T. Thoms
Mayor
James E. Brady
Emil Staekiq
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Lundh, Stackis.
Nays — Councilman Justmann.
RESOLUTION NO. 448-74
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
632 Adjourned Special Session, December 23, 1974
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that the
following applications be approved
and licenses issued upon the com-
pliance with the provisions of
Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
James P. Kachevas and Sunday
Sales, 665 Dodge Street.
Joseph A. Schumacher, Noel's Tap,
2400 Central Avenue
Passed, adopted, and approved
this 23rd day of December 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 449-74
WHEREAS, applications for Liq-
uor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
James P. Kachevas and Sunday
Sales, 665 Dodge Street
Joseph A. Schumacher Noel's Tap,
2400 Central Avenue
Passed, adopted and approved
this 23rd day of December 1974.
Allan T. Thoms
Mayor
James E. Brady
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
RESOLUTION NO. 450-74
WHEREAS applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED BY the City Council of
the City of Dubuque, Iowa, that the
following applications be granted
and permits issued upon the com-
pliance with the terms of the Ord-
inances of the City.
CLASS "B" BEER PERMIT
Loras College, Loras and Alta Vista
Streets
CLASS "C" BEER PERMIT
Thompson's Food Market, Inc. Oky
Doky #9, 51 West 32nd Street
Passed, adopted and approved
this 23rd day of December 1974.
Allan T. Thorns
Mayor
C. Robert Justmann
Emil Stack's
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thoms moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:.
Yeas — Mayor Thoms, Council-
men Justmann, Lundh, Stackis.
Nays — Councilman Brady.
Adjourned Special Session, December 23, 1974 633
RESOLUTION NO. 451-74
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil; and
• WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with Ordinances of this City and
they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the following
named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Loras College, Loras and Alta Vista
Streets
CLASS "C" BEER PERMIT
Thompson's Food Markets Inc.,
Oky Doky #9, 51 West 32nd
Street
Allan T. Thorns
Mayor
C. Robert Justmann
Emil Stackis
Alvin E. Lundh
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Mayor Thorns moved adoption of
the resolution. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thorns, Council-
men Justmann, Lundh, Stackis.
Nays — Councilman Brady.
At 9:55 P.M. Councilman Stackis
moved to go into Executive Ses-
sion on pending litigation and to
discuss Labor Negotiations present-
ly under way. Seconded by Coun-
cilman Lundh. Carried by the fol-
lowing vote:
Yeas — Mayor Thoms, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Council reconvened in regular
session at 10:12 P.M. At that time
it was announced the subjects dis-
cussed were personnel policy and
legal proceedings on landfill.
There being no further business,
Councilman Stackis moved that the
meeting be adjourned. Seconded
by Mayor Thoms. Carried by the
following vote:
Yeas — Mayor Thorns, Council-
men Brady, Justmann, Lundh,
Stackis.
Nays — None.
Leo F. Frommelt,
City Clerk
Approved 1975.
Adopted 1975.
Mayor
Attest:
Councilmen
City Clerk