1975 March Council Proceedings
Regular Session, March 3, 1975
CITY COUNCIL
(O'FFtCIAI.
Regular Session, March 3, 1975.
Council met at 7:30 P.M. (C.D.T.)
Present - Mayor Justmann,
Councilmen Brady, Thoms. CIty
Manager Gilbert D. Chavenelle.
Absent - Councilmenl.undh,
Stackls.
Mayor Justmann read the call
and stated that service thereof
had been duly made and this is
the REGUI.AR MONTHI. Y MEET.
ING of the City Council called for "
the PUrpose of acting upon such
'buslness as may properly Come
before the meeting.
Communication of Planning &
Zoning Commission submitting
minutes of tlteir meeting of Feb.
ruary 10, 1975, presented and read.
Councilman Brady moved that the
minutes be received and filed. Sec-
onded by Concilman Thoms. Car-
ried by the following vote:
Yeas ~ Mayor Justmann, Coun-
cilmen Brady, Thoms.
)lays-None.
Absent ~ Couneilmen Lundh,
Stackis.
Communication of Playground
& Recreatio.n Commission submit-
ting mintues of their meeting of
February 10, 1975, presented and
read. Couneilman Brady moved
that the minutes be received and
filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Tho/n$.
Nays-None.
Absent - Councilmen Lundh,
Stackis.
Communication of Ozark Air
Lines submitting application to
extend embargo ,beyond expiration
da.1e of 'February 28, 1975 before
the Civil Aeronautics Board rela-
tive to its membership on the car-
riage of all hazardous materials,
until such time that new rules and
regulations are implemented, pre.
sented and read. Councilman
Thoms moved that the communi.
cation be received and filed and
referred to the Airpor,t Commis-
sion. Seconded by Conncilman
Brady. Carried by the fellowing
vote:
Yeas - Mayor JIIstmann, Coun.
cilmen Brady, Tho/n$.
93
Nays-None.
Absent - Councilmen Lundh,
Stackis.
Communication of Board of Su-
pervisors of Hardin County, ad-
dressed to Councilman Thoms,
submitting copy of communication
sent to the District Engineer of
the State Highway Commission re-
questing the reactivation of the
1.520 Program, presented and read.
Councilman Brady moved that the
communication be referred to the
Council meeting of March 10,
1975. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas - Mayor Justmanu, Coun-
cilmen Brady, Tho/n$.
Nays-None.
Absent ~ Councilmen Lundh,
Stackis.
Communication of East Cen.
tral Intergovernmental Association
sul>mitting a communication for
the Dubuqlle County Board of 811'
pervisors setUng out a change m
distribution of the member per.
capita assessments affecting Du-
buque County member govern-
ments, presented and read. Coun-
cilman Thoms moved that the
communication be reeeived and
filed. Seconded .by Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Tboms.
Nays-None.
Absent - Councilmen Lundh,
Stackis.
Communication of Dubuque Ad.
visory Commission submitting
amended minutes of the meeting
of January 28th; also meeting of
February 25, 1975, presented and
read. Mayor Justmann moved to
Suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Council.
man Thoms. Carried by the follow-
ing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Thoms.
Nays~None.
Al>sent - Councilmen Lundh,
Stackis.
David Clemens addressed the
Council relative to the minlltes
su'l>mitted. 'Councihnan Brady
moved that the minutes be re-
ceived and filed. Seconded by Ma.
, Regular Session, March 3, 1975
yor Justmann. Carried by the fol. proper proceedings. Seconded by
lowing vote: Cou,ncUman Brady. Carried by the
Yeas - 'Mayor Justmann, Conn. ~ollòwing vote:
cilmen Brady, Thoms. Yeas - Mayor Justmann, Coun.
Nays-None. cilmen Brady, Thoms.
Absent - Councilmen Lundh, Nays-None.
Stackis. Absent - Councilmen Lundh,
Communication of Youth Ser. Stackis.
vices Board of Directors submit- Petition of Dennis Meyer request.
ting minutes of their meeting of ing permission to proceed with
January 28, 1975, presented and plans to conduct a pony Express
read. Couucilman Thoms moved ride to he held on 'March 28th and
that the minutes be received and 29th to solicit money on horseback
filed. Seconded 'by 'Mayor Just- in various areas of the City for
mann. Carried by the following crippled chidren, presented and
vote: read. Councilman Thoms moved'
Yeas - Mayor Justmann, Coun. th'at the petition be referred to
cilmen Brady, Thoms. the City Manager for implementa.
Nays-None. tion. Seconded ,by Councilman
Absent - Councilmen Lundh, )3rady. Carried by the following
St~.~!~., ',,' ': ' , vote: ' "
Notice of Claim of Mrs. Vanghn , Yeas ~ Mayor Ju~tmann, Conn. ,
Radabaugh, in the, amount of ~ilmen ßrady, Thoms.
$10,000, for pètson'àl'injUries'rè. , Nays-None. ' '",' ",'
ceived in à' fál! 'on ièyCity owned i Aibsent - Councilmen !,undh,
steps on the north side of West ;Stackis.
Eighth street on January 4, 1975, ' Petition of Mrs. Warren CO1iràd
presented and read. Councilman of 2419 Jackson Street requesting
Thoms moved that the Notice of :'ome traffic control system or de.
Claim be referred to the City At. vice at the intersection of 24th &
torney for proper, proceedings. Jackson Streets, 'presented and
Seconded by 'Councilman Brady. read. Mayor Justmann moved that
Ca¡iriedby the fol!owing vote: the petition be received and' filèd
Yeas- Mayor Justmann, Coun. and referred to the City Manager
cilmen Brady, Thoms. for investigatiOn mid report. Sec.
'Nàys-None: onded by Councilman Thoms. Car.
Absent - Councilmen Lundh, ried by the fol!owing vote:
Stackis. Yeas - Mayor Justmann, Coun.
Notice of Claim of Stel!a L. 'Reu, cilmen Brady, Thoms.
ter, in an undertermined amount, Nays~None.
for personal injuries received in a Absent - Councilmen Lundh,
fal! on a defective sidewalk at Stackis.
1610 Lincoln Ave. on February 1, Petition of Colt 45 Drum & Bn.
1~75, presented and read. Coun. gle Corps requesting consideratio,n
cIlman Thoms moved that the No. for funds if available at City
ti~e of Claim be referred to the County, State or Federallevel,u,n:
CIty Attorney for proper proceed. der Crime Prevention Program or
ings. Secon.ded ,by Council~an Community Development Program,
Brady. CarrIed by the fol!owmg presented and read. Robert Bue.
vote: low, Coordinator of Colt 45 Drum
. Yeas - Mayor Justmann, Coun. & Bugle Corps addressed the Coun.
CIlmen Brady, Thoms. cil relative to the petition. Coun.
Nays-None.. cilman Thoms movèd that the ¡ie.
Absent - CouncIlmen Lundh, titian be received and filed and
Stackis. referred to Gent Wittenberg and
Notice of Claim of Betty Schil. Councilman Stackis of North East
sky, in, an uudetermined amount, Area Crime Commission. Second.
for personal injuries received in a ed by Mayor Justmann. Carried by
fal! on a step at W. 17th Street the following vote: '
due to an icy condition on Feb- Yeas - Mayor Justmann, Conn.
wary 11, 1975, presented and cilmen Brady, Thoms.
read. Councilman Thoms moved Nays-None.
that ,the Notice of Claim ,be re- Á!bseut '- Councilmen Lundh
ferred to the City Attorney for Stackis. '
94
/
Regular Session, March 3, 1975
95
Petition of Rouald D. Weydert At the meeting of the City
et al ~36 signers) requesting reo Council, City of Dubuque, Iowa,
classification of Keyway Drive the representative of Hampton As.
from a so called "through street" sociates made oral presentation to
to a "non.through street" to per. the City Couneil requesting an ex.
mil the installation of stop signs tension of time for an additional
,at Foothill Road & Keyway Drive, period as wel! as a review of the
presented and read. Mayor Just. situation in the light of the de.
mann moved that the petition be velopments that have occurred
referred to the City Manager for with the Five Flags Center. Harnp.
proper proceedings. Seconded by ton Associates al!eged that the de.
Councilman Thoms. Carried >by velopment of Five Flags is an in-
the fol!owing vote: tegral necessity to the develop.
Yeas - Mayor Justmann, Coun. ment of any plans for the pro-
cilmen Brady, Thoms. posed Ramada Inn ¡It said site.
Nays-None. Section 704 of said regulations
Ab~ent - Councilmen Lundh, provides that If the redeveloper
StacklS. shal! default in or violate its ob.
Petition of Mrs, Vicki Howard ligation with respect to the con.
requesting a minimum speed law struction of the improvements (in.
(15 m.p.h.J and signs indicating cluding the nature and the dates
the presence of children on Wood. from the beginning and comple.
worth Street, presented and read. tion thereof), or shal! abandon or
Councilman Tho/n$ moved that substantial!y suspend construction
the petition be referred to the work and any such default in vio.
City Manager, Engineering De. lation, or abandonment or suspen-
partment, and Traffic Department. I sian shal! not be cured, ended or
Seconded by Councilman Brady. remedied within three (3) months
Carried by the following vote: i after the demand by the Agency
Yeas - Mayor Justmann, Coun. so to do, then in such event, the
cilmen Brady, Thoms. Agency shal! have the right to re-
Nays-tNone. enter and take possession of the
Absent - Councilmen Lundh, property snd to terminate the es.
Stackis. tate conveyed by deed to the Re.
Petition of Mettel Realty & In. developer, and that title revest
vestment Company requesting per. in the Agency which in this' in.
mission to install street lighting stance w(}uld ,be the City of Du.
in Hillcrest Road and Admiral buque.
Street, presented and read. Mayor Section 705 provides that upon
Justmann moved that the petition the revesting in the Agency, the
be approved and referred to the title to the property or any part
City Manager for ratification. Sec- thereof, the Agency shall use its
onded by Councilman Brady. Car- best eff(}rts to resell the property
ried >by the fol!owing vote: and in such manner as the Agency
Yeas - Mayor Justmánn, Coun. shall find feasible, and, upon such
cilmen Brady, Thoms. resale, the Agency first shal! reim.
Nays-None. burse itself for al! costs and ex-
Absent - Councilmen Lundh, penses incurred by the Agency,
Stackis. and al! other numerated costs and
February 7 1975 expenses setout in said Section
Honor"ble Mayor and ' 705, and thereafter to reimburse
City Council to the rede~elope~ the s!,m of the
The matter of the Hampton Can. purchase prIce paId by It, or.p.art
tract relàting to the purchase of thereof. Any .balance remammg
Urban Renewal property in the ..,ter i~ucfb reImbursement sh~1
Urban 'Renewal Area of the City be retamed by the Agency of this
of Dubuque, Iowa, has ,been re- property.
ferred to this writer in connec. In summary and very briefly,
tion with the fact that the said the Agency can declare the rede.
owner is in default of contract un- veloper to be in default, and serve
der which they purchased said real a written demand to commence
estate as to terms of performance the construction, and upon failure
of the (}bligations therein can. to do so within three months, then
táined. they shal! have right to reenter
aond lake ,possession of the proper.
ty and the title of revest in the
Agency, and thereafter the Agen-
cy caJ!l. sell said property and from
the sale proceed$ reimburse the
redeveloper for what it has paid
for the property and any over plus
may ,be retained by the Agency.
A machine copy of the regula-
tions is hereto attached for your
further enlightment.
R. N. Russo
City Attorney
Councilman Brady moved that
the communication be received
and £iled. Seconded 'by Councilman
Thoms. Carried ,by the following
vote:
Yeas - Mayor Justmann" Coun-
cilmen Brady, Thoms.
Nays-None.
Absen:t - Councilmen Lundh,
Stackis.,
A RESOLUTION authorizing an
extension of time in which R.
Hampton & Company, Inc., is to
commence construction on certain
land in the Downtown Urban Re-
newal Project, Iowa R-15, present-
ed and read. Councilman Brady
moved that the extension ,be de-
nied. MOIJ'ION DIED FOR LACK
OF A SECOND. Mayor Justmann
moved that the resolution be re-
ferred to the Council Meeting of
March :10, 1975. Seconded by Coun-
cilman Thoms. Carried by the fol-
lowing vote:
Yeas - Mayor Justmann, 'Conn-
oilmen Brady, Thoms.
Na~s-None.
Absent - Councilmen Lundh,
Stackis.
A RESOLUTION granting Class
"B" Beer Permit application to
Riehard B. Winsor, presented and
read. Councilman Thoms moved
adoption of the resolution. Sec-
onded by Mayor Justmann. Vote
on the motion was as follows:
Yeas - Mayor Justmann, Coun-
cÌlman Thoms.
Nays-Councilman Brady.
Absent - Couneilmen' Lundh,
Stack1s.
MOTION FAILED.
Councilman Thoms moved to re-
fer the resolution to the Council
meeting, of March 10, 1975 for re-
consideration. Seconded :by Mayor
Jnstmann. Carried by the £bilow-
ing vote:
Yeas - M"yor Justmann, Coun-
cilmen Brady, Thoms.
Nays-None.
Regular Session, March 3\ 1975
Absent - Councilmen Lundh,
Stackis.
A RESOLUTION directing the
isSllance of Class "B" Beer Permit
to Richard B. Winsor, presented
and read. :Councilman Thoms
moved adoption of the resolution.
Seconded by Mayor Justmann.
Vote on the motion was as fol-
lows:
Yeas - Mayor Justmann, Coun-
cilman Thoms.
Nays-Councilman Brady.
Absent - Councilmen Lundh,
Stackis.
MOTION FAlLED.
Conncilman Thoms møved tore.
fer the resolution to the Council
meeting of March IB, 1975 for re-
consideration. Seconded by Mayor
Justmann. Carried by the folløw-
ing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Thoms.
Nays-None.
Absent - Councilmen Lundh,
Stackis.
RESOl.UT1ON NO. 52.75
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provi.
sions of Chapter 131, Acts of the
First Regular Session, 64i1h Gen.
eral Assembly.
CI.ASS "c" (COMMERCIAL) BEER
AND LIQUOR I.ICENSE
The Apartments, Ltd., Kennedy
Mall
Passed, adopted and approved
tbls 3rd day of March 1975.
C. Robert Justmann
Mayor
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoma move" adop-
tion of the resolution. Seconded
by Mayor Justmann. C'arried¡'y
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen BradY, Thoms.
Nays-None.
Absent - 'COuncilmen Lundh,
Stackis.
96
Regular Session, March 3, 1975
RESOLUTION NO. 53.75
WHEREAS, applications for Liq-
uor Ucenses Were filed by the
within named applicants and they
have reèeived 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 reievant thereto and
they have filed proper bonds.
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
nubuque, Iowa, that the Manager
be authorized to cause to be is-
sued tø the following named ap-
plicants a Liquor License.
CI.ASS "c" (COMMERCIAl.)
BEER AND I.IQUOR I.ICENSE
The Apartments, Ltd., Kennedy
Mall
Passed, adopted and approved
this 3rd day of March 1975.
C. Robert Justmann
Mayor
James E. Brady
Allan T. Thoms
CouncUmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Seconded
by Mayor Justmann. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cUmen Brady, Thoms.
Nays-None.
Absent ~ Councilmen Lundh,
Stackis.
RESOI.UTlON NO. 54.75
WHEREAS, upon the recom-
mendation of the Mayor's Indus-
trial Committee, the City of Dubu-
que and Thermolyne Corporation
entercd into an option, to purchase
real estate, dated the 12th day of
F1ebruary, 1973, wher<'¡n the City
of Dubuque agreed to sell to Ther-
molyne Corporation of Dubuqne,
Iowa, the following described real
estate, to-wit; and
Lot 1 of Block 12, Block 13,
and Lot 1 of Biock 14, in "Riv-
er Front Subdivision No- 3" in
the City of Dubuque, Iowa.
WHEREAS, Mayor's Industrial
Committee compos,ed of Robert,
Justmann, Mayor, William Wood-
ward, Chairman of Board of Dock
Commissioners, and Robert E.
Dorothy, Manager of Dubuque In-
dustrial Bureau, communicated to
the City notice that said optionee
is willing to exercise Its option
immediately provided the City of
Dubuque modify said option to
grant purchaser the right to com-
mence construction ofa new piant
on the premises within three years
of transfer of deed, and completion
of the project within four years of
transfer of deed; and
WHEREAS, saId optionee is wi1!-
ing ,to exercise its option to pur-
chase the above described real es-
tate subject to all other terms and
conditions in said option agree-
ment.
NOW 11HEREFORE BE IT RE.
SOLVED BY THE Cl1'Y COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Sec¡lion I: That the exercise of
the option as modified to purchase
the hereiuabove described real es-
tate by Thermolyne Corporation
be and th~ same is hereby approv-
ed.
Section 2: That the sale of the
real estate hereinabove described
to Thermolyne Corporation of Du-
buque, Iowa, he and ,tbe same is
hemby approved sulFject to the
following terms and conditions:
1. That tbe selling price of said
real estate shall be Five Thous-
aud ($5,000.00) Dollars per acre
or a total purchase price of
$36,030.00 Dollars and that the
option payments shall not be
deemed nor be applied upon the
purchase pricc.
2. That the construction of said im-
provements shall conform to all
City Codes and Ordinances.
3. In the event of ,exercise of said
opUon, the City sball convey said
prcmises by Quit Claim Deed
subject to existing easements,
for sewer, water and all utilities
and the City reserves an ea.'e-
ment for the location and main-
tenance of such utilities, togeth-
er with the right of ingress
therein and egress therefrom for
the purpose of repair and main-
tenance thereof.
4. The Ci,ty reserves an easement
over Lot 1 of Block 14 River-
front Subdivision No.3 for pos-
sible extension of sanitary sew-
er, storm sewer and water main
and said easement shan be for
Fifty (50') feet as construction
easement and for twenty (20')
fect as utilities easement.
97
Regular Session, March 3, 1975
5. That said ,City reservcs an case- Ther,e being no further business,
ment in, over, on and across the Councilman Thoms moved to ad-
property hereinabove described journ. Seconded by Couneilman
as railroad easement, which ease- Brady. Carried by the following
ment area is shaded in green on vote:
.the attached plat and contains Yeas - Mayor JuBimann, Coun.
approximately .3377 acres, said cilmen Brady, Thoms.
piat being dated January 31, Nays - None.
1969, and pœpared by Cullen- Absent - ,Councilmen Lundh,
Schiltz & Associates, Inc. Stackis.
6. That purchasers shall commence LeaF. Frommelt
construction of a new plant on City Clerk
the premises within three years
of date of deed and shall com-
plete the project within four Approved ....................................1975.
years of date of deed.
Section 3: That the City Clerk be
and he is hereby authorized and Adopted ......................................1975.
directed to publish notice of in-
tent to dispose of interest in real
estate as is by law required. """"""""""""""""""""""""""""""
Passed, approved and adopted Mayor
this 3rd day of March, 1975.
C. Robert Justmann
James E. Brady ............................................................
Allan T. Thoms
Councilmen
Attest: """"""""""""""""""""""""""""""
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop- """"""""""""""""""""""""""""""
tion of the resolution. Seconded by
Councilman Brady. Carried by the
following vote: ............................................................
Yeas - Mayor Justmann, Coun. Councilmen
cilmen Brady, Thoms.
Nays - None.
Absent - Councilmen Lundh Attest: ................................................
Stackis. 'City Clerk
98
Special Session, March 10, 1975
CITY COUNCIL
OFFICIAl.
Spec;a" Session, March 10, 1975.
Council met at 7:30 P.M. (C.D.T.)
Present-Mayor Justmann, Coun.
cilmen Brady, I.undh, Stackis,
Thoms. City Manager Gilbert D.
ChavenelJe.
Mayor Jnstmann read the call
and stated that service .thereof had
been duly made and this Meeting
is called for the purpose of CON.
DUCTING A PUBI.IC HEARING
ON THE BUDGET ESTIMATE
FOR FISCAl. YEAR JUI.Y 1, 1975
TO JUNE 30, 1976, and acting up-
on such other ,business as may
pròperly come before a regular
meeting of the Council.
Proof of Publication, certified to
by the Publisher, 'of Notice of Pub.
lic Hearing on the Budget Estimate
from Juiy 1, 1975 to June 30, 1976
expenditures; presented and read.
Councilman Lundh moved that ,the
proof ofpúblièation be received
aud filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas ~. Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Naya - None.
Communic8ltiou of Fred & Ard.
ith Meeker of R. R. #2, objecting
to possible tax raise of properties
they own iu the City, presented
and read. Mayor Justmann moved
that the communicwtion be receiv.
ed and filed, Seconded by Collncil-
man Stackis. Carried ,by the follow-
ing vote:
Yeas - Mayor Justmanu, Coun.
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Petition of Dale Walbrun et al
(160 signers) objecting to increase
in property taxes and also iucrease
for water, sewage & refuse pick-
up, presented and read. Collncil-
man Stackis moved that the peti-
tion be received and filed and reo
ferred to the Council. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas - Ma)"or Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None,
Councilman Thoms moved to suS.
pend the rules to let anyone pres-
ent address the Council if they so
desire. Seconded by Councilman
Brady. Carried by the fallowing
vote:
Yeas -' Mayor Justmaun, Coun.
cilmen Brady, Luudh, Stsckis,
Thoms.
Nays - None.
Paul Milbrandt of Dubuque Cas-
ke,t Company presented and read a
communication objecting to street
diverters on Washington Street at
15th, l.6th, 17th, 18th & 19th
Streets. Eldon Wilwert addressed
the Council objecting to diverters
on Was'hingtou Street. Councilman
Stackis moved that the communica.
tion of Paul Milbrandt 'be received
and filed. Seconded by Conncilman
Lundh. Carried by the fOllowing
vote:
Yeas - Mayor .rustmann, Coun-
cilmen Brady, Lundh, Stackls,
Tho=. '
Nays - None. ,
Councilman Thoms moved to re-
cess the Public Hearing on the
Estimated Budget to the COuncil
meeting Of March 24, 1975 at 7:30
o'clock P:M. in the CouncilChamc
hers. Seconded by Councihi¡¡¡n
Lundh. Carried by the following
,vote:
Yeas - Mayor Justmann, Coun-
,cilmen Brady, Lundh, Stackis,
'Thoms.
Nays - None.
Communication of Dub u que
County Associa'tion for Retarded
Citizens, Inc. offering their assist.
ance in the development of a Hous.
ing Assistance Plan, specifically to
help the needs of the handicapped,
elderly and the mentally retarded,
presented and read. Mayor Just.
mann moved that the communica.
tionbe received and filed and re-
ferred ,to the Department of Com.
munity Development. Seconded by
Councilman Lundh. Carried by the
fallowing vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Communication of Wahlert Ec.
ology Students expressing interest
in "Earth Day" April 22nd and
inquiring about Iowa laws and City
laws regulating air, water, land
and noise pollution, presented and
read. Mayor Jus'tmann moved that
the communication be referred to
Dittemore's Department, Engineer-
ing Department and the City Man-
99
100
Special Session, March 10, 1975
ager. Seconded by Councilman
Stackis. Carried by the foJlowing
vote:
Yeas - Mayor Justmann, CO'Ull.
cHInen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Communication of Human Rights
Commission submitting minutes of
their meeting of February 5, 1975,
presented and read. Councilman
Thoms moved that the minutes be
returned to the Commission asking
for clarification of "Conflict of In-
terest" of Director Matt Lorenz,
Seconded by Councilman Lundh,
Carried by Ithe following vote:
Yeas '- ,Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis,
Thorn's.,
Nays - None.
OomITlunication of Board of Sup.
ervisors of Hardin County, sub.
mitting copy of letter sent to.lowa
State Highway Commission re-
questing reactivation of 1-520 Pro-
gram, and Boiiciting our support,
presented and read. Councilman
Thoms moved that their request he
supported and a copy of the adop-
tion of our resolution on 520 Pro-
gram' and Råil Transportation be
forwarded. ,Seconded by Conncii.
man )3rady. Carried by the follow-
ing "ote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Communication of Mrs. Mary L.
Mackel' of 1617 Lincoln Ave. being
concerned as to tlte possible re-
moval of busses in the summer.
time which would create a tragedy,
presented and read. Councilman
S'lackis moved that the communica.
tion be r~erred to the Council
meeting of March 24, 1975. See-
onded by 'Councilman Brady. Car.
ried by the following "ote:
Yeas - Mayor Justmann, Coun.
cilmen BradY, Luudh, Stackis,
Thoms.
Nays - None.
March 7, 1975
Honorable Mayor
and City Coullcil
ill answer to the questions re-
garding the grain elevator on
Tbruput's property, built next to
the floodwall, I would like to state
tltat I do not approve of this struc-
ture being built by the eompany
this close 10 the floodwall.
The elevator was placed there in
1972 and the Corps of Engineers
notified my office of its existence
shortly after it was constructcd.
At this timc the settlement of the
conerete panel was noted. In 1973
during the dedication, we, with the
Corps checked the settlement.
I beiieve the floodwall is sound
and has not been unduly damaged
by the construction of the ele.
vator.
The floodwall at this point sets
.ousteel (Z) piling which is driven
into the ground 14 feet beiow the
base of the floodwall.The (Z) pil.
ing extend 3 feet into the concrete
base of the floodwali. The base
of the floodwall is three and one-
half feet below the surface of the
ground. ' ,
The elevator is bui1'1one foot
from the inside edge of the con-
crete floodwall.
A 12" toe drain pipe runs under
the elevator. If we ever had tore-
build this drain the elevator would
have to be moved at the owner's
expense.
The only danger to our floodwall
wouid be the possibility of an un.
stahle subsurface condition.
The Corps of Engineers agreed
to make a study of subsoil condi-
.tions in the area of the silo and I
am enclosing a copy of this re-
port.
They report a 'safety factor of
1.1 to 1.3 with the silos both fuli
,of corn, this isa minimum permis-
sable safety factor but it should
be 2.0.
I will require Thruput to leave
the silos empty during high water
over a 25 foot stage which is 610
feet above sea level.
The Corps suggested establishing
survey points ün the flood wall to
be read periodiCálly, which will
provide warning of any change in
subsurface stress. :rhis will be ac-
complished within a short time.
John L. White, P.E.
City Engineer
Mayor Justmann moved that the
communication be received and fil-
ed. Seconded hy Councilman
Lundh. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Special Session, March 10, 1975
101
March 3, 1975
Honorable Mayor
and City Council
The U.S. Census Bureau has
notified us 'Ihat .they will be con-
ducting a special census for the
City of Dubuque in September of
this year.
The contract with the Census
Bureau ,for condUcting ,this cen.sus
was 'approved by the CHy Council
last fall. We have had meetings
with the census people relative to
the revision <>f tract maps for the
City. Modifications, -to ,the City
maps have been macJ-e ,and were
forwarded to the Cens.ns Bureau in
mid.January. '
We will keep you' informed as
plans for the'speciaI census mater,-
ialize.
Francis A. Mnrray
Assjstant~C¡¡y ManagÚ
Councilman Stackls moved that
the communi""tion be received and
filed. Seconded, hy Councilman
Lundh. Carried, by the fallowing
vote:
Y~as, ~ Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackjs,
Thoms. '
Nays - None.
underground wiring, be installed
at the fallowing 10catiol1S:
1. Between Lots 3 & 4 of Block13
along Hillcrest Road.
2. Between Lots 7 & 8 of Block 13
along Hillcrest Road.
3. Between Lots 2 & 3 of Block 11
along Admiral Street.
Your approval of these installa-
tions is requested.
Gilbert D. Chavenelle
City Manager
Councilman Lundh moved that
the communication bè received and
filed and request be approved. Sec-
ondèdby Mayor Justm'!nn. Carried
by the fallowing vote:.
Yeas, - Mayor Jl1Stmann, Coun-
cilmen, ' Brady,. Lundh, Stackis.
Thoms.
NaY~h~ None.
March 6, 1975
Honorable Mayor and
Members of the City Council
I have approved .the continuation
certificate Covering Sidewalk can'
struction Bond #29394 in hehalf of
Rapbael H. Strub, issued by Mid-
western Casualty &. Surety Com.
pany.
We desire to baye your approval
March 5, 1!}75 of same. Gilbert D. Chavenelle
~::o~û~lec~~~~ . City Manager
I herewith submit the reports of . ~ouncllman . Lundh~oved that
the Finance Director" Health De. fIlIng be approv~d suhJect to the
partment Water' Superintendent approval of the CIty Attorney. See-
and Tre~surer 'for the month of ondedby Ma~or Justmann. Carried
January as well as a list of claims by the folloWIng vote:
paid' Yeas -Mayor Justmann, Coun-
. Gilbert D. Chavenelle cilmen Brady, Lundh, Stackis,
. City Manager T~:;; - N~ne.
Counclbnan Lundh moved that
the communication be received and Notice of Claim of Mrs. Harold
filed. Seconded by Mayor Just- Schwaegler, in the amount of $75.,
mann. Carried by the following for personal .injury and pcrsonal
vote: property d'amage incurred as the
Ycas - Mayor Justmann, Coun- result of a fall at the carner of
cilmen Brady, Lundh; Stackis, Bennett St. & Grandview Ave. on
Thoms., February 16, 1975, presented and
Nays - None. rcad. Mayor Justmann moved that
the notice of claim he referred to
March 5, 1975 the . City Solicitor for proper pro-
ceedings. Seconded by Counèilman
Stackis. Cárried ,by the following
vote: .
Yeas -'- Mayor Justmann, Coun-
cilmen' Brady, Lundh, Stackis,
Thoms.
Nays - None.
Notice of Ciaim of Brian' E.
Bradley, in an undetermined
amount, for car damage incurred
Honorable Mayor
'and City Council
lam returning the petition of
Mr.:c. E. Mettel requesting street
lighting on Hillcrest Road and Ad-
miral Street in ,Mettel-nyrne Addi-
tion., ,
The area has ,heen investigated
by the electrical inspector and It is
recommended that three'175 watt
mercury vapor fbctures, along with
-- - - - -
Special Session, March 10, 1975
102
Special Session, March 10, 1975
103
a3 the r,esult of driving into an ex-
cavation at 17th & Main Streets on
March 5, 1975, presented and read.
Mayor Justmann moved that the
notice of claim be referred to the
City Solicitor for proper proceed-
ings- Seconded by Councilman
S'lackis. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady,. Lundh, Stackis,
Thoms.
Nays - None.
isting community center huilding
should be approved.
ClTY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Mayor Justmann moved that the
communication be received and fil-
ed. Seconded by Councilman
Thoms. CarrIed by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
'lhoms.
Nays - None.
AN ORDlNANCE amending and
changing Ordinance No. 3-3o1e,
known as "The Zoning Ordinance
and Zoning Map of the City of Du-
buque, Iowa", so as to change cer-
tain property described as "Com-
mencing at the southwest "orner
of the northwest quarter section of
Township 89 North, Range 2 East
of the 5th Principal Meridian, Du-
buque County, Iowa; Thence east-
erly along the south line of said
quarter section a distance of
1530.27 feet to a 'point, said point
also lying on the centerline of
Peru Road; Thence northerly along
a line, said line also being the
centerline of Peru Road; with a
deflection angie of 95" 56' 30" left
a distance of 730.46 feet to a point;
Thence westerly along a line with
a deflection angle of 89° 4' 15" left
a distance of 260 feet to a point,
said point being the beginning of
this legal description; Thence
northeasteriy along a line with a
defiectlon angle of 72° 20' 45"
right a distance of 689 feet to a
point; Thence southwesterly along
a line with a defleclion angle of
9Go 0' ieft a distance of 130 feet to
a point; Thence northwesterly
along a line with a deflection angle
of 95° 5' right a dislance of 140
feet to a point; Thence easterly
aiong a line through said point and
perpendicular to the centerline of
Peru Road at that point to a point
260 feet wcsterly of said center-
line; Thence southerly along a line
par,allel to, but 26G feet west of
the centerline of Peru Road to the
point of beginning; All territory
described lying in Lot A of Ter-
race Heights Subdivision being a
subdivision of the northwest quar-
ter of Section 21, Township 89
North, Range 2 East of the 5th
Principal Meridian, in the City of
Dubuque, Iowa, Dubuque County,
Iowa, containing 1.89 acres more
or less" from "Multipie Residence
District" Classification to "Loca]
Business 'B' District Classifica-
tion", presented and read. Coun-
cilman Lundh moved that the read-
ing just had be considered the
first re,ading of the Ordinance. Sec-
onded by Mayor Justmann. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays-None.
Councilman Lundh moved that
the rule requiring an Ordinance to
be read on three separate days
be waived. Seconded by Mayor
Justmann. Carried by the follow- I
ing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Councilman Lundh moved that
a public hearing be held on the
Ordinance on April 7, 1975 at
7:3Ü o'clock P.M. in the Council
Cham her at the Çity Hall and that
the City Clerk he instructed to
publish notice of the hearing in
the manner required ,by law. Sec-
onded by Mayor Justmann. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady,Lundh, Stackis,
Thoms.
Nays - None.
Petition of Loras College Stu-
dent Senate requesting permission
to use fireworks in celebrating
their annual Dionysia Festival on
April 25, 1975, presented and read-
Glenda Buesmer addressed the
Council questioning "Why not have
Fireworks". Councilman Brady
moved that the petition of Loras
College be received and filed and
referred to the City Manager. Sec-
onded by Councihnan Lundh. Car-
ried 'by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh" Stackis,
Thoms-
Nays - None.
Petitions of Shawn Bahl, et ai,
(approx. lOG letters) students from
Holy Ghost School. Audubon
School, Jackson School and others
requesting the establishment of a
Girl's Center, presented and read.
Councilman Thoms moved that tha
petitions ,be received and filed and
referred to the Department of
Community Development. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas - Mayor Justmann, COun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Petition of Frank Hardie Adver-
tising Inc. requesting rezoning of
Lot 2 of M. L. 243 and Lot 3 of
M. L. 243 from Single Family to
Business Classification (3100 Block
on University), presented and read.
Councilman StacIcis, moved that
the petition be referred to the
Planning & Zoning Commission.
Seconded by Councilman Lundh.
Carried by the following vote:
Yeas - Mayor Justmann, Coun-
cihnen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Petition of League of Women
Voters of Dubuque requesting the
adoption of a formal annex'ation
policy for the City, presented and
read.
Bobbe Ames, President of
League of Women Voters address-
ed the Council stating she had
written the Council in June of
1973. She further stated League is
now talking more about policy
rather than various parcels of land.
They are more Interested in open
space green belt, open use of land
and planned orderly growth. Coun-
cilman Lundh moved that the peti-
tion of League of Women Voters
be received and filed and referred
to Ihe Planning & Zoning Commis-
sion. Seconded by Councilman
Stackis. Carried by the foIlowing
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays-None.
Councilman Brady moved that
the Planning & Zoning Commis-
sion be instructed to inform the
Council on annexation guidelines.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas - Mayor Justmann,Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays-None.
Petition of Robert Watters re-
ques'fing rentalofapprox. 14 ac,,"s
abutting the Gantz property (land-
fill) off Highway #20,presented
and read. Councilman Lundb mov-
ed that the petition ,he received
and filed and referred to the, City
March 6, 1975
Honorable Mayor
and Councilmen
The City of Dubuque Planning
and Zoning Commission has held
a public hearing on the petition
of Manternach Devèlopment Com-
pany requesting reclassification of
a portion of their proper,ty in Ter-
race Heights Mobile Home Park in
the City of Dubuque, Iowa, from
Multiple ResidencePistrict" to
Local Business "B" Pistrict class,
ificaUon.
The Manternach Development
Company had successfuIly petition-
cd for C3tablishment 'of a Local
Business "B" District on their
property last year. In responding
to that original petition, the Plan-
ning and Zoning Commission had
determined"that their property
fronting on Peru ,Road was an ap-
propriate location for a neighbor.
hood business ,center serving the
growing residential population in
Ihe StonehillArea. The present
petition asks expansion of the
Local Business "B" District to in-
clude the existing community cen-
ter building within the Mobile
Home Park, so that limited com-
mercial operation may commence
in that structure pending later de-
velopment of the larger commer-
cial area on Per" Road.
The Commission has determined
that the proposal to delay develop-
ment of the pertt Road frontage is
reasonable and that there Is a com-
munity objective in withholding
development of that property until
finai plans for roadway re-develop-
ment and drainage ditch improve-
ment have been completed. Thc
Planning and Zoning Commission
has unanimously recommended
that the petition to expand the
Local Business "B" District on the
1.89 acre p.arcel containing the ex-
II
,
--------
Special Session, March 10, 1975
Special Session, March 10, 1975
104
105
of real estate by the City ofDu.
buque to R. Hampton and Com-
pany, Inc.; and
WB'EREAS, the City Council of
the City of Dubuque has from time
to time ,granted R. Hampton and
Company, Inc., at their request,
exteusions of time to dates cer-
tain in which to commence con-
struction of the improvements up-
on the said parcel of real estate;
and'
WHEREAS, R. Hampton and
Compauy, Inc. has been m\åble to
secure the required commitment
for fiuancing the construction of
the improvements upon the said
parcel of real estate; and
WHEREAS, it is deemed to be
in the best interest of the Down-
town Urban Renewal Project, Iowa
R-15, and the City of Dubuque to
grant R. Hampton and Company,
Inc. a further extension of time
in which to commence and com-
pie!e construction of the required
improvements; now therefore
BE IT RESOLVED BY THE
COUNCIL OF THE OlTY OF DU-
BUQUE, IOWA:
SECTI0N 1. That the time in
which R. Hampton and Company,
Inc. is to commence construction
of the required improvements up-
on Block 14 in Dubuque Downtown
Plaza be and the same is hereby
extended to June 9, 1975, and the
time in which the said improve-
ments are to he completed shall
be eighteen months from said date.
SECTION 2. That all other
terms, conditions and provisions of
the Contract for Sale of Land for
Private Redevelopment dated Sep-
tember 4, 1973, shall remain in
full force and effect.
Passed,adopted and approved
this 10th day of March, 1975.
Alvin E. Lundh
Emil Stackis
Allan T. Thoms
Councilmen.
Manager. Seconded hy Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Petition of Janlin Plastic Co. by
Robert Bertsch, Attorney, request.
ing the removal of certain condi-
tions in resolution and deed rela-
tive to their property known as
Lot 2 of Block 8 iu River Front
Sub. No.3 as to number of per-
sons employed and warehousing
purposes, presented and read.
Councilman Thoms moved that the
petition be referred to the Mayor's
Industrial Committee and City Sol-
icitor for consideration and report.
Seconded by Mayor Justmann. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
A resoiution authorizing an ex-
tension of time in which R. Hamp-
ton and Company Inc. is to com-
mence construction on certain land
in the Downtown Urban Renewal
Project, Iowa R-15 was presented
for consideration.
Councilman Brady moved that
the extension be denied and the
City Solicitor take steps to reclaim
the land. Seconded by 'Mayor Just-
mann. Vote on the motion was as
follows:
Yeas - Mayor Justmann, Coun-
man Brady.
Nays - Councilmen Lundh,
Stackis, Thoms.
MOl'ION FAILED.
RESOI.UTION NO. 55.75
AUTHORIZING AN EXTENSlON
OF TIME IN WHlliCH R. HAMP-
TON AND COMPANY, INC. 18 TO'
COMMENCE OONSTRUCTION ON
CERTAIN LAND IN THE DOWN-
TOWN URBAN RENEWAL PRO'J-
ECT, IOWA R-15
WHEREAS, under date of Sep-
tember 4, 1973, the City of Du-
buque and R. Hampton and Com.
pany, Inc. entered into a Contract
for Sale of Land for Private Re-
development covering Block 14 in
Dubuque Downtown Plaza; and
WHEREAS, the said' Contract
provided that construction was to
commence within six months from
November ll, 1973, the date of
delivery of the deed to said parcel
March 6, 1975
Honórable Mayor and
Members of the City Council
Ordinance Number 66-70, re-
quires that the City Manager an-
nually prepare a delinquent ,list of
Garbage and Refuse Collection ac-
counts and prepare a resolution
assessing the delinquent charges
to the properties involved.
Said resolution is submitted
herewith.
Sub. (2063 & 20ß.5 Keyway
Drive) $84,00
Lot 7 & Lot 2 of Lot 6, Blk
'14A, Key Knolls Sub. (2093
& 2095 Keyway Drive) $84.00
Passed, adopted and approved
this 10 day of March 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
GilbertD. Chavenelle
City Manager
Councilman Thoms moved that
the communication be received
and filed. Seconded by Coun'cilman
Stackis. Carried by the folloWing
vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis,
Thoms.
Nays-None.
RESOI.UTION NO. 56.75
AUTHORIZING THE CITY MAN-
AGER TO ASSESS GARBAGE
AND REFUSE COLLECTION
CHARGES PURSUANT TO SEC-
l'ION 5 OF O'RDINANCE NO. 66-
70 ,
WHEREAS,City Garbage and Ref-
use Collection from residential
premises shall be mandatory,
and
WHEREAS, The City Manager
shall annually prepare a delin-
quent list of persons failing to
pay the monthly charge as re-
quired.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY CO'UN-
CIL O'F THE ClTYOF DUBU-
QUE, IOWA,
That the following del\nquentGar-
bage and Refuse collection charges
be assessed against the following
properties and In the amount so
listed.
Lot 2 of 2& Lot I-Blk 14A
Key Knolls Sub. (2003 &
2005 Keyway Drive) $84.00
Lo.t2of3 & Lot 1 of Lot 2
Blk 14A Key Knolls Sub.
(2013 & 2015 Keyway
Drive) $84.00
Lot 2 of Lot 4 & Lot 1 of Lot
3 Blk 14A, Key Knolls Snb.
(2023 & 2025 Keyway
Drive) $84.00
Lot 1 of Lot 5 & Lot 1 of Lot
4, Blk 14A, KCey Knolls
Sub. (2053 & 2055 Keyway
Drive) $84.00
Lot 1 of Lot 6 & Lot 2 of Lot
5, Blk 14A, Key Knolls
Attest:
Leo F. Frommeit
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
February 28, 1975
Honorable Mayor and
City Council
The Iowa Crime Commission has
made available to us funds to fi-
nance the Police School Liaison
Officer for a second year.
In order for us to be eligible
for these funds, we must sign an
application for grant and also sign
a matching resolution. The grant
provides for $12,764.43 to be furn-
ished by the Iowa Crime Commis-
sion and $3,444.37 to be furnished
by the City of Dubuque in match-
ing funds. The City of Dubuque's
matching funds wiU be a percent-
age of the Youth Commander's
salary.
We would therefore request that
you adopt the matching resolution
which states that the City of Du-
buque will provide $3,444.37 in
matching funds. We would also re-
quest that you would authorize
the Mayor to sign the application
and related certifications for the
grant.
Attest:
Leo F. Frommelt
City Clerk
Councilman Lundh moved a
three month extension and the
resolution adopted. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas -Councilmen Lundh,
Stackis, Thoms.
Nays -Mayor Justmann, Coun-
cilman Brady.
Francia A. Murray
Assistant City Manager
Councilman Stackis moved that
the communication he received
and filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, S:ackis,
Thoms.
Nays - None.
106
Special Session, March 10, 1975
MATCHING RESOI.UTlON
NO. 57-75
Whereas the City of Dubuque,
Iowa, by resolution duly passed
heretofore, has resolved' that it
will provide during, the' calendar
year of 1975-7!1 cash fUnds for the
Iollowing Iowa Crime Commission
projects:
Brief Description of Project:
Police/School Liaison Officer Pro-
gram. Amount of Funds Being
Provided $3,444.37
Passed this 10th day of March,
1975.
C. Robert Justmann
Alvin E. Lundh
Emil Stackis
James E. BradY
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt,
City Clerk
Councilman Stackis moved adop- I
tion of the resolution. Seconded by ,
Councilman Thoms. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis.
Thoms.
Nays - None.
RESOI.UTION NO. 58.75
w~EAS, the City of Dubuque,
Iowa has heretofore operated and
maintained jail facilities in the
City Hall in the City of Dubuque,
Iowa requiring the services of
"Police Matrons"; and
WHEREAS, the City of Dubuque,
Iowa no longer operates a jail
facility in the City Hall but that
any and all jail facilities are
located and operated in the new
County-City Law Enforcement Cen-
ter which has beenerecled and
constructed for such purpose; and
WHEREAS, there is no longer
any need for the employment of
Police Matrons by the City of Du-
buque. Iowa, and the public inter-
ests requires that the office of
Police Matron in and for the City
of Dubuque, Iowa be and the same
is hereby abolished and any and
all employees within such category
and/or classification should be re-
moved therefrom; and
WHEREAS, the abolishment of
the office of "Police Matron" and
the removal of such employees
from such classification is done in
good faith and in the service of
the public interest;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF 'DIiE Cl:TY OF DUBUQUE,
row A:
Section 1. That by virtue and
pursuant to and in accordance with
Section 365.28 of the 1973 Code of
Iowa, that the office of Police
Matron in and for ,the City of'Du-
buque, Iowa he and the same is
hereby abolished and ,any and all
employees in said classification or
grade, be and the same are hereby
removed therefrom.
Section 2. That the abolishment
of said office and removal of em-
ployees therefrom by the City of
Dubuque, Iowa is done in the serv-
ice of the public interest and in
good faith and in accordance with
and pursuant to Seltion 365.28 of
the 1973 Code of Iowa.
Section 3. That the City Clerk
be and he is herehy directed and
ordered to transmit forthwith a
certified copy of this Resolution
to the Civil Service Commission
of the City of Dubuque, Iowa.
Passed, approved and adopted
this 10th day of March, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Seconded by
Mayor Justmanu. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
RESOI.UTION NO. 59.75
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Counc!l 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.
Richard B. Winsor, Bunker Hill
Municipal Go,lf Course, Bunker
Hill Road
Special Session, March 10, 1975
- Passed, adopted and approved
tbis 10th day of March 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Seconded ,by
Councilman 'Stackis. Carried by
the followil1g vote:
Yeas ~ Mayor Jnstmann, Conn-
cilmen Lundh, Stackis, Thoms.
N:ays-£ouncilman Brady.
RESOI.UTION NO. 60.75
WHEREAS, applications for
Beer Permits were filed by the
",ithin named applicants and they
have received the approval of this
Council; and
WHEI\1!;AS, the premises to ,he
occupied by such applicants were
inspected and found tD comply
with the Ordinances of this City
and they have filed proper ,bonds;
NOW THEREFORE BE IT iltE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager 'he authorized to
cause to be issued to the folIow.
ing named applicants a Beer Per.
mit.
CI.ASS "B" BEER PERMIT
Richard B. Winsor, Bunker Hill
Municipal Golf Course, Bunker
Hill Road
<Passed,adopted and approved
this 10th day of March 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman, Thoms moved adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the folIowing vote:
Yeas - Mayor Justmann, Coun.
cilmen Lundh, Stackis, Thoms.
Nays--Councilman Brady.
RESOI.UTION NO. 61-75
BE IT RESOLVED by the City
Council of the, City of Dubuque,
Iowa, that the folIowing 'having
complied with the provisions of
law relating to the sale of Ciga-
reHes within the City of Dubuque,
Iowa, be granted a permit to selI
Cigarettes and Cigarette Papers
within said City.
Ted Bartmann and David HOffman,
Amusement Center, 1700 Cen-
tral Avenue
Passed, adopted and approved
this 10th day of March 1975.
C. Robert JUstmann
Mayor
Alvin E. Lundh
Emil Stacki.
Jame. E. Brady
Allan T. Thoms
CouncIlmen
kUest:
Leo F. Frommelt
City Clerk
COuncilman Thoms movedadop.
tion of the resolution. Seconded
by Councilman Stackis. Carried ,by
the following vote:
Yeas - Mayor Justmann,Coun-
cilmen Brady, Lundh, Stackis,
Thoms:
Nays-None.
RESOLUTION NO. 62-75
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have heen examined;
NOWT:HEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and ,permit. issued upon
the compliance with the terms of
the Ordinance. of the City.
CI.ASS "c" BEER PERMIT
William J"hn White, Hillcrest
I.G.A. F"odliner, 1993 As'bury
Road
WilWo-lnc., Oky Doky #10, 805
West 5th Street
Passed, adopted and approved
this 10th day of March 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Tho/n$
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion o.f the resolution. Seconded
by Councilman Stackis. Carried ,by
the following vote:
Yeas-Mayor Justmann,Council-
men Brady, Lundh, Stackis, Thoms.
NaYS---Mone.
107
- ---
--'~
108
Special Session, March 10, 1975
RESOI.UTION "NO. 63.75
WHEJREAS; applicationS for
Beer Permits were filed by the
within named applicants and they
há\fe received the approval of this
Council; and
WHEREAS, the premises to be
occupied by such applicants were
Inspected and fo\lnd 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 [)ubuque, 10wa, that
the Manager' beJauthorized to
cause to""be:"issued to the follow-
ing named applicants a Beer Per-
mil. 7,
"CI.ASS "C" BEER PERMIT
WiUiam.J¡'hn W\1ite, ' , UUicrest
, lP,A.' Foodliner;"1993 Asb\lry
Road ' " ."
Wm.Co,Inc., Ok;y 'Doký" #1(1, ßo5
West 5th Strèet" ,
Passed, adopted and" approved
tWs 10th day of March 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
EmilStackis
James E. Brady
Allan T. Thoms
, Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved:ado]J-,
tion of the resolution,Seconded
by Councilman Stackls.Carried
by the following vote: ' -
Yeas-Mayor Justmann, Council'
lDen Brady, Lundh, Stackis, Thoms.
Nays-None.
RESOI.UTION NO. 64.75
WUEREAS, 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 D\lbuqtte, 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.
. (CI.ASS "C" COMMERCIAI.)
BEER AND I.IQUOR I.ICENSE
Carl N. Brant, A & B Tavern, 2600
Central Avenue
Delores B. Elliott, Corner Tap,
2093 Washington Street
Passed, adopted and approved
this 10th day of March 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan'T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
C6unciin¡an:Thoms moved adop-
tionof the resoluûon: Seconded
by councilman Stack;iS. Carried by
the following" vote: " ,
YeaS-Mayor Justmann,Council-
men Brady; Lundh,Stackis, Thoms.
Nays"-'None. "
RESOI.UTION NO. 65.75
WUEt!.EAš, applications for Liq-
nor :LicenRes" were filed by' the
within named applicants and 'they
have received the approval of
this' Coùncil,. and
" WHEREAS, the premises to be
occupied ,by such applicants were
inspected and found to cOmply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED ,by the City Council' of
Dubuque, Iowa; that the Manager
be authorized to cause to be Is-
sued to the following named ap-
plicants it Liquor LicenSe.
CI.ASS "C" (COMMERC'IAL)
'BEER AND I.IQUOR I.ICENSE
Carl N. Brant, A & B Tavern, 2600
CentraÌ Avenue
Delores B. Elliott, Comer Tap,
2093 Washington Street
Passed, adopted and approved
this 10th day of Match 1975.
C. Robert Justmann
Mayor "
AlvinE. Lundh
Emil StacIds
James E. Brady
Allan. T. Thoms
Coüncilmen" "
Attest:
LeoF.,Frommèlt
City Clerk
Councilman Thoms moved ådop.
tionot the resolution. 'Seconded
by' Councilman Stackis. Carried
by the following vote:
Yeis-,Mayor Justmann, Council-
men Bràdy; LuJldh, Stàckis, Thoms.
NayS-Nolie.
Special Session, March 10, 1975
There :be.ing no fUriher business,
Mayor .Just_n moved tj) adjourn
the'meeting to March 24, 1975, at
7,30 o'clock P.M. in the .couneil
Chambers. Seconded ,by Council-
man Brady. Carried by the fallow.
illg vote,:
Yeas - Mayor .Justmann, Coon,
cilmen Brady, Lundh, Stackis,
'11homs.
Nays-None.
Leo F. Frommelt
.city Clerk
Attest:
J09
Special Session, March 17, 1975
CITY COUNCIL ble Grant from the Government.
Elza Adams stated busses stay on
present schedule with the addition
OFFICIAl. of possibly Sunday mornings. Tom
Special Session M h 17 1975 O'Rourk.e .s!,ggested the jitney sys-
, arc, . tem be mIllated
c~:ncll met at 7:30 P.M. (C.D.T.) Councilman Thoms moved that
P sent - Mayor Justmann, the proC}f C}f publication be re-
Councilmen Brady, I.undh, Stackls, ceived and filed. Seconded by
Thoms. City Manager Gilbert D. Councilman Stackis. Carried by
Chavenelle. the following vote:
Mayor Justmann read the call Yea!l--'Mayor Justmann, Couneil-
and stated that service tbereof men Brady, Lundh, Stackis, Thoms.
had been duly made and this Nays-None
meeting is called for the purpose Communication of Dubuque
~EA~~::~~T¿~:SID~R Á~~~f Transit Trustee:B,oard advising of
ECT FOR I'INANCIAI. ASSIST. adopt!on of a polIcy of evaluating
ANCE FROM THE URBAN MASS and Implementing all reasonable
TRANSPORTATION ADMINISTRA. proposals so that Keyline may
TION FOR THE PURCHASE OF serv~ !Jubnque people; so. as to
BuSSES AND EQUIPMENT and maxImIze, tlte total 'be,!e!lIs. of
. " transportation while' nllmmlzing
actIng upon such other ,busIness the total cost, presented and read.
as may proI?erlY comebeiore a Collncilman Thoms moved that
regular meetIng of the Council. the communication be received
. Mayor Justmann. read ~nd and'filè'd. Seci>ndell by Maýör Just-
~Igned a proclamatIon, proclaIm- mann Carried by the following
mg the, week o~, March ~6th thru vote:'
23rd, 1975, ~s Internallonal De- YeaiJ.C.'iMayorJustniann, Coullcil.
Malay Week. men Brady, Lundh, Stackis, Thoms.
Mayor Justmann presented Ar- NaY!l--'None.
turo Delmoni, recipient of the '
John Deere and Duhuque Arts RESOLUTION NO. 66-75
Council Award as violinist In resi- Resolution Authorizing the City
dence. of, Dubuq...., Iowa to Finance
ProC}f of Publication certified Their Share of the, Mass Trans-
to by .the publisher, ot" Notice of portalion Capital Improvement
Public Hearing to consider a proj- Grant From Transit System
ect for financial assistance SOUght Funds.
from the Urban Mass Transporta- ' WHEREA:S; the Secr,,\ary of
tion administration, presented and TransportatIOn is authorl~ed to
read. Councilman Lundh moved to lI;'ake gr!,nts for mass transporta-
suspend the rules to let anyC}ne lion projects; and
present address the Council if they WHEREAS, the City of Du-
80 desire. Second by Councilman buque, Iowa has 'heretofore adopt-
Stackis. Carried by the following ed Resolution No. 284-74 author-
vote: izing the filing of an application
Yeas-Mayor Justmann, Council. with the Department of Transpor-
men Brady, Lundh, Stackis, Thoms. tation, United States of America,
Nays-None. for a grant under the Urban Mass
George Deininger, Chairman of Transportation Act of 1964, as
Transit Trustee Board, Chester amended; and
Solomon and Doris Riekena, mem- WHEREAS, the contract for fi.
bers of the Board, addressed the nancial assistance will impose cer-
Council requesting replacing of tain nbllgations upon the appli-
busses; 'J:1 are now obsolete. They cant, including the provision by it
would like to start with 3 mini- of the local share of projects
busses with a maximum of '5 mini- costs; and
busses (carrying 25 passengers). WHEREAS, a public hearing
Harold Langman, present bus was held on the 17th day of
driver for 25 years, addressed the March, 1975 at 7:3(¡ o'clock p.m.,
Council opposing, mini-busses. Central Daylight TIme, in the City
Charles Long, President of Bus Conncil Chambers, City Hall, City
Drivers Union, requested a possi- of DWbuque, Iowa.
110
Special Session, March 17, 1975
111
NOW, THEREFORE, BE IT RE-
SOLVED ,by the City Council of
the City of Dubuque, Iowa:
Section 1. That the Chairman
of the Dubuque Transit Authority
executed and filed an application
on behalf of the City of Dubuque
with the U. S. Department of
Transportation to aid in financing
of a grant under ,the Urban Mass
Transportation Act of 1964.
Section 2. That the Chairman
of the Dubuque Transit Authority
has exeéuted and filed with such
application necessary documents
as required by the U. S. Depart.
ment of Transportation effectuat-
ing the purposes of Title VI of the
Civil Rights Act of 1964. ,~
Section 3. That a public hearing
was ,held on the ~ 17th' day of
March, 1975 at 7:30 o'clock p.m.,
Central Daylight Time, in the City
Council Chambers, City Hall, City
of Dubuque, Iowa and that any and
all written objections thereto and
any and all oral protests and ob-
jections thereto be and the same
are hereby overruled.
Section 4. That the financing of
the local share of the total cost
of the capital improvements grant,
Project Number 1.03-0017 by the
City of Dubuque be and the same
is hereby approved, authorized
and directed.
Passed, approved and adopted
this 17th day of March, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman, Thoms moved adop-
tion of the resolution. Seconded
by Councilman Staclds. Carriè'd ,by
the following vote:
Yeas-Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
COUNCIl. RECESSED AT 9:05 P.M.
RECONVENED AT 9:15 P.M.
Communication of Ruth Baum-
. gartner objecting to the raise in
Cable TV rates, presented and
read. .councilman Stackis moved
that the communication he re-
ferred to the City Manager. Sec-
onded ,by Councilman Thoms. Car-
ried by the following vote:
Yeas -Mayor Justmann, Coun-
cilmen Lundh, Stackis, Thoms.
Nays-None.
Absent-Councilman Brady.
Communication of Dubuque Air.
port Commission submitting min.
utes of their meeting of March 6,
1975, presented and read. Council-
man Stackis moved that the min-
utes be received and filed. Second-
ed by Mayor Justmann. Carried by
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Lundh, Stackis, Thoms.
Nays-None.
Absent-Councilman Brady.
Communication of Councilman
Lundh requesting consideration
for a combined park & recreation
system; ALSO' Mayor Justmann call-
ing for a "vote for the record" to
determine Council sentiment on a
propoSed merger of Park Board &
Recreation Department, presented
and read. Councilman Stackis
moved to refer the Communica-
tion to Park Board, Recreation
Commission and Advisory Commis.
sian to study feasibility of com-
bining the departments. Seconded
by Mayor Justmann. Carried ,by
the following vote:
Yeas-IMayor Justmann, Council.
men Brady, Lundh, Stackis, Thoms.
Nays-None.
Proof of Publication, certified to
by the Publisher, of List of Claims;
also list of receipts & expendi-
turea for January, 1975, presented
and read. Councilman Thoms
moved the proof 'of publication ,he
received and filed. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis,
Thoms.
Nays-None.
Communication of Department
of the Army Corps of Engineers,
submitting a public nC}tice of chan-
nel maintenance dredging upper
Mississippi River from Guttenberg,
la., to Saverton, Mo., presented and
read. Councilman Thoms moved
that the communication be re-
ceived and filed. Seconded by Ma-
yor Justmann. Carried by the fol-
lowing vote:
Yeas-Mayor Justmann, Council-
men Brady, Lundh, Stackia, Thoms.
NaY8-None.
112
Special Session, March 17, 1005
Communication of TIlinois De.
partmenJ¡ of Transportafion sub.
milling a" ,series of discussion of
proposed"inputs between their of.
fice and Division of Air Pollution
Controil"f the Illinois Environmen-
1:1>1 Protection Agency, presented
and read. Mayor Justmann moved
that the c"mmumcation 'be re'
ceived and filed. Seconded by
Councilman Lundh. Carried by the
foUowing vote:
Yeas;-May<>r JustmlUl1ß, Council-
men Brady, Lundh, Stackls, Thoms.
Nays-None.
Communication of Playgratmd &
Recreation Commission submitting
their 1974 Annual Report, present-
ed and, read. Mayor Justmann
moved thllt the report be received
and ,filed, Sec"nded ,by Councilman
Lundb. Carried by the following
vote: '
Yeas-'Msyor Justmann, C"uncil.
men Brady" Lundh, Stackis, Thoms.
Nays-None.
Communication of Scott Lux of
University of Dubuque, encourag-
ing the stockpiling "f snow by the
City bef"re the thaw, in the hope
of, diminishing the strength of
floods, presented and read. Mayor
Justmann moved that the commu.
nicationbe referred to the Coun-
cn. Seconded ,by Councilman
Lundb. Carried by the following
vote:
Yeas-Mayor Justmanll, Council-
¡nen Brady; Lundh, Stac1ds, Thoms.
Nays-None.
Communication of Mrs. Leo
Schnstersuggesting enforcement
of the litter laws; slap a fine on
loose dogs; reference to destruc-
tion of ,Elks Building; Franklin
School be used for apartments for
the elderly; delighted in the' re-
juvenation of Cleveland & Madi-
son Parks, ,presented andtead.
Mayor Justmann m<>ved that the
C<>l1lffiunication be received and
filed. Seconded by Councilman
Lundl>. Carried by ,the following
vote: '
Yea~Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
C<>mmunicatill>n of Youth Ser-
vices, 'Board of Directors submit"
ting minutes <>f their meeting of
February Z5, 1975, presented and
read. Mayor Justmann moved that
the minntes be received and filed.
Seconded by Councilman Lundh.
Carried 'by tile foilowing vote:
Yeas_ayor Jastmaan, Counci1-
men Brady, Lundh, Stackis,'l'homs.
Nays-None.
Mareh 14, 1975
HII>norable May<>r and Menlbers
of the City Council
I hereby submit the City of',D...
baque, Iowa Water Department
Audit Report ending December
31, 1974.
Gilbert D. Chavene!le
City Manager
Mayor Justmann moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by, the following
vote:
Yeas-Mayor Just11'ann, Council-
men Brady, Lundh,.sIac¡qs, Thoms.
Nays-None. '
Counc!hnan 'l!rady ,moved that
the verbal report of th& City Man-
ager with reference to Laras Col-
lege Fireworks request be receiv~d
and referericeto request fireworks
policy be' applicable to this request
and all othér requests that follow.
Seconded by CoUncilman Stacki..
Carried by the foll<>wing vote:
Yeas -' Councilmen Brady,
Lundh,
Nays
oilman
, 'r Justmann, Coun.
,ms. '
Mareh14, 1975
Honorable ¥ayor and 'pity Council
At yol\r¡neel;ing on February
10, yo\> referred to the Planning
and Zoning Commission and the
City Manager the petition of the
Fischer Companies for the vaca-
tion of a section of Tower Street
to determine whether or not the
street had' been vacated and, if
not, to arrange pròper proceedings
for the vacation. Subsequent to
this petition a section of alley at
the location was also found not
to bE> vacated."Thè petitioners
were informed an,d' througlt their
letter' of March 4th" tliey request
both the vacation' '<if Tower Street
and alley.
l' am enclosing a: ,eopyof a let.
tor from Mr. White which indi-
cates that the street and alley
have not ;been preViously vacated.
I recommend that the street
and a1ley aot be vaate,d until the
effects of the use of the land on
the surrounding area can be de-
termined.
Furtber, I wou'ld"Saggest that
tbe petitioner make IIn offer for
Special Session, March 17, 1975
113
the payment of the land if the
street and alley are vacated.
Gilbert D. Chavenelle
City Manager
Claude March, on behalf of
Fischer Companies, addressed the
Coun,cil in reference f:¡) the com-
munication of the 'City Manager.
Mayor Justmann moved that the
communication be referred to the
City Manager, Dock Commission
and Council. Seconded by Council.
man Thoms. Carried by the follow-
ing vote:
¥eaa"-"Mayor Justmann, Council-
men Brady, Lundb, Stackis, Thoms.
Nays-None.
Notice of Claim of Lucille A.
Suess, in an nndetermined amount,
for personal iajurles received in
a fall on an ice covered sidewalk
at Laras & Alta Vista Sts. on Feb-
ruary 28, 1975, ,presented and read. I
Councilman Lundh moved that the
notice of claim be referred to the
City Solicitor for proper proceed-
ings. Seconded 'by Mayor Just-
mann. Carried by the following
vote:
Yeas"-"May<>r Justmaan, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
Notice of Claim of Mary M.
Spielman, in an undetermined
amount, for personal injurles in-
curred as the result of a fall on
an ice covered sidewalk at 131 N.
Grandview Ave. on March 5, 1975,
presented and read. Councilman
Lundh moved that the notice of
claim be referred to the City So-
licitor for proper proceedings. Sec-
ondedby Mayor Justmann. Car-
ried by the fallowing vote:
Y.as-Mayor Justmann, Council.
men Brady, Lundb, Stackis, Thoms.
Nays-Nolle.
Notice of Claim for labor and
material, in the amount of
$51,756.i!8,by Giese Sheet Metal
Co. furnished on the Waste Water
Treatment Plant to Goerdt Cou-
struction Company, presented and
read. Councilman Lundh moved
that the notice of claim be re-
ferred to the City Solicitor for
proper proceedings. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen ,Brady, Lundh, Stackis,
Thoms.
Nays-None.
Notice of Snit of George R. Ditt-
mar vs. William Fessler, Michael
Sand, Harold Br<>wn, James Dra-
peanand the City of Dnbuque, in
the amount of $75,000, as the re-
sult of 'b<>dily injuries Incurred
during the process of arrcst on
March 9, 1975, presented and read.
Councilman Lundb moved that
the notice of suit be referred to
the City Solicitor for proper pro.
ceedings. Seconded by Mayor Just.
mann. Carried by the following
vote:
Yeas - Mayor Jl1stmaan, Coun"
cilmen Brady, Lundh, Stackis,
Thoms.
Nays-N<>ne.
M<>tion by Mayor Justmann re.
questing to issue warrants for the
arrest of parking violators who
have 8 or more unpaid parking
tickets outstanding was With-
drawn.
Petition of Cheri Roth et al (42
letters), teenagers from Holy Trin-
Ity School, requesting a girl's cen-
ter such as G.A.I.N., presented and
read. Councilman Thoms moved
that the petition 'be referred to
the Department of Community De-
velopment. Seconded by Councij.
man Stackis. Carried by the fol-
iowiug vote:
Yeas-Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
Petition of Dubuque Area Legal
Services Agency to discuss a prc¡..
posal for Løgal Services, present-
ed and read. James Reynolds ad.
dressed the Council stating the
Agency is down to 90 day funding
and requesting financial assist.
ance be given them by the City.
May"r Justmann moved that the
petition 'be referred to the City
Manager and Council. Seconded by
Couaeilman Staekis. Carrjedby the
following vole:
Yeas-Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
Petition of Dubuque Lumber
Co. requesting transfer of title to
a portioa of Front Street abutting
Lots 18, 19 and 20 not needed for
fJoodwall, tohuiJd a warehouse,
presented and read. Councilman
Stackis moved that the pet!fion be
referred to the City Manager, En.
gineerin!! Department and Dock
Commission. Seconded by Counci1-
114
Special Session, March 17, 1975
man Thoms. Carried by the fol-
lowing vote:
Yeas~Mayor Justmanu, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
Petition of John J. Stecher re-
questing natural gas service to a
home at 1676 Marmora Street,pre-
sented and read. Councilman
Stackis moved that the petition be
received and filed. Seconded by
Councilman Thoms. Carried ,by the
following vote:
Yeas-Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-'None.
Petition of Mrs. Adele Fens re-
questing a refund of $25, on the
unexpired portion of Cigarette Li-
cense No. 453, as she discontinued
business on March 6, 1975, pre-
sented and read. Councilman
Thoms moved that the refund be
approved and the City Auditor di-
rected to .issue proper warrant.
Seconded 'by Councilman Lundb.
Carried by the following vote:
YeM-Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
March 12, 1975
IÍonora'ble 'Mayor and
City Council
You will recall that on the 3-1st
day of October, 1974, Sheriff's
Jury made return in the Eminent
Domain Proceedings instituted by
the City of Dubuqne against
Gantz Enterprises, copy of whicb
petition is hereto attached.
Thereafter, Gantz Enterprises, a
partnership composed of John
Gantz, John J. Gantz, Jr., James
P. Gantz, Charles J. Gantz, and
Mary Spensley, filed appeal in the
District Court of Dubuque County,
Iowa, which has been pending
since the 27th day of November,
1974.
That on the 12th day of March,
1975, Gaotz Enterprises and each
of the partners thereto filed Dis-
missal of Appeal with Prejudice at
their costs and the costs have
been paid.
This finally completes the ac-
quisition of the landfill area.
R. N. Russo
City Attorney
Mayor Justmann moved that the
communication be received and
filed. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas-Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
RESOI.UTION N:O. 67-75
WHEREAS, Gantz Enterprises,
a partnership composed-of John J.
Gantz, John J. Gantz, Jr., James
P. Gantz, Charles J. Gantz and
Mary Spensley, have executed a
Warranty Deed conveying to the
City of Dubuque, Iowa, the follow-
ing described real estate:
The North East '14 of the South
East '/4 of Section 1 Township
88 North, Range 1 East of the
5th P.M., in Vernon Township,
Dubuque County, Iowa, accord-
ing to Government Survey,
containing forty (40) acres, said
Deed being dated the 12th day of
March, 1975; and
WHEREAS, the City of Dubuque
has paid the sum of $30,000.00
therefor; and
WHEREAS, said real estate is
acquired for landfill purposes.
NOW THEREFORE BE ITRE-
SOLVED 'by the City Council, City
of Dubuque, Iowa:
Section 1: That the delivery of
Warranty Deed dated March 12,
1975 by John J. Gantz, John J.
Gantz, Jr., James P. Gantz, Charles
J. Gantz and Mary Spensley, as a
partnership under the name of
Gantz Enterprises 'be and the same
is hereby accepted.
Section 2: The City Clerk be
and he is hereby directed and au-
thorized to cause said Warranty
Deed to be filed of record in the
office of the >Recorder in and for
Dubuque County, Iowa.
Section 3: That the City Clerk
be and he is ,hereby directed to
transmit a certified copy of this
Resolution to the Dubuque Coun-
ty Assessor and to the City As-
sessor.
Passed, adopted and approved
this 17th day of March, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundb
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Justmann moved adop.
tion of the resolution. Seconded
I
Special Session, March 17, 1975
115
by Councilman Thoms. Carried by
the following vote:
Yeas~Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
March 13, 1975
Honora'ble Mayor and
City Council
This is to advise that Mr. Jo-
seph Zwack, my assistant City At-
torney, has resigned effective
March 15, 1975 hy reason of the
demands of his private practice.
I recommend to your Honorable
Body that Barry A. Lindahl, at-
torney at law, be appointed as As-
sistant City Attorney, commencing
Angust 1, 1975.
Mr. Lindahl is ,presently an in-
structor of law at the University
of Iowa and has established an en-
viable record for himself. A'res-
ume is attached hereto.
I herewith respectfully ask your
Honorable Body to appoint ,Barry
A. Lindahl assistant City Attor-
ney commencing August ,1, 1975
and appropriate Resolution is
hereto attached.
R. N. Russo
City Attorney
Councilman Lundh moved that
the communication be received
and filed and recommendation be
approved. Seconded by Council.
man Thoms. Carried by the fol-
lowing vote:
Yeas'C""Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
RESOI.UTION NO. 68-75
WHEREAS, Joseph P. Zwack
has heretofore been appointed As-
sistant City Attorney; and
'WHEREAS, the said Joseph P.
Zwack has tendered his resigna-
tion effective the 15th day of
March, 1975, ,by reason of the
press of his private business af-
fairs; and
WHEREAS, Barry A. Lindahl
has applied for the position of
Assistant City Attorney through
the City Attorney.
NOW THEREFORE BE IT RiE-
SOLVED by the City Council, City
of Dubuque, 10wa:
Section 1: That the resignation
of Joseph P. Zwack as Assistant
City Attorney be and the same is
hereby a, C, cepted e ffectiv,,' e the 15th I'
day of March, 1975.
Section 2: That Barry A. Lin-
dahl, Attorney-at-Law, be and he
is herehy appointed Assistant City
Attorney, for the City of Dubuque,
Iowa, commencing the first day of
August, 1975, at an annual salary
of $7,368.00.
Passed, ,approved and adopted
this 17th day of March, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo' F. Frommelt
City Clerk
Councilman Lundh moved adop-
tion of the resolution. Seconded
by Councilman Thoms. Carried 'by
the following vote:
YeaB--'Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
RESOI.UTION NO. 69-75
WHEREAS, applications, for
Beer Permits have been submitted
to this Council for approval and
the same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be
granted and permits issued upon
the compliance with the terms of
the Ordinances of the City.
CI.ASS "B" BEER PERMIT
Lawrence E. and Ethel M.
Schwartz, 500 Rhomberg Avenue
CI.ASS "c" BEER PERMIT
Earl Edmund Schumacher, Oky
Doky Food #5, 2204 Central
Avenue
Passed, adopted and approved
this 17th day of March 1975.
C. Robert Justmann
Mayor
AlvinE. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Secouded by
Councilman Stackis. Carried by
the following vote:
Yeas-Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-jl/one,
116
Special Sagsion, March 17, 1975
RESOLUTION NO. 70.75
WHEREAS, applications for
Beer Permits were filed by the
within named applicants and they
have received the approval of thiS
Coun.u; and
WHER];:AS, the premiseS to be
occllpled by such applicants were
inspected and found to comply
with the Ordinances of this City
and they bave flied proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Ðwbuque, Iowa, that
the Manager be authorized ,to
cause to 'be issued to tM following
named applicants a Beer Permit.
CLASS "B" BEER PERMit
Lawrence E. & Ethel M. Schwar!2,
500 Rhomberg Avenwe
CLASS "C"BEER PERMIT
Earl Edmund Schllmacher, Oky
ÙOky Foods #5, 2204 Central
Avenue
Passed, adopted and approved
this 17th day 'of March 1975.
C. Robert JlIstmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leu F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of tlte l'e1!olution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas-Mayor Justmann" Council-
meR Brady, Lundh, Stack!., Thoms.
N"ys-None.
RESOI.UTION NO. 71'75
WHIIJREM, IIppliMtions for
Liquor LIcenses have bee¡ sub.
rnlttetl II! this OOnncil for approval
and the samehllv,e been examined,
NOW 'WERiEFORE BE IT RE-
SOLVED by the 'City Council of
the Oily Gf Dlibuque, Iowa, that
the foUowing appliCations be ap-
proved :0.- licen¡¡es issued upon
the compliance with the provisions
of Chapter 131, Acts of The First
Regular Session, 64th General As-
semJJly.
Cl.ASS "C" (COMMERCIAL) BEER
AND 'I.IQUOR LICENSE
Fraternal Ordêr of Eagl<Js '#568,
1175 centæry Drive
Katililee1\ L. Wedig, Kay's 'TåP,
1399 Jackson Street
Alice E~Bchen, Benny's Steak
House (Sunday ,seles), 2817 Uni.
versity Avenue
Passed, adopted and approved
this 17th day of March 1975.
C. Rohert Justmann
Mayor
Alvin E. Lundh
Emil Stackls
James E. Brady
Allan T. Thoms
Councilmen
A.ttest:
,Leo F. Frommelt
CIty Clerk
Councilman Thoms moved adop.
ti"" of the resolution. Seconded
by Councllman Stackis. Carried by
tile following vote: '
Y<!as - Mayor Juslmann, CQun-
cilm<m Brady, Lundh, Stackls,
Thoms.
Nays - None.
RESOLUTION NO. 72-75
WHEREAS, applIcations for Liq-
uot Licenses were filed by the
within namedapplicarits and they
have received the ~pprov'a!' of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to cÖmply
with the State Law and all City
Ordinances relevant thereto and
they have filed prúper bonds,
NOW THEREF'ORE BE IT RE.
SOLVED by the City Council of
Dubuque, l'Öwa, that the Manager
be authórizéd to liause to' be is-
sued to the f{)lIowing named appli-
cants a Liqunr LIcense.
CI.ASS "C" (COMMERCIAL) BEER
AND LIQUOR. LICENSE
Fraternal Order of Eagles #568,
1175 Century Drive
Kathleen L. Wedig, Kay's Tap,
1399 Jackson Street
Alice Erschen, Benny's Steak
House (Sunday Sales), 2817 Uni-
versity Avenue
Pagsed, adopted and approved
this 17th day of March 1'975.
C.Robert Jus'tmann
MaYor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion 'of the resolution. Seconded hy
Special' Session,
Councilman Stackis. Cârried by the
following vote:
Yeas - Mayor Justmann, Coun-
cilmen' Brady, Lundh, Stackis,
Thoms.
Nays - None.
There being no further business,
Mayor Justmann 'moved to ,ad-
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - ,Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms. ' , ' , " ,
Nays ,¿ None. ,
Leo F.Frommelt
City Clerk
March 17, 1975
117
Approved
ns
AdjournetÌI Special Session, March 24, 1975
CITY COUNCIL
Nays-None.
Petition of Mrs. .Jack plowman
ohj¡ecting to, the, removall>f busses
in the summertime, presented and
read. Councilman Thoms moved
that the petition be received and
filed. Seconclelll ,by Councilman
Brady. Carried by the following
vote:
Yeas -Mayor Justmann, Conn-
cUmen Brady, Lundb, Stackis,
Thoms.
Nays - None.
Petition of Mrs. George Rile. ob-
jecting to thc removalaf busses in
the sltl1>lIIertime, presented and
read. Councilman Thoms moved
that the petition be received and
filed- Seconded by Conncilman
Brady. Carried by the following
vote:
Yeás - Mayor Jus,tmann, Court.
cilmlin Brady, Lundh, Stackis,
Thoms.
Nays-None.
Petition of Moura Collins ob-
jecting to the removal of busses
in the summertime, p"esented and
read. Councilman Thoms moved
tha.t the petition be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Tltoms.
Nays-None.
Petition of Duhuque Homebuild-
ers & Associates objecting to the
proposal to eliminlite tbe addition.
al .building inspector, presented
and read. CouncUman Thoms mov.
ed that the petition be received
and filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays-None.
Petition of Dubuque County Re-
pub Ii can Central Committee
recommending that every effort
possible be exercised to control
city expanding programs to keep
the budget within the current mill.
age rates, presented and read.
Councilman Thoms moved that the
petition be received and filed. Sec-
onded by Councilman Brady. Car-
ried by the following vote:
Yeas -Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
OFFICIAL
Adiourned Special S e SIlo n,
March 24, 1975.
Council met at 7:30 P.M. (C.D.T.)
Present-Mayor Justmann, Coun-
cilmen Brady, I.undh, Stackis,
Thoms. City Manag" Gilbert D.
Channell.,.
Mayor Justmann read the call
and stated that service thereof had
been duly made and this meeting
is AN ADJOURNE,D MEETING OF
THE SPECIAl. MEETING OF
MARCH 10, 1975, FOR THE PUR.
POSE OF CONSIDERING THE
PUBI.IC HEARING ON THE
BUDGET ESTIMATE OF EXPEND.
ITURES FROM JULY 1, 1975 TO
JUNE 30, 1976, and acting upon
such other business as may prop-
perlyCj>tne before ,a regular meet-
ing of the CounCil.
Petition of Dale Wa!brunet al
(160 signers) being opposed to an
increase in property taxes, also the
32% increase fat water, sewage
and refuse pick-up, presented and
read. Councilman Thoms moved
that th¿ petition be received and
filed. Seconded .by Councilman
Brady. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Petition of Dubuque Casket Co.
et iii, objecting to diverters for
tbe Washington Street Neighbor-
bood becaUSe the City already is
facéd with Ii proposed millage in-
crease, presented and read. Coun-
cilman Thoms moved that the peti-
tion be received and filed. Second-
ed by Councilman Brady. Carried
by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
'thoms.
Nliys - None.
Pêtltion of Mrs. Mary L. Macker
objecting to busses 'being taken off
irt the summertime, presented and
rJad. Councilman Thoms moved
that the petition be received and
filed. Seconded by C(¡nncilman
BradY. Carried by the following
voM:
yeas - Mayor Justmann, Coun-
cihri¡'n Brady, Lundh, Stackis,
Thoms.
Adjomned Special Session, March 24, 1975
Gouneiiman Stackis moved t<J
suspend the ""res to let anyone
present address the Council if they
'so desire- Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas - Mayor Jústmann, Ooun-
cilmen Brady, Lundh, Stack!s,
Thoms.
Nays - None.
John Waltz addressed the Coun-
cil al1d snbmitted a petition re-
questing funds for diverters and
traffic lights in the Washingwn
Street Area. Councilman 'Tltoms
moved that the petition be re-
oeived and flied. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas - Maym- Justmann, Coun-
ciilmen ,Brady, Lundh, Stackis,
Thoms.
Nays - Non~.
Vernon Behnke ..ddr...ed 'the
Council recommending $llJO,{)OO.
should be n""d to payoff 'the Ur-
ban Renewal debt. Ruse Marie
Montgomery submitted a petition
with 1703 signatures requesting
funds to establish a girls' recrea.
tion center (GAiN). Councilman
Brady mov'ed that the petition be
received and filed and referred to
the Co m muJtity Development
group. Seconded lIy Councilman
Thoms. C3It'l'jed by the following
vote:
Yeas - May.or ,J"ustmann, Coun-
cilm"" Brady, Lundh, Stackis,
Thoms.
Nay. - None.
ComnmniCatlon ,,¡ Chamber of
Commer>ce was submitted by Har-
vey Schmitt, Vice-President, repre-
sen-ting the chamber's budget rec-
"mmendati"ns, Ooun"ilman ThQms
moved that the commnnicati"n be
received and filed. Seconded by
Co,uncilmM Brady. Carried by the
following vole:
Yeas - Mayur Justmann, Coun-
cilmen ' Brady, LIIndh, Staokis,
Thoms-
Nays - N"n~.
Paul Milbrandt uf Dnbuque
Casket Co. addressed theCooncil
asking Council to consider their
suggestiQßß on .divert.",.
Communication of State Comp-
troller advising that fur certifica-
tions filed afœr 'March 17th., it is
ap>ropriate to attach statement as
to the reason for famng to meet
U9
the de.adlme, presenMd ...<1 read.
Councilman Thoms rnoveci that the
commlluioatioJll be received and
filed. Seconded by Counciiman
Brady. Carried by the foilowing
vote:
Ye"s - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Councilman Luntlhmoved to cut
the Tax Asking by '$225,000. Sec-
onded by Conncilman Stackis. Car-
ded by the following vote:
Yeas - Mayor Justmann, Cpun-
cilmen Brady, Lllndh, 'Stac'k'is,
'Th(¡ms.
Nays - None.
RESOLUTION NO. 73.75
WHEREAS, the CUy Council of
the City of Dubuque, Iowa, caused
to be prepared and published as
provided by la~, the Budget Ex-
Jelrditures for the extended period
July 1, 1975 ,to June 30, 1976, and
the hearing upon said buqget~,ti-
mate was fined for March 10, 1975
.at 7:30 o'clock P.M. .and adjourned
to March 24, 1975 at 7:30 o'clock
P.M. in the Council Chamber at
the City Hail; and
WHEREAS, thi> being the time
.and place for said hearjl1g said
Budget Estimate was taken up for
final consideration by the Council
and all parties ¡" Jnteresthave
been given an opportunity to be
heard for or against said Budget
Estimate.
NOW 1'I'!E:REroRE BE IT RE-
SOLVED ByrnE CITY COUNCIL
OF 11HE CITY OF DUBUQUE;
IOWA:
'rhat the budget estimate "f ex-
l'Oouditures for theert1en4ed perll>d
July 1, 1975 "w June 30, 1916, lIere-
tofore prepared and published be
and tlte same is hereby final1y ad-
opted "nd "pproved, as amended,
and tbeMayor and 'Clerk ,aredi-
recl'Cd t" certify the..",e to tile
County Audit<Jr of Du1>D~u" Coun-
ty, iowa, Iogether with a verified
proaf of p"lIlicatio11 and the ""ace
of hearing npon said Budget Esti-
mate.
BE IT FURTHER RESOLVED,
that tile ta~es ;required to be 001-
lectéd in the extended 1"eri'llll bc
Dud the Slltne >Ire hereby levied in
the amO1!lßts of said Budget Esti-
mate-
120
Adjourned Special Session, March 24, 1975
Adjourned Special Session, March 24, 1975
121
Passed adopted and approved growth..presented and read. Coun-
this 24th'day of March 1975. cilman ,Stackis moved, that the
C. Robert Justmann communication be received and fil-
Mayor 'ed. Seconded by Mayor Justmann.
Alvin E.Lundh Carried by the following vote:
Emil Stackis Yeas - Mayor Justmann, Coun-
James E.Brady ci!men Brady, Lundh, Stackis,
Allan T,Thoms Thoms.
Councilmen I Nays - None.
Attest: March 17 i 1975
Leo, F. Frommelt, I Honorable Mayor,
City. Clerk. and City Council
Counéllman Stackls moved adop- i.. I hereby submit the reports of
Win Of the resolution. Seconded by ; the Finance Director, Treasurer,
Co,unci)nian Lundh. Carried by the 'I Health Dep,artment, Water Super-
following vote: intendent, and a list of claims
, Yeas - Mayor Justmann, Cou,n, , paid, for' the month of February
cilmen Brady, Lundh, Stackls, !1975. '
Thoms. I' Gilbert D. Chavenelle
Nays - None. , City Manager
Communication of Airport Com-: Councilman Stackis moved that
missidn submitting the minutes of : the communication be received
'their, ' ,m,e"e",t, ing, Of, March, 13,' '1975,: I a,nd med,' seco, nde, d by Mayor
presented and read. Co!,ncilman Justmann. Carried by the follow-
stackis moved that the mmutes be ing vote:
reeeived aM filed. Seconded by \ Yeas-'Mayor Justmann, Coun-
councilm,an,,' Lun.d',h',C"arriedbY the , ci)nien,' Br, ady, Lun~h,Stackis,
"folloWing 'vote: ' Thoms.
.. Yeas - Mayor Justmann, Cou.n- Nays - None..
cilinen Brady,' ; Lundb, Stackls,
"Thoms. ' "
, 'Nays - None,
Communication of LOw Rent
Housing 'Commission 'submitting
the minutes of their meeting of
March" 18, 1975, preseuted and
read. Councilman Stackis moved
that the minutes be received and
filed. ' Seèònded, by Council"!an
Lundh. Carried by the followmg
vote: ¡,
Yeas ...c. Mayor Justmann, Cou.n"l
cilmen Brady, Lundh, Stackls,'
Thoms.
Nays - None. ,
- Communication of' Army Corps!
of Engineers advising øf a floo'\
coordination seminar, to be held
, in Rock ,Island on March 27, 1975,
"presented and read. Councilman,
Stackis moved that the communI,
cation be received' and filed.Sec-
onded by Mayor Justmann. Carried
by the following vote;
Yeas '~ Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms., ..
Naya - None.
Communication of Dubuque,
County Democratic Central Com-
mittee ~bmitting a resolution urg-
'ing the,several'municipalities in
Dubuque County to adopt a formal
annexation policy for their futllre
M. P. Kluck & Sons Inc. U.S. Fidel-
ity& Guaranty Co. Bond No.
28214-13-62+53, $1,000 to April
8, 1976.
J. W. Hansen Construction Co.
Midwestern Casualty & 'Surety
Co. Bond No. 29413, $1,000 to
April 27, 1976.
Edward Apel, Midwestern Casualty
& Surety Co. Bond No. 29418
$1,000 to April 29, 1976.
GENERAL LlABJiLITY POLICIES
Higley Meyer Electric Co. & H-M
Distributing Co. Policy No. WC
510565 Workmen's Compo and
policy No. Ga 7'69528 General
Liability to April 15, 1976.
Gilbert D. Chavenelle
City Manager
Councilman Stackis moved that
filing be approved subject to the
approval of the City Solicitor. Sec-
onded by Mayor Justmann. Carried
by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Notice of Claim of Carl D. Eng-
ling, in an undetermined amonnt,
for car' damages incurred as the
result of driving into a hole in
the street at 1300 J.F.K. Road on
March 19, 1975, presented and
read. Mayor Justmann moved that
the notice of claim be referred to
the City Solicitor for proper pro-
ceedings, Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - Nøne.
March 21, 1975
Honorable Mayor
and Councilmen
The City of Dubuque Planning
and Zoning Commission has held a
public hearing on a petition on be-
half of Clinton Federal Savings,
and Loan Association to reclassify
the present Elks' Club property
from Multiple Residence District
to Business District classification.
The property is legally described
as City Lot 623 and City Lot 624 in
the City of Duhuque, Iowa, and oc,
cupythe northwest corner of the
intersection of Seventh ánd Locust
Streets,
You should note by the attáched
sketch that most of the property
on the Elk's Club block is, now
March 17, 1975
Honorable Mayor
and City Council
1 hereby submit the City of Du-
buque Parking Facilities and Mu-
nicipal Sewage Disposal Works and
Facilities audit reports for the
year ending December 31, 1974.
Gilbert D. Chavenelle
City' Manager
Councilman Stackis moved that
the communication be received
and filed. ,Seconded, by Mayor
Justmann. Carried by the follow-
ing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays --None.
March 20, 1975
Honorable Mayor and
Members of the City 'Council
1 have approved the foll()wing
sidewalk construction bond eon-
tinuation certificates and general
Liability policies, and desire to
have your approval on same for
filing. ..
SIDEWALK CONSTRUCTION
BONDS CONTINUATION
CERTIFICATES ..
Heitzman Construction Co. Univer-
sal Surety Co. Bond' No; 932726
$1,000 to April 30, 1976.
used for commercial purposes, al-
though the southerly portion of
that block remains in the Multiple
Residence classification. Properties
on the northerly portion of the
block, and all properties eastward
on Locust Street are now in the
Business District. It is the view of
the Planning and Zoning Commis-
sion that ,the expansion of the
Business District to include the
property described above is ap.
propriateat this time.
The Commission received no oral
or written ohjection to the peti-
tion.
CITY PLkNNING AND
ZONING COMMISSION
Daniel Dittemore
Development Planner
Councilman Thoms moved that
the communication be received and
filed. Seconded -by Councilman
Stackis. Carried -by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
AN ORDINANCE amending and
changing Ordinance No. 3-34,
known as "The Zoning Ordinance
and Zoning Map of the City of
Dubuque, Iowa", so as to change
City Lot 623 and City Lot 624 in
the City of Dubuque, Iowa, from
"Multiple Residence District' Class-
ification to "Business District"
Classification, presented and read.
Councilman Thoms moved that the
reading just had be considered the
first reading of the Ordinance. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Conncilman Thoms moved that
the rule requiring an Ordinance
to be read on three separate' days
be waived. Seconded by Council.
man Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Councilman Thoms moved that a
public hearing be held on the Ord-
inance on April 21, 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 pub-
lish notice of the hearing in the
--
122
Adjourned Special Session, March &4, 1975
manner required by law. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Justmann, Conn-
cilmen Brady, Lundh, Stackis,
'Thoms.
Nays - None.
Petition of Peggy Veteto of Area
Residential Care requesting per.
mission to address the Council on
the subject of Project PACE, pre.
senred and read.
Peggy Veteto, representing
P ACE,addressed the 'Council ex-
plaining the functions of their or.
ganization. Mayor Justmann moved
that the ,petition of Peggy Veteto
be received and filed. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas - Mayor Justmann, Coun-
ciJ.n>en Brady, Lundh, Stackis,
Thoms.
Nays - None.
Petition of Dubuque Sports Un-
limited Inc., requesting permission
to sell Dubuque Packer Fan Club
Cards and buttons in Town Clock
Square on April 12th, presented
and read. Councilman Lundh mov.
ed that the petition be approved
subject to the approval of the City
Manager. Seconded by Council.
man Brady. Carrled by the follow-
ing vote:
Yeas - Mayor ,Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Petition of Dubuque Beautifica-
tiou Committee reqllesting permis-
sion to solicit fllnds, material and
manpower to meet the goals of
"Beautify Dubuque Week" and
"Beautify Dubuque Month", pre-
sented and read.
Harry Neustadt and Bob Day
addressed the C<Juncil Iequesting
the entire months of April and
May be for beautification.
Mayor Justmann moved that
the petition of the Dubuque Beau-
tification Committee be approved
subject to the coordination of the
City Manager. Seconded by Coun-
cilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
R.eSOLUTION NO. 14-75
BE IT RESOLVED by the City
Council of the City of D\\buque,
Iowa, that the following haviug
.complled with the provisions 01
law relating to the sale of Cigar.
.ettes within the City of Dabuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
witlrin said City.
Ronald ,J. Fens, Ron's Barrell Tap,
1121 University Avenue
Passed, adopted and approved
this 24th d1\Y of March 1975.
C. Rûbert Justmann
Mayor
Alvin E. Luudh
Emil Ståckis
James E.Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop.
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas - Mayor Justmann,Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
RESOI.UTION NO. 75.75
WHEREAS, applications for Beer
Permits haveb"'l1 submitted to
this COll11Cil 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
foiliowing applications be granted
and permits issaed upon the com.
piiauce wlth the terms of the Ord-
fiances of the City.
CI.ASS "B" BEER PERMIT
St patri~k's 'J>ari,hCorporation,
SUnday Sales, 1425 luwa Street
CI.ASS "c" BEER PERMIT
Joseph Richard Lenger, Grandview
Drng Co., !lB6 North Grandview
Albert Heinz, OKY DOKY #7, 3301
Pennsylvania Avenue
Pass"d, adopted and approved
this24:th day ,of March 1975.
C. Robert Justmann
Mayor
Mvi" E. Lundb
Emil Stackis
AHan 't. Thmns
Councilmen
Attest: Leu F. FrOtnn1<>¡t
City Clerk
Collncil",an Thoms Inuvred adup-
¡¡on of the J'esolutiolt. 'seconded by
CoumcilmanStackis. {;lJIried il>y
the following vote:
Yeas - Mayor Justmann, Coun-
cilmen Lu"dh, Stackis, Thoms.
Nays - Conncilman Brady.
Adjourned Special Session, March 24, 1975
RESOI.UTION NO. 76-75
WHEREAS, applications for Beer
Permits were filed by the within
named applicants and they have
received the approval of this Coun-
cil; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the Ordinances of this City
and they have filed proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the Manager be authorized to
cause to be issued to the follow-
ing named applicants a Beer Per-
mit.
CI.ASS "B" BEER PERMIT
St. Patricks Parish Corporation,
Sunday Sales, 1425 Iowa Street
CI.ASS "c" BEER PERMIT
Joseph Richard Lenger, Grandview
Drug Co., 486 North Grandview
Avenue
Albert Heinz, Oky Doky #7, 3301
Pennsylvania Avenue
Passed, adopted and approved
this 24th day 01 March 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas - 'Mayor Justmann, Coun-
cilmen Lundh, Stackis, Thoms.
Nays - Councilman Brady.
RESOI.UTlON NO. 77-75
WHEREAS, applications for Liq-
uor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap.
proved and licenses issued upon
the compliance with the provi.
sions of Chapter 131, Acts of the
First Regular Session, 64th General
Assembly-
CI.ASS "c" (COMMERCIAl.) BEER
AND I.IQUOR I.ICENSE
Mary Kathryn Ford, Stop-N-C Tap,
1027 Rhomberg Avenue
193
Pete S. Sfikas, Karigans Restaurant
(Sunday Sales ONLY), 4Œ1 Cen-
tral Avenue
George D. &; Mary L",u Sorensen,
Cardinal Tal', 1105 University
Avenue
Passed,adopted and approved
this 2,4th day of March 1975.
C. Robert Justmann
Mayo!'
AI"in E. "..ndh
Emil Staekis
James IE. Brady
Allan T, Thoms
Councilmen
Atte.t:
LeI) F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of the res.álutioll. Seconded by
Councilman Stackis. Carried by the
following vote:
V... - Mayor Justmann, Co..n.
cilmen Brady, Lundh, Stackis,
Thoms.
N1\Ys - None.
RESOI.UTION NO. 78-75
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 C;¡y Conncll of
Dubuque, Iowa, that the Manager
be authorized to caUse to he is-
sued to the following named ap.-
plicants a LIquor License.
CI.ASS "c" (COMMERCIAl.)
BEE.R AND I.IQUOR I.ICENSE
Mary Kathryn Ford, Stop-N-C Tap,
1027 Rhomberg Avenue
Pete IS. Sfikas, Karigans Restau-
rant (Sunday ,Sales ONLY), 401
Central Avenue
GeoIge D. & Mary Lou Sorensen,
Cardinal Tap, 1105 University
Avenue
Passed, adopted and approved
this 24th day of March 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Ailan T; Thoms
Councilmen
124
Adjourned Special Session, March 24, 1975
Attest:'
Leo F. Frommelt
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas-Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
There being no further business,
Councilman' Lundh moved to ad-
journ. Seconded by, Mayor Just-
mann. Carried by, the following
vote:
Yeas-Mayor Justmahn, Council.
men Brady, Lundh,'Stâckis, Thoms.
Nays-None. '
Leo F. 'Frommelt
City, Clerk:
Approved .......;...........;...............:1975.
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Special Session, MaJ7ch 25, 1975
125
CITY COUNCIL
OFFICIAl.
Special Session, March 25, 1975.
Council met at 7:30 P.M. (C.D.T.)
Present- Mayor Justmann,
Councilmen Brady, I.undh, Stack.
is, Thoms. City Manager Gilbert
D. Cha,ve'lUIlie.
Mayor Justmann,read the call
and stated, that service thereof
had been duty made and this meet-
ing is called for the purpose of
APPROVING A COMMUNITY DE.
VEI.OPMENT B'I.O'CK GRANT AP.
PI.ICATION and acting upon such
other ¡business as may properly
come 'before a regular meeting of
the Council.
Councilman Brady moved to re-
consider the Badget vote of last
evening, March 24, 1975. Seconded
by Mayor Justmann. Vote on mo-
tion was as follows:
Yeas - Mayor Justmann, Coun-
cilman Brady.
Nays - Councilmen Luudh,
Stackis, Thoms.
MOl'lON FAILED.
The Council reviewed a sum.
mary of proposed activities for the
Community Development Block
Grant,' first year 7/76 to 7/77.
Councilman Thoms moved that
the rules be suspended to let any-
one present address the Council
if they so' desire; Seconded by
Mayor Justmann. Carried hy the
following vote:
Yeas-Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays-None.
Mr. Dick Vorwaid and Dick Al-
bert of the North End ,Commun-
ity development group addressed
the Council by questioning the
legality of money allocated to
G.A.I.N. from the standpoint of
discrimination. Rosemarie Mont-
gomery and Rev. Marvin Bries
stated that they are confident that
a good job could be done for
G.A.I.N. Mary Billington and Mrs.
Schiessel stated that they need
a facitity for the 3rd and 4th
street neighborhood. Attorneys
James Reynoids and Paul Kemp-
ter eJOpressed wonderment if we
have a plan and do we know where
we are going. Neighborhood con-
cept plan should 'be really put
together. l'he summary of ..pro-
posed activities for theCommun-
ity Block Grant as submitted was
as follows: Urban Renewal Land
Purchases $50,000; Parking Lot
and entranceway to make Loras
College indoor swimming Facility
available to the, Public $211,000;
G.A.I.N. Personnel $18,000 Rent
etc $12,000, Equipment $5,000 To-
tal $35,000; Neighborhood Devel-
opment - Rehabilitation specialist
$15,000 Loans $40,000, Total
$55,000; Neighborhood Develop-
ment Planner $15,000; Improve-
ment Program $50,000; Assistant
Neighborhood Organizátion Spe-
cialist $4,000: Legal Aide $5,000;
Administration Clerk-Typist $2,000;
Supplies and Services $4,000 for a
grand total of $241,000.
RESOI.UTION NO. 79.75
AUTHORIZING THE FILING OF
AN APPLICA110N FOR A COM-
MUNITY DEVELOPMENT BLOCK
GRANT FOR THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque
is entitled to certain funds under
the Community Development Block
Grant Program authorized under
Titie I of ¡he Housing and Com-
munity Deveiopment Act of 1974;
and
WHEREAS, the regulations gov~
erning the use of such funds re-
quires that an application be sub-
mitted which conforms to criteria
prescribed by the United States
Department of Housing and Urban
Development: and
WHEREAS, such an application
has been prepared and the items
contained therein are in the hest
interests of the City of Dubuque;
now therefore
BE IT RESOLVED BY THE
Crry COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
SECTION 1. That an application
on behalf of the City of Dubuque
for a Community Devetopment
Biock Grant under Title I of the
Housing and Community Develop-
ment Act of 1974 is hereby ap-
proved, and that the Mayor of the
City of Dubuque is hereby author-
ized and directed to execute such
an application for submission to
the United States Department of
Housing and Urban Development.
126
Special Session, March 25, 1975
Passed, adopted and approved
this 25th day of March, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
, Leo F. Frommelt
City Clerk
, CQuucilman Stackis moved adop-
tion,ofthe,resolution. Seconded hy
Council¡t18n Thoms. Carried by the
following vote:
yeas -~ayor Justmann, Coun-
ciln¡en Brsdy, Lundh, Stackis,
Thoms.
Nays -- None.
Councilman Thoms moved to reo
consider the former motion on the
budget. Seconded by Mayor Just-
mann. Carried by the following
vote:
Yeas - Mayor Justmann, Coun-
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Councilman Thoms moved that
the tax asking be reduced by 2
mills-$256,319 as an amplification
of direction to the City Manager
at the Council meeting of March
24, 1975. Seconded by Mayor Just-
mann. Carried by the following
vote:
Yeas - Mayor Justmann, Coun.
III!I
'illi,','!
"':
cilmen Brady, Lundh, Stackis,
Thoms. '
Nays - None.
There being no further busincss
Councilman Brady moved to ad-
journ. Seconded by Councilman
Thoms. Carried by the fol!owing
vote:
Yeas - Mayor Justmann, Coun.
cilmen Brady, Lundh, Stackis,
Thoms.
Nays - None.
Leo F. Frommelt,
City Clerk
Approved .....,..............................1975
Adopted ......................................1975
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