1975 April Council ProceedingsRegular Session, April 7, 1975 127
CITY COUNCIL
OFFICIAL
Regular Session, April 7, 1975.
Council met at 7:30 P.M. (C.D.T.)
Present—Mayor Justmann, Coun-
cilmen Brady, Stackis, Thorns. City
Manager Gilbert D. Chavenelle.
Absent—Councilman Lundh.
Mayor Justmann read the call
and stated that service thereof had
been duly made and this is the
REGULAR .MONTHLY MEETING
of the City Council called for the
purpose of acting upon such busi-
ness as may properly come before
the Meeting.
Communication of Citizens Ad-
visory Commission submitting min-
utes of their meeting of March
25, 1975, presented and read, Coun-
cilman Stackis moved that the
minutes be received and filed.
Seconded by Mayor Justmann. Car-
ried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent—Councilman Lundh.
Communication of Board of Dock
Commissioners submitting the min-
utes of their meetings of February
12, March 12 & March 20, 1975,
presented and read. Councilman
Stackis moved that the minutes be
received and filed. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent—Councilman Lundh.
Communication of Board of Dock
Commissioners submitting letters
from City Engineer giving a resume
of the construction of a grain silo
by Thruput Terminals that the
silos be Ieft empty during periods
of 25' river stage, however they feel
the recommendation is not strin-
gent enough, presented and read.
Mayor Justmann moved that the
City Attorney be instructed to draw
up a resolution holding the City
harmless in the event of failure
of flood wall due to construction
by Thruput and to make them
liable. Seconded by Councilman
Brady. Vote on the Motion was as
follows:
Yeas --Mayor Justmann, Council-
man Brady.
Nays — Councilmen Stackis,
Thorns.
Absent—Councilman Lundh.
Communication of Walter Pregler
recommending beautification of
median strip in Kerper Blvd. as
suggested by Mr. Walter Johnson
of Therm.olyne sometime ago, pre-
sented and read. Mayor Justmann
moved that the communication be
received and filed. Seconded by
Councilman Thorns. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thome.
Nays—None.
Absent—Councilman Lundh.
Communication of Dubuque Hu-
man Rights Commission submitting
minutes of their meeting of March
13, 1975, presented and read. Coun-
cilman Thoms moved that the min-
utes be received and filed. Sec-
onded by Mayor Justmann. Carried
by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent—Councilman Lundh,
Communication of Human Rights
Commission submitting a status
statement on Matt Lorenz relative
to his involvement in Guideline
Inc., presented and read. Council-
man Thorns moved that the com-
munication be received and filed.
Seconded by Mayor Justmann. Car-
ried by the following vote:
Yeas—Mayor Justmann, Council-
man Brady, Stackis, Thome.
Nays—None.
Absent—Councilman Lundh.
Copy of communication of East
Central Intergovernmental Ass'n.
submitted to David O. Meeker Jr.
of HUD relative to problems ema-
nating from distribution of funds
under Title 1 of the Housing &
Community Development Act, pre-
sented and read. Councilman Thoms
moved that the communication be
received and filed. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent ---Councilman Lundh.
Communication of Planning &
Zoning Commission submitting min -
128 Regular Session, April 7, 1975
utes of their meeting of March 19,
1975, presented and read. Council-
man Thorns moved that the minutes
be received and filed. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Mayor Justmann further moved
that the Planning & Zoning staff.
be instructed to indicate the Coun-
cil's wishes as being opposed to
the proposed Tschiggfrie Zoning on
Julien Dubuque Drive. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas—Mayor Justmann,-Council-
men: Brady, Stackis, Thorns.
Nays—None..
Absent—Councilman Lundh.
Communication of Paul, Russo
extending congratulations on mak-
ing the Loras Pool possible' to the
general public, presented and read.
Councilman Stackis moved that
the communication 'be received and
filed. Seconded by Mayor Just -
mann. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Communication of Delos A. Dor-
weiler again submitting his plans
relative to Lot 10 Block 3 of
Mettel Link Addn. on corner of
Kennedy & Carter and requesting
for FHA approval under Title 8
program, presented and read.
Councilman Thoms moved that the
communication be received and
filed. Seconded by Mayor Just -
mann. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Councilman Brady further moved
that Mr. Gent Wittenberg be di-
rected to correspond with Mr. Dor-
weiier advising of no change in
the matter at the present time.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Communication of U.S. Army
Corps of Engineers advising of re-
ceipt of application from John
Deere Dubuque Works to dredge
approx. 70,000 cubic yards material
from their intake and discharge
channels, also to dredge along
shore line of the river which
would provide better access for
boaters and improve wildlife habi-
tat, presented and read. Council-
man Thorns moved that the com-
munication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Communication of U. S. Army
Corps of Engineers submitting . a
flood plan information report for
the Mississippi River which would
be useful in future planning, pre-
sented and read. Councilman
Thorns moved that the communica-
tion be received and filed. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas -Mayor Justmann, Council-
men Brady, Stackis, Thoms,
Nays—None.
Absent—Councilman Lundh.
Communication of Playground &
Recreation Commission submit-
ting minutes of their meeting of
March 10, 1975, presented and
read. Councilman Thoms moved
that the minutes be received and
filed. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Councilman Stackis further mov-
ed that the Playground & Recrea-
tion Commission reconsider the
matter of Women's Recreation
Ass'n. as to the use of softball dia-
monds. Seconded by Mayor Just -
mann. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Communication of Dubuque Coun-
ty Republican Central Committee
urging the merger of the Park
& Recreation Departments, present -
Regular Session, April 7, 1975
ed and read. CouncilmanThoms
moved that the communication be
received and filed and referred
to the Advisory Commission, Park
Board and Recreation Department.
Seconded by Mayor Justmann. Car-
ried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent—Councilman Lundh.
Communication of Department
of Health, Education & Welfare
advising of participation with
HUD in implementation of Housing
& Community Development Act
which provides some funds that
may be used for public services,
such as law enforcement, day care,
health, education and social serv-
ices, however applicant must first
explore whether or not funds are
available through other Federal
agencies, presented and read.
Councilman Thoms moved that the
communication be received and
filed and referred to the City
Manager, Community Development
and Council. Seconded by Mayor
Justmann. Carried by the follow-
ing vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Communication of DOT Federal
Aviation Administration advising
of a proposed heliport for Mercy
Medical Center and inviting in-
teerestedpersons for comments
prior to April 28, 1975, present-
ed and read. Councilman Thoms
moved that the communication be
received and filed and referred to
the City Manager and Council for
reconsideration on April 21, 1975.
Seconded by Mayor Justmann. Car-
ried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Com-munication of City Engineer
White submitting an Intergovern-
mental Agreement for the creation
of the Dubuque Metropolitan Solid
Waste Agency and requesting that
a dateand time for a workshop be
sept onthe issue, presented and
read. Councilman Thoms moved
that the communication be received
and filed and workshop be set for
April 10, 1975 at 7:30 o'clock P.M.
129
Seconded by Councilman Brady.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent—Councilman Lundh.
Honorable Mayor and arch 24, 1975
Members of the City Council
We hereby certify a reserve
second list of ten persons next
highest in standing of Bus Driv-
ers in the City Transit Depart-
ment, The first list of personshas
been exhausted from the Bus
Driver exam conducted on Octo-
ber 9, 1973.
Schmidt, Patrick J. 82%
Kieffer, Donald J.....................80%
Curran, Jerry P.
Headington, Michael J. 80%
Odell, Gary C. 80%
Sullivan, James A.
Evans, Joseph R. 78%
Graves, William F. 78%
Smith, Ross C. . 78%
78%
Gavin, Charles M 76%
Marvin A. Vansickle
Chairman
Sr. Carolyn Farrell
Louis F. Fautsch.
Civil Service Commission
Attest:
Leo F. Frommelt
Clerk
Subscribed and sworn to be-
fore me this 26 day of March 1975.
Z. D. Hantelmatm
Notary Public
Mayor Justmann moved that the
communication be .received and
filed and made a matter of rec-
ord. Seconded by Councilman
Stackis, Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipt and Disbursements and
List of Claims for February, 1975,
presented and read. Mayor Just -
mann moved that the proof of
publication be received and filed.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
130 Regular Session, April 7, 1975
April 3, 1975
Honorable Mayor and
Members of the City Council.
I have approved the sidewalk
bond continuation certificate of
William Spiegel, renewed to. 4-10-
76, Bond No. 08-00121, and de-
sire to have yourapproval of
same,
Gilbert D. ChavenelIe
City Manager
Mayor Justmann moved that the
communication be received and
filed and approved subject to the
approval of the City Solicitor. Sec-
onded by Councilman Stackis. Car-
ried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms,
Nays—None.
Absent—Councilman Lundh.
Communication of Finance Di-
rector submitting 1974 Annual Fi-
nance Report presented and read.
Mayor Justmann moved that the
report be received and filed.
Seconded by Councilman Stack's.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Couneliman Lundh.
Notice of Claim of Richard S.
Fuerst, in the amount of $153.41,
for personal injuries received in
a fall and time loss, on a sidewalk
on Garfield Ave. on February 15,
1975, presented and read. Coun-
cilman Thoms 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—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Notice of Claim of Diane Cook,
in an undetermined amount, for
car damage incurred as the result
of driving into a chuckhole in the
street at J.F.K. Road at the DoNut
Hut on March 19, 1975, present-
ed and read. Councilman Thoms
moved that the notice of claim be
referred to the City Solicitor for
proper proceedings. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms,
Nays—None.
Absent—Councilman Lundh.
Notice of U.S. District Court in
re: A-1 Plumbing Cooling & Heat-
ing Co., Bankruptcy No. B 75-1012,
order for first meeting of credi-
tors and fixing time for filing ob-
jections, presented and read. Coun-
cilman Thoms moved that the no-
tice of U.S. District Court be re-
ferred to the City Solicitor for
proper proceedings. Seconded:. by
Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms,
Nays—None.
Absent—Councilman Lundh.
Notice of Claim of Frederick
Cole, in an undetermined amount,
for personal injuries, received in
a fall on an ice covered sidewalk
at the southeast corner of inter-
section of 13th Street and an alley
west of Jackson Street, on March
4, 1975, presented and read.
Councilman Thoms moved that
the notice of claim be referred to
the City Solicitor for proper pro-
ceedings. Seconded by Mayor Just -
mann. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms,
Nays—None.
Absent—Councilman Lundh.
March 27, 1975
Honorable Mayor and City Council
On October 11, 1974, claim was
filed against the City of Dubuque
by Sheila Konrardy, 1504 Jackson
Street, Dubuque, claiming: she in-
jured her left wrist on October 6,
1974, as the result of a falloc-
curring on said date as the result
of the curb breaking off as she
stepped onto it at or near 1530
Jackson Street.
This matter was referred to the
City Attorney who has made an
investigationthereof and has con-
ferred with the claimant and finds
that she pulled a tendon in said
wrist and claims $575.92 as loss
of wages. Claimant has made an
offer of settlement of said claim
in the amount of. $200.00, and it is
the recommendation of the City
Attorney that said offer of settle-
ment be accepted and the City
Auditor be instructed to draw war-
rant payable to Sheila Konrardy in
the amount of $200.00 and trans-
mit same to the City Attorney for
Regular Session, April 7 1975
delivery upon receipt of duly ex
ecuted releases.
Original claim is returned here-
with.
R. N. Russo
Councilman ThoCity Attorney
hat
the recommendation of settlemovedment
be approved and City Auditor di-
rected to issue proper warrant.
Seconded by Mayor Justmann.
Carried by the following vote:
Yeas --Mayor Justmann, Council-
men Brady, Stackis, Thoms,
Nays—None,
Absent—Councilman Lundh,
hHonorable Mayor a darcC ty2Coun
On February 7, 1975, the D
buque County Board of Superviso
directed a communication to yo
Honorable Body suggesting th
the Dubuque Law Enforceme
Center be turned over to t
County -City Authority who woul
then assume the responsbility fe
the maintenance, upkeep repair
"etc."" of the building, and also b
responsible for the monthly oil
ing to the City and County o
their proportionate shares of ex
penses necessary to facilitate the
above mentioned items.
Thicommunication from the
Boards
of Supervisors was referred
to the City Attorney who has made
an investigation of this matter and
herewith submits his report.
On the 12th day of June, 1972,
the Dubuque County and the City
of Dubuque entered into an agree-
ment which provided that it would
be for a period of twenty-five (25)
years or until it was modified or
abrogated by mutual consent of
the County and City.
That said contract further pro-
vides that no separate legal entity
is. created by said agreement but
that said agreement establishes a
joint -ownership and operation of
the County -City Law Enforcement
Center Building, under and pursu-
ant to Sections 368.18 to 368.23 of
Chapter 388 of the 1971 Code of
Iowa, and that the building would
be administered by the Board of
Supervisors of the County and the
City Council of the City.
Contracrovidesthe
her
operaiont ndtmain enancethat of said t
building shall be by the Board of a
Supervisors and the cost of heat, f
75
ail
u-
rs
ur
at
nt
he
d
s,
e
1-
f
light, water, and repair and jani-
torial services shall be paid for by
the County, who shall bill the City
of Dubuque monthly for its share
of same, and same shall be paid
promptly, and that no repairs or
renovations or changes in the com•
pleted structure shall be made
which costs are in excess of $500.00
without first securing the written
consent of the City Manager of the
City of Dubuque, Iowa.
In examining the respective sta-
tutes, I find no legal authority for
the transfer of the contracted re-
sponsibilities pursuant to statute
to the County -City Authority.
While it is true that the County -
City Authority has broad statutory
powers, those powers are framed
within the definitive provisions of
the statute, to -wit, Sections 368.54
to 368.73, inclusive, the joint effort
of the County -City relating to the
Law Enforcement Center was
undertaken under the provisions of
Section 368.18 to 368.23, inclusive.
It is my opinion that while the
respective. entities may have simi-
lar duties and responsibilities, I
find no legal authority for the
interchangeability of the duties
prescribed by statute relating to
the County and to the City as
being permitted to be assigned
or assignable to the County -City
Authority.
I have communicated with the
bonding attorneys for both the
City and the County and the bond
issue in connection with the Joint
Law Enforcement Center, and they
generally concur with this opinion
to the specific end that they find
no statutory authority which
specifically authorizes the City
and the County to turn over their
tax money to an Authority, which
would be the case in this instance.
I believe that the City Council
should also consider another facet
to this case, and that is the fact
that the agreement between the
City and County was made a mat-
ter of record prior to the election
that was submitted to the elector-
ate, and what repercussions from
the electorate one may invite by
varying from what has been tend-
ered and represented to the oleo -
orate is a matter of speculation
nd yet should be some cause
or concern
131
6P,
132 Regular Session, April 7, 1975
In conclusion therefore, in view
of the fact that I find no statutory
for such a move and in view of
the fact that it is my opinion
that any legal challenge to such a
move could be successfully main-
tained, I respectfully submit to
your Honorable Body that you not
approve such assignment.
R. N. Russo
City Attorney
Councilman Thoms moved that
the communication be received
and filed and approved and Noti-
fication of Action be sent to the
County Board of Supervisors. Sec-
onded by Mayor Justmann. Carried
by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent—Councilman Lundh.
Proof of Publication, certified to.
by the Publisher, of Notice of Pub-
lic Hearing to amend Zoning Or-
dinance No. 3-34, so as to change
certain property in Terrace Heights
Sub. from Multiple to Local Busi-
ness "B" District Classification,
presented and read. No written ob-
jections were filed and no oral
objectors were present in the
Council Chamber at the time set
for the hearing. Mayor Justmann
moved that the proof of publication
be received and filed. Seconded by
Councilman Thoms. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent—Councilman Lundh.
ORDINANCE NO. 12-75
An Ordinance amending and
changing Ordinance No. 334,
known as "The Zoning Ordi-
nance and Zoning Map of the
City of Dubuque,. Iowa;' so as
to change certain property here-
inafter described front "Multiple
Residence District" classification
to "Local Business '3' District
classification,
said Ordinance having been prev-
iously presented and read at the
Council meeting of March 10,
1975, presented for final adop-
tion.
ORDINANCE NO. 12-75
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 3-34,
KNOWN AS "THE ZONING OR-
DINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA,"
SO AS TO CHANGE CERTAIN PROP-
ERTY HEREINAFTER DESCRIBED
FROM "MULTIPLE RESIDENCE DIS-
TRICT" CLASSIFICATION TO "LOCAL
BUSINESS '13' DISTRICT CLASSIFICA-
TION.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
SECTION 1. That Ordinance No. 3-
34, known as "the Zoning Map and
Zoning Ordinance of the City of Du-
buque, Iowa," be and the same is here-
by amended by changing from "Multiple
Residence District" classification to "Local
Business 'B' District" classification the
following described real estate, to wit:
Commencing at the southwest corner
of the northwest quarter section of
Township 89 North, Range 2 East of
the 5th Principal Meridian, Dubuque
County, Iowa; Thence easterly along
the south line of said quarter section a
distance of 1530.27 feet to a point,
said point also lying on the center
line of Peru Road; Thence north-
erly along a line, said • line also being
the centerline of Peru Road; with a
deflection angle of 95 degrees 56' 30"
Left a distance of 730.46 feet to a
point; Thence westerly along a line
with a deflection angle of 89 de-
grees 4' 15" left a distance of 260
feet to a point, said point being the
beginning of this legal description;
Thence northeasterly along a line with
a deflection angle of 72 degrees. 20'
45" right a distance of 689 feet to a
point; Thence southwesterly along a
line with a deflection angle of, 90 de-
grees 0' left a distance of 130 feet to
a point; Thence northwesterly along a
line with a deflection angle of 95
degrees 5' right a distance of 140 feet
to a point; Thence easterly along a line
through said point and perpendicular
to the centerline of Peru Road at
that point to a point 260 feet west-
erly of said centerline; Thence south-
erly along a line parallel to, but 260
feet west of the centerline of Peru
Road to the point of beginning; All
territory described lying in Lot A of
Terrace Heights Subdivision being a
subdivision of the northwest quarter of
Section 12. Township 89 North, Range
2 East of the 5th Principal Meridian,
in the City of Dubuque, Iowa, Du-
buque County, Iowa, containing 1.89
acres more or less, as shown on Ex-
hibit "A" hereto attached.
SECTION 2. That the foregoing amend-
ment 6s heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Regular Session, April 7, 1975
Passed, adopted and approved this
day of April, 1975.
1975.
Leo F. Prommelt
City Clerk
7th
Herald Newspaper this 11th day of April,
C. Robert Justmann
Mayor
James E. Brady
Emil Stackis
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
It. 4-11.
adoptionMayor
sn
of theOrd nance. Sec-
onded by Councilman Thorns, Car-
ried by the following vote:
Yeas --Councilmen Brady, Stack -
is, Thorns,
Nays—.Mayor Justmann,
Absent—Councilman Lundh,
Petitionof United Spanish
Americans' Auxiliary requesting
permission to sell flowers on
April 25th & 26th, presented and
read. Councilman Thorns moved
that the petition be approved and
referred to the City Manager for
final approval. Seconded by Coun-
cilman Stackis, Carried by the
following vote:
Yeas_Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None,
Absent—Councilman Lundh.
Petition of Fred H, Sinhold et al
(50 signers) requesting parking be
allowed on one side of Woodlawn
only from intersection of Asbury
& Woodlawn North approx. 300',
presented and read, Councilman
Thorns moved that the petition
be referred to the City Manager
and Traffic Department. Seconded
by Councilman Stackis, Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady; Stackis, Thorns.
Nays—None,
Absent—Councilman Lundh,
Petition of James S. Kisting et al,
requesting direction to overcome
drainage problems that exist in e
Glenwood Court and Creston Street t
areas, both in the backyards, s
streets and sidewalks, presented C
and read. f
Councilman Thongs moved to
suspend the' rules to let anyone
present address the Council if they m
so desire! Seconded by Mayor Just -
133
mann. Carried by the following
vote:
Yeas ----Mayor Justmann, Council-
men Brady, Stackis, Thorns,
Nays—None.
Absent --Councilman Lundh.
Ronald. McDermott and James
Kisting addressed the Council rela-
tive to the petition, Councilman
Thorns moved that the petition be
referred to the City Manager and
Staff for their earliest considera-
tion. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Stackis, Thorns,
Nays—Councilman Brady.
Absent—Councilman Lundh,
Petition of March of Dimes,
Northeast Iowa Chapter, request-
ing permission to conduct a Walk-
athon on April 12, 1975, presented
and read. Councilman Thorns mov-
ed that the petition be approved
subject to final approval of the City
Manager Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent --Councilman Lundh,
Petition of Dubuque Jaycees re-
questing assistance. in finding a
location to host a circus on July
4, 1975; Industrial Park would be
ideal, presented and read, Mayor
Justmann moved that the petition
he referred to the City Manager
for approval. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas_ Mayor Justmann, Council-
men Brady, Stackis, Thorns,
Nays --None.
Absent—Councilman Lundh.
Petition of Louis Juergen' re-
questing a refund of $25. on un-
expired portion of Cigarette Li-
ense No. 400, discontinued busi-
ness on March 31, 1975, presented
and read. Councilman Stackis moo-
d that the refund be granted and
Or City Auditor directed to is-
ue proper warrant. Seconded by
ouneilman Thorns._ Carried by the-
ollowing vote:
Yeas—Mayor Justmann, Council -
en Brady, Stackis, Thoms.
Nays—None.
Absent --Councilman Lundh.
f
�I!
is
Proof of Publication, certified to
by the Publisher, of Notice of Pub-
lic Hearing to dispose of Lot 1
Block 12, Block 13 and Lot 1 of
Block 14 in River Front Sub. No. 3
to Thermolyne Corporation, pre-
sented and read. No written objec-
tions were filed and no oral objec-
tors were present in the Council
Chamber at the time set for the
hearing. Councilman Thorns moved
that the proof of publication be
received and filed. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent --Councilman Lundh.
RESOLUTION NO. 80.75
WHEREAS, pursuant to Resolu-
tion and published notice of time
and place of hearing published in
the Telegraph Herald, a newspaper
of general circulation published in
the City of Dubuque, Iowa, on
March 7, 1975 and March 14, 1975
the City Council of the City of
Dubuque, Iowa, met on the 7th
day of April, 1975, at 7:30 o'clock
P.M. (Central Standard Time) in the
City Council Chambers, City Hall,
Dubuque, Iowa, to consider pro-
posaI to dispose of interest of the
City of Dubuque, Iowa, in real
estate, hereinafter described, to
Thermolyne Corporation; and
WHEREAS, City Council of City
of Dubuque, Iowa, overruled any
and all objections, oral or written,
to the proposal to dispose of in-
terest of City of Dubuque, Iowa,
in the hereinafter described real
estate to Thermolyne Corporation:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1: That the disposal of
interest of City of Dubuque, Iowa,
in the following described real es-
tate, to -wit:
Lot 1 of Block 12, Block 13, and
Lot 1 of Block 14, in "River
Front Subdivision No. 3" in the
City of Dubuque, Iowa, subject
to existing easements, for sewer,
water and all utilities together
with the right of ingress and
egress, to maintain, repair and
service the same
to Thermolyne Corporation for the
purchase price of Five Thousand
Dollars ($5,000.00) per acre or a
total purchase pries of Thirty six
thousand thirty dollars ($36,030.00)
and that the option payments here-
tofore paid shall not be deemed
nor be applied upon the purchase
price, be and the same is hereby
approved, subject to the following
terms and conditions:
1. That the selling price of said
real estate shall be Five Thou-
sand ($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 price.
2. That the construction of said
improvements shall conform to
all City Codes and Ordinances.
3. In the event of exercise of said
option, the City shall convey
said premises by Quit Claim
Deed subject to existing ease-
ments, for sewer, water and all
utilities and the City reserves
an easement for the location and
maintenance of such utilities,
together with the right of in-
gress therein and egress there-
from for the purpose of repair
and maintenance thereof.
4. The City reserves an easement
over Lot 1 of Block 14 River -
front Subdivision No. 3 for pos-
sible extension of sanitary
sewer, storm sewer and water
main and said easement shall
be for Fifty (50) feet as con-
struction easement and for
twenty (20') feet as utilities
easement.
5. That said City reserves an ease-
ment in, over, on and across the
property hereinabove described
as railroad easement, which
easement area is shaded in
green on the attached plat and
contains approximately .3877
acres, said plat being dated
January 31, 1969, and prepared
by Cullen -Schlitz & Associates,
Inc.
6. That purchasers shall com-
mence construction of a new
plant on the premises within
three years of date of deed and
shall complete the project with-
in four (4) years of date of
deed.
Section 2: That the City Clerk
be and he is hereby authorized and
directed to deliver deed of con -
Regular Session, April 7, 1975
veyance conveying the above de-
scribed real estate to Thermolyne
Corporation upon receipt of th
purchase price of $36,030.00.
Section 3: That the City Clerk
be and he is hereby authorized an
directed to record a certified cop
of this Resolution in the office of
the Dubuque County Recorder.
Passed, approved and adopted
this 7th day of April, 1975.
C. Robert Justmann
Mayor
Emil Stackis
James E. Brady
Allan T. Thorns
Councilman
Attest:
Leo F. Trammell
City Clerk
135
RESOLUTION NO. 81-75
Resolution authorizing the City
e Manager to execute the memor-
andum of agreement with the
International Union of Operat.
d ing Engineers, Local 758.
Y WHEREAS, the City of Dubuque,
through the City Manager's office,
has been negotiating an agreement
with the International Union of
Operating Engineers, Local 758,
and
WHEREAS, the parties have
reached agreement on a wage and
salary program to be effective Jan-
uary 1, 1975 -June 30, 1976 as stip-
ulated in the Memorandum of
Agreement between the City of Du-
buque, Iowa and the International
Union of Operating Engineers, Lo-
cal 758, dated March 20, 1975, and
WHthe City Mangler it ibe given authos desirous r-
ity by the City Council to place in
effect this wage and salary plan
with the International Union of Op-
erating Engineers, Local 758.
NOW, THEREFORE, BE 17' RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Manager
be authorized to execute the refer-
enced Memorandum of Agreement
with the International Union of
Operating cal 758.
Section 2. That the CityaM Manager
be authorized to implement the
proposed wage and salary plan and
employee benefits for the period
January 1, I975 -June 30, 1978.
Passed, adopted and approved
this 7th day of April, 1975.
Councilman Thorns moved adop-
tion of the resolution. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Absent—Councilman Lundh.
April 1, 1975
Honorable Mayor and
City Council
Agreement has been reached
with the International Union of Op-
erating Engineers, Local No. 758
on all terms and conditions rela-
tive to wages and other employee
benefits for the period January 1,
1975 through June 30, 1976.
The attached memorandum from
Walter Bockes explains amend-
ments made to the previous agree-
ment that resulted in ratification
by members of the International
Union of Operating Engineers,
Local No. 758.
I would request that you ratify
the attached resolution authorizing
me to execute a memorandum of
agreement with the Operating En-
gineers and to place into effect
the salary and benefit program as
stipulated in that agreement.
Gilbert D. Chavenelle
City Manager
Councilman Thorns moved that
the communication be received and
filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas --Mayor Justmann, Council-
men Brady, Stackis, Thome.
Nays -None.
Absent—Councilman Lundh.
C. Robert Justmann
Mayor
Emil Stackis
James E. Brady
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas --.Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays—None.
Absent—Councilman Lundh.
RESOLUTION NO. 82.75
Resolution authorizing execution
of agreement between City of
III
I,y
136 Regular Sessio
u .uq6h ue, wands cZ' qua Slate
Highway Commission relatingto
the installationof trafficcon.
trol signals far school crossings
at various: locations within- the
City of Dubuque.
That the Mayor and City Clerk
be and they are hereby authorized
and directed to execute agreement
number 74-T-087, dated 7th of
April„ 1975 with the Iowa State
Highway Commission, a copy of
which Agreement is attached,re-
lating, to the construction oftrafr
fie controlsignals for school cross-
ings at various locations; as pro
vide& for in said agreement:
Passed, approved', and adopted
bhisi 7th dray of April, 1975.
C. Robert Justmann
Mayor
James E. Brady
Emil Stackis
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Cleric
Councilman Thoms moved ad'op,
tion of the resolution. Seconded
by Councilman Stackis, Carried by
the following vote:
Yeas -Mayor Justmann,Councilt
men Brady, Stackis, Thoms.
Nays --None.
Absent --Councilman Lundh.
Communication of E S. Army
Corps of Engineers submitting
right -of -entry agreement to allow
construction, of sidewalks along the
fleodkvall, presented and read.
Mayor Justmann moved that the
communication be received and
filled. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
RESOLUTION N& 83.75
WHEREAS, the U.S:. Army Corps
of Engineers have submitted a
Supplemental Right -of -Entry for
adoption by the City Council, City
of Dubuque, Iowa, in connection
with the sidewalk construction and
improvements in the floodwall fa-
cility;: and.
WHEREAS, said supplemental
Right -of -Entry should be executed
by the City of Dubuque,. Iowa.
April 7, 1975
NOW -TIIE1tE'P+ORE BE IT' RE
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:.
Section. 1: That the Supplement
No. 9 to Right -el -Entry presented
by the U.S.. Corps of Engineers:: for
adoption by the City of Dubuque;
Iowa,. inconnection with the: cons-
struetion ofsidewalk construction
programin connection with the
Headwall project, be and the same
is hereby approved,
Section 2:. That tire Mayor and
City Clerk be and they are hereby
authorized) to execute said Supple-
ment NoL. 9 to Right -of -Entry for
and on behalf of the City of Dur
buque, Iowa.
Section 3: That the~'City, Clerk
forthwith- transmit sufficient.eopies
duly certified to .the: commanding
officer, Walter H. Johnson„ Colonel,
Corps of Engineer, District. Engi-
neers. U. S, Corps of. Engineers,
Rock Island, Illinois:.
Passed, adopted and approved
this 7th day of April, 1975.
C. Robert Justmann
Mayor
Emil Stackis.
James. E. Brady
Allan T. Thoms
Councilmen
Regular Session, April 7, 1975
Passed, adopted and approv
this 7th day of April, 1975.
C. RobertJustmannMayor
Emil Staekis
James E. "Brady
Allan T. Thoms
Councilmen
Attest:.
Leo F. Frommelt
City Clerk
Mayor Justmann moved adoption
et the resolution.. Seconded by
Councilman Thoms. Carried by the
following vote::
Yeas—Mayor Justmann, Council.
men Brady, Staekis, Thoms.
Nays—None.
Absent—Councilman. Lundh.
RESOLUTION NO. 8475
BE, IT RESOLVED by the. City
Councilof the City of Dubuque,
Iowa, that the following havecom-
plied with the provisions of law re-
lating, to the sale, oaf Cigarettes
within the City of Dubuque, Iowa,
be granted a permit to sell Cigar-
ettes and Cigarette Papers within
said City.
Richard M. Winsor„ Bunker Hill
Pro Shop, My -Cap Vendors,Inc.,
Bunker Hill Road
Dubuque Municipal Airport, Lime
Rock Springs Co.„ Inc.,. Vendors
Unlimited, Municipal Airport
137
ed
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, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh,
RESOLUTION NO. 85.75
WHEREAS, -applications for Beer
Permits have ;been submitted to
this Council for :approval :and the
same have been examined;
NOW THEREFORE
SOLVED by�tCi RE-
SOLVED of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with .the terms of the
Ordinances of the .City.
CLASS 'B" BEER PERMIT
Dubuque Sports Unlimited, Inc.
(also Sunday Sales), East Fourth
Street
Dubuque Jaycees (also Sunday
Sales), 10231/2 Main Street
CLASS "C" BEER PERMIT
LaVern Nicholas Heinen, Vern's
Conoco, 3300 Asbury Road
Leonard Oil Company, Site Service
Station, 1307 Dodge Street
Palmer Drug Co., 2600 Dodge Street
Passed, adopted and approved
this 7th day of April 1975.
C. Robert Justmann
Mayor
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 Stackis. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms-
Nays—None-
Absent--Councilman Lundh.
RESOLUTION NO, 6645
WHEREAS, applications for Beer
Permits were filed by thewithin
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 rr RE-
SOLVED by the Ctty Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to
be issued to the following named
applicants a beer permit,
CLASS "B" BEER PERMIT
Dubuque Sports Unlimited,
(also Sunday Sales), East Fourth
Street
Dubuque Jaycees (also Sunday
Sales), 10233/2 Main Street
CLASS
srLavern NicholaIlennen, PERMIT
Conoco, 3300 Asbury Road
Leonard 0i1 Company, Site Service
Station, 1307 Dodge Street
Palmer Drug Co., 2600 Dodge Street
.Passed, adopted and approved
this '7th day of April 1975.
C. Robert Justmann
Mayor
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. ,Frommelt
City 'Clerk
Councilman Thoms moved gado
p -
tion sof the .resolution. Seconded
by Councilman Stackis. 'Carried .by
the following vote:
Yeas—Mayor Justmann, Council-
men .Brady, .Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh,
RESOLUTION NO, 87,7S
W1III cE ens s have applications
sub or Li-
nertted
o this Council for approval and
he same have been examined,
NOW THEREFORE BE IT ;RE-
4LVDD 'by the 'City Council of
the City of Dubuque, Iowa, that
he following ,applications be ap-
proved and licenses issued upon
he compliance with the provisions
Chapter 131, /Acts of the First
Regular ,Sossion, :64th General As-
mbly.
th
of
se
P,
I�m
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Ronald Fens, Ron's Barrell Tap,
1121 University Avenue
Raymond Ney, Ray's Tap, 2186
Central Avenue
Richard N. Stecklein and Melvin
B. McSperrin, B. & R. White
House, 450 West Locust Street
Passed, adopted and approved
this 7th day of April 1975.
C. Robert Justmann
Mayor
James E. Brady
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, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
RESOLUTION NO. 88-75
WHEREAS, applications for Li-
quor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the State Law and all City Or-
dinances relevant thereto and they
have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Ronald Fens, Ron's Barrell Tap,
1121 University Avenue
Raymond Ney, Ray's. Tap, 2186 Cen-
tral Avenue
Richard N. Stecklein and Melvin
B. MeSperrin, B. & R. White
House, 450 West Locust Street
Passed, adopted and approved
this 7th day of April 1975.
C. Robert Justmann
Mayor
James E. Brady
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, Council-
men Brady, Stackis,Thoms.
Nays—.None.
Absent—Councilman Lundh.
Councilman Brady moved that
the Park Board be requested to
certify a vacancy on their Board,
if one so exists, to the Council by
April 14th. Seconded by Council-
man Stackis. Carried by the fol-
lowing vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None,
Absent—Councilman Lundh.
There being no further business,
Councilman Stackis moved to ad-
journ. Seconded by Councilman
Thoms. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thoms.
Nays—None.
Absent—Councilman Lundh.
Leo F. Frommelt
City Clerk
Special Session, April 14, 1975 139
CITY COUNCIL
Councilman Thoms moved that
the communication of Mayor's In-
dustrial Committee be received and
filed and recommendation be
•granted. Seconded by Mayor Just -
mann. Carried by the. following
vote:
^• Yeas—Mayor Justmann, Council -
is, men Lundh, Thoms.
D.
Nays --Councilmen Brady, Stack -
is.
11 Honorable Mayor and pril 9, 1975
Members of the City Council
This is to inform you that at the
regular meeting of the Dubuque
U• Park Board held at 4:15 P.M. on
.April 9, 1975, the board with re-
grets accepted the resignation of
Mr. Dominic W. Goodmann as a
member of ,the Dubuque Park
Board effective immediately.
Thomas G. Schrup
Chairman
Frederick R. Appel
Vice Chairman
r Councilman Brady moved that
the communication be received and
filed and made a matter of record.
Seconded by Councilman Thome.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Mayor Justmann moved the resig-
nation be accepted; a vacancy de-
clared and applications for the
position be filed with the City
Clerk by noon on April 25, 1975.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None,
Councilman Stackis further mov-
ed that the City Solicitor be di-
rected to draw up a "Resolution of
Gratitude" to Mr. Dominic Good -
mann. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Studds, Thoms.
Nays—None.
Communication of Joseph Schiltz
stating rather than getting con-
sultant firms for the City it would
be better to have a suggestion box
for the public, also should have
more cooperation between the En-
gineers in the City, presented and
read. Councilman Stackis moved
that the communication be receiv-
OFFICIAL
Special Session, April 14, 1975
Council met at 7:30 P.M. (C.D.T)
Present—Mayor Justmann, Cou
cilmen Brady, Lundh, Stack
Thoms. City Manager Gilbert
Chavenelle.
Absent—None.
Mayor Justmann read the ca
and stated that service thereof had
been duly made and this meeting
is called TO ADOPT A RESOLU-
TION
AUTHORIZING THE ISS
U. OF $4,250,000 HOSPITAL
FACILITY FIRST MORTGAGE
REVENUE BONDS (FINLEY HOS-
PITAL
PROJECT) and acting upon
such other business as may prop-
erly
come before a regular meet-
ing of the City Council.
Communication of Illinois De-
partment of Transportation en-
couraging states to develop the)
own indirect source regulations
which upon approval by the U.S.
EPA would be managed by the
individual states and advising of
a public hearing to be held on
April 21, 1975, presented and read.
Councilman Stackis moved that
the communication be referred to
the Iowa Department of Environ-
mental Quality for their consid-
eration and report. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None,
Communieation of Mayor's In-
dustrial Committee recommending
approval of a petition submitted
by T. Robert Ibinger praying for
relief of conditions to his land on
Industrial Park, presented and
read. Councilman Lundh moved to
suspend the rules to let anyone
present address the Council if they
so desire. Seconded by Mayor Just -
mann. Carried by the following
vote.
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Attorney Robert Bertsch repre-
senting Mr. Ibinger addressed the
Council stating the conditions are
now burdensome to the property
owner.
11111[1111 `'1)11
1111 Illi
IIS
h
,111g1llilllf
I'IIIIIlyPl9
I �I��u6udul
140 ?Special Session, April 14, 1975
ed and filed. Seconded by Council-
man Thorns. Carried by the fol-
lowing vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
April 11, 1975
honorable Mayor
and City Council
I am presenting for your con-
sideration our list of streets for
the 1975 Street Program.
The amountsestimated for this
construction are covered in our
'budget for Fiscal Year '76.
Section III of the 1975 Street
Program totaling $322,365 for city
share is budgeted under capital
outlay in the City Engineer's De-
partment. In addition to this
'amount, _assessments of $121,334
will be charged to property own-
ers on Rockdale Road from A. H.
Oeth Subdivision to old city limits,
Asbury Road from Crissy to Car-
ter and Paul Street from Lowell
to Clarke. This project will total
$443,699.
Section II, intersection widen-
ing on Dodge Street east of Grand-
view will' total $83,599; $43,812 for
paving construction -and $39,747
for signal improvements. The sig-
nals are not in the street program,
but will be bid separately under
an electrical contract.
Section I, Dodge Street paving
will total $235,816 from Bluff to
Grandview. This is budgeted under
capital 'outlay in the City Engi-
neer's Department.
I would like an opportunity to
show you these projects in order
to get your approval for this pro-
gram.
John L. White, P.F..
City Engineer
Mayor Justmann moved that the
communication be received and
filed and .April 19th at 9:00 A.M.
be time set for Engineer to show
projects to Councilmen. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men .Brady, Lundh, Stackis, Thorns.
Nays --None.
April 10,. 1975
Honorable Mayor and
!Clambers of the .City Council
I have approved the following
bond and policies and desire to
have your approval of sante, sub -
jest toapproval of the City Attpr-
ney, for filing purposes.
SIDEWALK CONSTRUCTION
BOND
Conlon Construction Co., North-
western National Insurance Co.
effective April 8, 1975, Bond No.
S '716723
GENERAL 'LIABILITY POLICIES
F. N. Smith Construction Ca, Bi-
tuminous Casualty Corporation,
April 1, 1975 to April 1, 1976
Policy No. GA739076
Fondeil & Sons Inc., 'Hartford In-
surance Group, 11-01-74 to 11-01-
75 Policy No. 'C'503852
Gilbert D. Chaveneiie
City Manager
Councilman Lundh moved filing
be approved subject to the ap-
proval of the City Attorney. 'Sec-
onded by Mayor Justmann. Carried
by the 'following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, "Thorns.
Nays—None.
April 14, 1975
Honorable Mayor and
'City Council
Three communications were filed
with the City Clerk and present-
ed to your Honorable Body at your
meeting of March 10, 1975., Which
essentially questioned the sale .or
dispensing of optical items and
equipment at the Medical Associ-
ates new facility. As .you may re-
call, Medical Associates: is .now sit-
uated on part of Mercy Medical
Center property,
Pursuant to your direction, I
have investigated this -matter, and
1 beg to report the following:
(1) The Building Commissioner
of the City of Dubuque has here-
tofore issued a building permit to
Medical Associates pursuant to and
in accordance with detailed plans
of said facility. The said plans on
file in the Building Commissoner's
office do not display thereon any
proposed location of a facility for
sale Lot optitcal items and equip-
ment.
(2) An examination of the per-
tinent ordinances indicates to me
that the location of a facility there-
in for the sale of optical items and
equipment is not a permitted use.
My investigation has involved
consultation with Mr. Dan Ditte-
more, City Planner, Mr. Donald
Bandy, Building Commissioner,
Special Session, April14,, 1975
and Mn. R. N. Russo, City Attor-
ney. I am advised that thefore-
going named individuals concur
herein.
It i$i my intention to keep. your
Honorable Body advised of any
relevant developments which occur
Pertaining to: this Lmatter.
Communications of Slade Optical
House,Klauer Optical and Gibson
Eyewear Dispensary are returned
herewith.
Gilbert D. Chavenelle
City Manager
Mayor Justmann movedthatthe
communication be referredto the
Council. Seconded' by Councilman
Brady: Carried by the following
vote:
Yeas—Mayor.. Justmann,Council-
men Brady, Lundh, Stackis, Thorns.
Nays—,None..
Notice. of Claim, of. Lucile: ICath-
erhae Quinn, in the amount of $10,-
000, for personal injuries received
in a fallon an, icy' sidewalk north
of the; intersection. of. Bluff & 5th
Streets on April 3„ 1975,• present-
ed, and read. Mayor Justmann mov-
edi that, the notice of claim he
referred to the City Solicitor for
proper proceedings. Seconded by
Councilman Brady,. Carried by the
following vote.:.
Yeas—Mayor Justmann, Council-
men Brady, Lundh,. Stack's, Thorns.
Nays—None„
Notice of Claim of Alan Koppes,
in an undetermined amount, for
personal' injuries received as the
result of being struck on the head
by a, rusted out street sign at
21st & Washington • Streets 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
Brady. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lund -h, Stackis, Thorns.
Nays—None..
Notice of Claim of Sally Jo Roy,
in an undetermined amount, for
truck' damages ineurred as the re-
sult of city truck spilling salt on
the windshield on February 17,
1975,, presented and read. Mayor
Justmannr moved that the notice
of claims be referred to the City
Solicitor for proper proceedings.
it41
Seconded by Councilman Brady.
Carried by thefollowing vote:
Yeas—Mayor Justmann, Council-
men Brady,. Lundh, Staeltis, Thorns.
Nays—None.
Notice of Claim•. of Mary Volk-
man, in the amount of. $350, for
car damage incurredas the result
of said car being struck by a city
garbage truck, while, parked at 701
Davis; Street. on March t% 1975,
presented' and read. Mayor Just -
mann movedthat, the noticeof
claim he referred to the City SO -
Bettor for proper proceedings,
Seconded by Councdiman Brady.
Carried by the following vote::
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
Petition of the I7hiversity, of
Dubuque Campus. Ministry request-
ing" permission to conduct a Hun-
ger Walk an April 26, 1975, pre-
sented and read: Councilman
Stackis moved that the petition be
received and filed and •approved
subject to City Manager's approval.
Seconded by Councilman Brady.
Carried' by the following vote:
Yeas --Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
Verbal report by Assistant City
Manager Murray, on using Medical
Associates Building as a site for
housing City Government was. pre-
sented. After several plans were
presented and considerable discus-
sion, Mayor Justmann move& Not
to Act to acquire Medical As-
sociates Building. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis,
Nays — Councilmen Lundh,
Thorns.
Petitionof the Noon Optimist
Club requesting consideration to
proclaim May 1 to 7 as "Respect
for Law Week," presented and
read. Councilman Stackis moved
that the petition be approved and
the week so proclaimed. Seconded
by Councilman Lundh. Carried by
the following vote::.
Yeas—Mayor Justmann; Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
Petition of Dubuque Beautifica-
tion Committee requesting permiss-
ILL
PHI
142 Special Session, April 14, 1975
sion to address the Council rela-
tive to activities to be conducted
during "Beautify Dubuque Week
and Month" presented.
Robert Day and John Grau, mem-
bers of the Beautification Commit-
tee, addressed the Council stating
there are about twenty projects
being worked on at the present
time. They also introduced the
following people and the various
projects .they have undertaken.
Dick Albert, Comiskey Park Area;
Barb Faust, Jefferson Park Area;
Jim Gibbs, Madison Park Area;
Jerry Herburger and Cindy Weber,
Overpass at St. Joseph's Church
Area; Wilma Heitzman, Floodwall
Marina Area; Ann Schroeder,
Clean Flora Park Area; Karen
•Moldenhauer, Allison -Henderson
Park Area; City wide cleanup in
the Kennedy Mall area; Sierra
Club, to pick up trash; and Mercy
Hospital, Dubuque County Con-
servation Society, Chamber of Com-
merce & Rotary Club to help
where needed.
Councilman Brady moved that
the City Attorney draw up a reso-
lution endorsing the projects and
also give consideration as to the
liability involved. Seconded by
Councilman Stackis. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
Petition of Dubuque Sports Un-
limited requesting that the week
of April 13 thru 19 be declared
Baseball Week in Dubuque, pre-
sented and read. General Manager,
Steve Greenberg, addressed the
Council stating the opening game
is April 18, 1975, and presented
the Mayor with an official cap.
Mayor Justmann moved that the
petition be received and filed. Sec-
onded by Councilman Thoms.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
April 2, 1976
Honorable Mayor and
Councilmen
In accordance with your refer-
ral of Councilman Thoms' letter of
February 20, 1975, the Planning
and Zoning Commission has con-
sidered the suggestion for creating
a panel to advise the Council in
historical and architectural pres-
ervation matters.
The Commission agreed that the
purpose of the Demolition Restraint
Ordinance No. 7-75 would be pro-
tected if its application were sub-
ject to independent expert advice
as Councilman Thorns has urged.
The Councilman's letter made
specific reference to the historical
advisory commission established in
in Charleston, South Carolina, and
we have enclosed a copy of their
specifications for the various areas
of expertise to be represented on
their commission. The Planning
and Zoning Commission has also
agreed that the role of a preserva-
tion advisory panel might also be
broadened to provide valuable in-
put on other architectural and his-
torical conservation matters.
The Commission also felt strong-
ly that the potential scope of In-
volvement for an historical pres-
ervation advisory group is not yet
sufficiently well established to be
formally constituted by local ordi-
nance. It has recommended, as an
alternative, that an ad hoc advisory
panel be formed now and that
Council stipulate a policy of con-
sulting with this panel as appro-
priate matters arise. We have at-
tached a sample form of Resolu-
tion should you find it desirable
to officially articulate that policy.
Under separate cover, we will
submit a list of persons whom we
know to have an interest in pres-
ervation and whose various ex-
pertise is consistent with the re-
quirements of the Charleston,
South Carolina ordinance.
CITY PLANNING AND ZONING
COMMISSION
Daniel Dittemore
Development Planner
Councilman Thorns moved that
the communication be received and
filed. Seconded by Mayor Just -
mann. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stack's, Thorns.
Nays—None.
RESOLUTION OF POLICY
No. 89-75
Whereas, the City Council deems
it desirable that Council receive
informed advice concerning the
historical and/or architectural sig-
nificance of buildings subject to
Special Session, April 14, 1975
the provisions of Ordinance N
7-75, known as the "Demoliiti
Restraint Ordinance," and
Whereas, the solicitation of su
informed advice may also
of substantial hnportanee to
Council in regard to other matte
concerning the conservation of D
buque's rich historical and arc
tectural heritage,
NOW SOLVED BYES CITYCOUNCILCO NC
OF THE CITY OF DUBUQUE
IOWA:
Section L That the City Counc
hereby recognizes the Dubuque
Historic Preservation Advisory
Board as a private organization
with special knowledge and exper-
tise in the field of historic con
servation, and
Section 2. That the City Council
hereby declares its intention to
solicit the advice of the Dubuque
Historical Preservation Advisory
Board on matters within the scope
of Ordinance No. 7.75 and on oth-
er matters affecting Dubuque's
historical and architectural heri-
tage as the Council deems appro-
priate.
Passed, adopted and approved
this 14th day of April, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Allan T. Thorns
Councilmen
Attest:
Leo F. Fronmlelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Mayor Justmann. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Staekis, Thorns.
Nays—Councilman Brady.
Communication of Dubuque Jay-
cees requesting the adoption of
a motion endorsing their endeavor
in the.task of renovating Wash-
ington Park, presented and read.
Russ Neuwoehner of the Jaycees
addressed the Council advising
them of the work they plan to do
in Washington Park.
Councilman Stackis moved that
the communication be received and
filed. Seconded by Mayor Just -
mann, Carried by the following
vote:
o.
on
ch
be
the
matter
u
i -
E
,
1
143
Yeas --Mayor Justmann, Council-
men Brady, Lundh, Staekis, Thorns.
Nays—None.
RESOLUTION NO. 90.75
Endorsing Washington Park Res-
toration.
WHEREAS, Washington Park in
h downtown Dubuque is the site of
much of the history of Dubuque
including the City's first Church,
jail and settlers' meeting ground;
and
former beauty andhof the charact park's have
been destroyed by the forces of
nature; and
WHEREAS, the Dubuque Jaycees
have undertaken to restore Wash-
ington Park in conjunction with
the American Revolution Bicen-
tennial Celebration; and
Wthe
Washi
ngton Prk win enhance the
image and vitality of the Dubuque
Community especially in this bi-
centennial era;
BE OITY COUNCIL RESOLVED F TBY THE
DUBUQUE that it wholeHE heartedly
rrtedly
endorses the efforts of the Du-
buque Jaycees to restore Washing-
ton Park and pledges its coopera-
tion and support to their endeavor.
Passed, approved, and adopted
this 14th day of April, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Staekis
James E. Brady
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns
Nays—None.
City of Dubuque April 14, 1975
Attention:
Mr. Gilbert D. Chavenelle
City Manager
Re: Finley Hospital Project
We have been furnished with
the final drafts of the proposed
documents contained in the letter
Lee Boye of Chapman and Cut-
er dated April 5, 1975, and we
of
1
144 Special Session, April 14, 1975
find that the suggestions and
changes which we have made have
been incorporated therein. The
Trust Indenture on page 15 con-
tains the maturities and interest
rates which the bonds are to bear.
We believe that these interest
rates are in line with current mar-
kets for comparable bonds.
We have also been furnished by
Wm. G. Ceas & Company a copy
of their proposed contract of pur-
chase which has been revised to
;conformwith our recommenda-
tions, which principally eliminated
the underwriter as the sole judge
of market .conditions and other
matters which might delay deliv-
ery. We understand that this con-
tract of purchase is being pre-
sented to you for approval by
the Council at its meeting April 14,
1975. The price will be $4,122,500
plus accrued interest. We have dis-
cussed this price with the under-
writer end have also compared it
to prices for comparable bonds in
this market.
We believe the price is fair and
will not affect the general mar-
ket value or price of City of Du-
buque direct obligations secured
by either taxes or revenues of its
utilities. Aside from that reserva-
tion, the price is a matter of in-
terest to the hospital and the under-
writer only. It is our opinion that
the City of Dubuque, by accepting
the purchase contract and approv-
ing the documents, will not jeop-
ardize its credit and will have ac-
complished its goal of improving
one of its prominent local hospi-
tals. We recommend that the docu-
ments, as amended, and the pur-
chase contract be approved,
Paul D. Speer & Associates, Inc.
Paul D. Speer
President
Mayor Justmann moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
RESOLUTION NO. 91-75
Resolution authorizing the issu-
ance of $4,250,000 Hospital Fa-
cility First Mortgage Revenue
Bonds (The Finley Hospital Pro-
ject), Series A, of the City of
Dubuque, Iowa, for the purpose
of lending the proceeds thereof
to The Finley Hospital to defray
the cost to said Corporation of
acquiring certain equipment and
improvements suitable for use
in its voluntary nonprofit hos-
pital, the execution and delivery
of an Indenture of Trust to see,
cure said Bonds, the execution
and delivery of a Loan Agree-
ment between said City and said
Corporation providing for the re-.
payment of the loan of the pro-
ceeds of said Bonds, the sale of
said Bonds and related matters.
WHEREAS the City of Dubuque,
in the County of Dubuque, State
of Iowa (the "City"), proposes to
issue Hospital Facility First Mort-
gage Revenue Bonds (The Finley
Hospital Project), Series A of said
City in the principal amount of
$4,250,009 (the "Bonds") for the
purpose of lending the proceeds
thereof to The Finley Hospital
(the "Corporation") to defray the
cost, to that amount, of the ac-
quisition of certain equipment and
improvements by the Corporation
suitable for use in its voluntary
nonprofit hospital, including the
repayment of construction loans
obtained by the Corporation until
permanent financing could be ar-
ranged (the "Project"), on a site
within the City, all in accordance
with the provisions of Chapter 419
of the Code of Iowa, 1973, as
amended (the "Act"); and.
WHEREAS pursuant to published
notice of intention this City Coun-
cil has heretofore conducted a pub-
lic hearing, as required by Section
419.9 of the Act, and this City
Council has deemed it necessary
and advisable to proceed with the
Project, the issuance of the Bonds,
and the loan of the proceeds of
the Bonds to the Corporation; and
WHEREAS the City has arrang-
ed for the sale of the Bonds to
William G. Cees & Company (the
"Underwriter");
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. That in order to fi-
nance the Project referred to in
the preamble hereof, Hospital
Facility First Mortgage Revenue
Bonds (The Finley Hospital Proj-
Special Session, April 14, 1975
ect), Series A, of said City in the
principal amount of $4,250,000 (the
"Bonds") be and the same are
hereby authorized and ordered to
be issued by said City pursuant to
an Indenture of Trust in substan-
tially the form attached hereto as
Exhibit A and containing sub-
stantially the terms and provisions
set forth therein, and the Mayor
and theCity Clerk are hereby au-
thorized and directed to execute
and deliver said Indentureof Trust
and said Bonds.
Section 2. That said City lend
the proceeds: of the Bonds to the
Corporation to defray the cost of
the Project referred to in the pre-
amble hereof, pursuant to a Loan
Agreement providing for the re-
payment of said loan, in substan-
tially the form attached hereto
as Exhibit B and containing sub-
stantially the terms and provisions
set forth therein, and the Mayor
and the City Clerk are hereby au-
thorized and directed to execute
and deliver said Loan Agreement.
Section 3. That the sale of the
Bonds to the Underwriter, pursu-
ant to a Purchase Contract, in sub-
stantially the form attached here-
to as Exhibit C and containing
substantially the terms and pro-
visions set forth therein, is hereby
authorized, approved and confirm-
ed, and the Mayor is hereby au-
thorized and directed to execute
and deliver said Purchase Contract.
Section 4. That the Underwriter
is hereby authorized to prepare
and use a preliminary official
statement and a final official state-
ment is reselling the Bonds; pro-
vided that this authorization does
not apply to information with re-
spect to The Finley Hospital and
its financial condition included in
such documents, but nothing here-
in shall be construed as prohibit-
ing the Underwriter from includ-
ing such information therein pur-
suant to authorization from the
Corporation.
Section 5. That the Mayor and
the City Clerk shall execute any
and all documents and do any and
all things as may be authorized by
resolution of this Council in order
to effect theissuance and sale of
said Bonds and the execution and
delivery of said Loan Agreement
and Indenture of Trust and to
145
carry out the intent and purposes
of this Resolution.
Section6. That the provisions of
this Resolution are hereby declar-
ed to be separable and if
any section, phrase or provision
shall for any reason be declared
to be invalid, such declaration shall
not affect the validity of the re-
mainder of the sections, phrases
and provisions.
Section 7. That this Resolution
shall become effective immediately
upon its passage and approval.
Passed and approved April 14,
1975.
C. Robert Justmann
Mayor
Attest:
Leo F, Frommelt
City Clerk
Mayor Justmann moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays--None-
Honorable Mayor April 10, 1975
and City Council
You may recall that during your
budget workshops the staff had
proposed a consultant study of al-
ternate corridor locations for the
North-West Arterial roadway. The
,study was proposed to be a part
of our Federal -aid Urban System
program for this year, and is eli-
gible for 70% cost sharing, with
30% local share to be made avail-
able from our road use tax ap-
portionment. The corridor location
study, environmental impact state-
ment and public hearing must be
completed before final roadway
design or roadway acquisition may
commence.
We have attached a Project
Agreement, as presented by the
Iowa Department of Transportation,
which is to secure our mutual par-
ticipation in the project. We rec-
ommend that it be adopted and
have attached a form of Resolution
for this purpose.
We also propose that the en-
gineering firm of Brice, Petrides
and Associates of Waterloo be se-
lected as the consultant for this
study. Representatives of the firm.
will be in attendance at your meet-
ing of Aril
p14th and we would
146 Special Session, April 14, 1975
appreciate the opportunity to pre-
sent them to you. We have also at-
tached a Resolution instructing the
City Manager and staff to prepare
a suitable contract and scope of
services, and which would author-
ize us to negotiate the detailed
terms of the study with the Iowa
Department of Transportation and
Federal Highway Administration.
The contract documents, proposed
study outline and cost estimates
will be returned to you for review
and adoption.
The North-West Arterial will be
our first project in the Federal-
aid Urban System. This program
presentsus with a new opportun-
ity for further development of a
comprehensively planned transpor-
tation system. However, the time
and procedural constraints of the
program are a challenge to our
ability to make effective use of
these funds. If time permits, we
would also like to discuss a two
year strategy for program develop-
ment and an outline of future
projects.
Gilbert D. Chavenelle
City Manager
Councilman Thoms moved that
the communication be received
and filed. Seconded by Councilman
Lundh: Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
RESOLUTION NO. 92-75
A Resolution concurring in the
selection of Brice•Petrides and
Associates as engineering con-
sultant
ornsultant for a corridor study of a
North-West arterial roadway, and
instructing the City Manager to
prepare a suitable form of con'
tract and scope of work for such
study
WHEREAS, the City Council of
the City of Dubuque, Iowa has ap-
proved a Project Agreement with
the Iowa Department of Transpor-
tation relative to their mutual par-
ticipation in a Corridor Study of
a proposed North-West Arterial
roadway within and adjoining the
City of Dubuque, Iowa; and
Whereas, it has been recom-
mended that the engineering con-
sulting firm of Brice -Petrides and
Associates of Waterloo, Iowa be
selected as contractor for such
Corridor Study;
NOW THEREFORE BE': IT RE-
SOLVED BY THE CITY COUN-
CIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the City Mana-
ger be and he is hereby author-
ized to select Brice -Petrides and
Associates, Engineers, of Water-
loo, Iowa as consultant engineers
for a Corridor Study of a propos-
ed North-West Arterial roadway.
Section 2. That the City Man-
ager be and he is hereby instructed
to prepare a suitable Form of
Contract and Scope of Work for
the aforesaid Corridor Study, and
to seek approval of said Contract
and Scope of Work from the Iowa
Department of Transportation and
the Federal Highway Administra-
tion, to assure eligibility of said
Corridor Study as a Federal -Aid
project,
Section 3. That the City Man-
ager be and he is hereby instruct-
ed to return such Form of Con-
tract and Scope of Work to the
City Council for final review and
approval.
Passed, adopted and approved
this 14 day of April, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Councilman Lundh, Carried by
the following vote:
Yeas --Mayor Justmann, Council-
men Lundh, Stackis, Thorns.
Nays—Councilman Brady.
RESOLUTION NO. 93-75
Resolution authorizing execution
of agreement between City of
Dubuque, Iowa, and Iowa State
Highway Commission relative to
preliminary engineering far
Faus Proiect known as North.
West Arterial
That the Mayor and City Clerk
be and they are hereby authorized
and directed to execute agreement
number 74-F-047 with the Iowa
State Highway Commission, two
Special Session, April 14, 1975
copies of which are attached, rela-
tive to the engagement of a con-
sultant engineering firm to per-
form preliminary engineering to
study and select the alignment and
type of facility for and to design
the North-West Arterial.
Passed, approved and adopted
this 14th day of April, 1975.
C. Robert Justmann
Mayor
James E. Brady
Alvin E. Lundh,
Emil Stackis
Allan T. Thoma
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thomemoved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays —None.
RESOLUTION NO. 94.75
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa that the following having com-
plied with the provisions of law
relating to the sale of Cigarettes
within the City of Dubuque, Iowa,
be granted a permit to sell Cigar-
ettes and Cigarette Papers within
said City.
Thomas Joseph Manternach, Ter-
race Heights Store, 4001 Peru
Road
Passed, adopted and approved
this 14th day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T, Thorns
Councilmen
Attest:
Leo F. Frommelt
City CIerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Mayor Justmann. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays ---None.
RESOLUTION NO. 95.75
WHEREAS, applications for Beer
Permits have been submitted to
147
this Council for approval and the
same have been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
CLASS "C" BEER PERMIT
Thomas Joseph Manternach, Ter-
race Heights Store, 4001 Pen
Road
Carl Van Duelman, 590 Clarke
Drive
Passed, adopted and approved
this 14th day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Mayor Justmann. Carried by
the following vote:
Yeas—.Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
RESOLUTION NO. 96.75
WHEREAS
r Beer
Permits were ledby the eations owitth 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 following nam-
ed applicants a Beer Permit.
CLASS "C" BEER PERMIT
Thomas Joseph Manternach,Ter-
race Heights Store, 4001 Peru
Road
Carl Van Duelman, 590 Clarke
Drive
148 Special Session, April 14, 1975
Passed, adopted and approved
this 14th day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns: moved adop-
tion of the resolution. Seconded
by Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
RESOLUTION NO. 97.75
WHEREAS, applications for Liq-
uor Licenses have been submit-
ted to this Council for approval
and the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the following applications be ap-
proved and licenses issued upon
the compliance with the provisions
of Chapter 131, Acts of the First
Regular Session, 64th General As-
sembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Leona R. Friedman, Lona's Inc.,
620 East 16th Street
Passed, adopted and approved
this 14th day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded
by Mayor Justmann. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
RESOLUTION NO. 98-75
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 City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be is-
sued to the following named ap-
plicants a Liquor License,
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Leona R. Friedman, Lona's Inc.,
620 East 16th Street
Passed, adopted and approved
this 14th day of April 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 Justmann. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
There being no further business,
Mayor Justmann moved to ad-
journ. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
Leo F. Frommelt
City Clerk
Approved
Adopted
Councilmen
Attest:
City Clerk
Special Session, April 21, 1975
CITY COUNCIL
149
NOW THEREFORE BE TT RE-
SOLVED BY THE CITY OF DU-
BUQUE THAT:
1. The City of Dubuque does
hereby indicate its agreement in
the concept of forming a metro-
politan agency to perform the serv-
, ice of transporting, processing and
D. disposal of Solid Wastes andsre-
lated functions for the City.
I 2. The City Council does here-
by pledge to participate officially
in formation of the Dubuque
Metropolitan Area Solid Waste
Agency and hereby authorize the
Mayor to sign the Intergovern-
mental Agreement creating the
Dubuque Metropolitan Area Solid
Waste Agency on behalf of the
City Council. The Board of Super-
visors and City Council shall joint-
ly meet to review operations once
annually.
3. That the City Council shall
appoint Councilperson Emil Stack -
is to fill the initial one year term,
and Councilperson James E. Brady
to fill the initial three year term
as member of the Agency Board as
stated in the agreement.
This resolution is declared
adopted this 21st day of April,
1975.
COUNCILPERSONS
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thorns
Attest:
Leo F. Frommelt
City Clerk
Councilman Stackis moved adop-
tion of the resolution. Seconded
by Councilman Lundh. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays --None
OFFICIAL
Special Session, April. 21, 1975.
Council met at 7:30 P.M. (C.D.T.)
Present—Mayor Justmann, Cou
oilmen Brady, Lundh, Stackis
Thorns. City Manager Gilbert
Chavenelle,
Mayor. Justmann read the cal
and stated that service thereof had
been duly made and this meeting
is called for the purpose of CON.
DUCTING A PUBLIC HEARING
TO CONSIDER REZONING OF
CITY LOTS 623 AND 624 and act-
ing upon such other business as
may properly come before a regu-
lar meeting of. the Council.
Some discussion was held rela-
tive to the feasibility of using
Medical Associates Building as a
joint facility for Housing City and
County Governmental units. Mayor
Justmann appointed Councilmen
James E. Brady and AIvin E.
Lundh to work with the County
Board of Supervisors to study the
proposal of a joint facility and
to report back within .three weeks.
The Board of Supervisors was
in attendance and voted to approve
the agreement forming a Metro-
politan Agency as amended.
RESOLUTION NO. 99.75
WHEREAS, the City of Dubuque
and Dubuque County in Dubuque
County, Iowa, are interested in re-
solving integrated problems in
solid waste resource recovery and
disposal in said County; and
WHEREAS, the City of Dubuque
and Dubuque County represent
100% of the populous and 100%
of the area of Dubuque County;
and
WHEREAS, there is a need for
cooperative effort in solving the
solid waste problems in Dubuque
County; and
WHEREAS, the formation of the
Solid Waste Agency is an ade-
quate necessity to continue the
coordinate effort over the con-
cerns of Solid Waste; and
WHEREAS, the City and County
must resolve all solid waste prob-
lemsin accordance to the Depart-
ment of Environmental Quality
regulations,
RESOLUTION
WHEREAS, the City of Dubuque
and Dubuque County, in Dubuque
County, Iowa, are interested in re-
solving integrated problems in
solid waste resource recovery and
disposal in said County; and .
WHEREAS, the City of Dubuque
and Dubuque County represent
100% of the populous and 100%
of the area of Dubuque County;
and
150 Special Session, April 21, 1975
WHEREAS, there is a need for
cooperative effort in solving the
solid waste problems in Dubuque
County; and
WHEREAS, the formation of a
Solid Waste Agency is an adequate
necessity to continue the coordi-
nate effort over the concerns of
Solid Waste; and
WHEREAS, the City and County
must resolve all solid waste prob-
lems in accordance to the Depart-
ment of Environmental Quality
regulations.
NOW THEREFORE BE IT RE-
SOLVED BY THE COUNTY OF
DUBUQUE:
1. The county of Dubuque does
hereby indicate its agreement in
the concept of forming a metro-
politan agency to perform the serv-
ice of transporting, processing and
disposal of Solid Wastes and re-
lated functions for the County.
2. The Board of Supervisors
does hereby pledge to participate
officially in formation of the Du-
buque Metropolitan Area Solid
Waste Agency and hereby authorize
the Chairman to sign the Inter-
governmental Agreement creating
the Dubuque Metropolitan Area
Solid Waste Agency on behalf of
the Board. The Board of Super-
visors and City Council shall jointly
meet to review operations once
annually.
3. That the Board of Super-
visors shall appoint Board Mem-
ber Donald C. Meyers to fill the
initial two year term as member
of the Agency Board as stated in
the agreement.
This resolution is declared
adopted this 12th day of May,
1975.
BOARD OF SUPERVISORS
Donald C. Meyers
Wilfred Bahl
Ray Scherrman
Attest:
Harold P. Meloy
County Auditor
INTERGOVERNMENTAL AGREE-
MENT CREATING THE DUBUQUE
METROPOLITAN AREA
SOLID WASTE AGENCY
This agreement is made and en-
tered into by, between the City of
Dubuque, Iowa, and the County
of Dubuque, Iowa (All parties be-
ing. hereinafter called the "City
and County"), which said "City and
County" represent a majority of
the populous comprising the Du-
buque Metropolitan Area.
WITNESSETH:
I.
Creation of the Metropolitan Area
Solid Waste Agency
Pursuant to the provisions of
Chapter 28E, Code of Iowa, 1973,
the City and County hereby form
and create, as a public body cor-
porate and politic and separate
legal entity, the Dubuque Metro-
politan Area Solid Waste Agency
(hereinafter called the "Agency").
H.
Purposes
1. The purposes of the Agency are
as follows:
a) To provide for the economic
transport, processing, and disposal
of all solid waste produced or gen-
erated within each city, town and
that portion of each county as
the Board of Supervisors shall
determine to be part of the metro-
politan area.
b) To cooperate with local, state
and federal public health agencies
in preventing the contamination
and pollution of the land, water
and air resources of the area,
through the control, transport,
processing and disposal of solid
waste.
c) To hire by agreement other
local government agencies to ad-
minister, operate and maintain
facilities and provide offices,
'equipment, machinery, buildings
and grounds as are necessary to
adequately perform the functions
of the Agency.
d) To contract with the cities,
towns and counties, or public cor-
porations for the transport, pro-
cessing, and disposal of solid waste,
and provide for the financing for
such services, and to receive and
expand State, Federal and private
grants and other moneys which
may be made available, to the ex-
tent permissable under applicable
State and Federal laws, and under
the rules hereinafter set forth.
m.
Organization
a) The governing body of the
Agency shall be designated as the
Agency Board (hereinafter called
Special Session, April 21, 1975
the "Board"), whose membershi
shall consist of three membe
two elected councilmen from. t
City of Dubuqueand one elected
supervisor from. the County of D
buque as approved by the body
represents. The term of. appoin
ment shall be for three (3) yea
with initial appointment to on
(1) and three (3) years for th
City of Dubuque members and tw
(2) years for the County member
Appointments shall expire on the
anniversary date of this agree
menti. Members leaving the Board
due to political elections or resig-
nations shall have their unexpired
term filled by the respective City
or County he ' represents in the
same manner. Members may suc-
ceed themselves in office.
b) A quorum of the Board shall
consist of a majority of the entire
Board membership.
e) The Chairman and Vice -Chair-
man of the Board shall be elected
by majority of Board Membership
and shall serve for a term of one
year or until their successors in
office have been chosen.
d) The Board shall hold at least
one meeting each quarter of the
year on dates and at places which
shall be determined by the Board.
Special. meetings may be held at
the call of the Chairman, or ma-
jority of the membership of the
Board.
rs
he
u -
he
t
Ts
e
e
0
s.
e) The Board shall enter into
agreementsby and between the
Agency and oneor more local
governmental agenciesfor the ad-
ministration, operation and main-
tenance of facilities individually
or eolieetively as are necessary to
carry out the functions of the
Agency.
f) The Board shall appoint a
Secretary -Treasurer for the Agency
who shall have the authority,
duties and obligations normally as-
sociated with these offices, includ-
ing but not limited to the receipt
and disbursement of funds and
the preparation and submission of
quarterly and annual financial re-
ports to the Board.
g) The Board may employ legal
counsel.
h) The Board shall cause this
Agreement to be filedwith the
Secretary of State and shall. notify
151
the Secretary of State of the dis-
solution of the same.
IV.
Duration and Agency Status
1. It is the intention of this Agree-
ment that the Agency be a
permanent organization.
2. It is expressly understood that
the Agency is to be operated
not for profit and no profit or
dividend will inure to the
benefit of any person.
V.
Powers
The Agency shall be a public
body corporate and politic and
separate legal entity exercising
public and essential governmental
functions to provide far the pub-
lic health, safety and welfare and
shall have the following powers:
a) To adopt and have common
seal and to alter the same at pleas-
ure.
b) To sue and be sued.
c) To acquire, hold, use and
dispose of the reserves derived
from the operation of its facilities
and other moneys of the Agency.
d) To acquire, hold, use and
dispose of other personal property
for the purpose of the Agency,
e) To acquire by purchase, gift,
lease, or otherwise, real property
and easements therein,necessary
or useful and convenient for the
opere Agency, and to
holdaand ution ofse the same, and to
dispose of property so acquired
no longer necessary for the pur-
poses of this Agency.
f) To accept gifts or grants of
real or personal property, money,
material,labor, or supplies for the
purposes of the Agency, and to
make and perform such agree-
ments and contracts as may be
necessary or convenient in.connec-
tion with the procuring, accept-
ance or disposition of such gifts
or grants.
g) To make and enforce rules
and regulations for the manage-
ment and .operation of its business
and affairsand for the use, main-
tenance and operation of its fa-
cilities and any other of its prop-
erties, and to annul the same.
h) To do and perform any acts
and things authorized by Chap-
ter 28E, Code of Iowa, 1973, and
II�
Hi
1
II
Ij
152 Special Session, April 21, 1975
by this Agreement, under, through
or by means of its officers, agents
and employees or by contracts
with any person.
i) To enter into any and all con-
tracts, execute any and all in-
struments, and do and perform any
and all acts or things necessary,
convenient or desirable for the
purposes of the Agency or to carry
out any powers expressly given
by this Agreement.
j) To cause the transport, proces-
sing and disposal of solid waste
material from the city, county
and any other municipal corpora-
tion pursuant to a service agree-
ment, between the Agency and the
City, County and any other muni-
cipal corporation.
k) To fix, establish and main-
tain such rates, tolls, fees, rentals
orother charges for the services
and facilities df the Agency suf-
ficient to pay at all times the cost
of maintaining, repairing and op-
erating said facilities, to pay the
principal of and interest on bonds
of the Agency then outstanding,
to provide for replacements, de-
preciation and necessary exten-
sions and enlargements and to
provide a margin of safety. All
with the approval of the. City and
County.
1) To make or cause to be made
studies and surveys necessary or.
useful and convenient •to carrying
out the functions of the Agency.
m) To contract with and com-
pensate consultants for profes-
sional services including but net
limited to architects, engineers,
planners, lawyers, accountants,
rate specialists, all others: found
necessary or useful and conven-
ient to the stated purposes of the
Agency.
o) To consult with representa-
tives of Federal, State and local
agencies, departments, and their
officers and employeesand to con-
tract with such agencies and de-
partments.
p) To exercise such other pow-
ers as are available under then
existing law to the City and
County as is necessary or useful.
and convenient to carrying out
the functions of the Agency with-
in the City and County, as such
functions are defined by the serv-
ice contract entered by and be-
Special Session April 21, 1975
153
tween that member City or County
and the Agency.
q) To borrow money, make and
issue negotiable bonds, certificates,
refunding bonds and notes and to
secure the payment of such bonds,
certificates, refunding bonds or
notes or any part thereof by a
pledge of any or all of the
Agency's net revenues and any
other funds which it has a right
to, or may hereafter have the right
to pledge for such purposes, all
with the approval of the govern-
ing bodies of the City and County.
r) To provide in the proceed-
ing authorizing such obligations
for remedies upon default in the
payment of principal and interest
on any such obligations includ-
ing but not limited to, the ap-
pointment of a trustee to represent
the holders of such obligation in
default of the appointment of a
receiver of. the Agency's property
such trustee and such receiver to
have the powers and duties pro-
vided for in the proceeding au-
thorizing such obligations.
s) To enter into agreements by
and between the Agency and local
governmental agencies for the ad-
ministration, operation, repair, and
maintenance of the facilities un-
der controlof the Agency, and
terminate said agreement.
t) To accept grants, contribu-
tions, and to enter into contracts,
leases or other transactions with
municipal, county, state or Fed-
eral Government.
VI.
Financing
1. The Board shall prepare a bud-
get based on fiscal years as
established by the State of Iowa
for the operation of the
Agency to be adopted six
months preceeding the budget
year.
2. The Board shall annually or
at more frequent intervals as
deemed necessary, prepare a
financial statement and sched-
ule changes in rates, tolls,
fees, rentals in other charges
for the services and facilities
under Agency control and for-
ward the same to the City and
County for approval.
3. The Agency shall be financed
wholly through rates, tolls, fees,
rentals, and other charges for
the alervice of the facilities
sufficient 4o pay at all times
the costs of maintaining, re-
pairing and operating said fa-
cilities, to pay the principal
and interest on bonds of the
Agency then outstanding, to
provide for replacements, de-
preciation and necessary exten-
sions and enlargements and to
provide for a margin of safety.
4. Prior to the establishment of
the budget cycle and receipt of
the proceeds from any bond is-
sues what may be issued, the
Agency may obtain such hi-
terim financing asprovided by
law.
Where interim financing is
used such financing shall be
repaid out of permanent fin-
ancing or operating revenues.
Interim financing provided by
the City and County shall be
in balanced amounts determin-
ed by the established formula.
In determining the balanced
amounts, funds spent by the
City or County pursuant to
Chapter 455B of the Code of
Iowa for land and the expense
associated with land purchases,
professional services,studies
and reports and other direct
expenses shall be considered as
part ofthe members contri-
bution bath in determining the
balance and in de'termining the
amount of refund.
5. Any special or budgetary ap-
propriation adopted by the
Agency shall be approved by
the City and County,
VII.
Dissolution
I. The Agency shall be complete-
ly dissolved and this agreement
terminated only upon the af-
firmative- vote of the entire
Board which vote shall specify
the date and time such dissolu-
tion shall be effective which
date and time may be amend-
ed at or before such time but
not thereafter by the same af-
firmative vote of the entire
Board.
2. In the event of such a vote to
completely dissolve the Agency,
any real or personal property
shall be sold prior to the date
and time :aforesaid and the
proceeds pro -rated among the
City and County at the time
of dissolution onthe basis of the
established budget formula ap-
proved by the City and County.
3. Anything herein to the contrary
notwithstanding, the City and
County may not dissolve or in
any way terminate, amend, or
modify in any manner to the
detriment of bondholders this
agreement or any contract for
the service of the Agency if
revenue bonds, or obligations
issued in anticipation of the
issuance of revenue bonds have
been issued and are outstand-
ing. Any revenue bonds for the
payment and discharge of
which, upon maturity or upon
redemption prior to maturity,
provision h a s been made
through the setting apart in a
reserve fund or special trust
account created pursuant to this
agreement to insure the pay-
ment thereof, of moneys suffi-
cient for that purpose or
through the irrevocable segre-
gation for that purpose in a
sinking fund or other fundor
trust account of moneyssuf-
ficient therefore shall be deem
ed to be no longer outstanding
and unpaid within the meaning
of any provision of this Agree-
ment.
VIII.
Manner of Acquiring and Holding
Property
1. The Board may lease, purchase
or acquire by any other means,
from the City and County, or
from any other source, such
real and personal property as it
requires for the operation of
the Agency and the carrying
out of the purposes df this
Agreement. The Board shall
maintain title to all such prop-
erty in the name of the Agency
and shall require the 'Secre-
tary to maintain an inventory.
Property materials and serv-
ices shall be acquired or dis-
posed of only upon a majority
vote of a quorum attending a
duly called Board meeting, pro-
vided, however, that by the
same vote the Board may ex-
pend such funds for the other
authorized purposes of the
Agency.
HI
154 Special Session, April 21, 1975
IX.
Amendment of Agreement
Amendment of the Agreement
shall be by the same procedures
by which this Agreement was ap-
proved and executed.
X.
Arbitration of Disputes Between.
Members
It is agreed that any difference
between the City and the County
concerning disputes, or the inter-
pretation of the provisions of this
agreement shall be referred to a
committee of arbitrators, The City
and County shall each select one
arbitratorand shall notify the
other in writing of the name and
address of the arbitrator selected.
The arbitrators so selected shall
within ten (10) days after .being
notified of their selection, select
a third arbitrator, and after doing
so shall in writing forthwith notify
the City and County of the name
and address of such third arbitra-
tor. The three arbitrators selected
as aforesaid shall immediately pro-
ceed to determine the points of
difference.
CITY OF DUBUQUE
By C. Robert Justmann
Mayor
Attest:
Leo F. Frommelt
City Clerk
COUNTY OF DUBUQUE
By Donald C. Meyers
Chairman, Board of
Supervisors
Attest:
Harold P. Meloy
County Auditor
Communication of Merchants
Mutual Bonding Co. submitting
their Certificate of Authority to
transact its appropriate business of
Fidelity & Surety Insurance, pre-
sented and read. Councilman Stack -
is moved that the communication
be received and filed. Seconded
by Councilman Thorns. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Communication of The United
Cancer Institute Inc.. requesting a
proclamation on National Cancer
Day on September 8, 1975, pre-
sented and read. Mayor Justmann
moved that the communication be
received and filed and the day so
proclaimed. Seconded by Council-
man Thoms. Carried by the fol-
lowing vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Communication of Dubuque Air-
port Commission submitting the
minutes of their meeting of April
10, 1975, presented and read.
Councilman Stackis moved that
the minutes be received and filed.
Seconded by Councilman Brady.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Steads, Thorns.
Nays—None.
Communication of Catholic Moth-
ers Study Clubs of Dubuque ex-
tending congratulations on the
proposal to beautify the City, pre-
sented and read. Councilman Stack -
is moved that the communication
be received and filed. Seconded
by Councilman Brady. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays --None.
Communication of Brice, 'Petrides
& Associates Inc., expressing grati-
tude for being selected consultant
for the Northwest Arterial Project
presented and read. Councilman
Stackis moved that the communi-
cation be received and filed. Sec-
onded by Councilman Brady Car-
ried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
Communication of Ahlers, Cooney,
Dorweiler, All'bee, Haynie & Smith
advising that their firm of attor-
neys has been selected by Bethany
Home to act in their behalf in a
proposed bond issue in the amount
of $1,750,000, presented and read.
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.
Communication. of Planning &
Zoning Commission submitting min-
utes of their meeting of April 16,
1975, presented and read. Mayor
Justmann moved that the minutes
be received and filed. Seconded by
Special Session, April 21, 1975
Councilman Thoms. ^Carried by th
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stack's, Thorns.
Nays—None.
Printed Council proceedings for
the months of January and Febru-
ary, 1975, presented for approval.
Mayor Justmann moved that the
council proceedings be approved
as printed. Seconded by Council-
man Thoms. Carried by the fol-
lowing vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stack's, Thoms.
Nays—None.
Communication of City Manager
recommending no further traffic
control relative to petition of
Vicki Howard on Woodworth Street
as the result of full investigation
by the Traffic Department, pre-
sented and read. Mayor Justmann
moved to refer the communica-
tion to the next meeting pending
notification to Mrs. Howard. Sec-
onded by Councilman Thoms. Car-
ried
by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
April 17, 1975
Honorable Mayor
and City Council
I have approved the General
Liability policy of William Spiegel,
No. GL 13-020818, Grinnell Mutual
Reinsurance Co. from March 9,
1975 to March 9, 1976, and desire
to have your approval of same.
The above named policy has been
approved by City Solicitor Russo
under date of 4-16-75.
Gilbert D. Chavenelle
City Manager
Mayor Justmann moved that
filing be approved. Seconded by
Councilman Thoms. Carried by the
following vote:
Yeas --Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays --None.
April 17, 1975
Honorable Mayor
and City Council
The beautification project pro-
posed by Mr. Payne on Kerper
Blvd. Median from Hawthorne to
Sixteenth Street is a commendable
project.
The cost of this project is $64,500.
The industries along Kerper are
155
e ready to finance this project ac-
cording to Mr. Payne, provided the
City will commit to an expenditure
of $15,730 for Landscaping and
maintain the area after the project
is completed.
Thermolyne has already initiated
this project by removing the sand
from the median and replacing it
with clay along the property they
front.
This project will be overseen. by
Mr. Walter Johnson, Vice President
of Thermolyne. I would like to
commit the City to the landscaping
portion of this project as outlined
on the accompanying estimates.
These plans have been presented
by Mr. White to Mr. Payne for ap-
proval and I believe they are satis-
factory to him and to Mr. Kramer
who will be responsible for the
landscaping project.
Gilbert D. Chavenelle
City Manager
Mayor Justmann moved that the
recommendation be approved. Sec-
onded by Councilman Lundh. Car-
ried by the following vote:
Yeas --Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Honorable Mayor 'April 17, 1975
and City Council
I herewith submit the reports of
the Water Superintendent, Treas-
urer, Health Department, Finance
Director, as well as a list of claims
paid, for the month of March 1975.
Gilbert D. Chavenelle
City Manager
Mayor the
communication Justmann be moved that
and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas --Mayor Justmann, Council-
men Brady, Lundh, Stack's, Thoms.
Nays—None.
Communication of City Manager
submitting a policy statement per-
mitting fireworks display in the
City, presented and read. Mayor
Justmann moved that the com-
munication be received and filed
and policy Councilman Lu adopted.
Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stack's.
Nays—Councilman Thoms.
4
156 Special Session, April 21, 1975
Notice of Claim of Mrs. Wendy
Kelly, in the amount of $1L50 for
personal injuries received in a fall
in the Downtown Plaza on an icy
sidewalk on April 2, 1975, pre-
sented and read. Councilman
Lundh moved that the notice of
claim be referred to the City
Solicitor for proper proceedings.
Seconded by Councilman Stackis.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays --None.
Notice of Claim of Samantha
Kelly, by Mrs. Wendy Kelly her
mother, in the amount of $8.50 for
personal injuries received in a fall
in the Downtown Plaza on an icy
sidewalkon April 2, 1975, pre-
sented and read. Councilman
Lundh moved that the notice. of
Claim be referred to the City Soli-
citor for proper proceedings. Sec-
onded , by Councilman Stackis.
Carried by the following vote:
Yeas --Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
April 14, 1975
Honorable Mayor
and City Council
On March 3, 1975, claim was
filed against" the City of Dubuque,
by Mrs. Harold Schwaegler, Zwin-
gle, Iowa, in the amount of $75.00
and claiming that on February 16,
1975, claimant fell near the corner
of Booth Street and Grandview Ave-
nue as the result of catching her
foot in a strip of street patching
material, which had become loose-
ned.
Thismatter was referred to the
City Attorney who has made an
investigation thereof and finds no
actionable liability or negligence
on the part of the City. It isthere-
fore the recommendation of the
City Attorney that the claim of
Mrs. Harold Schwaegler be denied.
Original claim is herewith re-
turned.
R. N. Russo
City Attorney
Councilman Lundh moved that
the recommendation of denial be
approved. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Proof of Publication, certified to
by the Publisher, of Notice of
Public Hearing to consider rezon-
ing of Lots 623 and 624 from Mul-
tiple Residence District to Business
District Classification, presented
and read. No written objections
were filed previous to the time set
for the hearing. Councilman Thoms
moved that the proof of publica-
tion be received and filed. Seconded
by Mayor Justmann. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Councilman Brady moved to sus-
pend the rules to let anyone pre-
sent address the Council if they so
desire. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays -None.
A representative architect from
Durrant, Deininger, Dommer, Kra-
mer & Gordon submitted a presen-
tation in graphic form of the pro-
posed area to be occupied by
Clinton Federal. Wm. Fuerste of
Clinton Federal Savings Assn. ad-
dressed the Council questioning
"Should it not all be one classifica-
tion in that area of the City".
Affirmation of Planning & Zoning
Commission is desired. Mr. Shel-
don, President of Clinton Federal
stated they want to build some-
thing in conformity with other
buildings in the area.
ORDINANCE NO. 13.75
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
certain property hereinafter de-
scribed from "Multiple Real -
dente District" Classification to
"Business District" Classification,
said Ordinance having been pre-
viously presented and read at the
Council meeting of March24, 1975,
presented for final adoption.
ORDINANCE NO. 13.75
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 3-34,
KNOWN AS THE ZONING OR-
DINANCE AND ZONING MAP OP
THE CITY OF DUBUQUE, IOWA,"
SO AS TO CHANGE CERTAIN PROP-
ERTY HEREINAFTER DESCRIBED
Special Session, April 21, 1975
FROM "MULTIPLE RESIDENCE DIS-
TRICT" CLASSIFICATION TO "BUSI-
NESS DISTRICT" CLASSIFICATION.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
SECTION 1. That Ordinance No. 3-
34, known as "the Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa" be and the same is hereby amend-
ed by changing from "Multiple Residence
District" classification to 'Business Dis-
trict' classification the following describ-
ed real estate, to wit:
City. Lot 623 and City Lot 624
in the City of Dubuque, Iowa.
SECTION 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, approved and adopted this 21st
day of April, 1977.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 24th day of
April 1975.
Leo P. Frommelt
City Clerk
It. 4-24
Councilman Thoms moved final
adoption of the Ordinance. Second-
ed by Councilman Lundh. Carried
by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Honorable Mayor
and City Council
I attach a copy of "A Bill for an
Ordinance Adopting a Code of
Ethics for the Public Service of
the City of Dubuque", which was
submitted to you as a part of the
minutes of the November 27th
meeting of the Dubuque Advisory
Commission..
It is my understanding that you
may discuss the Code Monday eve-
ning, April 21st. I believe it my
duty to present to you the follow-
ing comments:
1. The proposed Code does not
seem to enhance the worth of
municipal work and office.
2. The proposed Code is redund-
ant. There already exist governing
statute and oath of office. For
April 18, 1975
157
example, Dubuque City officers
solemnly swear to faithfully and
impartially discharge all of the
duties of office.
3. The procedure before a Board
of Ethics, outlined in the Code,
does not protect the rights of indi-
vidual officers and employees.
Several weeks ago Mr. Murray
sent copies of the Code to the de-
partment heads to give City em-
ployees an opportunity to comment
on the Ordinance. A limited num-
ber of replies were received. Here,
in briefed form, are some of the
statements:
.. I would object to: presenting
my interpretation of the facts at
issue in an open meeting.
. Being guided by advisory
opinion appears to mean unqual-
ified acceptance.
The difficulty with the Board
of Ethics is an attorney member
employed by the Council, a Per-
sonnel Director member employed
by the City Manager and a lack of
confidentiality.
.. I disagree strongly with the
cloak of a Code of Ethics—they
should simply refer to such legisla-
tion as legislation for `Rules and
Regulations." I feel that the City
of Dubuque does not need this
type of legislation.
. Speaking as a department
head, I have recognized that the
public interest must be the pri-
mary concern. This has always
been our policy.
These comments and statements
are at variancewith the proposed
Code. They are made, however,
with a recognition of the work of
the Advisory Commission and with
an understanding of their Code
purpose.
Gilbert D.Chavenelle
City Manager
Mayor Justmann moved to RE-
JECT the proposed "Code of
Ethics" as submitted. Seconded by
Councilman Brady. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Thoms.
Nays --Councilman Stackis.
April 18, 1975
Honorable Mayor
and City Council
I am returning to you the peti-
tion of Ronald Weydert and others
1'
158 Special Session, April 21, 1975
far stop signs at Foothill Road and
Keyway Drive.
The Traffic Committee recom-
mended that the intersection of
Hillcrest Road and Keyway Drive
be made a four way stop instead of
the intersection at Foothill Road.
I submit a copy of a letter from
Chief O'Brien in support of this
recommendation.
Gilbert D. Chavenelle
City Manager
Councilman Thoms moved that
the communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following
vote:
Yeas -Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
ORDINANCE NO. 14-75
An Ordinance Amending Ord-
inance No. 33-49 known as the
"Traffic Code of Dubuque, Iowa"
a5 amended by adding a new
Subsection 22 to Section B of
Schedule 111 thereof to provide
that Northbound and South-
bound vehicles on Keyway Drive
must stop before entering the
intersection of Hillcrest Road,
presented and read. Councilman
Thorns moved that the reading just.
had be considered the first read-
ing of the Ordinance. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Councilman Thoms moved that.
therule requiring an Ordinance
to be read on three separate days.
be waived. Seconded by Mayor.
Justmann. Carried by the following
vote:
Yeas -Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
ORDINANCE NO, 14-75
AN ORDINANCE AMENDING OR-
DINANCE Na 33-49 KNOWN AS
THE "TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED BY ADDING
A NEW SUBSECTION 22 TO SEC-
TION B OF SCHEDULE III TFIEREOF
TO PROVIDE THAT NORTHBOUND
AND SOUTHBOUND VEHICLES ON
KEYWAY DRIVE MUST STOP BEFORE
ENTERING THE INTERSECTION OP
HILLCREST ROAD.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
SECTION I. That Ordinance No. 33-
49 known as the "Traffic Code of Du-
buque, Iowa" as amendedbe and the
same is hereby amended by enacting a
new subsection 22 to Section B of Sched-
ule III thereof as follows:
"Schedule III
B. Northbound and southbound ve-
hicles must stop before entering:
22. Hillcrest Road and Keyway
Drive."
Passed, approved and adopted this 21st
day of April, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoma
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 24th day of
April 1975.
Leo F. Frommelt
City Clerk
It. 4-24
Councilman Thoms moved final
adoption of the Ordinance. Second-
ed by Mayor Justmann. Carriedby
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None.
Petition of Robert L. Reisch et
al (76 signers), Janlin Plastic Em-
ployees, clarifying a statement
made at the meeting of April 14th,
relative to a notice posted on the
plant bulletin board which seems
to be untrue, and requesting that
the matter be reopened, presented
and read. Councilman Thorns
moved that the petition be re-
ceived and filed. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas -Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None,
Petition. of Wayne Motor Sales
requesting purchase of approx.
one-half acre of part of Lot 1 of
Sears Roebuck Sub. No. 2, pre-
sented and read. Councilman
Thorns moved that the petition be
referred to the City Manager and
Staff. Seconded by Councilman
Brady. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
Special Session, April 21, 1975
Petition of .Councilman Lu
requesting Councirs considrat
for the formation of. a Rehabil
tion Housing Commission, prese
ed and read. Councilman Lund
moved that the petition be refer
to Staff for refinement and
come habit in final form at an
propriate time. Seconded by Co
Gilman Stackis. Carried by t
following vote:
Yeas—i
men Brady, aLundh, Stackis, Tho
Nays—None. --
Petition of Peopled Natural G
Co. requesting permissionto exca-
vate
ion: Loras, N. ^;Grandview an
Rhomberg to repair leaks and. pro-
vide
cathodic protection, present
and :'read Councilman Thom
moved .that :tthe`-�petition be,l:ap
proved subject to the approval o
the City Engineer.. Seconded b
Mayor Justmann. Carried by th
following vote:
Yeas—Mayor Justmann; Council-
men Brady, Llindh,' Stackis, Thorns.
Nays—None,
Petition 'of 'St:'John's•'Episcopal
Church requesting a demolition'per-
mit: to�l.demolish the' house at 1458
Locust Street, presented and read.
Father Kiohnand Dr. Lytle spoke
in (behalf :et St. John's Episcopal
Church's petition: Connell/nen
Thbms,moved that' the permit be=
denied pending a reportfrom Ad
Hoc Advisory -Committee later:
than: April ,25th._ Seconded .by:
Mayor Justmann. Carried by the
following vote:
Yeas. -,Mayor Justmann,. Council -i
men Brady, Stackis,:Thorns.:
Nays—None.
h.
Petition of Du ugque $ cenan t nnial
Committee requesting to address
the Council to' discuss a plan of
action and.the City's Commitment
to participate in the next. year and
onress-
edothelt Dennis Council andupres prghton esented two
budget proposals. Mayor Justmann
moved that Budget Alternate One
be adopted and to beAshared
equally with the County. Seconded
by Councilman Lundh. Carried by
the' following vote:
Yeas -=-Mayor Justmann, Council
men Brady, Lundh;' Stackis, Thorns.
Nays—None.
RESOLUTION: NO. 100.75
WHEREAS;' on the 18th day of
November:1974, the City Council
159
ndh of Dubuque, Iowa,' passed, adopted
ion : and apprpvedResolution-No. 386-74
ita approving ,the plat .:of'•B1ock. 1,
nt- Block 2 and Block _3 in Timber
h Ridge Addition in the Cit
reu-
d euque, Iowa, subject. toycerof an
ato . tion' tans set. forth in said Resolu-
un-'. WHEREAS,. Section. 3 of said
he Resolution .provided. that Richard
C. Henschel and Mildred L...Hen-
il-! schel provide security as required
Thorns in Section 2 of,. said Resolution
within 45r days,• from: the date of
Gas , said Resolution; and
' WHEREAS, the said Richard C.
d Henschel. and Mildred L. Henschel
have posted the required security,
ed but due to conditions beyond the
Thoms control of the` City; ;said security
Was not posted within the required
f' 45. days from date' of Resolution
y No: '386-74:'
the NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF DUBUQUE, IOWA:.
Section I. That the security
posted - by Richard C. Henschel. and
Mildred L. Henschel to .secure per-
formance of ,provisions of Section
2 of Resolution No. 386-74 be and
the same is hereby approved,and
thefailure of Richard C. -Henschel
and Miidred L. Henschel to post
the required security within 45
days of November 18,'1974,'be'and
the same is hereby waived:'
Section2. That the terms and
provisions set forth in Resolution
No. 386-74 be and the same re-
ffiaft in force and effect as though
therequiredsecurity had been
posted within the 45 day period as
set out.dn said -Resolution,
Section. S. That the undersigned
Richard C. Henschel. and. Mildred
L. Henschel execute the acceptance
hereto attached accepting the
termsandprovisions of Resolution
Nd. 386,74 and the terms and pro-
visions of Resolution No. 100-75.
Passed, adopted and approved
this 21 day. of April. 1975.
C. Robert.,Justmann.
Mayor
Alvin E. Lundh.
Emil Stackis
James .E...Brady
.
Allan T, Thorns
Councilman
Attest:
Leo : F,-Frommelt
City Clerk
til
11i
i1.
160 Special Session, April 21, 1975
ACCEPTANCE OF
RESOLUTION NO. 386-74
AND RESOLUTION NO. 100-75
We, the undersigned, Richard C.
Henschel and Mildred L. Henschel
having read the terms and con-
ditions of Resolution No. 386-74
and Resolution No. 100-75, and
being familiar with the contents
thereof hereby accept the same and
agree to perform the conditions re-
quired therein.
s/ Richard C. Henschel
s/ Mildred L. Henschel
Councilman Thoms moved adop-
tion of the. resolution. Seconded
by Mayor Justmann. Carried by the
following vote:
.Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays -None.
February 25, 1975
Honorable Mayor
and City Council
This is to advise you that the
1973 Storm Sewer Improvement, in
various locations in the City of Du-
buque, Iowa, has been completed
substantially in accordance with
plans and specifications by M. F.
Goerdt Construction Company, of
Dubuque, Iowa.
Gilbert D. Chavenelle
City Manager
Mayor Justmann moved that the
communication be received and
filed. Seconded by Councilman
Lundh. Carried by the following':
vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.'.
Nays—None.
FINAL ESTIMATE
Resolution No. 101-75
WHEREAS, the contract for the
construction of 1973 Storm Sewer
Improvement Program has been
completed and the City Engineer
has submitted his final estimate
showing the cost thereof including.
the cost of estimates, notices, in-
spection, and preparing the plat,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$247,063.62.
That None of the cost thereof
shall be assessable upon private
property and $247,063.62 shall be
paid from the Storm Sewer Bond
Issue; Sanitation & Golf Fund of
the City of Dubuque.
Passed, adopted and approved
this 21st day of April, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Mayor Justmann moved adoption
of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None,
(A. Resolution Accepting
Improvement)
RESOLUTION NO. 102.75
WHEREAS, the contract for the
construction of 1973 Storm Sewer
Improvement Program has been
completed and the City Manager
has examined the work and filed
his certificate stating that the
same has been completed accord-
ing to the terms of the contract,
plans and specifications and rec-
ommends its acceptance, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted as required by
law.
BE IT FURTHER. RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of Storm
Sewer bonds issued upon the above
described improvement in amount
equal to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 21st day of April, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Special Session, April 21, 1975
Attest:
Leo F. Frommelt
City Clerk
Mayor Justmann moved adoption
of the resolution- Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms,
Nays -None.
RESOLUTION NO. 103-75
WHEREAS, Dominic W. Good-
mann was elected to public office
as a member of the Park Board by
'a substantial vote of the electorate
commencing his first term on the
24th day of April, 1963; and
WHEREAS, Dominic W. Good-
man has displayed, as a member
of said Park Board, a devotion to
the development of the City parks
and to the greater and wider use
thereof by all the inhabitants of
this community as well as by the
`visitors to this community; and
WHEREAS, during the term of
said Dominic W. Goodmann,
through hisrelentless efforts and
conscientious devotion to his
duties, the park system of the City
of Dubuque, Iowa, has enjoyed a
singular and outstanding growth
to such an extent that the park
system of the City of Dubuque,
Iowa, is looked upon with pride by
those who live within this com-
munity, and by those who enjoy
the use thereof; and
WHEREAS, Dominic W. Good -
mann resigned his office of Park
Commissioner on the 9th day of
April, 1975, and that said resigna-
tion should be regretfully accepted.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1: That the resignation
of Dominic W. Goodmann as a
member of the Park Board of the
City of Dubuque, Iowa, be and the
same is hereby regretfully ac-
cepted.
Section 2: That the City Council
of the City of Dubuque commends
Dominic W. Goodmann to the in-
habitants of this community as a
faithful and loyal servant who has
served his community well and has
displayed an uncommon devotion
to the duties of hisoffice, and that
the City Council further officially
161
expresses its grateful thanks on
behalf of the inhabitants of this
communityto the said Dominic W.
Goodmannfor a splendid and out-
standing tour of duty in the ser-
vice of his fellow man in this com-
munity.
Section 3: That a certified copy
of this Resolution be delivered to
Dominic W. Goodmann.
Passed, approved and adopted
this 21st day of April, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Justmann
ofthe Mayor resolution.mSecon eoved d badoption
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thoms.
Nays—None-
RESOLUTION NO. 104-75
WHEREAS, May 3, 1975 to May
11, 1975 has been designated as
"Beautify Dubuque Week" and the
entire month of May has been
designated as "Beautify Dubuque
Month"; and
WHEREAS, such project has
called upon the vast personal res-
ources of the inhabitants of this
community to respond in making
such event a success; and
the City
the City of Iowa, cil of
does
wholeheartily endorse said civic
effort; and
WHEREAS, tCouncil
the City o Dubuque, Iowa, desires
to formally go on record in com-
mitting its spiritual assistance to
the end that said project may en-
joy a City-wide acceptance and
participation.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL,
CITY OF DUBUQUE, IOWA;
Section 1: That the City Council,
City of Dubuque,does hereby pro-
claim the week of May 3, 1975 to
May 11, 1975, inclusive, as "Beaut-
ify Dubuque Week," and that it
does hereby designate andestablish
162 Special Session, April 21, 1975 i ` Specials Session,. April 21, X1975 183
the month of May as "Beautify
Dubuque: Month."
Section 2: That the =City -Council,
City of. Dubuque, Iowa,urges every
citizen.: and inhabitant of this com-
munityto join inthis worthwhile
project and to participatein.tnis
communityevent: to the end.. that
each, one, may takea. vital share in
the beautification of this commun-
ity..
Section 3: That the City Council
does formally go on rccord in com-
mitting its spiritual support to this
vast community effort and encour-
ages'alI inhabitantsof this com-
munityto lend whatever assistance
is necessary to make this effort of
nationwide significance.
Passed, approved and adopted
this 21st day of April, 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Attest: Councilmen
Leo F. Frommelt
City Clerk
Mayor Justmann moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
fallowing vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
RESOLUTION NO. 105-75
WHEREAS, applications for Li-
quor Licenses have been submitted
to this •Coundil for approval and
the same have been examined,.
NOW. THEREFORE BE IT RE-
SOLVED by the City .Council: of
the City of Dubuque, iowa, that the
following applications be approved
and licensesissued upon -the. .com-
pliance with the, provisions of
Chapter 131, Acts of the First
Regular' Session, 64th General
Assembly.
CLASS "Cs* (COMMERCIAL)
BEER "AND LIQUOR LICENSE
William Alfredo, Jr.,- &'..Robert E.
KIauer; Dungeon, Ltd, 302 Locust
Street
Dorothy'.Hentges, )73c -Drop -.Inn,
2412 Central. Avenue
Mary A. Miller, Packy's. Tap &
Grill, 7011 East tSth'Street
Knights of Columbus Council #610
(also Sunday Sales); 781 Locust
Street
Passed, adopted and approved
his 21st day of April 1975:
C. Robert Justmann
Mayor
Alvin E- Lundh
Emil Stackis
James E. Brady
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns: moved dop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by_ the
following vote:.
Yeas—Mayor Justmann, Council-
men Brady,. Lundh, Stackis, Thorns.
Nays --None.
RESOLUTION NO. 106.75
WHEREAS, applications for Li-
quor Licenses were filed by the
within named applicants and' they
have received the approval ot 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
0rdinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT -RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
William Alfredo, Jr., & Robert: E.
Klauet, Dungeon, Ltd., 302 Locust
Street
Dorothy, Hentges, Do -Drop -Inn,
2412 central Avenue
Mary A. Miller;.Packy's Tap & Grill,
700 East 10th Street
Knights of Columbus . Council #510
.'(also .,Sunday- Sales), 791, Locust
Street
Passed, adopted and approved
this':2,1st day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil
Stackis
James E. Brady
Allair T. Thoms
Councilmen
Attest:
Leo' F. Frommelt
City Clerk
CouncilmanThoms moved adop-
tion'of the resolution Seconded:: by
Councilman Laaidh. Carried by the
following: vote:
Yeas—Mayor Justmann'; Council-
meit.BradyAundh, Stackis, Timms.
Nays -None.
At 10:20 P.M. Councilman Thorns
moved • to go into Executive Session
td discuss appointments to various
Boards ;and. Commissions. Seconded
by Mayor. Justmann, Carried by the
following , vote:
Yeas—tiMayor;.Justmann, Council-
men ;Brady, .Lundlt, Stackis, Thorns.
Nays—None.
Council reconvened in Regular
Session at 10:29 P.M,.-At.that :time,
Councilman Stackis moved the fol-
lowing appointments: James Rich-
ard reappointed to, Board af. Zoning
Adjustment; term expiring' March
51 1980;. Howard 0. Hagen, term
expiring June 1, 1977 and T. Paul
Milhrandt; termexpiring June 1,
1970;, to. the Advisory Commission;
1 Wtilian' Rettig. Mid Gerald Gay, to
Beard of Appeals for the Building
Code to serve remainder of a two
Lyeareterm to December 31; 1975.
Seconded by Mayor Justmann, Car-
ried: by the following vote:.
YeasMayor Justmann, Council-
men.Brady, Lundh, Stackis, Thorns.
Nays—None.
There, being no: further business,
Councilman. Timms moved to ad-
journ to April 25,1975 at 4:30 P.M.
Seconded, by -Mayo;r,Justmann. Car-
ried by;the .following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh,. Stackis, Thorns.
Nays—None.
Leo F. Frommelt
City Clerk
Approved 1975
Adopted 1975
Attest:
Comte en
City` Clerk
164 Adjourned Special Session, April 25, 1975
CITY COUNCIL
OFFICIAL
Adjourned Special Session, April
25, 1975.
Council Met at 4:30 P.M. (C.D.T.)
Present—Mayor Justmann, Coun-
cilmen Lundh, Stackis, Thoms. City
Manager Gilbert D. Chavenelle.
Absent—Councilman Brady at
Roll Call.
Mayor Justmann read the call
and stated that service thereof had
been duly made and this is AN
ADJOURNED MEETING OF APRIL
21, 1975, called for the purpose of
CONSIDERING A REQUEST BY
ST. JOHN'S EPISCOPAL CHURCH
FOR A DEMOLITION PERMIT and
acting upon such other business as
may properly come before the
meeting.
At 4:33 P.M. Councilman Thoms
moved to go into Executive Session
to discuss appointments to various
Boards and Commissions. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thoms.
Nays—None.
Absent—Councilman Brady.
COUNCILMAN BRADY ENTER-
ED TIIE COUNCIL CHAMBERS
AT 4:55 P.M.
Council reconvened at 4:55 P.M.
Mayor Justmann made the follow-
ing appointments: Advisory Com-
mission: Steven McGrath and Judi
Wagner, term expiring June 1,
1976; Board of Appeals - Building
Permits: Donald G. Schroeder, re-
mainder of two year term to Dec-
ember 31, 1975; Cable -TV Advisory
Committee: Charles Ellis, James
Reiner, Thomas Faulkner, Don
Allendorf, William Conzett, Wil-
liam Alfredo and Karen Ryker.
Councilman Thoms moved ratifica-
tion of the appointments. Seconded
by Councilman Stackis. Carried by
the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
Communication of St. John's
Episcopal Church requesting a
demolition permit to be able to
demolish the house at 1458 Locust
Street, presented and read. Upon
report of the Historic Preservation
Ad Hoc Advisory Committee, Mayor
Justmann moved- that the permit
be granted. Seconded by Council-
man Thoms. Carried by the fol-
lowing. vote:
Yeas—Mayor Justmann, Council-
men Brady, Stackis, Thorns.
Nays -None.
Abstain—Councilman Lundh.
Mayor Justmann moved that the
City Solicitor be directed to draw -
up an Ordinance pertaining to
"No Smoking on City Busses".
Seconded by Councilman Thorns.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
RESOLUTION NO. 107.75
BE IT RESOLVED by the City
Council of the City of Dubuque,
Iowa, that the following having
compiled with the provisions of
law relating to the sale of Cigar-
ettes within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers
within said City.
LaVon Scull, Bonnie's Brunch, 1296
Central Avenue
Passed, adopted and approved
this 25th day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Councilmen Brady, Lundh,
Stackis, Thorns.
Nays—Mayor Justmann.
RESOLUTION NO. 108-75
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 grant-
ed and permits issued upon the
compliance with the terms of the
Ordinances of the City.
Adjourned Special Session, April 25, 1975 165
CLASS "B" BEER PERMIT
Herbert F. Bisping, City Tavern,
1401 Elm Street
Passed, adopted and approved
this 25th day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thoms
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
RESOLUTION NO. 109-75
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 following
named applicants a Beer Permit.
CLASS '113" BEER PERMIT
Herbert F. Bisping, City Tavern,:.
1401 Elm Street
Passed, adopted and approved
this 25th day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Councilman Thorns moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
RESOLUTION NO. 110.75
WHEREAS, applications for Li-
quor Licenses have been submitted
to this Council for approval and
the same have been examined,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa, that
the 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
Assembly,
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Joyce L. Moeller, - "Oriole Oasis"
1604 Central Avenue
Passed, adopted and approved
this 25th day of April 1975,
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
James E. Brady
Allan T. Thorns
Councilmen
Attest:
Leo F. Frommelt
City Clerk
I'.
II
Councilman Thorns moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stackis, Thorns.
Nays—None.
RESOLUTION NO. 111-75
WHEREAS, applications for Li-
quor Licenses were filed by the
within named applicants and they
have received the approval of this
Council, and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the State Law and all City
Ordinances relevant thereto and
they have filed proper bonds,
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager
be authorized to cause to be issued
to the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Joyce L. Moeller, "Oriole Oasis",
1604 Central Avenue
166
Adjourned SnecialSession, Apiti 25,,.1975
Passed, adopted''and approved
this 25th day ,of April 1975.:.
C. Robert- Justmann-
Mayor
Alvin E. Lundh+
Emil Stackis
James E. Brady
Allan T. Thorns
Councilmen;
Attest:
Leo F. Frommelt
City Clerk,<<
Conrcncilnian Thorns moved !adog6-
Hon of the resolution. Seconded by
Councilman Lundh. Carried by the
folloWing"vote:'"
Yeas—MayorJustmann, Council-
men.Brady, tundh,`u"tackis, Thorns.
Nays—Neter
Therebeing no further business,
Councilm'an+Stackis moved to ,ad-
journ. -Seconded- by Councilman
Thorns,. Carried by the following
vote: .
Yeas—Mayor Justmann, Council-
men Brady, Lundh, Stack's, Thoms.
Nays—None, .,
Leo F. Frommelt
City Clerk
Approved
Adopted
1975.
1975.
:,SRegia1 !Session;,AprIl±g8„1975 f4e7
d'Cff t CPUNCJL
OFFICIQL
-,Special -Sessions April 18, -197$
'�CouftlILMet.at7:39 (C.D.T.)
Rresent-+-Mayor Justmann; Coun•
Gilman Lundh, Stackls,=Thome. Cit
x',Meneger'GiIbart D. Chavenelle.
Absent4aCoundilman- Brady
r
'MayoJustmann--read the call
and stated that -service thereof had
-„been^�duly •made • arid' this. •meeting
•r is�aalled! for;the !PURPOSE OF
saBU
.1ACTINGa+UPON tSUCH"SfNESs
,p."ASS; MAYr sPROP ERL Yt COME-, -�1313- FORE THEJME'ETING,
' Commlinication;of Board of Dock
Commissioners submitting minutes.
of their, meetings +Of;March r20 and
-Apr1169,71975, presented and read.
Couneilman^Thorns moved_that the
minutes be received and :filed.
Seconded by, councilman "'Stackis.
-Tattled _by;the -fSllowing vote:
"YeasMayor'Justmann Council-
men Lundh,^ Stackis,,!rbpms,
Nays: None,
Absent-'-Couneilman Brady.
GSlnupnnjeation ,oft Iowa ..T�epart-
Anent„of ,Environmental ,.,,Quality.
submitting,a report .of,an investiga-
w. Lien, et:the- Wastewater <Treatment
Rlant-which�is„working at a high
level and the, operation and main-
tenance program.isadequate, pre-
sented - and ; read. , Councilman
"VThoms moved' that the comninuica-
tion-be received; and Med, _Second-
--ed by' Councilman"Stackis:' Carried
by the following vote:
Yeas..�,lifayox Justniann,Council-
men' Lundh;' Steals,' Timms.
Nays—None.
-Absent=-Couneilman Brady.
O.Rmmunioation. of; Area One Vo-
ratiQnakTeelinieal, .School looking
for gity:,pwned,land_that;can,be
ad!..for„ garden., plots non a,:rental
-basis,also: that, private citizens may
. have -lots: -available,,:. presented.. and
„r nd-Mayor,J,ustmann -melted, that
the -QQmmunieation bereferredto
a the.gity ;Managerfor report. -Sec-
. .muted,; by; Councilman Lundh,.--Car-
ried by the following, vote:
Yeas—Mayor Justmann„ Ceuncil-
men;.,L9nd1t,.Steekis, Thorns.
Nays—None,
A sentYCeugeilman-Brady,
Jmmmunication of, Ms. :Sharon
rnarr ',submitting reports ofthe.
.study ;committee on City-Couuty
Bealth ,,Department- merger, pre-
sented and read. .Councilman
Steals moved to suspend the: rules
to let anyone present xaddress *,the
Council if they so;:desire. Seconded
by Mayor,Justmann.; Carried by the
y
folloWing I vote:
Yeas --Mayor Justmann, Council-
men Lundh,::::Staekisi -Thorns.
Nays—None,
Absent --Councilman -Brady.
Dr. Howell, SharonBarr and Art
Roth -spoke relative to t the com-
munication -and report:Mayor-Just-
'ntann•moved •that •theeommunica-
tion hbe-'received and ;filed --and
recommendation v of Study 'Com-
mittee Abe -implemented: Seconded
by! Councilman Thoms;t carried -by
the -following -vote:
YeasaJtallayor Justmann,.Council-
men•Lundh, Stackis,oThoms:
Nays- None,
.../Absent°-;. Couneilman-Brady.
CouncilmanThorns further.moved
that the..report be referred to the
`City' Manager - and Staff for con-
sideration and report. Seconded by
Councilman Stackis,' Carried- by the
following vote:
-Yeas—Mayor Justmann; Council-
= -men Lundh, Stackis;-'lThoms.
Nays-1—None.
Absent=i-Councilman'+Brady,
Communication of: Low -Rent
Housing i .Commission submitting
minutes of their meeting of April
15,. 1975, presented and read.
_Councilman Thorns moved that the
minutes be - received_ and filed, :Sec-
onded by Councilman; Stackis: Car-
ried,bythe ,following vote:
:Yeas—Mayor Justmann, Council-
men _ Lundh,-;,Steals, : horns.
Nays= -None,
Councihhen'.
Attest:
City :Clerk
Absent=Couneilman Brett.
Communication of,Citisens; Ad-
visyry.Cemmissien,submitting min-
utes of their .meting of:_April ,22,
1975,,pxosented.And ,:read. Council-
man Thorns moved :that the minutes
be,received and filed,. Seconded by
Councilman Stackis., Carried by,:the
following vote:
Yeas.-Mayor,Justnilann,. Council-
..inen.Luudh, Stackis,Thoms.
Nays—None-
„Absentt—C,muncilman Brady.
Proof of Publication, certified to
by the Publisher, -of Statement of
Receipts and !Disbursements;: also
!I�
168 Special Session, April 28, 1975
List of Claims for March, 1975, pre-
sented and read. Councilman Thorns
moved that the proof of publica-
tion be received and filed. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thoms.
Nays—None.
Absent—Councilman Brady.
April 24, 1975
Honorable Mayor
and City Council
At your meeting you received a
communication from the Illinois
Department of Transportation about
Indirect Source Regulation of air
pollutants. You instructed me to
send a copy of this report to the
Iowa Department of Environmental
Quality and request information as
to the development of local stand-
ards for the state of Iowa, ;
I attach a copy of a letter re-
ceived from Mr. Stanek, Director
of the Air Quality Management
Division.
Gilbert D. Chavenelle
City Manager
Mayor Justmann moved that the
communication of City Manager be
received and filed and a copy of
communication received from Mr.
Stanek be sent to area legislators.
Seconded by Councilman Thoms.
Carried by the following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thoms.
Nays—None.
Absent—Councilman Brady.
April 22, 1975
Honorable Mayor
and City Council
I.have appointed Merle A. Vier -
tel and Robert L. Mond as members
of the Heating, Ventilating, Air -
Conditioning and Refrigeration
Board for three year terms begin-
ning March 15, 1975.
I request your confirmation of
these appointments.
Gilbert D. Chavenelle
City Manager
Councilman Thoms moved that
the communication be received
and filed and appointments ap-
proved. Seconded by Mayor Just -
mann. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thoms.
Nays—None.
Absent—Councilman Brady.
April 23, 1975
Honorable Mayor
and City Council
I have approved the Sidewalk
Construction Bond of Patrick 1'.
O'Dowd, Bond No. 55-54096, issued
by United Fire & Casualty Co,
dated April 1, 1975.
I desire to have your approval
of same for filing purposes.
Gilbert D. Chavenelle
City Manager
Councilman Thorns movedthat
the communication be received and
filed and filing approved. Second-
ed by Councilman Stackis. Carried
by the following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thoms.
Nays—None.
Absent—Councilman Brady.
April 24, 1975
Honorable Mayor
and: City Council
I am returning the notice of the
Federal Aviation Administration
concerning a proposed heliport at
Mercy Medical Center.
The staff has reviewed the pro-
posal and I attach a copy of my
letter to the federal agency in
which I have listed their com-
ments. I have also sent a copy of
the letter to Mercy Medical Center.
Gilbert D. Chavenelle
City Manager
Councilman Thoms moved that
the communication be received
and filed. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thoms.
Nays—None.
Absent—Councilman Brady.
Notice of Claim of Charles Nien-
steadt, in the amount of $378., for
personal property damage incurred
as the result of a leaky water
meter after installation at 2230
White St. on April 16, 1975, pre-
sented and read. Councilman Lundh
moved that thenotice of claimbe
referred to the City Solicitor, for
proper proceedings. Seconded by
Mayor Justmann. Carried by the
following. vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thoms.
Nays—None.
Absent—Councilman Brady.
Notice of Claim of Marcia K.
Clark, in the amount of $78.96, for
Special Session, April 28, 1975 169
car damage incurred as the result
of a parking ramp gate operating
improper at the Iowa Street Park-
ing Ramp on April 8, 1975, pre-
sented and read. Councilman Lundh
moved that the notice of claim
be referred to the City Solicitor
for proper proceedings. Seconded
by Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thorns,
Nays—None,
Absent—Councilman Brady.
Notice of Suit of Stella L. Reuter,
in the amount of $35,000., for per-
sonal injuries received in a fall on
a defective sidewalk at 1610 Lin-
coln Avenue on February 1, 1975,
presented and read. Councilman
Lundh moved that the notice of
suit be referred to the City Solicitor
for proper proceedings. Seconded
by Mayor Justmann. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thoms.
Nays—None,
Absent—Councilman Brady.
April 21, 1975
Honorable Mayor
and City Council
On February 21, 1975, claim was
filed on behalf of Julie Kay Aven-
arius, 2980 Oak Crest Drive, Du-
buque, by. Mrs. Milton Avenarius,
Jr., claiming that Julie Kay Aven-
arius received a broken right arm
on January 23, 1975, as a result of
a fall on the ice at Comiskey Skat-
ing Rink, and alleging another
skater tripped her.
This matter was referred to the
appropriate City agency who has
made an investigation thereof and
finds no liability on the part of the
City for this incident. In view of
the foregoing, it is the recom-
mendation of the City Attorney
that the claim of Julie Kay Aven-
arius be denied.
Original claim is returned here-
with.
R. N. 'Russo
City Attorney
Councilman Lundh moved that
the communication be received
and filed and recommendation of
denial be approved. Seconded by
Mayor Justmann. Carried by the
following vote:
Yeas–Mayor Justmann, Council-
man Lundh, Stackis, Thorns.
Nays—None.
Absent—Councilman Brady.
Honorable Mayor April 23, 1975
and City Council
On February 25, 1975, notice of
claim for injury was filed on be-
half of Mrs. Vaughn Radabaugh,
623 West Eighth Street, Dubuque,
by her attorney claiming damages
in the amount of $10,000.00 and
alleging said claimant received per-
sonal injuries on or about January
4, 1975, as the result of a fall on
City owned steps along the north
side of West Eighth Street ad-
jacent to the residence known as
623 West Eighth Street.
This matter was referred to the
City Attorney who has made an
investigation thereof and finds that
the point of the i
was at or about the steps abutting
the premises occupied by the
claimant and finds no actionable
negligence on the part of the City
of Dubuque. It is therefor recom-
mended by the City Attorney that
said claim of Mrs. Vaughn Rada-
baugh be denied.
Original notice of claim is re-
turned herewith.
R. N. Russo
City Attorney
Councilman Lundh moved that
the communication be received and
filed and recommendation of denial
be approved. Seconded by Mayor
Justmann. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thoms.
Nays—None.
Absent—Councilman Brady.
Honorable Mayor April 23, 1975
and City Council
On May 7, 1975, petition was
filed in the District Court of Iowa
in and for Dubuque County, Iowa,
being Law No. 40190 wherein Judy
A. Kramer was plaintiff and City
of Dubuque and Dubuque County,
Iowa, were named defendants, and
praying for damages for wrongful
retention of plaintiff's automobile
in the amount of $2,610.00 plus
$10.00 daily storage charges and
punitivecharges in the amount of
$30,000.00.
ill
17b1 Special Session, April "28,-1975?
This matter was referred to the
City Attorney's! office who - inter-
posed the appropriate', defenses
therefor, Said 'matter hag ban
compromised and settled and the
plaintiff has filed- dismissal with
prejudice in said Court and this
closes the matter.
Original- Petition is returned
herewith; R. N. Russo,+
City Attorney
CouncilmanLundh: moved that
the • communication be received and
filed: Seconded -,by Mayor:-Just-
mann,-- Carried by the following
votes
Yeas—Mayor: Justmann; Council-
men Lundh,
ouncil•menLundh,-Stackis, Thorns:'
Nays—None,
Absent—Councilman Brady:.
Petition of Richard D. Mills et
al making inquiry as to why there•
never has been a sidewalk- on, the
east -side of White. -Street adjoin
int Eimer's Florist in the 2800-
block, presented=andread. Council-
man Lundh moved that the petition'
be -referred to' the City Manager.
Seconded • by' Councilman Stackis,
Carried-by.the following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis; Thoms,
Nays—None.
Absent—Councilman Brady.
Petition ofKDTH requesting per-
mission to have -a fireworks display
on nightof July4, 1975, following
Packers Baseball Game at Petrakjs
Park, presented and read. Council
man Lundh moved that the petition
be -received and filed and approved
subject - to policy recently-. ap-
proved. Seconded- by. Councilman
Stackis: Vote on the motion- was
as follows:
Yeas=Councilman Stackis.
Nays-LMayor Justmann, Council-
men Lundh, Thorns;'.-
Absent—Councilman Brady.'
MOTIONFAILED.
Petition"of Herbert J. Bisping on
behalf of'Harold Miller, owner, re-`
questing reclassification of Lot 10
of ' B1o'elt 3 in Mettd-Link' -Sub-
divtslbtt; from' Single Family to
Mdltifioniiy with professienatoffiee'
use, presented• and read Council-
man t
ouncil-rnan' Stackis -mead` that the peti
tionIbe'referred' to the 'Planning
& 'QoningT"Comnlissien • Seconded'
by Councilman Thorns. Carfied=by
the following vote:
YeaS—Mayor Jus`tmaidirCouncil-
men 'Lundh; f Stackis, Thome:-
Nays-z-None -
Absent Cduneiltan"Brady.
RESOLUTION NO. 112.75
BETr/ RESOLVED by -the• City;
Council -of the 'City of -Dubuque,.':
Iowa,- that., the following ,,_having.s
complied with theprovisions-of.
law relating to the sale of Cigar-
ettes within -the =City. of Dubuque,
Iowa, be granted a permit to, sell
Cigarettes and Cigarette :.Papers
within said Cif&..
Thohihs Astgen; ' Oky -"Doky #11,
1101 lthomtierg Avenue'
Passed; adopted" and approved'
this 28th'day' of; April 1975.
C.'Rdbert Justmann
Mayor
Alvin E. Lundh
Emil Stackis " `
Allan T. "Tholes ..
Councilinen
Attest:
Leo 'F. -Trot/trait
City Clerk..
Councilman Thoms "moved Mop -
tion of the-reser'ution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann; CouneiV
men Lundh, Stackis, -The/11
Nays—Nona.
Absent. --Councilman Brady,
RESotUTION No. 119.75"
WIIEIIEAS applications for Beer -
Permits hake' been submittedto
this' Cohhell`for approval and -the-
settle' have` been' examined;
NOW IV:BEFORE "BE`IT DRi
SOLVED by the City Councilof
the' City 'off'Dubii4fl - loWa;'that
the' following' l' application§'' be'
granted' and 'permits issued' upon`
the' compliance'with 'the 'tefihw of
the Ordinahces`of the' City:'
CLASS'+C" BEER: PERMIT:
Thomas -Astgen; "Oky-',Doky #11;
1101 Rhomberg Avenue
Passed, adopted --and .approved
this 28th day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil' Stacklw
All'aii' T. Tholes'
Councilmen
Attest:-
Leo'F.Y'Frt mme
City Clerk
Special Session, April 28, 1975 171
Councilman Thoms moved adop-
tion of the resolution. Seconded by
Councilman Lundh, Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thorns.
Nays—None.
Absent—Councilman Brady.
RESOLUTION NO. 114.75
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 following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Thomas Astgen, Oky Doky #11,
1101 Rhomberg Avenue
Passed, adopted and approved
this 28th day of April 1975.
C. Robert Justmann
Mayor
Alvin E. Lundh
Emil Stackis
Allan T. Thoms
Councilmen
Attest:
Leo F. Trammell
City Clerk
Councilman Thoms moved adop-
tion of the resolution. Seconded by
Councilman Lundh. Carried by the
following vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thorns.
Nays—None.
Absent—Councilman Brady.
There being no further business,
Councilman Thorns moved to ad-
journ. Seconded by Councilman
Stackis. Carried by the following
vote:
Yeas—Mayor Justmann, Council-
men Lundh, Stackis, Thorns.
Nays—None.
Absent—Councilman Brady.
Leo F. Frommelt
City Clerk
Approved 1975.
Adopted 1976.
Attest:
Councilmen
City Clerk