1979 March Council Proceedings
61
Special Session, February 19, 1979
goiug, it is the recommendation of the
City Attorney that said offer of settle-
ment be accepted and the City Auditor
be instrncted to draw warraut payable
to Martha Reinert in the amouut of
$200.00 and transmit same to the City
Attorney for delivery upon receipt of
duly executed releaaes.
Original claim is returned herewith.
R. N. Russo
City Attorney
Couucll Member Tully moved ap-
proval of the recommendation and the
Auditor be instructed to issue proper
warrant. Seconded by Couucll Member
Farrell. Carried by the following vote:
Yeaa-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
November 13, 1979
Honorable Mayor & City Councll:
Claim waa filed by Julie A. Heinz of
843 Mt. Loretta on October 3, 1978
claiming that on September 26, 1978 she
suffered a fall in front of City Hall near
the mailbox aa the result of slipping on
some clear liquid thereat.
This matter was referred to the City
Attorney who has made an investiga-
tion of same and haa conferred with the
claimant and finds that claimant has
made an offer of settlement in the
amouut of $40.00. It is the recommend-
ation of the City Attorney that said
offer of settlement be accepted and the
City Auditor be instructed to draw
warrant payable to Julie A. Heinz in the
amouut of $40.00 and transmit same to
the City Attorney for delivery upon
receipt of duly executed releaaes.
Original claim is returned herewith.
R. N. Russo
City Attorney
Couucll Membr Tully moved approval
of the recommendation and the Auditor
be instrncted to issue proper warrant.
Seconded by Couucll Member Farrell.
Carried by the following vote:
Yeaa-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
February 13,1979
Honorahle Mayor & City Couucll:
Ciaim was filed by Marie M. Gotts-
chalk of 1845 Jackson Street on Septem-
ber 26, 1978 claiming that she suffered a
fall and sustained personal injuries as
the result of her stepping in a hole in
the street on 19th Street in the vicinity
of Donovan's Food Market near Central
Avenue.
This matter waa referred to the City
Attorney who haa made an investiga-
tion of same and has conferred wit¡ the
claimant and finds that claimant ilCur-
red medical expenses in the amouat of
$91.34 and haa made an offer of settle-
ment in that amount. It is the
recommendation of the City Attorney
that said offer of settlement be accepted
and the City Auditor be instructed to
draw warrant payahle to Marie M.
Gottschalk in the amonnt of $91.34 and
transmit same to the City Attormy for
delivery npon receipt of duly executed
releaaes.
Original claim is returned herewith.
R. N. Russo
, City Attorney
Couucll Member Tully moved ap-
proval of the recommendation and the
Auditor be instructed to issue proper
warrant. Seconded by Councll Member
Farreil. Carried by the fol1owing vote:
Yeaa-Mayor Wertzberger, Councll
Members Brady, Farrel1, King, Tully.
nays-None.
Communications of City Attorney re-
commending DENIALS of car damage
claim of Dale Macke; Car damage claims
of Richard J. Spangler; Car damage
claim of Wayne G. Droessler; Car
damage claim of James J. Dryer,
presented and read.
Couucil Member Tully moved that the
recommendations of deinals be ap-
proved. Seconded by Council Member
Farrell. Carried by the fol1owing vote:
Yeaa-Mayor Wertzberger, Couucll
Members Brady, Farrel1, King, Tully.
Nays-None.
There being no further business,
Couucil Member Tully moved to adjourn
this Meeting to March 8, 1979 at 7:30
P.M. Seconded by Couucll Member
Farrell. Carried by the fol1owing vote:
Yeaa-Mayor Wertzberger, Council
Members Brady, Farrel1, King, fully.
Nays-None.
Approved.
Adopted,
Leo F. Frommelt
City Clerk
,1979
.1979
Councll Members
ATTEST:
City Clerk
Regular Session, March 5, 1979
61A
CITY COUNCIL
OFFICIAL
Regular Session, March 5, 1979.
No members of the Couucil being
present the meeting waa adjourned
subject to call.
Leo F. Frommelt
City Clerk
CouucI1 Members
ATTEST:
City Clerk
Adjourned Regular Session, March 8, 1979
62
CITY COUNCIL
OFFICIAL
Adjouroed Regolar Session, March 8,
1979.
CouucI1 met at 7:30 P.M. IC.S.T.)
Present: Mayor Wertzberger, Councll
Members Brady, Farrel1, King, Tully.
City Manager Gllbert D. Chavenelle.
Mayor Wertzberger read the call and
stated this AN ADJOURNED SES-
SION OF THE REGULAR SESSION
OF MARCH 5, 1979, also of the Session
of February 19, 1979, called for the
purpose of acting upon snch business as
may properly come before the Couucll.
Proclsmations proclaiming Saturday,
March 10, 1979 as "Dubuque Junior
Bowling Day", March 11 thru 17 as
"Girl Seont Week" and March 20 as
"Save a Heart Day", were read and so
proclaimed by Mayor Wertzberger.
AN ORDINANCE amending Chapter
20 of the Code of Ordinances of the City
of Dubuque, Iowa entitled "Housing"
etc., resubmission as amended from
CouucI1 Meeting of February 19, 1979,
presented for second hearing.
Fred TIppe of 483 Loras Blvd.,
addressed the Couucll objecting to the
proposed Ordinance because it denies
right of appeal; Questioned right of
entry.
Shirley Sehnddt, 2350 Jackson St.,
read a letter pertaining to rights of
privacy and the Grandfather's Clause;
Of opirdon they should have 7 members
on Housing Advisory and Appeals
Board.
Merlin Langkamp, 2977 Wl1dwood,
questioned why charge for multiple
dwelling inspection and not single
fandly.
Ron Hixon, 2518 Broadway, talked
about the Lincoln, Nebraska, Housing
Code.
Doris Hingtgen of 1292 Curtis St.,
presented a letter recommending adop-
tion of Code.
Don Deich, 2605 Washington St., was
of opirdon Code is not responding to
needs of the public; Appeals Board
lopsided-rather have citizens at large.
Objecting to powers given to Staff
regarding right of entry; Diseonnect
service power could be abused; Neces-
sity of strict enforcement to utilize re-
habilitation fuuds; Fuuds may be elimin-
ated in the future. Usage of Code
speaks to the North End Wm. Hammel,
957 Riker St., advised State Housing
Code requires inspection of multiple
dwelling and it sets fees. Par. 6-"Ex-
ceptions" recites owners inspection fee
exempt from first inspection fee. Basic
fee-$7.50 plus .750 for any additional
uuit within multiple dwel1ing.
CouucI1 Member Brady questioned
Section 20 "Right of Entry" - "Reason-
able Cause".
Attorney R. N. Russo advised "Rights
of Privacy" are protected; Must have an
opinion; Not on same basis of search in
a criminal case.
CouncI1 Member Brady questioned
"Recourse".
Atty. Russo advised Search Warrant
must then be required and it must be
specific as to defects being checked.
Wm. Hammel stated they could pos-
sibly increaae Membership on Appeals
Board. Councll Member Brady request-
ed the Housing Code Review Committee
to include in the Ordinance: 1( Specify
Warrant; 2) Variations-Different kinds
of violation; 3) Need variance power at
level of Board or at the Councll level;
4) Questioned make-up of Board.
Communication of Building Commis-
sioner subndtting alternates on fee
schedules, presented and read.
CouncI1 Member Farrell moved that
all docmnents be received and filed and
referred to CouucI1. Seconded by
Couucll Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Brady, Farrell, King, Tully.
Nays-None.
Couucll Member Brady moved this
hearing on Housing Ordinance be reces-
sed to the first CouucI1 Meeting in April
to be held on April 2, 1979 at 7:30 P.M.
in the Councll Chambers in City Hall.
Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King.
Nays-Councll Member Tully.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing of
the Budget Estimate for Fiscal Year
July 1, 1979 to Juue 30, 1980, presented
and read. Couucll Member Farrell
moved that the proof of publication be
received and filed. Seconded by Mayor
Wertzberger. Carried by the following
vote:
Yeas-Mayor Wertzberger,CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certilied to by
the Publisher, of Notice of Hearing
covering the proposed expenditures of
Revenue Sharing Fuuds, presented and
read. Couucil Member Farrell moved
that the proof of publication be received
and filed. Seconded by Mayor Wertz-
berger. Carried by the following vote:
Yeaa-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
63
Adjourned Regular Session, March 8,1979
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing on proposed five Year Capital
Improvement Program, presented and
read. Councll Member Farrel1 moved
that the proof of publication be received
and filed. Seconded by Mayor Wertz-
berger. Carried hy the following vote:
Yeas-Mayor Wertzberger, Council
Member Brady, Farrell, King, Tully.
Nays-None.
The following communications were
received relative to the Fiscal Year 1980
Budget: Hillcrest Family Services re-
questing funds for Shelter House;
Chamber of Commerce requesting to
raise budget allocation to $35,000.;
League of Women Voters subndtting
overall comment on Budget; also com-
muuication relative to Chamber of
Commerce participation; E. B. Lyons
requesting to be heard relative to
original intent of nature Center as giveu
by the late E. B. Lyons as to funding
and maintenance of the project, Also
subndtting a position paper aa to hiring
an assistant; University of Dubuque,
Dubuque Metropolitan System of Cath-
olic Education, Boy Scouts and Richard
Worm all in support of fuuding for the
Nature Center; Dubuque Historical
Society requesting funds from Com-
munity Development to establish a
Mississippi Riverboat Museum; Dubu-
que Symphony Orchestra for fuuding,
changing their request from the salary
of the Business Manager to a contri-
bution to the Maintenance Fund; Cap-
ital Improvements Budget Study Task
Force subndtting a list of priority itoms,
presented and read.
Couucll Member Farrell moved that
all commuuications be received and
filed. Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeaa-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
The following addressed the Councll
relative to Fiscal year 1980 Budget:
Don Deich disagrees to funding to
Chamber of Commerce; Bob Sawvel
against Chamber getting fuuds; Kurt
Swaiu, on behalf of Low Income Group,
advised Block Grant funds are less than
1% of Federal Budget, Chamber of
Commerce is not eligible entity to
receive Block Grant Funds, Program
does not meet the needs of poor people,
Econondc expenditure item looking for
job assurance etc., Questioned $150,000
set aside for planning; Harvey Sehmitt
of the Chamber of Commerce. stated
fuuds to be used for housing, public
facilities, econondc development, Pro-
vide necessary services to plan for these
so called needed target areas; Dennis
Houswirth wanted celling placed on the
Chamber amouut; Hank Waltz was
opposed to Chamber contribution, Ques-
tioned their capability to execute pro-
gram, Questioned legality because they
have an industrial park of their own,
Duplication of services, No one haa
questioned qualifications of Chamber;
Dick Vorwald objected to fuuds being
given to Chamber; Bob Fisch requested
acceptance of Budget; Michael Pratt
recommended to give Chamber nuder a
contract system, They must report to
Community Development Commission,
this is not an open $25,000., Not a
blanket gift.
Carl Heathcote talked to the tele-
phone system, recommended to get bids
and delay item of $25,000.
Genevieve Heathcote and Marion
Pfaff, on behalf of Project Concern,
requested Couucll to reconsider re-
duction, Must decrease services.
Donald Meyers for Project Coucern
and Diane Brotherton for Hillcrest
Fandly Services requested additional
fuuds for their concerns. Harvey
Schndtt of Chamber of Commerce urged
the Couucil to contrihute $35,000.
Don Deich waa of opinion that Cham-
ber's request was inappropriate, form
Committee of labor, business, etc.
Ann Hansen of Leagoe of Women
Voters Stated it was a thoughtfully
prepared budget.
Couucil Member Brady presented the
following resolution:
Whereas the Community Block Grant
Fuuds have been duly considered by the
Community Development Commission
and the City Couucll; and
Whereaa the Community Block Grant
Fuuds are detailed in the City Bndget
for the Fiscal Year 1980.
Therefore, be it resolved that the
adoption of the fiscal Budget for 1980
constitutes the acceptance of the Com-
muuity Development Block Grant
fuuds for 1980.
Couucll Member Brady moved adop-
tion of the Resolution. Seconded by
CouncI1 Member Farrell. VOTE ON
THE MOTION WAS AS FOLLOWS:
Yeas-Couucil Members Brady,
Farrell.
Nays-Mayor Wertzberger, Couucil
Member King.
Abstain-CouucI1 Member Tully.
MOTION FAILED.
Proof of Publication, certified to by
the Puhlisher, of Notice of Public
Hearing of Commuuity Developmeut
Block Grant Fuuding, presented and
Read.
CouucI1 Member Farrell moved that
the proof of publication be received and
filed. Seconded by Connell Member
64
Adjourned Regular Session, March 8, 1979
King. Carried by the following vote:
Yeas-Mayor Wertzherger, Councll
Members Brady, Farrel1, King, Tully.
Nays-None.
Couucll Member Farrel1 moved to ad-
just the Budget to include naturalist for
Nature Center. Seconded by Councll
Member Tully. Carried by the fol-
lowiug vote:
Yeas-Couucll Members Brady, Far-
rel, Tully.
Nays-Mayor Wertzberger, Councll
Member King.
Couucil Member King moved to re-
duce telephone allocation in the Fiscal
Year 1960 Budget from $25,000. to
$15,000; Contributions to Hillcrest Fam-
lly Services for total amount of $3,000,
Dubuque Symphouy Orchestra for total
amouut of $5,000, Project Concern for a
total amount of $2,000, Rise Adult Day
Care Center for a total amouut of
$1,000, and Steamboat Museum for a
total amouut of $1,040. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeaa-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLU1'ION NO. 44-79
ADOPl10N OF FIVE YEAR CAPI-
TAL IMPROVEMENT PROGRAM
WHEREAS, a recommended Five
Year Capital Improvement Program for
the period beginning July 1, 1979 and
ending Juue 30, 1984, for the City of
Dubuque has been prepared and sub-
ndtted to the City Couucil; and
WHEREAS, the Five Year Capital
Improvement Program:
1) describes speclfic capital improve-
ments projects;
2) provides estimated costs for those
projects;
3) propoxes sources of funds for each
of them; and
4) schedules the year ending which
each project wl1i be undertakeu; and
WHEREAS, the Capital projects for
the first year are included in the Fiscal
Year 1980 Budget for the City of
Dubuque; and
WHEREAS, the Five Year Capital
Improvement Program wl1i be recon-
sidered annually by the City Councll
and appropriately revised; and
WHEREAS, the adoption of the Five
Year Capital Improvemeut Program is a
prudent measure to provide continuity
of programs and is in the best interest
of the City of Dubuque:
NOW, THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Five Year Capital
Improverrwnt Progro:m for tM period
beginning July 1, 1979 CUI set md in the
Fiscal Year 1980 City of Dubuque
Rec<nnmended Bwiget is hereby ap-
proved awl adopted CUI the proposed
alWcation of city resources for capital
improvernønts CUI schedvkd in tM years
shoum, subject to œnnUlÙ review and
revision.
Passed, approved and adopted this 8th
day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tuliy, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
City Councll Members
ATTEST:
Leo F. Frommelt
City Clerk
Couucll Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Wertzberger. Carried by the
following .vote:
RESOLU1'ION NO. 43.79
A Resolution adopting the Annual
Budget for the Fiscal Year ending June
30, 1980.
BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
The annual budget for the fiscal year
ending Juue 30, 1980, as set forth in the
Budget Summary Certificate and in the
detailed budget in support thereof
showing the revenue estimates and
appropriation expeuditures and alloca-
tions to programs and activities for said
fiscal year is adopted, and the clerk is
directed to make the filings required by
law and to set up his books in
accordance with the summary and
details as adopted.
Passed and approved on March 8,
1979, by the following vote:
Yeas-Mayor Wertzberger, CouucI1
Memhers Brady, Farrell, King, Tully.
Nays-None.
ATTEST,
Leo F. Frommelt
City Clerk
Councii Member Farrell moved adop-
tion of the Resolution and approval of
the Budget as amended. Seconded by
Mayor Wertzberger. Carried by the
fol1owing vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays~None.
65
Adjourned Regular Session, March 8, 1979
Yeas-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of the City Manager
recommending approval of a contract
with the State Department of Public
Safety for continuing the Alcohol Safety
Action Program from October 1, 1979
thru September 30, 1980, presented and
read.
Couucll Member Tully moved that the
communication be. received and filed.
Seconded by Couucll Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 59-79
WHEREAS, a proposed form of con-
tract by and between the Department
of Public Safety, the Office for Planning
and Programming/Governor's Highway
Safety Office and the City of Dubuque,
Iowa has been subndtted relating to the
coordination mechanism for the purpose
of reducing traffic-related property
dsmage, persons! injury and fats!
crashes in the State of Iowa and in the
City of Dubuque, Dubuque County,
Iowa; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has examined
said proposed form of contract and finds
that same should be approved and same
should be executed.
NOW, THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the cant1Yl£t 1YfYYPosed
to be entered into by am between the
Department of Public Sqfety, the
Qffice for PÙ¡nning am Programming
Governor's Highway Sqfety Office am
the Dubnqne Police Department be
am the s"""' is hereby approved.
Section 2. Thai the Mayor am Oity
Clm-k be am they are hereby autlwr-
ked am directed to execute said
cant1Yl£t for am an belwlf of the Oity
of Dubnqne, [moo..
Passed, approved and adopted this 8th
day of March, 1979.
Richard Wertzberger
MAYOR
ThomasA. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Councll Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adoption
of the Resolution. Seconded hy Councll
Member Farrell. Carried by the
following vote:
Yeaa-Mayor Wertzberger, Councll
Members Brady, Farren, King, Tully.
Nays-None.
Communication of City Manager re-
commending approval of a contract with
the Iowa Department of Puhlic Safety
and the Police Department aa a partici-
pant in the Iowa On-Line Warrants and
Article Telecommuuications Systems,
presented and read.
CouucI1 Member Tully moved that the
communication be received and filed.
Seconded hy Councll Member Farren.
Carried by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 45-79
WHEREAS, a nmnber of national,
state and local agencies maintain public
records that contain information neces-
aary for the effective and efficient
operation of Criminal Justice agencies;
and
WHEREAS, the Iowa On-Line War-
rants and Articles telecommuuications
system, herein referred to as the
I.O.W.A. system, provides access to
these public records; and
WHEREAS, agencies may dissemin-
ate Crindnal History data through the
I.O.W.A. system; and
WHEREAS, the Department of Public
Safety, hereinafter known aa the
DEPARTMENT operates the I.O.W.A.
system; and
WHEREAS, the Dubuque Police De-
partment is a Crindnal Justice Agency
in and for the City of Dubuque.
BE IT THEREFORE RESOLVED
that the City Couucil on its own motion,
deems it advisable and necessary for
the public weliare to authorize and
direct the Chief of Police to execute an
agreement with the DEPARTMENT
providing for the participation of the
Dubuque Police Department in the
I.O.W.A. system.
Paased, adopted, and approved this
8th day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
CouucI1 Members
66
Adjourned Regular Session, March 8,1979
ATTEST:
Leo F. Frommelt
City Clerk
Couucll Member Tully moved adoption
of the Resolution. Seconded by Couucil
Member Brady. Carried hy the fol-
lowing vote:
Yeaa-Mayor Wertzberger, Couucll
Members Brady, Farren, King, Tully.
Nays-None.
Communication of City Manager ad-
vising of completion of construction of
the Iowa Street Parking Ramp by J. P.
C1Ùlen & Sons Construction Co., pre-
sented and read.
CouucI1 Member Farrell moved that
the communication be received and
filed. Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abstain-Couucll Member Tully.
Nays-None.
Abstain-Couucll Member Tully.
(A Resolution Accepting Improvement)
RESOLUTION NO. 47-79
WHEREAS, the contract for the
addition of 300 parking spaces and
related facilities to the Iowa Street
Parking Ramp, 7th & Iowa Street,
Dubuque, Iowa has been completed and
the City Manager has examined the
work and filed his certificate stating
that the same has been completed
according to the terms of the contract,
plans and specifications and recom-
mends its acceptance, now therefore,
BE IT RESOLVED, by the City
Councll of the City of Dubuque, that the
recommendation of the City Manager be
approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the funds to be realized from Revenue
Bonds, Locs! Public Works Fuuds and
Parking Funds amount equs! to the
amount of his contract, less any re-
tained percentage provided for therein.
Passed, adopted and approved this 8th
day of March, 1979.
Richard Wertzberger
MAYOR
D. Michael King
James E. Brady
Carolyn Farren
Councll Members
FINAL ESTIMATE
Resolution No. 46-79
WHEREAS, the contract for the
addition of 300 parking spaces and
related facilities to the Iowa Street
Parking Ramp, 7th & Iowa Streets,
Dubuque, Iowa has been completed and
the City Engineer has subndtted his
final estimate showing the cost thereof
including the cost of estimates, notices,
inspection, and preparing the assess-
ment and plat, now therefore,
BE IT RESOLVED, by the City
Councll of the City of Dubuque,
That the cost of sald improvement is
hereby determined to be $1,589,690.57.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Wertzherger. Carried by the
following vote:
Yeas-Mayor Wertzberger; Council
Members Brady, Farrell, King.
Nays-None.
Abstain-Councll Member Tully.
Communication of City Manager sub-
ndtting preliminary plans, specs., and
estimate for construction of the 32nd
Street and Central Ave. Fire Station,
presented and read.
Couucll Member Farrell moved that
the communication be received and
filed. Seconded by CouncI1 Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Brady, Farren, King.
Nays-None.
Abstain-CouucI1 Member Tully.
That none of the cost thereof shall be
assessable upon private property and
$1,589,690.57 shall be paid from the
Parking Fund of the City of Dubuque.
Passed, adopted and approved this 8th
day of March, 1979.
Richard Wertzberger
MAYOR
D. Michael King
James E. Brady
Carolyn Farren
Councll Members
ATTEST:
Leo F. Frommelt
City Clerk
Couucil Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell. King.
67
Adjourned Regular Session, March 8,1979
Preliminary Approval 01 Plans, etc.
RESOLUTION NO. 48-79
ATTEST:
LeoF. Frommelt
City Clerk
Caunell Member Farrell moved adop-
tion of the Resolution. Seconded by
CouucI1 Member Brady. Carried hy the
following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King.
Nays-None.
Abstain-Council Member Tuny.
(Fixing Date 01 Hearing )
RESOLUTION NO. 50-79
Be it resolved by the City Councll
of the City of Dubuque, Iowa, that the
proposed plans, specifications, form of
contract, plat and schedule, etc., for the
construction of Fire Station #3 at 32nd
Street and Central Avenue, in the
estimated amouut of $421,660, pre-
sented and read.
Couucil Member Farren moved adop-
tion of the Resolution. Seconded hy
Couucll Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Brady, Farren, King.
Nays-None.
Abstain-CouncI1 Member Tully.
(Necessity lor improvement)
RESOLUTION NO. 49-79
WHEREAS, proposed plans, specifi-
cations, and forms of contract have beeu
duly prepared and approved by the City
CouucI1 of the City of Dubuque, Iowa,
and are now on file in the office of the
City Clerk showing among other things
the following:
II) The plan of such improvement
(2) An estimate of the cost of the im-
provement for the 32nd & Central
Fire Station #3.
WHEREAS, the City Councll of the
City of Dubuque, Iowa, has given its
prelindnary approval on the proposed
plans, specifications, and form of cou-
tract and placed same on file in the
office of the City Clerk for puhlic in-
spection for the construction of Fire
Station #3 at 32nd Street and Central
Ave.
BE IT THEREFORE RESOLVED
that on the 2nd day of Aprll, 1979 a
public hearing will be at 7:30 p.m. in the
Councll Chamber of the City of Dubu-
que at which time the objectors for the
proposed improvement may appear and
make objection to the proposed plans
and specifications, form of contract and
cost of said improvement, and the City
Clerk be and he is hereby directed to
cause a notice of time and place of such
hearing to be published in some news-
paper published in the City of Dubuque,
Iowa which shall be not less than four
days nor more than twenty days prior
to the day fixed for its consideration,
and the City Clerk he and he is hereby
directed to have published the notice of
pendeucy for said improvement, and the
City Clerk is hereby directed to adver-
tise for proposals to the contractors
for the construction of the above
mentioned improvement.
P)!Ssed, adopted and approved this
8th day of March, 1979.
Richard Wertzberger
MAYOR
D. Michael King
James E. Brady
Carolyn Farrell
Councll Members
BE IT THEREFORE RESOLVED
that the City CouucI1 on its own motion,
deems it advisable and necessary for
the public welfare to make the herein
mentioned improvement, and unless
property owners at the time of the final
consideration of this proposed resolu-
tion have on file with the City Clerk,
objections to the amount of the cost of
the improvement, they shall he deemed
to have waived all objections thereto.
SaId improvement shall be construct-
ed and done in accordance with the
plans and specifications which have
been approved by the City Couucll and
are now on file with the City Clerk.
That the cost and expense of making
said improvement will be paid from
Community Development Funds and
other funds legally permissable.
The above resolution waa introduced,
approved and ordered placed on file
with the City Clerk this 8th day of
March, 1979.
Approved and placed on file for final
action.
ATTEST:
Leo F. Frommelt
City Clerk
Couucil Member Farrell moved adop-
tion of the Resolution. Seconded by
Couucil Member Brady. Carried hy the
following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Brady, Farrell, King.
Nays-None.
Abstain-CouucI1 Member Tully.
Richard Wertzberger
MAYOR
D. Michael King
James E. Brady
Carolyn Farrell
CouucI1 Members
Adjourned Regular Session, March 8, 1979
68
Fehruary 13, 1979
Honorable Mayor and City Councn:
RE: FINAL PLAT - "AIRD PLACE"
JACK AIRD
2966 JOHN F. KENNEDY ROAD
WHEREAS, there has been filed with
the City Clerk a plat of the subdivision
of Lot 2 of Lot 1 of Lot 1 of Lot 8 and
Lot 2 of Lot 1 of Lot 8 both in the
Northeast '!4 of Section 16, Township 88
North, Range 2 East of the 5th
Principal Meridian in the City of Dubu-
que, Iowa, to be known as Lot 1 and Lot
2 of Aird Place in the City of Dubuque,
Iowa.
The City of Dubuque Planning and
Zoning Comndssion has reviewed a final
plat, subndtted by Mr. Jack Aird of
2966 John F. Kennedy Road, seeking to
subdivide Lot 2 of Lot 1 of Lot 1 of Lot
8, and Lot 2 of Lot 1 of Lot 8 of the
Northeast '!4 of Section 16, Township 89
North Range 2 East of the 5th Principal
Meridian into Lots 1 and 2 of "Aird
Place". The property which is zoned in
the R-1 Residential District is located
on the east side of John F. Kennedy
Road approximately 400 feet north of
Spring Valley Road. The attached map
depicts the proposed subdivision of the
property.
The property in question consists of
two existing, platted lots. One of the
lots is vacant and has approximately
eight feet of frontage on John F.
Kennedy Road. The other lot is
developed with a single-fandly resi-
dance and weekly newspaper operation
and has one-hundred and twenty-five
feet of street frontage. The reqnested
subdivision would jog the side lot
between the lots so the the vacant lot
would have greater street frontage.
The Planning and Zoning Commission
has found that the plat meets all
platting requirements except that Lot 1
has fifty-three (53) feet of front.ge I
rather than the seventy (70) feet of
frontage required in the R-1 Residential
District. The Commission has deter-
mined that the replatting of the pro-
perty brings Lot 1 into closer conform-
ance with frontage requirements of the
Ordinance and has voted to approve the
plat of Lot 1 and Lot 2 of "Aird Place",
and recommends your favorable con-
sideration.
CITY PLANNING &
ZONING COMMISSION
James D. Burke
Associate City Planner
Couucil Member Farrell moved that
the communication be received and
filed. Seconded. by Councll Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays~None.
WHEREAS, said plat has been ex-
amined by the City Planning and Zoning
Comndssion and has had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Couucll and they
find the same conforms to the statutes
and ordinances relating thereto.
NOW THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectioo 1. ThoJ the above described
p/n.t of the. subdivision of Lot 1 o:nd Lot
2 of A.'rd PÚJJ:e in the Oity of Dubuque,
10100, be o:nd the same is hereby
approved o:nd the Mayor and Oity Clerk
o:re hereby o:utlwrized and d.'rected to
endorse the approvol of the Oity of
IJuIJw¡ue, Iowa upon so»1 pial.
Passed, approved and adopted this 8th
day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Couucll Members
ATTEST:
Leo F. Frommelt
City Clerk
CouucI1 Member Farrell moved adop-
tion of the ReSolution. Seconded by
CouncI1 Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 52-79
WHEREAS, the City Couucll nuder
date of Augost 2" 1976, adopted Reso-
lution No. 288-76..establishing a. Dubu'
que Municipal Government Tssk Force
to study and to recommend procedural
changes within Dubuque's Couucll-Man-
ager form of govermnent; and
WHEREAS, the tasks for which the
Dubuque Muuicipal Govermnent Task
Force was organized have been
completed;
RESOLUTION NO. 51-79
Resolution Approving the Plat 01 the
Subdivisioo 01 Lot 1 and Lot 2 01 Aird
PJaœin the City 01 Dubuque, Iowa
--
69 Adjourned Regular Session, March 8, 1979
NOW, THEREFORE BE IT 14, 1979, and completed an Environ-
RESOLVED BY THE CITY COUNCIL mental Assessment of the following
OF THE CITY OF DUBUQUE, IOWA: identified proposal (project) with Com-
Section 1. TIwt Resolution No. 288- 76 =:YandDevelopment Block Grant
OJJnpted by the Oity Council on August '
2, 1976 establishing the Dubuque Mum-
ci¡xJl Government Ta.'!k Force be and
the same is hereby repealed, and
e:IJÌste1iCe of said Task Force is hereby
termi1wied.
Paased, approved and adopted this
8th day cf March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Councll Members
ATTEST:
Leo F. Frommelt
City Clerk
CouncI1 Member Tully moved adop-
tion of the Resolntion. Seconded by
CouucI1 Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King, Tnll.v.
Nays-None.
Petition of Dubuque Jaycees request-
ing pennission to conduct a fireworks
display on July 4, 1979 at Vet's Field,
presented and read. Connell Member
Tully moved that the petition be
approved and referred to the City
Manager and Fire Chief for implementa-
tion. Seconded by Couucll Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays~None.
Petition of VFW requesting permis-
sion to sell Buddy Poppies on May 18th
and 19th, 1979, presented and read.
CouncI1 Member Farrell moved that
the petition be approved and referred to
City Manager for implementation.
Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeaa-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUl10N NO. 53-79
Authorizing Submission of a Request
for Release of Funds for Certain Com-
munity Development mock Grant
Projects.
WHEREAS, the City of Dubuque in
confornumce with the Environmental
Review Procedures for the Community
Development Block Grant Program con-
vened an ad hoc committee on February
Neighborhood Park Improvements -
Jacksnn Park
WHEREAS, pursuant to Resolution
No. 31-79, adopted February 19, 1979,
Public Notice of a "Finding of No
Significant Effect on the Environment"
for the proposal Iproject) was published
February 22, 1979, in the Dubuque
Telegraph Herald, a newspaper of
general circulation, and provided for a
public comment period untlll2:oo Noon,
Wednesday, March 14,1979; and
WHEREAS, Public Notice of a
"Finding of No Significant Effect on the
Environment" for the proposal (project)
waa sent by regular mail to various
Federal, state and local public agencies
and to the local news media, individuals
and groups known to be interested and
believed to be appropriate to receive
such a Public Notice; and
WHEREAS, any and all objectives, if
any, to such proposals have been duly
considered; and
WHEREAS, it is the intent of the
City CouucI1 to authorize the submission
of a request to the U.S. Department of
Housing and Urban Development for
release of funds nuder the said Act to
carry out the above identified project;
now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the JiJnvironmental
Review Record for eoch of the ¡rroposale
(projects) shall conti- to r"",win on
ftk in the Office of the City Clerk,
where said records may be examined
a:nd c<Y JÎ.ed by any interested pa:rty.
Section 2. that the Mayor of the Oity
of Dubuque is hereby onthorized a:nd
directed to submit to tht> u.S. Depart-
ment of HOWJing a:nd Urban Develop'
ment on Ma:rch 15, 1979, a request for
release of funds to undertake the said
Project.
Section 3. TIwt the MayaI' of the Oity
of Dubuque is hereby <luthorized to
consent to assume the statw! of a
responsible Federal officW1 under the
Natio1W1JiJnvironmental Protection Act,
imoJor as the provisirms of the said Act
apply to the u.S. Depa:rtment of
Housing and Urban Deve/rJprrw'nt's re-
sponsibiUties for review, decision-m/Ik-
Adjourned Regular Session, March 8, 1979
70
ing, and oction assunæd and carried out
by the City of Dubuque as to environ-
mental issues.
Section 4. That the Mayor of the Oity
of Dubuque is hereby authorized to
consent persrm.a!J,y, in his officùd capa-
city and on belwlf of the City of
DulYUque, to occept the jurisdiction of
the Federal courts if an oction is
In-ought to e-riforce responsibilities in
relation to environnæntal reviews,
decision-moking and oction.
Section 5. That the Mayor of the Oity
of Dubuque be and he is hereby
amhorized and directed to execute a
Certificaticm pertaining to the environ-
mental review procedures.
Section 6. That the Oity Clerk be and
he is hereby authorized and directed to
publish a PubUc Notice for a Request
for Release of Funds and Certification in
the form of Exhibit ':.4" attoched hereto
and mmle a paT! hereof
Passed, approved and adopted this 8th
day of March, 1979.
Richard Wertzberger
MAYOR
D. Michaei King
James E. Brady
Carolyn Farren
Couucll Members
ATTEST:
Leo F. Frommelt
City Clerk
Ex!nöit "A"
PUBLIC NOTICE
Pursuant to the Environmental Re-
view Procedures for the Community
Development Block Grant Program, the
City of Dubuque intends to file a
request on March 15, 1979, for Release
of Fuuds for Certification of the fonow-
ing identified project to be undertaken
with funds made available nuder TItle
I of the Housing and Community
Development Act of 1974.
Neighborhood Park Improvements -
JacksnnPark
The City of Duhuque has made an
Environmental Review Record for the
project, and has placed these records on
file in the Office of the City Clerk in
City Hall, 13th and Central Streets,
Dubnque, Iowa, where said records
may be examined and copied between
the hours of 8:00 a.m. and 5:00p.m.,
Monday tbrough Friday until 5:00 p.m.
on the 6th day of Aprll, 1979.
The name of the applicant is the City
of Dubuque, Iowa, and the Chief
Executive Officer of the applicant is
Mayor Richard P. Wertzberger. The
mailing address for both the applicant
and the Chief Executive Officer is City
Hall, 13th and Central Streets,
Dubuque, Iowa.
The City of Dubuque will undertake
the project described above with block
grant fuuds from the U.S. Department
of Housing and Urban Development
(HUD), nuder TItle I of the Housing and
Community Development Act of 1974.
The City of Dubuque is certifying to
HUD that the City of Dubuque and
Richard P. Wertzberger, in his official
capacity as Mayor, consent to accept
the jurisdiction of the Federal courts if
an action is brought to enforce respon-
sibilities in relation to environmental
reviews, decision-making, and action;
and that these responsibilities have
been satisfied. The legal effect of the
certification is that upon its approval,
the City of Duhuque may use the block
grant fuuds and HUD will have satisfied
its resnonsibllities under the National
Environmental Policy Act of 1969.
HUD will accept an objection to its
approval of the release of funds and
acceptance of the certification only if it
is one of the following bases:
(a) That the certification was not in
fact executed by the Chief Execu-
tive Officer or other officer of
applicant approved by HUD; or
(b) That applicant's environmental re-
view record for the project in-
dicates ondssion of a required
decision, finding, or step applic-
able to the project in the environ-
mental review process. Objec-
tions must be prepared and sub-
ndtted in accordance with the
required procedure (24 CFR Part
58), and may be addressed to
HUD at Omaha Area Office, 7100
West Center Road, Omaha,
Nebraska 68106. Objection to the
release of fuuds on bases other
than those stated above will not
be considered by HUD. No
objection received alter the 6th
day of April 1979, will be con-
sidered by HUD.
Leo Frommelt
City Clerk
Couucll Member Brady moved adop-
tion of the Resolution. Seconded by
Couucil Member Farren. Carried by
the following vote:
Yeas-Mayor Wertzberger, CouncI1
Memhers Brady, Farrell, King.
Nays-None.
Abstain-CouucI1 Member Tully.
Commuuication of Dock Board sub-
ndtting a lease and agreement betwcen
the City and Dubuque Barge & Fleeting
Company Inc. recommending .approval
subject to review by the City Attorney,
----
--
71
Adjourned Regular Session, March 8, 1979
presented and read. Councll Member
Tully moved that the communication be
referred to the City Attorney for proper
proceedings. Seconded by Connell
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger, Couucll I
Members Brady, Farren, King, Tully.
Nays-None. '
Communication of Housing Comnds-
sion submitting by.laws and recom-
mending adoption AND A RESOLU-
TION approving Revised By-Laws of
the Housing Commission, presented and
read. Couucll Member Tully moved
that the communication and resolution
be referred to the City Attorney for
further study. Seconded by Mayor
Wertzberger. Carried by the following
vote:
Yeas-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Municipal Airport
Commission requesting authorization to
spend up to $1600 out of their Budget
Code 1205 to purchase a moblle office
trailer from Mississippi Valley Airlines,
presented and read. Couucll Member
Farrell moved that the communication
be received and filed. Seconded by
Couucll Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzbergr, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Municipal Airport
Comndssion requesting authorization to
spend $600 to hire an engineering firm
for a water supply needs study, pre-
sented and read. Councll Member
Farrell moved that the communication
be received and fùed. Seconded by
Couucll Member Tully. Carried by the
following vote:
Yeaa-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager ad-
vising that if authorization is given to
the Airport Comndssion for the above
expenditures it could be handied in the
current Fiscal Year, presented and
read. Councll Member Farrell moved
that the authorization be approved.
Seconded by Couucll Member Tully.
Carried by the following vote:
Yeas-Mayor Wertzber~er, CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
Commuuication of Planning & Zoning
subndtting final plat of Midwest Devel-
opers Inc. and requesting favorable
consideration of J.F.K. Road and Penn-
sylvania Ave., presented and read.
Couucil Member Tully moved that the
communication be received and filed.
Seconded by Couucll Member Farrell.
Carried by the following vote:
Yeaa-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays-None.
Couucll Member Brady moved to
suspend the rules to let anyone present
address the Couucll if they so desire.
Seconded by Connell Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
Vincent Roling of 3260 Pennsylvania
Ave. spoke to the communication. He
objected to huge amount of dirt being
placed near his property; Requested
dimensions of developers; Does not
want water running over his property;
Requested a 6' cyclone fence be install-
ed; Suggested an easement be obtained
from developer.
RESOLUTION NO. 54-79
Resolution Approving the Plat 01 the
Subdivision 01 Lot 1 01 Lot 2 01 Lot 2 01
NE'I< 01 NE'!4 01 Section 28, Township
89N, Ræ>ge 2E 01 the 5th Principal
Meridian.
WHEREAS, there has been filed with
the City Clerk a plat of the sub-
division of Lot 1 of Lot 2 of Lot 2 in the
Northeast 'I. of the Northeast 'I. of
Section 28, Township 89 North, Range 2
Eaat of the 5th Principle Meridian in the
City of Dubuque, Iowa;
WHEREAS, said plat haa been ex-
amined by the City Planing and Zoning
Comndssion and haa had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
andned by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the above described
plat of the subdivision of Lot 1 of Lot 2
of Lot 2 in the NortheWlt 'I. of the
NortheWlt 'I. of Section 28, Township 89
North, Range 2 East of the 5th
Principal Meridion in the City of Dubu-
que, Iowa, be awl the sœme is hereby
œpproved and the May", and City Clerk
are hereby autlwrizcd and directed to
endorse the a'[J'P1'oval of the City of
Dubuque, Iowa, upon said plat.
Paased, approved and adopted this 8th
day of March, 1979.
Adjourned Regular Session, Mareh 8, 1979
72
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Couucll Members
ATTEST:
Leo F. Frommelt
City Clerk
Couucll Member Tully moved adop-
tion of the Resolution. Seconded by
CouucI1 Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
subndtting final plat of Tomahawk
Heights at 1091 Rockdale Road, Thomas
& Rita Lutsetich, recommending favor-
able consideration, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by CoUl'lcll Member Farrell.
Carried by the following vote:
Yeaa-Mayor Wertzberger, Couucll
Members Brady, Farren, King, Tully.
Nays-None.
RESOLUTION NO. 55.79
Resolution Approving the Plat 01 the
Subdivision 01 Lot 1 and Lot 2 01
Tomahawk Heights in the City 01
Dubuque, Iowa.
WHEREAS, there has been filed with
the City Clerk a plat of the subdivision
of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot
1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 2 of Mineral Lot 10 and Lot
1 of Lot 2 of Lot 1 of Mineral Lot 10 in
the City of Dubuque, Iowa to be known
as Lot 1 and Lot 2 of Tomahawk
Heights in the City of Dubuque, Iowa;
and
WHEREAS, said plat has been ex-
andned by the City Planulng and Zoning
Comndssion and has had its approval
endorsed thereon; and
WHEREAS, said piat has been ex-
andned by the City Councll and they
find the same conforms to the statutes
and ordinances relating thereto.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thai the above described
plat of the subdivision of Lot 1 and Lot
2 of Tumnhawk Drive in the City of
Duhuque, Iowa, be and the same is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Ioua upon said plat.
Passed, approved and adopted this 8th
day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Couucll Members
ATTEST:
Leo F. Frommelt
City Clerk
Couucll Member Tully moved adoption
of the Resolution. Seconded by Couucil
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
subndtting final plat of Hansel, Rafoth
& Wenkstern, for Block 23 Key Knolls
Sub. and recommending favorable con-
sideration located north of Hillcrest,
west of Kennedy Road, and east of
Keyway Dr., presented and read.
CouucI1 Member Tully moved that the
communication be received and filed.
Seconded by Couucll Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 56-79
Resolution Approving the Plat 01 Lots
1, 2 and 3 01 Block 23 in "Key Knolls
Subdivision" in the City 01 Dubuque, la.
WHEREAS, there has been filed with
the City Clerk a plat in which Lot 1 of
Lot 1 of Block 18 and Lot 1 of Lot 1 of
Lot 1 of Lot 1 of Block 21 both in "Key
Knolls Subdivision", in the City of
Dubuque, Iowa, are platted as Lots 1, 2
and 3 of Block 23 in "Key Knolls
Subdivision" in the City of Dubuque,
Iowa;
WHEREAS, said plat has been ex-
andned by the City Plauning and Zoning
Commission and has had its approval
endorsed thereon; and
WHEREAS, said plat has been ex-
andned by the City Couucil and they
find the same conforms to the statutes
and ordinances relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE C3TY OF DUBUQUE, IOWA:
73
Adjourned Regular Session, March 8, 1979
Sectioo 1. That the above described
p/.ai of Lot 1, Lot 2 and Lot 9 of Block 29
of "Key KMas Svbdivision" in the City
of DubWlue, 10""," be and the sa1>W is
hereby approved and the MœyfYT' and the
City Clerk are hereby authorized and
directed to enderse the approval of the
City of Dubuque, 10""," upon said plo,t.
Passed, approved and adopted this 8th
day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Couucll Members
ATTEST:
Leo F. Frommelt
City Clerk
Couucll Member Tully moved adop-
tion of the Resolution. Seconded hy
CouncI1 Member Farrell. Carried by
the following vote:
Yeaa-Mayor Wertzberger, CouucI1
Members Brady, Farrell, King, Tully.
Nays-None.
Commuuication of Planning & Zoning
Commission subndtting an Ordinance
covering a request for Preliminary
Development Plan approval and reclass.
ification to the C-6 Planned Commercial
District by H. R. W. Associates at
J.F.K. Rd. & Hillcrest Road, presented
and read.
Couucll Member Tully moved that the
communication be received and fùed.
Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Robert M. Bertsch,
Attorney of H. R. W. Associates.
requesting a public hearing on the
reclassification of property of H. R. W.
Associates Westerly of J.F.K. Road,
South of Hillcrest, Northerly of J.F.K.
Circle to a C-6 District Planned Unit
Development, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded hy Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays-None.
AN ORDINANCE of the City of
Dubuque, Iowa, providing that the
Code of Ordinances, City of Dubuque,
Iowa, be amended by revising Appendix
A thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by reclassifying
property described as "Lot 1 of Lot 3,
Lot 4, Lot 5, Lot 1 of Lot 6, Lot 2 of Lot
6 and Lot 1 of Lot 7, all in Block 21A in
'Key Knolls Subdivision' and all of the
right-of-way of Kennedy Circle, all in
the City of Dubuque, Iowa" from "C-6
Arterial Business Commercial District"
to "C-6 Planned Commercial District",
presented and read. Councll Member
Tully moved that the reading just had
be considered the first reading of the
Ordinance. Seconded by Mayor -W'ertz-
berger. Carried by the following vote:
Yeas-Mayor Wertzherger, Couucll
Members Farrell, King, Tully.
Nays-Couucll Member Brady.
Council Member Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting wheu final action is
taken, be dispensed with. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Councll
Members Farren, King, Tully.
Nays-Councll Member Brady.
CouucI1 Member Tully moved that a
public hearing be held on the Ordinance
~he A&~~ill6h~t,.;;~t o~~::cMým~
and that the City Clerk be iustructed to
publish notice of the hearing in the
manner required by law. Seconded by
Mayor Wertzberger. Carried by the
followin .( vote:
Yeas-Mayor Wertzberger, Couucll
Members Farrell, King, Tully.
Nays-Councll Member Brady.
Couucll Member Farrell moved that
Philip Kelly be appointed to the Civic
Center Commission for a two year term
expiring 6-29-60. Seconded by Couucll
Member Brady. Carried by the follow-
ingvote:
Yeas-Mayor Wertzberger, CouucI1
Members Brady, Farrell, King, Tully.
Nays-None.
Mayor Wertzberger moved that Dean
Miller be appointed to the Human
Rights Commission for a three year
term expiring 1-1-82. Seconded by
Couucil Member King. CouucI1 Member
Farrell moved that Mary Roling be
appointed to the Hmnan Rights Com-
ndssion for a three year term expiring
1-1-82. Seconded by Couucll Member
Brady. VOTE ON THE MOTIONS
WERE AS FOlLOWS: Dean Miller--
Mayor Wertzberger, CouucI1 Members
King, Tully. Mary Roling--Couucll
Members Brady, Farrell. Dean Miller
was therefore appointed to the Hmnan
Rights Comndssion for a 3 year term
expiring 1-1-82.
Commuuication of Mary Dunne &
Maureen Siegert requesting perndssion
to conduct a St. Patrick's lJay Parade,
presented and read.
Adjourned Regular Session, March 8, 1979
74
Couucll Member Tully moved that the
request be approved and referred to
Manager for implementation. Seconded
by Couucll Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzherger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTlONNO.57-79
WHEREAS, Applications for Beer
Permits have been subndtted and fùed
to this Couucll for approval and the
same have been exandned and
approved;
WHEREAS, The prendses to be
occupied by such applicants were in-
spected and fouud to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Couucll of the
City of Dubuque, Iowa, that the Mana-
ger be authorized to cause to be issued
to the following named applicants a
Beer Perndt.
CLASS "C" BEER PERMIT
Will-Co. 1m. 805 West 5th Street
(Also Suuday Sales)
CLASS "8" BEER PERMIT
Richard B. Winsor Bunker Hill Road
(Also Suuday Sales)
Passed, adopted and approved this 8th
day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
CouucI1 Members
A'ITEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
CouucI1 Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farren, King, Tully.
Nays-None.
RESOLUTION NO. 58-79
WHEREAS, Applications for Liquor
Licenses have been subndtted to this
Couucll for approval and the same have
been exandned and approved; and
WHEREAS, The premises to be
occupied by such applicants were in-
spected 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 CouncI1 of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be issued
to the fonowing named applicants a
Liquor License.
CLASS "C" I COMMERCIAL) BEER
AND UQUOR UCENSE
Junnie's Lounge, Ltd.2095 Kerper Rivd.
IAlso Suuday Sales)
Fraternal Order of Eagles 568
1175 Century Drive
(Also Sunday Sales)
K.C. & S. Co., Inc. 4th and Main Street
(Also Suuday Sales)
Paased, adopted and approved this
8th day of March 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
Carolyn Farrell
Councll Members
A'ITEST:
Leo F. Frommelt
City Clerk
Couucil Member Brady moved adop-
tion of the Resolution. Seconded by
Councll Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-Councll Members Brady, King
onK. C. & S. Co., Inc.
Couucil Member Tully moved that the
City Manager and City Solicitor be
instructed to take proper steps to
insure Dubuque-made products are
utilized and made available to the public
in City-owned facilities. Seconded by
CouucI1 Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, CotmcI1
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Building Depart-
ment submitting progress report of the
Davis property at 677 W. 8th St.,
presented and read. Couucll Member
Tully moved that the communication be
received and filed and CouncI1 concur
with Building commissioner. Seconded
by CouncI1 Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Brady, Farrell, King, Tully.
Nays-None.
75
Adjourned Regular Session, March 8,1979
Communication of Buildin¡¡ Depart-
ment, addressed to the Board of Health,
submitting a progress report on Hawks
property at 252-278 W. 17th St.,
presented and read. Jeff Hawks spoke
to the communication advising the
CouucI1 the Fire Adjuster is uot avail-
able at present; Inspection waa to be
made last week; debris have been
removed.
Council Member Brady moved that
the Building Commissioner and City
Solicitor be authorized to take all legal
action necessary for compliance by Mr.
Hawks. Seconded by Couucil Member
Tully. Carried by the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager advis-
ing of response to G. W. Westfall in
relation to starting a helicopter service,
the City would have no more than
occasional use, presented and read.
Councll Member Tully moved that the
communication be received and filed.
Seconded by Councll Member Farren.
Carried by the following vote:
Yeaa-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None. -
Printed Council Proceedings for the
month of December, 1978, were pre-
sented for approval. Councll Member
Tully moved that the Councll Proceed-
ings for month of December, 1978, be
approved as printed. Seconded by
Couucll Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
MINUTES SUBMITTED--Airport
Comndssion of 2-8 & 2-22; Community
Development Commission of 2-6, 2-9,
2-12, 2-13, 2-20 & 2.22; Five Flags of
2-20 & 2-27; DMATS of 1-25; Dock
Comndssion of 12-6-78; Housing Com-
mission of 2-20; and Planning & Zoning
Comndssion of 2-8, presented and read.
CouncI1 Member Tully moved that the
minutes be received and filed.
Seconded by Councll Member King.
Carried by the following vote:
Yeaa-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager re-
commending installation of street lights
in Sunset Park Sub. #4, with petition
attached, presented and read.
Couucil Member Tully moved that the
recommendation be approved. Second-
edby Couucll Member King. Carried
by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager re-
commending installation of two street
lights near the entrance of the Stonehill
Care Center on Windsor Ave., present-
ed and read. Couucll Member Tully
moved that the recommendation be
approved. Seconded by CouucI1
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager Sub-
ndtting report of City Treasurer, Fin-
ance Director, Water Supt" Health
Dept" also list of clalms for January,
1978, presented and read. Council
Member Tully moved that the communi-
cation be received and filed. Seconded
by Councll Member King. Carried by
the followin¡¡ vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, 1'uily.
Nays-None.
Proof of Publication, certified to by
the Publisher, of List of Receipts and
Expenditures for the month of January,
1978, preseuted and read. Council
Member Tully moved that the proof of
publication be received and filed.
Seconded by Councll Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
February 15, 1979
Honorable Mayor & City Couucll:
Original Notice with Petition attached
was served on the City of Dubuque on
Augost 8, 1977 wherein Jeannette
Scheuring was plaintiff and the City of
Dubuque was named defendant with
plaintiff praying for damages in the
amouut of $10,000.00 for personal in-
juries allegedly suffered by plaintiff on
September 26, 1976 as the result of a
fall on a public sidewalk adjacent to the
south wall of the MTC store. Plaintiff
clalmed a substantial difference in
elevation in said public walk.
This matter has been referred to the
City Attorney who has entered appro-
priate defenses with the abutting pro-
perty owner being bronght into the
lawsnit. The City Attorney's office
finds that claimant suffered injuries
consisting of multiple lacerations, con-
tusions and abrasions about the face,
knees, elbows and pelvis. As the result
of said fall, plaintiff also dixlodged a
prosthetic devise in her nose.
Adjourned Regular Session, March 8, 1979
Plaintiff, through her attorney, has
made an offer of settlement in said
matter in the total amount of $3,000.00,
and counsel for the abutting property
owner has agreed to contribute one-half
thereto. In view of the foregoing, it is
the recommendation of the City At-
torney that said offer of settlement be
accepted and that the City Auditor be
instructed to draw warrant payable to
Jeannette Seheuring in the amouut of
$1,500.00 and transndt same to the City
Attorney for delivery upon receipt of
duly executed releases and disndssal in
said matter.
R. N. Russo
City Attorney
Councll Member Tully moved that the
recommendation of settlement be ap-
proved and City Auditor directed to
issue proper warrant. Seconded by
Councll Member King. Carried by the
fonowing vote:
Yeas-Mayor Wertzberger, Couucll
Members Brady, Farrell, King, Tully.
Nays-None.
Commuuications of City Attorney re-
commending DENIALS of Personal
injury claim of Dorothy 1. Frohs, no
liability on part of the City; Personal
injury claim of Angela M. Pitz, no
actionable negligence on part of. City;
Personai injury claim of George C.
Vogel, no actionable negligence on part
of the City; Personal injury claim of
TImothy Kramer, no actionable negli-
gence on part of the City; Personal
injury claim of Auu Marie Murphy, no
actionable negligence on part of the
City; Car damage claim of Kenneth L.
Beck, no actionahle negligence on part
of the City; Car damage claim of David
J. Sehndtt, no actionable negligence on
part of the City; Personal injury claim
of Howard T. O'Mara, no actionable
negligence on part of the City; Personal
injury claim of Adele M. King, no
actionable negligence on part of the
City, presented and read.
Couucil Member Tully moved that the
communications be received and fiied
and recommendations of denial be ap-
proved. Seconded by Connell Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-none.
NOTICE OF CLAIMS-- Marie Motsch,
in the amouut of $300., for personal
property damage as the result of
hacked-up sewer at 609 Lincoln Ave. on
2-13-79; William R. Harry, in the
amount of $15,000., for personal injuries
received in a fall into a sewer hole at
28th & Jackson Sts. on 2-8-79; Atty.
76
Paul Fitzsinnnons, on behalf of Eliza-
beth Uhirich, in the amount of $15,000.,
for personal injuries received in a fall on
the 8th St. Side of the Dubuque Bldg.,
Michael W. Gassman, in an undeter-
mined amount, for car damage incurred
as the result of driving over a depres-
sion in the first block of Wainut St. off
Loras Blvd. on 2-16-79; Chi Huu Le, in
an undetermined amount, for car dam-
age incurred as the result of driving
into a depression on Walnut Street on
Wainut Street on 2-24-79; Robert
Spiegelhalter, in the amouut of $155.13,
for car damage incurred as the result of
car being struck by a city-owned truck
whlle parked at 1075 Oak St. on 2-24-79;
Elizabeth M. Myers, in an estimated
amouut of $213.88 for car damage
incurred as the result of striking an
impression in the street on Kerper
Blvd. on 2-23-79, presented and read.
Couucll Member Tully moved that the
Notices of Claims be referred to the
City Solicitor for investigation and
report. Seconded by Council Member
King. Carried by the fonowing vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tully.
Nays-None.
Vincent Roling of 3260 Pennsylvania
Ave. spoke to the Councll relative to
storm sewer, erosion and pollution
problems in the area of Pennsylvania
Ave. and J.F.K. Road. Couucll
Member Tully moved that the matter
be referrred to the City Manager, City
Solicitor and Staff for investigation.
Seconded by Couucil Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
There being no further business,
CouucI1 Member Tully moved to adjourn
to the Couucll Meeting of April 2, 1979
at 7:30 p.m. in the Councll Chambers.
Seconded by Councll Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
LeoF. Frommelt
City Clerk
Approved
1979
1979
Adopted
- -
--
77
Adjourned Regular Session, March 8,1979
Couucll Members
ATTEST:
City Clerk
Special Session, March 19, 1979
78
CITY COUNCIL
OFFICIAL
Special Session, March 19, 1979.
Couucil Met at 7:30 P.M. (C.S.T.)
Preseot-Mayor Wertzberger, Council
Members Farrell, King, Tully. City
Manager Gllbert D. Chavenelle.
Absent-Council Member Brady.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and this Meeting is called to
CONSIDER ORDINANCES FOR
ADOPTION ON VARIOUS REZONING
PROPERTIES and acting npon such
other business as may properly come
before a Regular Meetiug of the
Couucil.
Invocation was given by Rev. John
Wllson of First Baptist Church.
Proclamation proclaiming week of
March 18 thru 24 as "Substance Abuse
Prevention Week" was read and so
proclaimed by Mayor Wertzberger.
Proof of Puhlication, certified to by
the Publisher, of Notice of Public
Hearing to reclassify properties on
either side of the 2700 Block of Univer-
sity Ave. from C-2 Local Service
Commercial District and R-3 Residential
District to C-3 Arterial Business Com-
mercial District, presented and read.
No written objections were filed and no
oral ohjectors were present in the
CouucI1 Chamber at the time set for the
hearing.
Couucll Member Tully moved that the
proof of publication be received and
filed. Seconded by Councll Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
ORDlNANCENO.16-79
An Ordinance of the City of Dubuque,
Iowa, providing that the Code 01
Ordinances, City of Dubuqoe, Iowa, be
amended by revising Appendix A there-
01, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa", by reclnBsifyútg properties lying
on either side of tbe 2700 Block of
Uoiversity Ave. from C-2 Local Service
Commercial District and R-3 Resideutiaf
District to G-3 Arterial Business Com-
mercial District Classificatioo,
said Ordinance having been previously
presented and read at the Councll
Meeting of February 5, 1979, presented
for final adoption.
OlIDlNANCE NO. 16-79
An Ordinance of the City of Dubuque,
Iowa, providing that the Code of
Ordinances, City of Duboque, Iowa, he
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa", hy reclassifyútg hereinafter de-
scn'bed properties lying on either side
of the 2700 mock of Uoiversity Ave.
from C-2 Local Service Commercial
District and R-3 Residential District to
C-3 Arterial Buainess Commercial Dis-
trict Classification.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thai the Code of Qrdi-
=es of the Oity of Duhuque, Ioua, be
a'l7l£'lU1ed by revising Appemiix A there-
of, also krwwn as the "Zrming Ordinanee
a:nd Zrming Map of the Oity of Dubuque,
Ioua", by reclassifying hereinofter de-
scribed property from "C-2 Local Ser-
vice Ccnnmercio1 Dist""'t" classificaii<m
to "C-3 Arterial Business Cmmnercio1
Dist,,",t" classificati<m, to wit:
Lot 1 of the Sub of Mineral Lot 248.-
Lot 2 of Lot 2 of Lot 1 of Lot 2 of Min-
eral Lot 248.- Lot 1 of the Sub of Lot 2
of Mineral Lot 237.- Lot 2 of Mineral
Lot 238.- Lot 3 of the Sub of Mineral
Lot 238.- Lot 1 of the Sub of Lot 2 of
Mineral Lot 242.- Lot 2 of the Sub of
Lot 2 of Minerol Lot 242.- Lot 3 of the
Sub of Mineral Lot 242.- Lot 2 of the
Sub of Lot 1 of Lot 1 of Correcti<m
PIo1 of Lot 2 of Lot 1 of Lot 20f "Ihn-
son's Farm Subdivision", Lot 2 of Lot
1 of Correcti<m Plai of Lot 2 of Lot 1
of Lot 2 of "Bonson's Farm Subdivi-
sion".- Lot 1 of the Sub of Lot 1 of Lot
1 of Correcti<m Plai of Lot 2 of Lot 1
of Lot 2 of "Bonson's Farm Subdivi-
sion", a:nd Lot 1 of part of Lot 1 of
Mineral Lot 238 except the Sootherly
150 feet thereof, all in the Oity of
Dubuque, Iowa.
Section 2. Thai the Code of Ordi-
=es of the Oity of Duhuque, Ioua, be
a'l7l£'lU1ed by revising Appendix A there-
of, also krwwn as the "Zrming Ord';nanee
ami Zrming Map of the Oity of Dubuque,
Ioua", by reclassifying hereinafter de-
scribed property from "R-3 Residential
District" classification to "C-B Arterial
Business Ccnnmercio1 District" classifi-
caii<m, to wit:
Lot 1 of the Sub of Lot 2 of Lot 2 of
Correction PIo1 of Mineral Lot 248.-
wt 3 of the Sub of Lot 1 of Lot 2 of
Correction PIo1 of Mineral Lot 248.-
Lot 1 of the Sub of Lot 1 of Lot 2 of
Correction Pillt of Mineral Lot 248.-
a:nd Lot 2 of the Sub of Lot 2 of Lot 2
of Correction Plai of Mineral Lot 248,
Special Session, March 19, 1979
Special Session, March 19, 1979
80
79
said Ordinance having been previously
presented and read at the Connell
Meeting of February 5, 1979, presented
for final adoption.
Section 2. That the fœ-egoing ornwrul-
ment haJJ heretofœ-e been approved by
the PlÆmning and Zoning Crnnmissian of
the City of Dubuque. Iowa.
Passed, approved and adopted this
19th day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Couucil Members
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing to reclaasify properties de-
scribed as Lot 1 of Lot 8 of Reche's
Sulid" and Lot 1 of Lot 7 of Reche's
Sulid. all in the City of Dubuque, Iowa
(located at 1874-76 and 1896 Delhi St.)
from ID Institutional District to R-3
Residential District Classification, pre-
sented and read. No written objections
were filed and no oral objectors were
present in the Couucil Chamher at the
time set for the hearing.
Couucil Member Tully moved that the
proof of publication be received and
filed. Seconded by CouncI1 Member
King. Carried by the fonowing vote:
Yeas-Mayor Wertzberger, Councll
Members Farrell, King, Tnlly.
Nays-None.
Absent-Councll Member Brady.
all in tire City of Dubuque, Iowa.
- 3. That tire foregoing o:mendr
men/;s hœve heretojorebeen opproved
by the Plmming and Zooing Crnnmis-
sian of tire City of Dubuque, Iowa.
Passed, approved and adopted this
19thdayofMarch,I979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Councll Members
ORDINANCE NO. 17-79
An Ordinance of the City of Dubuque,
Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by reclassifying property at 1935
Uoiversity Aveoue from ID institu-
tional District Classification to R-3
Realdential District Classification.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of ardi-
nonces of the City of Dubuque, Iowa. be
ornwnded by revimng Apperniix A
thereof; also Icnown as tire "Zrming
Ordinonce and Zoning Map of the City
of Dubuque, Iowa", to rec/m;sify lrerein-
after described real estate frmn "ill
Institutimwl District" c/m;sification to
"R-8 Residential District" c/m;mfication,
to wit:
Lot 1 arul Lot 2 of Lot 15 in Tschirgi
and Schwind Svbdivision; the West
11.1 feet of Lot 14 in Tschirgi and
Schwirul Subdivision; and Lot 2 of
Lot 4 of Lots 80 and 81 of Morheiser's
Addition in the City of Dubuque,
Iowa.
- 2. That tire foregoing ornwrul-
men/; haJJ heretofore been œpproved by
tire PI1mning and Zrming Crnnmissian of
the City of Dubuque, Iowa.
Passed, approved and adopted this
19th day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tnlly, Jr.
D. Michael King
Carolyn Farrell
Councll Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 22nd day of
March, 1979.
Leo F. Frommelt
City Clerk
ATTEST:
LeoF. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 22nd day of
MBrch, 1979.
Leo F. Frommelt
City Clerk
It 8/22
Couucll Member Tully moved final
adoption of the Ordinance. Seconded by
Council Member King. Carried by the
fonowingvote:
Yeas-Mayor Wertzberger, CouncI1
Members Farren, King, Tully.
Nays-None.
Absent-Councll Member Brady.
Petition of Riverboat Museum Com-
ndttee of Dubuque Couuty Historical
Society requesting vacation of a portion
of Third Street, presented and read.
CouucI1 Member Tully moved that the
request be approved. Seconded by
Couucll Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
Petition of Dubuque Barge & Fleeting
Service requesting vacation of a portion
of Third Street, presented and read.
CouucI1 Member Tully moved that the
request be approved. Seconded by
Councll Member Farrell. Carried by
the following vote:
Yeaa-Mayor Wertzberger, CouucI1
Members Farrell, King, Tully.
Nays-None.
Absent-Couucll Member Brady.
1t8/:12
ConncI1 Member Tully moved final
adoption of the Ordinance. Seconded by
Councll Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger. CouncI1
Members Farrell, King, Tully.
Nays-None.
Absent-'Councll Member Brady.
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing to reclassify the propecty
described as Lot 1 and Lot 2 of Lot 15 in
Tschirgi and Schwind Sulid.; the West
11.1 feet of Lot 14 in Tschirgi and
Sehwind Subd.; and Lot 2 of Lot 4 of
Lots 30 and 31 of Morheiser's Addn. in
the City from ID Institutional District
Classification to R-3 Residential District
Classification (Iocsted at 1935 Univer-
sity Ave.), presented and read. No
written objections were filed and no
oral objectors were present in the
CouncI1 Chamber at the time set for the
bearing.
CouncI1 Member Farrell moved that
the proof of pnblication be received and
filed. Seconded by Councll Member
King. Carried by the following vote;
Yeas-Mayor Wertzberger, CouncI1
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
ORDINANCE NO. 17-79
An Ordinance of the City of Dubuque,
Iowa, providing that the Code of
Ordinanees, CIty of Dubuque, Iowa, be
omended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubnque,
Iowa" by reclassifying prope1'ty at f935
U~.....ty Avenue frøm ID Institu-
tional District Classifieation to R-3
Residential DistrIct Classi6catioo,
ORDINANCE NO. 18-79
An Ordinance of the City of Dubuque,
Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, he
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by reclassifying properties at
1874-1876 Delhi and 1896 Delhi from ID
Institutional District Classification to
R-3 Residential District Classification,
said Ordinance having been previously
presented and read at the Councll
Meeting of Februsry 5, 1979, presented
for final adoption.
ORDlNANCENO.18-79
An Ordinance of the City of Dubuque,
Iowa, providing that the Code of
Ordinances, City of Dubuquo, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by reclassifying properties at
1874-1876 Delhi and 1896 Delhi from ID
Institutional District Classification to
R-3 Residentia1 District Classification.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nonces of the City of Dubuque, Iowa, be
ornwru1ed by revising Apperu1ix A tlrere-
of, also Icnown as the "Zoning Ordinonce
and Zoning Mup of the City of Dubuque,
Iowa", to rec/m;sify hereinofter describ-
ed real estate frmn "ill Institutimwl
District" c/m;mfication to "R.8 Rem-
dential District" c/m;mfication to wit:
Lot 1 of Lot 8 of Reche's Subdivision:
and Lot 1 of Lot 7 of Rcclre's Sub-
divisian all in the City of Dubuque,
Iowa.
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 22nd day of
MBrch, 1979.
RESOLUTION NO. 60-79
Resolution Approving a Plat 01. part of
Third Street abutting Blocks D and E of
Booths Addition, also vacated Market
Street in the City 01 Dubuque, Iowa.
Leo F. Frommelt
City Clerk
It 8$
Council Member Farrell moved final
-edoption of the Ordinance. Seconded by
Councll Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Farrell,.King, Tully.
Nays-None.
Absent-Council Member Brady.
WHEREAS, there is a plat presented
to the City Councll of Dubuque, Iowa
dated February 1, 1979, prepared by
Cullen, Kilby, Carolan & Associates,
P.C., Professional Engineers and Land
Surveyors, covering vacating a portion
of '!'hird Street abutting Blocks D and
Special Session, March 19, 1979
Special Session, March 19, 1979
81
82
the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
Couucll Member Tully moved that a
public hearing be held on the Ordinance
on April 2, 1979 at 7:30 o'clock p.m. in
the Couucll Chamber at the City Hall
and that the City Clerk be instructed to
publish notice of the hearing in the
mauuer required by law. Seconded hy
Couucll Member Farren. Carried hy
the following vote:
Yeaa-Mayor Wertzberger, Couucll
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
Petition of Gleun E. & Margaret L.
Heald requesting annexation of Lot 2 of
1 of 1 of 1 of 1 of 1 of 1 of 1 of Henschel's
Black Forest in Table Mound Township,
presented and read.
CouucI1 Member Tully moved that the
request be approved. Seconded by
Couucll Member Farren. Carried hy
the following vote:
Yeas-Mayor Wertzberger, Council
Members Farren, Tully.
Nays-None.
Abstain-Couucll Member King.
Absent-Councll Member Brady.
RESOLUTION NO. 61-79
E, of Booths Addition, also vacated
Market Street, all in the City of
Dubuque, Iowa; and
WHEREAS, said plat conforms to the
laws and statutes pertairdng thereto.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A that:
Section 1. The pint dated February 1,
1979 prepœred by Ou1/en, Kilby, CaroTnn
& Associates, Professimwl FJngineers
awl Land Surveyors, covering the real
estate herein above described, be awl
the Sa:m£ is hereby approved, and the
Mayor and City Clerk be and they are
herelY¡¡ authorized and directed to exe-
cute said pint for and an behalf of the
City of Dub11lJ'U€, Iowa; and
Sectioo 2. The City Cwrk be and is
herelY¡¡ authorized and directed to file
said plnt and certified copy of this Re-
solution in the OffWe of the Recorder in
awl for Dubuque County, Iowa.
Passed, approved and adopted this
19th day of March, 1979.
Richard Wertzberger
MAYOR
Thomaa A. Tully, Jr.
D. Michael King
Carolyn Farrell
Councll Members
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA AS
FOLLOWS:
Sectioo 1. That the territorial limits
of the City of Dubuque, Iowa, be, and
they hereby are, extended to include
the area wmprised of the folWwing
described real estate:
Lat20f Lat 1 ofLat 1 of Lot 1 ofLat
1 of Lot 1 of Lat 1 of Lat 1 of
Henschel's BÙJ£k Forest in Table
Mound Township, Dubuque, Iowa.
Ißqid propmy being shown upon the
pM attached hereto, rrw:rked &hibit
"A" arul by this reference made a
part héreof. the bou:ndaries of which
being outlined in red therean. )
Sectloo 2. That the premises herein
annexed slwJ1 bee""", part of the Thir-
teenth voting precinct in the City of
Dubuque, Iowa.
Passed, adopted and approved this
19th day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
Carolyn Farrell
Councll Members
Section 2. That bawl #N8568808 of
Hartford Accident awl Indemnity C<Jm.
pany fiwd for awl an behalf of Lester
M Harney be arul the same is hereby
rewnsed.
Section 3. That the City Clerk be awl
he is hereby ordered to trœnsmit a
cmijïed copy hereof to the said Hart-
ford Accident and Indemnity Company.
Passed, approved and adopted this
19th day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Councll Members
ATTEST:
Leo F. Frommelt
City Clerk
Couucll Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, TuIIy.
Nays-None.
Absent-Couucll Member Brady.
Communication of City Manager re-
questing approval to publish notice to
satisfy Federal requirement that a
summary of the adopted Revenue Shar-
ing Fuud Budget is avallable for inspec-
tion, presented and read.
Couucll Member Tully moved that the
request be approved. Seconded by
Couucll Member Farrell. Carried by
the fonowing vote:
Yeaa-Mayor Wertzberger, Council
Members Farrell, King, TuIIy.
Nays-None.
Absent-CouucI1 Member Brady.
Communication of City Manager re-
commending that the City do not apply
for perndtting authority with DEQ for
local authority to' issue perndts for
sewer and water extensions, presented
and read.
Couucll Member Tully moved that the
communication be received and filed
and recommendation approved. Se-
conded by Couucll Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Farren, King, Tully.
Nays~None.
Absent-CouncI1 Member Brady.
Couucll Member King further moved
that the communication be referred to
the Planning & Zoning Department to
include in their subdivision analysis.
Seconded by Couucll Member Tully.
Carried by the following vote:
Yeaa-,-Mayor Wertzberger, Couucll
Members Farrell, King, TuIIy.
Nays-None.
Absent-CouucI1 Member Brady.
ATTEST:
Leo F. Frommelt
City Clerk
Couucll Member Tully moved adop-
tion of the Resoiution. Seconded by
Couucll Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Farren, Tully.
Nays-None.
Abstain-CouucI1 Member King.
Absent-Council Member Brady.
ATTEST:
Leo F. Frommelt
City Clerk
Couucll Member Tully moved adop-
tion of the Resolution. Seconded by
Couucll Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Councll
Members Farrell, King, Tully.
Nays-None.
Absent-Council Member Brady.
AN ORDINANCE vacating a portion
of Third Street abutting Lot 3 and Lot 1
of the Subdivision of Lots 1 thru 21 in
Block E and Lots 1 thru 14 in Block D,
all in Booths Addition, also vacated
Market Street, all in the City of
Dubuque, Iowa, presented and read.
Couucil Member Tully moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Couucll Member Farren. Carried by
the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
Couucll Member Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded hy
Couucil Member Farrell. Carried by
WHEREAS the owners of an area
approximately 0.73 acres in size lying
south of the main portion of the City of
Dubuque, Iowa and inunediately conti.
guous to the existing city lindts, now
voluutarily petition the City CouncI1 for
aunexation of their property to the City
of Dubuque, Iowa; and
WHEREAS the inhahitants of said
territory will be enabled to secure the
benefits of city government if said
property is incorporated within the
lindts of the City of Dubuque, Iowa, to
wit, the benefits of police and fire
protection, and the securing of water
and other municipal services:
RESOLUTION NO. 62-79
WHEREAS, Lester M. Harney has
heretofore. been appointed as Airport
Commissioner, in and for the City of
Dubuqne, Iowa; and
WHEREAS, Rachael M. Maerschalk
has heretofore bern appointed as Air.
port Commissioner, in and for the City
of Dubuque, Iowa; and
WHEREAs, each of the aforemen-
tioned Airport Commissioners no longer
occupy said position and the indemnity
bond heretofore filed for and on behalf
of each should be reieased.
WHEREAS Chapter 368 of the Code
of Iowa, as amended, authorizes the
extension of city lindts nuder such
circumstances by .adoption of a Resolu-
tion therefore; and
WHEREAS the future growth, order-
ly development and preservation of the
puhlic health of the City of Dubuque,
Iowa makes it imperative that said
prendses be made a part of the City of
Dubuque, Iowa;
NOW THEREFORE BE IT RE.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That bawl #N8568808 of
Hartford Accident awl Indemnity Com-
pany fiwd for arul an behalf of Raclwæl
M Maerschalk be awl the same is
herelY¡¡ rewnsed.
----
83
Special Session, March 19,1979
Seconded by Connell Member Tully.
Carried by the following vote:
Yeaa-Mayor Wertzberger, CouucI1
Members Farrell, King, Tully.
Nays-None.
Absent-Couucll Member Brady.
Thomas McKay, Attorney for Dupaco
Credit Umon, voiced oppositions to the
closing of South Hillcrest Road.
Mike Meloy, attorney for Hillcrest
Associates, advised they join with
Dupaco Credit Umon opposing to clos-
ing of South Hillcrest Road. Area
consists of Section 236 Federal Housing
Project; Closing would inhibit types of
services. Their client spend $80,000.
to build the street according to City's
request.
Couucil Member Tully moved that the
communication be received and filed
and referred to the Public Works
Director. Seconded by CouucI1 Member
Farrell. Carried by the following vote:
Yeaa-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-None.
Ahsent-Councll Member Brady.
Petition of Craig E. Sinnard willing to
snbndt a plan that would allow down-
town workers to purchase a permit to
park downtown dUÌ'ing working hours
at a reduced or no pay rate, presented
and read.
Craig E. Sinnard of 1665 Bies Dr.
spoke to the petition.
Couucll Member Tully moved that the
petition be referred to the City Man-
ager. Seconded by Couucll Member
Farrell. Carried by the following vote:
Yeaa-Mayor Wertzberger, Couucil
Members Farrell, King, Tully.
Nays-None.
Ahsent-Council Member Brady.
Petition of Manternach Development
Co. reqnesting the installation of lights
in Terrace Estates First Addn. on six
existing poles, presented and read.
Couucll Member Tully moved that the
petition be referred to the Electrical
Inspector. Seconded by Couucll Mem-
ber Farrell. Carried by the following
vote:
M~~'t;~~ell:^'~;~~;: Council
Nays-None. '
Absent-Connell Member Brady.
Petition of Five Flags Center request-
ing approval of free parking in city
ramps on the evenings of March 24th
and Aprll 7th, presented and read.
Steve Peters, Mgr. of Civic Center
and Vanghn Gayman, Chairman of Civic
Center Commission spoke to the re-
quest stating it isa viable item;
No Charge for shuttle bus service
planned.
Communication of Board of Dock
Comndssioners subndtting a report on
the results of making inqmry into the
status and econondc impact of the
Menominee River, Switzer Lake Harbor
Project, presented and read.
Councll Member Tully moved that the
communication be received and filed.
Seconded by Councll Member King.
Carried by the following vote:
Yeaa-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
Communication of Walter Holl and
Associates requesting withdrawal of
reqnest previously subndtted to the
Councll, presented and read.
CouncI1 Member Tully moved that the
request be approved. Seconded by
CouncI1 Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Councll
Members Farrell, King, Tully.
Nays-None.
Absent-Conncil Member Brady.
Communication of Administrative
Assistant Hantelmann advising of the
Yonth in Govermnent Program on April
2, 3 and 4 and requesting Conncil
Member notification on their part in the
program, presented and read.
CouucI1 Member Farrell moved that
the commuuication be received and filed
and participation encouraged. Second-
ed by Couucil Member Tully. Carried
by the following vote:
Yeaa-Mayor Wertzberger, Couucll
Members Farrell, King, Tully.
Nays-None.
Absent-CouncI1 Member Brady.
Communication of City Manager sub-
ndtting a communication from the Di-
rector for Visiting Nurses Association
requesting financial snpport for their
Hot Meals Program, presented and
read.
Council Member Tully moved that the
communication be referred to the Couu-
cl1 and City Manager. Seconded by
CouncI1 Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzherger, ConncI1
Members Farrell, King, Tully.
Nays-None.
Ahsent-Councll Member Brady.
Communication of Dupaco Employees
Credit Union Subndtting a position
statement concerning the improvements
of J.F.K. Road and the possihility of
closing South Hillcrest Rd. at the
intersection of J.F.K. Road, presented
and read.
CouncI1 Member Farrell moved to
suspend the rules to let anyone present
address the Councll if they so desire.
Special Session, March 19, 1979
84
Couucll Member Tully moved that the
request be granted. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
Councll Member Tully further moved
that the City Manager be directed to
check the revenne received from the
parking ramps after 6 p.m. Seconded
by Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Councll
Members Farrell, King, Tully.
Nays-None.
Ahsent-CouncI1 Member Brady.
Petition of the National Foundation
March of Dimes, Northeaat Chapter,
requesting perndssion to conduct its
annual Spring Walkathon on Sunday,
April 22nd, 1979, presented and read.
Council Member Tully moved that the
reqnest be approved and referred to the
City Manager for implementation.
Seconded by Couucll Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Farren, King, Tully.
Nays~None.
Absent-ConncI1 Member Brady.
Petition of Mike Fitschen et al (50
signers) requesting 10 p.m. closing time
in Falk Park, presented and read.
Mr. Mike Fitschen spoke to the
petition.
Councll Member Tully moved that the
petition be referred to the City Manag-
er and City Solicitor and requested they
investigate the problem. Seconded by
CouucI1 Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Farren, King, Tully.
Nays-None.
Absent-Couucll Member Brady.
Petition of Michael Degree et al 1388
signers) requesting an Ordinance to
prohibit transportation of all non-med-
ical radioactive materials tbrough
Dubnque, presented and read.
Paul Fuerst and Dan Ebener of
Dubuque Fellowship of Reconclliation,
JoAnn Hall of Catholic Shelter House
and Ann Bodnar, school teacher all
addressed the Councll as being in favor
of such an Ordinance for various
reasons.
CouucI1 Member Tully moved that the
petition be referred to the Councll and
Staff and they be requested to search
out information from Leagoe of Cities.
and Department of Energy for
guidance. Seconded by Mayor Wertz-
berger. Carried by the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Farrell, King, Tully.
Nays-None.
Absent-CouucI1 Member Brady.
Communication of City Attorney ap-
proving Amendment to Lease and
Agreement between the Dock Comnds-
sion and Dnbuqne IJarge & Fleeting
Service, presented and read.
CouncI1 Member Tully moved that the
amendment be approved and referred
to Dock Comndssion for proper proceed-
ings. Seconded by Councll Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Farrell, King, Tully.
Nays-None.
Ahsent-CouucI1 Member Brady.
RESOLUTION NO. 63-79
WHEREAS, The Sisters of St. Fran-
cis of Dubuque, Iowa, Stonehill Devel-
opment Corportation, Stonehiil Com.
munity Association, Padre Pio Health
Care Center, Inc., Interstate Power
Company, and Govermnent National
Mortgage Association desire to file a
Decd of Vacation concerning the plat-
ting of Lot 1 of Lot 3 of "Stone Hill
Community Subdivision No.1" in the
City of Dubuque, Iowa; and the Sub-
division of Lot 1 of Block 7 in "Phase
One of Stone Hill Community Sub-
division No.1" in the City of Dubuque,
Iowa, which plat was filed for record
December 8, 1978, and recorded as
Instrument No. 11623-78; and
WHEREAS, Section 409.18 of the
Code of Iowa provides that any plat
may be vacated by a proprietor thereof
with the consent of the City; and
WHEREAS, the City CouncI1 fmds
that said City of Dubuque should
consent to the vacation as prayed.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA;
Section 1. City Cau11£Ü hereby con-
sents to the ftJing of the Deed of
Vacation concerning the platting of Lot
1 of Lot 8 of "Stone HiU Cønmunity
Subdivision No. 1" in the Oity of
Dulruque, Iowa; o:nd the Subdivision of
Lot 1 of Block 7 in "Plw.se One of Stone
Hill Cønmunity Subdivision No.1" in
the Oity of Dubuque; Iowa, which ploi
was filed for record December 8, 1978,
o:nd recorded as Imt:rwmR:nt
No. 11625-78.
Passed, adopted and approved this
19thdayofMarch,I979.
Richard Wertzberger
MAYOR
85
Special Session, March 19, 1979
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Couucll Members
ATTEST:
Leo F. Frommelt
City Clerk
Couucil Member Tully moved adop-
tion of the Resolution. Seconded by
CouncI1 Member King. Carried by the
following vote: ,
Yeaa-Mayor Wertzberger, CouucI1
Members Farrell, King, Tully.
Nays-None.
Absent-CouncI1 Member Brady.
March 13, 1979
Honorable Mayor and City Councll:
RE: SISTERS OF ST. FRANCIS,
DUBUQUE, IOWA
FINAL PLAT -"STONElllLL
COMMUNITY SUB. NO.1"
WINDSOR AVE. EXTENSION
The City of Dubuque Planning and
Zoning Commission haa reviewed a final
plat subdividing Lot 1 of Lot 3 of
"Stonehill Community Sub. No.1" into
Lots 1 and 2; and subdividing Lot 1 of
Block 7 in "Phase One of Stonehill
Community Sub. No.1" into Lots 1, 2,
and 3. The property is located on the
west side of Windsor Avenue, north of
the Windsor Medical Offices and south
of the Stonehill townhouses.
This plat is identical to the plat that
waa approved by the Commission on
October 30, 1978 and approved by the
City Couucll on November 6, 1978.
Since that time an error waa noticed in
the owner's certificate. In order to
correct that error.- the owners propose
to vacate the previous plat and to have
recorded the same plat with the cor-
rected owner's certificate.
The Planulng and Zoning Commission
has voted to approve the final plat
noting that the resolution approving
this plat contains the same provisions
previously approved by Councll. The
Commission recommends your favorahle
consideration of the matter.
CITY PLANNING AND
WNiNG COMMISSION
James D. Burke
Associate City Planner
CouncI1 Member Tully moved that the
communication be received and filed.
Seconded by Councll Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Farrèll. King, Tully.
Nays-None.
Absent-Councll Member Brady.
RESOLUTION NO. 64-79
Resolution Approving the Plat 01 Lot 1
and Lot 2 01 Lot 1 01 Lot 3 01 "Stone Hill
Community Subdivision No.1", and Lot
1, Lot 2 and Lot 3 01 Lot 1 01 Block 7 in
"Phase One 01 Stone Hill Community
Subdivision No.1", in the City 01
Dubuque, Iowa.
WHEREAS, there haa been filed with
the City Clerk a Plat of the subdivision
of Lot 1 of Lot 3 of "Stone Hili
Community Subdivision No.1" and Lot
1 of Block 7 in "Phaae One of Stone Hill
Commuuity Subdivision No.1", to be
known as Lot 1 and Lot 2 of Lot 1 of Lot
3 of "Stone Hill community Subdivision
No.1" and Lot I, Lot 2 and Lot 3 of Lot
1 of Block 7 in "Phase One of Stone Hill
Community Subdivision No.1" in the
City of Dubuque, Iowa; and
WHEREAS, said Plat haa been ex-
amined by the City Planning and Zoning
Commission and they have fonnd that
the same conforms to statutes and
ordinances relating thereto, except that
the lots to be known aa Lot 3 of the
Subdivision of Lot 1 of Block 7 in "Phase
One of Stone Hill Community Subdivis-
ion No.1" and Lot 1 of the Subdivision
of Lot 1 of Lot 3, "Stone Hili Com-
muuity Subdivision No. I" do not front
on a public street; and
WHEREAS, said Plat has been ap-
proved by the City Planning and Zoning
Commission on the understanding that
the lots to be known aa Lot 3 of the
Subdivision of Lot 1 of Block 7 in "Phase
One of Stone Hili Community Subdivis-
ion No.1" and Lot 1 of the Subdivi-
sion of Lot 1 of Lot 3, "Stone Hill Com-
muuity Subdivision No.1" wl1i not be
developed except aa sald lots shall he
made part of a conforming zoning lot
having frontage on a public street; and
WHEREAS, said Plat has been ex-
amined by the City Council and they
find the same conforms to the statutes
and ordinances relating thereto, except
that the lots to be known as Lot 3 of the
Subdivision of Lot 1 of Block 7 in "Phase
One of Stone Hill Community Subdivi-
sion No.1" and Lot 1 of the Suhdivi-
sion of Lot 1 of Lot 3, "Stone Hili
Comm.;rnty Subdivision No. I" do not
front on a puhlic street; and
WHEREAS, the City Couucil concurs
in the findings and conditions of ap-
proval established by the City Plauning
and Zoning Commission.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIl. OF
THE CITY OF DUBUQUE, IOWA:
Special Session, March 19, 1979
86
Section 1. Thal tluJ PM of the
mbdivision of Lot 1 of Lot 3 of "Stone
HiJ1 Community Subdivision No. 1" and
Lot 1 of Block 7 in "Plwte One of StO1l€
HiJ1 Community Subdivision No. 1", to
be known ""Lot 1 and Lot 2 of Lot 1 of
Lot 3 of "StO1l€ HiD. Community Sub-
divilrion No. 1" and Lot 1, Lot 2, and
Lot 3 of Lot 1 of Bwck 7 in "Plwte One
of StO1l€ HiJ1 Community Subdivision
No. 1" in the Oity of Dubuque, Iowa, be
and the same is hereby approved and
the Mayor and City Clerk œre. hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said PM, provided t/wi the
owners of said property sluJJl execute
their written aæeptœnæ hereto at-
t(]£hed, (]£knowledging and agreeing:
(a) T/w1; tluJ City of Dubuque, Iowa
wiU wt issue a permit for any
tkveÚY]Yment on the wts to be
known "" Lot 3 of the Sub-
divilrion of Lot 1 of Bwck 7 in
"Ph""e One of StO1l€ HiD.
Community Subdivision No. 1"
and Lot 1 of the S11lJdivision of
Lot 1 of Lot 3, "StO1l€ HiU
Community Subdivision No. 1",
except"" said wts sluJJl be made
part of a confmming zoning wt
having frontage on a public street.
Section 2. That in the event the
owners sluJJl fail to execute the Accep-
tœnæ provitkd for in Section 1 hereof
within forty-five (.5) dßys after the
date of this Resolution, the provisions
IuJreof shall be nall and vaid and the
approval of the PM sluJJl wt be
effective.
Passed, adopted and approved this
19th day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Couucll Persons
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 64.79
We, the uudersigned, having read the
terms and conditions of the foregoing
Resolution No. 64-79 and being frtndilar
with the conditions thereof, hereby
accept the same and agree to the
conditions setforth therein.
Date at Dubuque, Iowa this 23rd day
ofMarch,1979.
The Sisters of
Saint Francis of
Dubuque, Iowa
Sister Margaret Clare
Dreckman
President
By Sister Helen Larsen
Secretary
Corporate Seal Affixed
Cøuucll Member Tully moved adop-
tion of the Resolution. Seconded by
CouncI1 Member King. Carried by the
following vote:
Yeas-Mayor Wertzbergr, Councll
Member Farrell, King, Tully.
Nays-None.
Absent-Couucil Member Brady.
Communication of Public Works Di-
rector subndtting an Ordinance incorpo-
rating language changes, income ad-
justment and adjusted rates, all relative
to increase of .50 per month for refuse
collection rates, presented and read.
Roy Mackert, representing General
Drivers Union addressed the Couucll
objecting to the rate increase.
Couucil Member Tully moved that the
communication of Public Works Di-
rector be received and filed. Seconded
by Couucll Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Councll
Members f'arrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
ORDINANCE NO. 19-79
An Ordinance amending tbe code 01
Ordinances of the City of Dubuque,
Iowa, by repealing Section 17-32, Sec-
tion 17-35, Section 17.36 and Section
17-37 of Division 2 "City Collection
Service" and enacting a new Section
17-32, Section 17-35, Section 17.36 and
Section 17-37 of Division 2 "City Collec-
tion Service" in lieu thereof establishing
availability of collection service, limita-
tion on quantity, charges, billing and
ooIIection and providing for penalties for
violation tbereof,
presented and read.
Councll Member Tully moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Couucll Member Farren. Carried by
the following vote:
Yeas-Mayor Wertzberger, Couucil
Members Farrell, King, Tully.
Nays-None.
Absent-ConncI1 Member Brady.
CouucI1 Member Tully moved that the
rule requlring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Couucll Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Farrell, King, Tully.
87
Special Session, March 19, 1979
e<wh owner of a Class I Premises
frYr' S'lJ£h service effective April 1,
1979. Said charge rYr' fee sholl be
in paynwnt frYr' coUectian and dis-
¡x¡sal of garbage and refuse w¡ de-
fined. Exceptions to the collection
charge frYr' Class I Premises are w¡
foUows:
(1) When a Class I Premises has
been v<want frYr' a period of three
(3) consecutive mnnths rYr'longer
the owner may apply frYr' a credit
wnder procedures to be establish-
ed by the city ma_er. Such ex-
emption sholl cantinue only so
long as the Class I Premises is
v<want.
(2) Class I Premises when the
head of the household is sixty-five
( 65) years of age rYr' older and
with a per family annud income of
six th¡yw¡and dol/œrs I(j, 000) or less
may, u¡x¡n applicatian, be cx-
empte... ftwn ane-Iwlf Ph) the
established collection charge.
(3) In cases of extre"'" finarwinl
hardship the city _er may,
and is hereby authrYrized and
em¡x¡wered to -rrw.ke adjustments
in the monthly collection charge.
In oll S'lJ£h cw¡es the city _er
sholl have the authmity to require such
proof of v<waney, financial status, age rYr'
extrerM hardship w¡ he may deem
necessary.
(b ) Class II Premises. The city sholl
cantinue to collect ftwn Class II
Premises currently receiving such
service. The charge frYr' S'lJ£h col-
lection service sholl be based u¡x¡n
the average weekly qun:ntity of
gœrbage and refuse being coUect-
ed, w¡ determined by the city
_er. The rate charged sholl
be m'l1ltiple of the rate charged
Class I Premises w¡ foUows:
(1) Zero (0) to erne hundred
twenty (120) golbms of gœrbage
and refuse per week sholl be
charged the Class I vremises rate
timesane (1)
(2) The next ane hundred twenty
(120) gallons per week rYr' fr<wtion
thereof sholl be charged the Cf.o1;s
I premises rate ti"",s seventy-five
ane-hundreths (.75).
(3) AU additional units of ane
hundred twenty (120) golbms per
week rYr' jro£tian thereof sholl be
charged the residential premises
rate ti"",sfive-tenths (.5).
(.¡) Class II premises w longer
wishing to be serviced by city gœr-
bage and refuse collection sholl
provide the city with thirty (30)
days' written rwtice of its intent to
terminate the service. Such term-
Nays-None.
Absent-Council Member Brady.
ORDlNANCENO.19-79
An ordinance amending the Code 01
Ordinances 01 the City 01 Dubuque,
Iowa, by repealing Section 17-32, Sec-
tion 17-35, Section 17-36 and Section
17-37 of Division 2 "City Collection
Service" and enacting a nOw Section
17-32, Section 17-35, Section 17-36 and
Section 17-37 of Division 2 "City CoRec-
tion Service" in Reu thereof establishing
availability of coRection service, limita-
tion on quantity, charges, billing and
collection and providing for penalties for
violation thereof.
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa be
œmeru1ed by repeollng Section 17-32, I
Secctian 17-35, Section 17-36 and Sec-
tian 17-37 of Divisian 2 "CITY COL-
LECTION SERVICE" and e_ting a
new Sectian 17-32, Sectian 17-35, Sec-
tian 17-36 and Section 17-37 of Divisian
2 "CITY COLLECTION SERVICE" in
Ueu thereof to read w¡foUows:
'"DIVISION 2. City CoUectian Ser-
vice.
Section 17-32. Availabiaty of coUec-
tion service.
it) Class I Premises. City garbage
and refuse coUectianfrlYm residen-
tial premises w¡ defined m Section
17-16 sholl be mœndotrYr"IJ.
Iþ) Class II Premises. eom"",reûJl
and business premises wt ww
serviced by city garbage and
refuse collection services may
apply frYr' S'lJ£h collection services
ftwn the city _er. The
coUection rate will be determined
ftwn the fee schedule set farth in
Section 17-36.
The city reserves the right to
refuse gœrbage and refuse coUec-
tian service because of qUlJff!tities
by city persmmel and
equipment.
Section 17-35. Umitation an quantity
ftwn residential premises.
The qun:ntity of garbage and refuse to
be coUeclcd by the city shollwt exceed
ane hundred and twenty (120) golbms
per week frYr' e<wh Class I Premises unit
w¡ definedm Section 17-16.
Section 17-36. Charges--Amounts:
exception.
(a) ClassIPremises. Exceptw¡qunli-
fied below, a fee of three dol/œrs
($3.(}(}) per mnnth sholl be charg-
ed by the city and collected jr<Ym
Special Session, March 19, 1979
88
inotian of service sholl be effective
with the next biUing period.
Section 17-37. Same - BiUing and col-
lection.
(a) Initi.aI1y, the city _er sholl
bin frYr' collection service ftwn a
recrYr'd of <wcounts registered JrYr'
biUing an April 1, 1979. Subse-
quently, the city _er is auth-
mized to bin tenants upon the re-
quest of the property owner <w-
crYr'ding to a procedure to be
established by the city ma_er.
The property mvner in S'lJ£h cw¡es
sholl agree to provide dota an
tenants' movements. In cw¡es
of w city water rYr' sewer service
the city sholl bin the owner.
I b) Class I Premises <wcounts sholl
be biUed bi-mnnthly. Class II
Premises <wco-unts sholl be billed
mnnthly. AU coUectian charges
are payable in advance.
(c) The collection of garbage and
refuse as provided by this division
ftwn Class I Premises and rnninte-
nance of the œvaiwbüity of such
service, whether rYr' wt such ser-
vice is used regularly rYr' wt at oll
by the owner of such Class I
premises, is hereby decwred a
benefit to said premises at least
cq-ugl to the mnnthly charges
specijïed in this division, and in
case of failure to pay the mnnthly
charge when biUed, as heretofrYr'e
provided, then the mnnthly charge
sholl become a lien against the
property benefited rYr' served and
sholl be collected in the sœrne
manner as general property taxes.
(d)At lew¡t <mnunlly the city_er
sholl prepere a deanquenl ast of I
persons failing to pay the mnnthly
charge required by this division,
listing the Class I Premises for
which the service wa.'1 rondered
and tM amount due therefrom.
ResolutÙms sholl thereupon be
prepared assessmg the delinquent
charges to tM properties so bene-
fited. Such resolutians, properly
passed by the city council. sholl be
certified by the city clerk to the
county auditor and sœrne sholl
then be coUected with, and in the
sa"", manner, w¡ generat property
tœJJes.
AU ordinances or parts of ordinances
in canflict with this rn-dinance œre
hereby repeuled. '
If <my section, sentence or part of this
ordinance is for any rew¡an held invalid
or unconstitutional, such decisian sholl
wt offect the voJidity of the remni:ning
partions of this ordinance.
Any persan, firm or corporation vio-
laiing <my of the provisions of this
ordinance shall be dee"",d guilty of a
misdemeo:nor und sholl be punisMd by a
fine ofwt more thœn $1()(}.(}(} or be im-
prisanedfor wt more thœn thirty (30)
days.
This ordinance sholl be in full force
and effect after its find passage,
approval and pubacation as provided by
ww.
Passed, approved and adopted this
19th day of March, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Councll Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in The Telegraph
Herald Newspaper this 23rd day of
March, 1979.
Leo F. Frommelt
City Clerk
It 3/23
Couucll Member Tully moved final
adoption of the Ordinance. Seconded by
Couucil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Councll
Members Farrell, King, Tully.
Nays-None.
Absent-Couucll Member Brady.
RESOLUTION NO. 65-79.
BE IT RESOLVED, By the City CouncI1
of the City of Dubuque, Iowa, that the
foBowing having complied with the
provisions of law relating to the sale 01
Cigarettos within the City of Dubuque,
Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
James Robert Wmders
1701 Central
Rose Marie Montgomery &
Shirley Frounnelt 1400 Centrol
Passed. adopted and approved this
19th day of march 1979.
. Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Councll Members
ATTEST:
Leo F. Frommelt
City Clerk
CouucI1 Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
89
Special Session, March 19,1979
Yeas-Mayor Wertzberger, Couucll
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
RESOLUßON NO. 66-79
WHEREAS, Application for Beer Per-
mits have been subndtted and filed to
this CouncI1 for approval and the same
have been examined and approved;
WHEREAS, The prendses to be oc-
cupied by such applicants were inspec-
ted and fouud to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Couucil of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be issued
to the following named applicants a
Beer Permit.
CLASS "C" BEER PERMIT
Earl Schumacher 22Oi Centnl
(Also Suuday Sales)
LaVern Nicholas Hennen 3300 Aobury
(Also Sunday Sales)
Paased, adopted and approved this
19th day of March, 1979.
Richard Wertzberger
MAYOR
ThomasA. Tully, Jr.
D. Michael King
Carolyn Farrell
Connell Membero
ATTEST:
Leo F. Frommelt
City Clerk
CouucI1 Member Tully moved adoption
of the Resolution. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Farrell. King, Tully.
Nays-None.
Absent-CouncI1 Member Brady.
RESOLUßON NO. 67-79.
WHEREAS, Applications for Uquor
Licenses have been submitted to this
CouncI1 for approval and the same have
been examined and approved; and
WHEREAS, The prendses to be
occupied by such applicants were in-
spected and fouud 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 Councll of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named applicants
a Liquor License.
CLASS "C" lCOMMERCIAL) BEER
AND LIQUOR LICENSE
Alice If. Erscben 2617 University Ave.
IAlso Sun~ay Sales)
James &bert Wmderø 1701 Centnl
(Also Sunday Sales)
William ( Tony) Urbain 2166 Centnl
Passed, adopted and approved this
19th day of March 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Couucll Members
ATTEST:
Leo F. Frommelt
City Clerk
CouucI1 Member Tully moved adop-
tion of the Resolution. Seconded hy
Couucll Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Councll
Members F=ell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
Communication of City Manager ad-
vising of the resignation of Personnel
Manager, Michael Rohret, effective
week of March 19. 1979. presented and
read.
Councll Member Tully moved that the
communication be received and filed.
Seconded by Councll Member Farrell.
Carried by the following vote;
Yeas-Mayor Wert,berger, CouncI1
Members Farrell. King, Tully.
Nays-None,
Absent-CouncI1 Member Brady.
Communication of Shive Hsttery,
addressed to Transit Mansger, subndt-
tlng a review of the problems with the
bus barn, suggesting a more detailed
study, presented and read.
Councll Member moved that the
communication be referred to a Work
Session to be held on March 21, with
the CouncI1 and Transit Board.
Seconded by Councll Member Farrell.
Varried by the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members t'arrell, Kmg, Tully.
Nays-None.
Absent-Councll Member Brady.
Communication of Dock Commission
indicating support for the proposed
leasing of Petrakis Park to the Pillsbury
Co. subject to review of building
Special Session, March 19, 1979
program, presented and read.
Vie Grice spoke to the communication
advising to get Pillsbury to sign the
lease as soon as possible.
Couucil Member Tully moved that the
communication be received and fIled.
Seconded by Councll Member Farrell.
Carried by the fonowing vote:
Yeaa-Mayor Wertzberger, Council
Members Farren, King, Tully.
Nays-None.
Communication of Dubuque Blues
Basehall Manager submitting a clarifi-
cation of a ndsconception that the
Councll seems to have regarding their
operation due to the Couucll's reluc-
tance to put money into Petrakis Park,
presented and read.
Mayor Wertzberger moved that the
communication be referred to the
Couucll and Recreation Department.
Seconded by Councll Member Farren.
Carried by the fonowing vote:
Yeas-Mayor Wertzberger, Couucll
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
Commuuication of Dubuque Bldg. &
Construction Trades Couucll commend-
ing the City Couucll for their action
taken in support of promotion of Home-
owned products and requesting further
support, presented and read.
Couucil Member Tully moved that the
communication be received and filed.
Seconded by Councll Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couucil
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
STATE OF IOWA
BEFORE THE IOWA
DEPARTMENTAL HEARING BOARD
OF THE IOWA BEER
AND LIQUOR CONTROL
DEPARTMENT
IN RE: CLASS "C" IJQUOR
IJCENSE,
WilliamR. Parker
d/b/a Cat's Meow
320 Main Street
Dubuque, Iowa 52001
DOCKET NO. 79-B-OOO3
DECISION OF THE
HEARING BOARD
Hearing was held before this Board on
an appeal by William R. Parker, d/b/a
Cat's Meow, Dubuque, Iowa, from a
decision by the City Council of Dubu-
que, Iowa, denying his application for a
Class "C" Liquor License. Licensee was
present in person; the City of Dubuque
was represented by Bill Blum, Assistant
City Attorney.
Initialiy we note that the Board is
limited in its review of a decision by a
local authority to deny a license on an
initial application. Section 123.32(2)
provides in pertinent part:
"Upon the initial issuance
of a liquor control license
or retail beer permit, the
fact that the local authority
determines that no liquor
control license or retail
beer permit shall be issued
shall not be held to be ar.
bitrary, capricions, or with-
out reasonabie cause."
The Board is thus limited to determin-
ing if the denial was for an illegal
reason.
Evidence before the Board indicated
the prendses sought to be licensed were
in a complex owned by the applicant in
which there were three establishments:
the premises proposed to be licensed,
The Merchants Hotel, and an adult book
store. The prendses sought to be
licensed formerly housed a masaage
parlor, which the applicant had oper-
ated for a short time, and which was
closed down by a court injunction to
which applicant consented. The injunc-
tion was a permanent one which fol-
lowed a temporary one issued without
petitioner's consent, and which was
issued pursuant to a petition alleging
the massage parlor was used for pur-
poses of lewdness and prostitution.
Evidence also was presented which
indicated the Merchant's Hotel was
used for prostitution, although there
waa no proof it was promoted or
abetted by the Applicant.
The City presented a letter from a
neighborhood association which urged
the City to deny the application for a
license. Petitions urging similar action
were also presented, and althongh
adndtted into evidence the Board has
not considered the petitions.
; The aforesaid evidence the Board fmds
all contributed to the City decision to
deny the license. The Board further
fmds that the denial upon such evidence
is within the authority of the city.
There being no illegal basis for the
denial, the Board finds the decision of
the City Councll should be upheld and
the application for a Class "C" Liquor
License is ORDERED: DENIED.
Dated this 12th day of March, 1979.
HOWARD MILLER
Department of Public Safety
--
90
--
Special Session, March 19,1979
Special Session, March 19, 1979
91
92
Geisbrecht, at no cost to the City.
Couucll Member moved that the com-
muuication be received and filed.
Seconded by Couucll Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Farrell, King, Tully.
Nays-None.
Ahsent-CouncI1 Member Brady.
NOTICES OF CLAIMS--Ann C. Penne-
kamp, in the amount of $85.44, for car
damage incurred as the result of driving
into a pothole in Kerper Blvd. on
2-23-79; Mrs. Carl Nesteby, in an
undetermined amouut, for personal in-
juries received in a fall on a defective
sidewalk at 2150 Jackson St.; Jean A.
Close, in an undetermined amount, for
car damage incurred as the result of
driving into a pothole on North Grand-
view along- Buuker Hill on 2-29-79;
James A. Cocayne, in the amouut of
$60., for persona! property damage aa
the result of clothes being rulned whlle
helping police direct traffic on Kennedy
Road on 3-4-79; Robert L. Friedman, in
the amouut of $52.45, as the result of
car damage incurred by strildng a drain
in curb at Algona & St. Joseph on
3-3-79; Kimberly K. Pearce, in the
amount of $3,000., for car damage
incurred aa the result of being struck by
another vehicle due to obstruction of
vision at N. Grandview & West Third
on 1-7-79; Lyle Daughetee, in the
amount of $75.. for car damage incurred
as the result of driving into a pothole at
Sheridan & Davis on 3-6-79; Ellwood J.
Gatton, in the amouut of $125.. for car
damage incurred as the result of driving
into a pothole in Kelly Lane on 3-6-79;
Connie J. Weber, in the amount of
$13.50, for replacement of a lock broken
by a member of the police department
at 1449 Locust St. on 2-21-79; William
E. Blakeman, in the amouut of $69.22,
for car damage incurred as the result of
driving over rough and uneven railroad
tracks at Fourth St.; Lavon Kopp, in
the amouut of $74.83, for car damage
incurred aa the result of driving over
rough and uneven railroad tracks on E.
4th St. on 3-6-79; Richmond Fireproof
Door Co. in the amouut of $1,623.15, for
no payment of a door installed-at the
Eagle Point Water Treatment Facility;
Patrick N. Fox, in the amouut of
$125.93, for car damage incurred as the
result of driving into a pothole at
Hillcrest & Keunedy on 3-3-79; Patrick
N. Fox, in the amount of $52.93 for car
damage incurred as the resUlt of driving
over a sunken manhole at 2185 Roose-
velt on 2-23-79; Nellie Hartman, in the
amouut of $292.85 for personal injuries
received in a fall as the result of icy
conditions at the corner of South
Grandview & Adeline on 2-13-79; Debra
A. Roling, in an uudetermined amouut,
for persona! injuries received in a fall as
the result of icy conditions at the
Jefferson Jr. High School sidewalk
location on 2-26-79, presented and read.
Council Member Tully moved that the
Notices of Claims be referred to the
City Solicitor for investigation and
report. Seconded by !;ouncll Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Farrell, King, Tully.
Nays-None.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Notice of hearing
published 2-28-79 for discussion of hus
service, presented and read.
Couucll Member Tully moved that the
proof of publication be received and
filed. Seconded by Councll Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Couucll
Members Farrell, King, Tully.
Nays-None.
Absent-Connell Member Brady.
JOAN BALLANTYNE
Iowa Beer and Liqnor Control Council
By THOMAS D. McGRANE
Aasistant Attorney General
Copy mailed to:
communication be received and filed.
Seconded by Councll Member Farrell.
Carried hy the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-None.
Absent-Couucll Member Brady.
Verbal petition of City Manager re-
questing the hiring of an engineer to
assist with federal lawsuit against the
City regarding Wastewater Treatment
Plant was presented for discussion.
City Attorney Russo joined with the
City Manager's request that engineer
become part of legal defense. Stated it
was essential that information produced
falls into the City Attorney's office.
Subndtted the names of Vinton W.
Bacon and his assistant, Jerry Husng,
as possible consultants to assist him
with the defense; Advised fee would be
$35. per hour.
CouncI1 Member Tully moved that the
request for hiring the engineers be
approved. Seconded by Couucll Mem-
ber Farreil. Carried by the fonowing
vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-None.
Absent-CouncI1 Member Brady.
March 15, 1979
Honorable Mayor and City Couucll
William R. Parker
Dubuque, Iowa 52001
Howard Miller
Department of
Public Safety
Joan Ballantyne Bili Blmn
Iowa Beer and Dubuque, Iowa 52001
Liquor Control Couucil .
Thomas J. Miller
Attorney General of Iowa
Rolland A. Gallagher, Director
Iowa Beer and Liquor Control Couucll
City Couucll
Dubuque, Iowa 52001
Couucll Member Farrell moved that
the Decision be received and filed and
made a matter of Record. Seconded by
CouucI1 Member Tully. Carried by the
fonowing vote:
Yeaa-Mayor Wertzberger, CouncI1
Members Farrell, King, Tully.
Nays-None.
Absent-Councll Member Brady.
MINUTES SUBMITI'ED--Housing Re-
hab. Commission of 2-27-79; Transit
Trustee Board of 2-8, 2-15, 2-24; Com-
munity Development Commission of
2-27; Five Flags Commission of 3-6,
3-13; Recreation Commission of 2-12;
Historic Preservation Commission of
3-7; Park Board of 2-9 and Airport
Comndssion of 3-8, presented and read.
Couucll Member Tully moved that the
minutes be received and filed.
Seconded by Couucll Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Farren, King, Tully.
Nays-None.
Absent-Couucll Member Brady.
Communication of City Attorney re-
commending denial of personal injury
claim of Louis Miller, no actionable
negligence on part of the City, pre-
sented and read.
CouucI1 Member Tully moved that the
recommendation of denial be approved.
Seconded by Councll Member Farrell.
Carried by the following vote:
Yeaa-Mayor Wertzberger, Council
Members Farren, King. Tully.
Nays-None.
Absent-Council Member Brady.
Communication of City Attorney ad-
visin" of disndssal of case in small
claima court subndtted by Richard
Proof of Publication, certified to by
the Publisher, of Notice of hearing
published 2-22-79 advising the public
that no significant effect on environ-
ment is evident on Neighborhood Park
Improvements-Jackson Park, presented
and read.
Couucll Member Tully moved that the
proof of publication be received and
filed. Seconded by Couucll Member
Farreil. Carried by the fonowing vote:
Yeas-Mayor Wertzberger, Councll
Members Farren, King, Tully.
Nays-None.
Absent-CouncI1 Member Brady.
Communication of DEQ advising of
completion of revised standard specifi-
cations for water main extensions to be
kept on file for future reference to any
water main construction to be done by
the City, presented and read.
Couucll Member Tully moved that the
communication be received and filed.
Seconded by Councll Member Farrell.
Carried by the fonowing vote:
Yeas-Mayor Wertzberger, CouucI1
Memhers Farrell, King, Tully.
Nays-none.
Absent-Councll Member Brady.
It is my wish to resign from the office
of city manager on Juue 30th.
I have talked to several couucilors
about my resignation and I am giving
this notice to Mayor Wertzberger for
presentation to the councll, and to make
available the necessary time for the
councll to select a suceessor and prepare
for the transfer of duties.
Further, I am available as long as
necessary to aasist in the solution of
problems with the sewage treatment
piant.
Most certainly it has been my honor
and pleasure to serve the councI1 and
community as city manager for nineteen
years.
Gllbert D. Chavenelle
City Manager
Councll Member Tully moved that the
communication be received and filed
and referred to CouucI1. Seconded by
Councll Member Farren. Carried by
the following vote:
Yeas-Mayor Wertzberger, CouucI1
Members Farrell, King, Tully.
Nays-None.
Absent-Council Member Brady.
There being no further business,
CouncI1 Member Tully moved to
adjourn. Seconded by Councll Member
King. Carried by the following vote:
Communication of Hillcrest Family
services extending appreciation for re-
cent action taken by the Councll for
allocation to the Shelter House, pre-
sented and read.
CouucI1 Member Tully moved that the
--
93
Special Session, March 19, 1979
Regular Session, April 2, 1979
94
CITY COUNCIL
Yeas-Mayor Wertzberger, Couucil
Members Farrell, King, Tully.
Nays-None.
Absent-Couucll Member Brady.
Leo F. Frommelt
City Clerk
OFFICIAL
Regular Session, April 2, 1979.
Councll met at 7:30 p.m. (CST)
Present: Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
City Manager Gllbert D. Chavenelle.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and this is THE REGULAR
MONTHLY MEETING; ALSO AN AD-
JOURNED SESSION OF MARCH 19,
1979, COVERING THE HOUSING
CODE, called for the purpose of acting
npon such business as may properly
come before the Meeting.
Proclamation proclaiming week of
August 19th thru 26th as "Dubuque
Bicycle Week" was so proclaimed by
Mayor Wertzberger.
Communication of Building Depart-
ment subndtting minutes of public
meeting of Housing Code Review Com-
ndttee held on March 16, 1979, indicat-
ing pros and cons relative to the
propoxed Housing Code, presented and
read.
CouucI1 Member Tully moved that the
communication be received and filed.
Seconded by Councll Member Farren.
Carried by the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Dubuque Building
Trades requesting adoption of the new
residential Housing Code, presented
and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Councll Member Farrell.
Carried by the following vote:
Yeaa-Mayor Wertzberger, CouncI1
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Housing Inspector
James L. Rubel, dated March 27, 1979,
subndtting several Housing Code
changes re: Expanding Advisory and
Appeals Board to 9 members, Clarify-
ing the responsibnities of the Appeals
~:;~i;,.¡¡a;~o~~!!, ;;:sen~d':~
read.
Couucll Member Tully moved that the
communication be received and filed
and changes approved and adopted.
Seconded by Couucll Member Farrell.
Carried by the fonowing vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Councll Member Brady.
Communication of Building Comnds-
sioner Feyen, dated March 28, 1979,
Approved 1979
Adopterl 1979
-
Couucll Members
ATTEST:
City Clerk
recommending adoption of Article ill
Alternate 2(a) to exclude all one and
two dwelling units from multiple dwell-
ing program and to provide licensing
and inspection fees concurring with City
Couucil's guidelines, presented and
read.
Couucil Member Tully moved that the
communication be received and filed
and recommendations be approved and
adopted. Seconded by CouncI1 Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, CouncI1
Members Farrell, Tully.
Nays-CouncI1 Members, Brady,
King.
William Hammel, Chairman of Hous-
ing Code Review Committee spoke to
the Councll and reviewed recommended
changes as subndtted by Staff and
Citizen input. Advised 7 member
Appeals Board wl1i be increased to 9
with 3 members to be chosen At-Large.
Extension of time to be granted in
event of a hardship and Appeals Board
has a right to grant a variance;
Advised work wl1i be considered physi-
cally commenced if owner has contacted
architects, etc., or if owner has com-
menced work himself. In reference to
Article !IT concerning Fees - Owner
occupied unit is exempt from first in-
spection; 2nd time is charged; Com-
mittee has no recommendation on fee
schedule.
Building Comndssioner Feyen spoke
to the Fee Sehedule stating one & two
family units are to be exempt; Need not
be inspected periodically. Fees for
multiple dwellings wl1i be $7.00 annual
licensing fee; Every 3 year inspection
charge wl1i be $10.00 for the dwelling
plus $1.00 for each unit; Reinspection
fee wl1i be $10.00 plus $2.00 on each
unit.
Merlin Langkamp, an apartment
owner at 2977 Wlldwood Dr., was of the
opinion that apartment owners were
being discriminated against.
Dorrance Cox, 2222 Cherry St.,
questioned why pay inspectors twice?
Brian Mihalalds, 1454 Maple St.,
opposed Housing Code because it was
an Infringement of Rights; Form of
harrassment for more particularly the
Flats Area.
Bill Malone of the North Dubuque
Neighborhood read a communication
opposing adoption.
Don Deich, 2605 Washington, ques-
tioned power of Law Euforcement;
Power to Deputize; Violations are not
classified as to Major and Minor.
Dave Loring, 3877 Hillcrest Rd.
voiced objections to proposed Housing
Code.