1979 May Council Proceedings
Regular Session, May 7,1979
167
Regular Session, May 7, 1979.
Co\U1cii met at 7:30 P.M. (C.D.T.)
Present-Mayor Wertzberger, Coun-
cil Members Brady, Farrell, Tully. City
Manager Gilbert D. Chavenelle.
Absent-Co\U1cil Memher King at
RollCall.
Mayor Wertzberger read the call and
stated that service thereof had been
dilly made and this Meeting is TIŒ
REGULAR MONTHLY MEETING of
the City Council called for the purpose
of acting upon such husiness as may
properly come before the Meeting.
Invocation was given by Rev. Wm.
Wdke of Loras College.
Proclamations proclsiming mouths of
May thru August, 1979 as "Jobs for
Students Months" and May 19 as "Fuel
Economy Day" were read and so
proclaimed by Mayor Wertzberger.
Proof of Publication, certified to by
the Publlsher, of Notice of Public
Hearing to amend the Zoning Ordinance
by reclassüying the property at 24th &
Central (Tri-CoAuto Sales) described as
"Lot 1 of Lot 2 of Lot 2 of Lot 11, and
Lot 2 of Lot 1 of Lot 11 in Wullweber's
Subdivision in the City of Duhuque,
Iowa" from R-4 Residential to C-3
Arterial Business Commercial District,
presented and read. No written objec-
tions were filed and no oral objectors
were present in the Co\U1cil Chamber at
the time set for tbe hearing.
Co\U1cil Member Tully moved that the
proof of publication be received and
filed. Seconded by Co\U1cil Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzherger. Co\U1cil
Members Brady, Farrell, Truly.
Nays-None.
Absent-Co\U1cil Member King.
Statement of City Clerk advising that
the neighborhood was notified hy mall
of the proposed zoning change at 24th &
Central (16 property owners). pre-
sented and read.
Co\U1cil Memher Tully moved that the
statement he received and med.
Seconded hy Co\U1cil Member Brady.
Carried by the following vote:
Yeas-Mayer Wertzberger, Council
Members Brady, Farrell. Tully.
Nays-None.
Absent-Co\U1cil Member King.
ORDINANCE NO. 25-79
An Ordinance of the City of Dubuque,
Iowa, providing that the Code of lit 5/10
Ordinauces. Cit~ .of Dubuqu~, Iowa, be Co\U1cil Member Truly moved final
amended by revISIng Appendix A there- &loptiou of tbe Ordinance. Seconded by
CITY COUNCIL
OFFICIAL
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa", by reclassüying hereinafier des-
cribed properties at Tweuty-Fourth
Street and Central Avenue from R-4
Residential District to C-3 Arterial
Business Commercial Di$l;rict, said Or-
dinauce having been previously pre-
sented and re&l at the Co\U1cil Meeting
of April 16. 1979, presented for fiual
adoptiou.
ORDINANCE NO. 25-79
AN ORDINANCE OF TIΠCITY OF
DUBUQUE, IOWA, PROVIDING
THAT TIΠCODE OF ORDINANCE,
CITY OF DUBUQUE, IOWA BE
AMENDED BY REVISING APPEN-
DIX A TlŒREOF, ALSO KNOWN AS
TIΠ"ZONING ORDINANCE AND
ZONING MAP OF TIΠCITY OF
DUBUQUE, IOWA", BY RECLASSI-
FYING HEREINAFTER DESCRIBED
PROPERTIES AT TWENTY-
FOURTH STREET AND CENTRAL
A VENUE FROM R-4 RESIDENTIAL
DISTRICT TO C-3 ARTERIAL BUSI-
NESS COMMERCIAL DISTRICT.
NOW, TlŒREFORE, BE IT OR-
DAINED BY TIΠCITY COUNCIL OF
TIΠCITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
rumces of the Oity of Dubuque, Iowa, be
œrnended by revising Appendix A there-
of, UÚJo known as the "Zuning Ordirumce
and Zoning Map of the Oity of Dubuque,
Iowa", to recfm¡sify hereinnfter des-
cribed property from R-4 Resi<kniinl
District to C-t! Arterial Business C0m-
mercial District, to wit:
Lot 1 of Lot 2 of Lot 2 of Lot 11, and
Lot 2 of Lot 1 of Lot 11 in
Wullweber's Subdivision, all in the
Oity of Dubuque, 10""'-
Section 2. That the foregoing ar/!e1id.
men! has heretofore been approved by
the Pla:nning aad Zoning Commission of
the Oity of Dubuque, 10""'-
PASSED, APPROVED AND
ADOPTED this 7th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
James E. Brady
Carolyn Farr,,11
Co\U1cil Members
ATTEST:
Lea F. Frommelt
City Cierk
Published officially in thc Telegraph
Herald Newspaper this 10th day of
May, 1979.
LeaF. Frommelt
City Clerk
168
Regular Session, May 7, 1979
Regular Session, May 7,1979
Co\U1cil Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, Tully.
Nays-None.
Absent-Council Member King.
Communication of P & Z recommend-
ing favorable consideration of approval
of plat of Painted Valley (Miller Road)
(Forward from last meeting), presented
and read.
Co\U1cil Member Farrell moved that
the communication he received and
med. Seconded by Co\U1cil Member
Truly. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cll
Members Brady, Farrell, Tully.
Nays-None.
Absent-Council Member King.
COUNCIL MEMBER KING EN-
TERED THE COUNCIL CHAMBERS
AT 7:50 P.M. AND TOOK illS PLACE
AT THE TABLE.
A RESOLUTION approving the plat of
"Painted Valley" in Section 2 Table
Mo\U1d Twp. was presented and read.
Co\U1cil Member Brady requested the
following amendment be added to the
Resolution - "Whereas, the City is
\U1able at this time to determine the
impact on the property from the pro-
posed Cedar Cross Road Improve-
ments".
Co\U1cil Member Tully moved to
suspend the rilles to let anyone present
address the Co\U1cil if they so desire.
Seconded hy Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Mary Corell, owner of "Painted Val-
ley Subdivision" objected to the pro-
posed amendment.
Co\U1cll Member Brady moved adop-
tion of the Amendment. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Tully.
Nays-Council Member Farrell.
Abstain-Co\U1cil Member King.
RESOLUTION NO, 99-79
RESOLUTION APPROVING THE
PLAT OF "PAINTED VALLEY" IN
SECTION 2 TABLE MOUND
TOWNSillP, DUBUQUE COUNTY,
IOWA.
WHEREAS, there has been filed with
the City Clerk of the City of Dubuque,
Iowa, the plat of "Painted Valley" in
Section 2, Table Mo\U1d Township,
Duhuque County, Iowa: and
169
WHEREAS, said plat has been exa-
mined by the City Plauning and Zoning
Commission and 11ad its approval en-
dorsed thereon; and
Nowack as owner(s) of said property
that the condition complained of be
corrected and that said owner has failed
to correct the conditions within the time
provided by the notice: and
WHEREAS, on April 16, 1979, the
City Co\U1cil set said report down for
hearing at 7:30 o'clock P.M. Central
Daylight Time on May 7, 1979 in the
City Co\U1cil Chamber in the City Hall in
the City of Dnbuque, Dubuque Co\U1ty,
Iowa, and directed the City Clerk to
give notice of said hearing; and
WHEREAS, it appears hy return of
service now on file in the records of the
City Co\U1cil that notice of said hearing
was given by serving hy Certified Mall
on April 18, 1979, and hy publication in
the Telegraph Herald newspaper on
April 23, 1979; and
WHEREAS said plat has been exa-
mined by the City Council and they find
that the same conforms to the Statutes
and Ordinauces relating thereto: and
WHEREAS, the City is \U1able at this
time to determine the impact on the
property from the proposed Cedar
Cross Road improvements.
NOW, THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the above-described
p/nl be and the same is hereby ap-
proved and the May(fT' and Oity Clerk be
and they are hereby authorized and
directed to endorse the approval of the
Oity of Dubuque, Iou:a, upon said p/o;t.
PASSED, ADOPTED AND AP-
PROVED this 7th day of May, A.D.
1979.
WHEREAS, pursuant to said notice
on order of the City Co\U1cil a public
hearing was held at 7:30 o'clock P.M.
Central Daylight Time on May 7, 1979,
in the City Co\U1cil Chamber in the City
Hall in the City of Dubuque, Iowa, at
which time the owners of the above
described real estate were afforded au
opportunity to be heard and witnesses
concerning the condition of the property
and the hazard were heard: and
WHEREAS, the Co\U1cil has dilly
considered the testimony of the wit-
nesses and viewed the preDÙses and has
reached its determination.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution as Amended.
Seconded by Co\U1cil Member Truly.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, Truly.
Nays-None.
Abstain-Co\U1cil Member King.
Proof of Publication, certified to by
the Puhlisher, of Notice of Hearing to
consider the City Mauager's report of
the condition of the Building at 1913
Schiller St.. presented and read.
Co\U1cil Member Tully moved that the
proof of publication ae received and
filed. Seconded by Co\U1cil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
NOW, THEREFORE, BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the structures known
as and wcated on East t!7.26' of Lot.8 in
Hoopers Addition in the Oity of Dubu-
que, Dubuque County, Iowa, be and the
same are here~ found aad declared to
be dengerov.s to life, heaJJ;h and pro-
perty aad a nuisance;
Section 2. That the Oity Mœntl{Jer be
and he is hereby authorized and direc-
ted to cause the structure known as and
wcoted on East t!7.26' of Lot 8 in
Hoopers Addition in the Oity of Dubu-
que, Dubuque County, Iowa, to be
dismantled and removed.
Section 3. That upon completion of
said work, the Oity Mœntl{Jer shall
certify the cost thereof to the Oity
Clerk.
Section 4. That upon receipt of said
certificate of cost from the Oity Mana-
ger, the Oity Clerk shall therevpon
certify said cost to the County Andit(fT'
\ of Dubuque County, Iowa, and it shall
RESOLUTION NO. 100-79
WHEREAS, the City Manager has
reported to the City Co\U1cil that the
huildings and premises located on 1913
Schiller St. in the City of Dubuque,
Dubuque Co\U1ty, Iowa, are dangerous
to life and health because of their
condition and that demand has been
made by him upon Ronald & Donna S.
-~-
be collected with and in the same
man:ner as generol property taxes.
Section 5. That the Oity Clerk be aad
is hereby directed to record a certified
copy of this Resolution in the Office of
the County Recorder of Dubuque Coun-
ty,Io"",-
Passed, &lopted and approved this
7th day of May, 1979.
Richard Wertzberger
Mayor
ThomasA. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member King moved adop-
tion of the Resolution. Seconded by
Co\U1cil Memher Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell. King, Tully.
Nays-None.
Petition of Ready-Mix Concrete Co. of
Dubuque requesting annexation of Lot 2
nf2nf1audLot2nf2nf1nf2nf1nf1
of Clinque Inc. Addn., presented and
read.
Co\U1cil Member Farrell moved that
the petition be received and filed.
Seconded by Co\U1cil Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
A RESOLUTION extending the terri-
torial limits of the City of Dubuque to
include Lot 2 of 2 of 1 and Lot 2 of 2 of 1
of 2 of 1 of 1 of Clinque Inc. Addn.,
presented and read.
Co\U1cil Member Tully moved that the
Resolution be referred to the City
Manager and Staff for investigation and
directed them to report back at the
Co\U1cil Meeting of May 21, 1979.
Seconded by Co\U1cil Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Br&ly, Farrell, King, Tully.
Nays-None.
April 30, 1979
Honorable Mayor and City Council
RE:
ZONING ORDINANCE AMENDMENT
CONDITIONAL USES IN illSTORlC
STRUCTURES OR-1 OFFICE-RES1-
DENTIAL DISTRICT
The City of Dubuque Planning and
Zoning Comnùssion has held a puhlic
hearing on au amendment to the Zoning
170
Regular Session, May 7, 1979
Regular Session, May 7,1979
,
Carolyn Farrell
Council Members
Ordinauce which wolÙd revise the list of
OR-1 Office-Residential District condi-
tional uses which are permitted in
buildings of architectural or historic
significance. A staff report and a copy
of the proposed amendment are
attached.
The proposed amendment has two
purposes. FIrst, it adds "service uses"
to the list of allowable Conditional Uses
in OR-1 District structures of signäi-
CRUce. This addition is the result of the
attached petition from Rhonda M. Kron- I
feldt requesting consideration of au
amendment to allow personal services
uses, in particlÙar beauty salons, in the
OR-1 Office-Residential District. Se-
condly, it provides for Co\U1cil conslÙta-
tion with the City's Historic Preserva-
tion Commission instead of the Dubuque
Co\U1ty Historical Society.
The Planning and Zoning Commission
has determined that the proposed
amendment is appropriate and recom-
mends your favorahle consideration.
James D. Burke
Associate City Plauner
Co\U1cil Member Farrell moved that
the comm\U1ication be received and
med. Seconded by Council Member
Brady. Carried hy the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
AN ORDINANCE of the City of Dubu-
que, Iowa, providing that the Code of
Ordinauces, 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", hy repealing subsection3) and 4)
of Articie IV, Section 4-109.4, Condi-
tional Uses of the OR-1 Office-Residen-
tial District and by enacting new
subsections 3) and 4) of Article IV,
Section 4-109.4, to permit certain uses
as conditional uses in structures or
areas designated as historically or
architecturally significant, presented
and read.
Co\U1cil Member Tully moved to table
the Ordinauce. Seconded by Co\U1cil
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger. Co\U1cil
Members King, Tully.
Nays-Council Members Brady, Far-
rell.
Communication of Community Devel-
opment Commission submitting contract
and resolution for execution for approv-
al of supplementary f\U1ding for 50
additional housing \U1its \U1der Section
8, presented and read.
Co\U1cil Member Farrell moved that
the comm\U1ication be received and
filed. Seconded by Mayor Wertzberger-
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell. King.
Nays-None.
Abstain-Co\U1cil Member Tully.
RESOLUI10NNO.IOl-79
RESOLUTION AUTHORIZING
EXECUTION OF ANNUAL
CONTRIBUTIONS CONTRACT
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Wertzberger. Carried hy the
following vote:
Yeas-Mayor Wertzberger, Council
Members Br&iy, Farrell, King.
Nays-None.
Abstain-Co\U1cil Member Tully.
Communication of City Manager sub-
mitting a proposed amendment to the
Fiscal Year 1979 Budget, and request-
ing puhilc hearing, presented and read.
Co\U1cil Memher Tully moved that the
communication be received and filed
and public hearing he held on June 4,
1979. Seconded hy Co\U1cil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tllily.
Nays-None.
WHEREAS, the City of Dubuque,
Iowa (herein called the "Local Author-
ity") proposes to enter into a revised
contract (herein called the "Annual
Contrihutions Contract") with the
United States of America (herein called
the "Govermnent") with respect to any
"Projects" as defined in the Annual
Contributions Contract and which at
any time now or hereafter is incorpor-
ated under the terms of such contract.
BE IT RESOLVED BY THE LOCAL
AUTHORITY, as follows:
Section 1. The Annual Contributions
Cont1'O£t in substantially the form of
cont1'O£t hereto attached and marked
"Exhibit A" is hereby approved and
accepted both as to form and substance
and the Mayor is hereby authorized and
directed to execute sWd cont1'O£t in two
copies on belw1f of the Local Housing
Agency, and the Oity Clerk is hereby
authorized and directed to impress and
attest the officin1 seal of the Local
HOUSIng Agency on each such counter-
part and to forward sWd executed
counterparts, or any of them, to the
Government together with sach other
documents evidencing the a:pproval and
œutlwrizing the execution thereof as
may be required by the Government-
Section 2, Whenever the folJJJwing
terms, or any of them, are used .n this
Resolution, the same, unless the con-
text shall indicate another or different
meœning or .ntent, shall be construed,
and are intended to hœve meœnings as
folJJJws:
(1 ) The term ':Resolution" shall
mean this Resolutinn.
(2)AU other terms used in this
Resolution and which are defined
in the Annual Contributions Con-
tract shall have the respective
meanings ascribed thereto in the
Annual Contrilrutions Cont1'O£t.
Section 3. This Resolution shall take
effect immediaiely, this 7th day of May,
1979.
RESOLUTION NO. 102-79
RESOLUTION directing the City Clerk
to publish proposed amendment to the
fiscal year 1979 budget and date of
puhlic hearing.
WHEREAS, it is proposed that the
City of Dubuque expend $28,000 of
General Revenue Sharing FW1ds toward
Trausit interest expense and diesel fuel,
and $9,703 for city hall maintenance;
and
WHEREAS, Section 51.15 of the
Local Assistance to State and Local
Government Act of 1972, as amended,
provides that the public hearing re-
quirement of the Act shall apply to the
amendment, revisions or modifications
of au adopted budget where a major
change is proposed; and
WHEREAS, such proposed eapendi
ture is such au amendment, revision or
modification of the adopted budget for
the City of Dubuque for the fiscal year
beginning JlÙY 1, 1978.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Oity Clerk be and
is hereby authorized and directed to
publish notice of public heœring on an
o:nwndment to the adopted bndget for
the Oity of Dubuque as to the expendi-
ture of certain general revenue sharing
funds. Sach notice shall be in the form
of Exhibit ':A" attached hereto and
nwde a part hereof
Passed, approved and &iopted this
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
171
7th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Memher Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Br&iy, Farrell, King, Tllily.
Nays-None.
Petition of DubuqueFest '79 request-
ing permission to conduct a parade on
Saturday, September 29, 1979, pre-
sented and read.
Co\U1cil Member Tully moved that the
request be approved and referred to the
City Mauager for final approval and
implementation. Seconded by Co\U1cil
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Dubuque Golf & Co\U1try
Club requesting permission to conduct a
fireworks display on July 4, 1979,
presented and read.
Co\U1cil Member Tully moved that the
request be approved and referred to the
City Manager and FIre Chief for final
approval and implementation. Secon-
ded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Veterans Group, Mary
Dunne, requesting permission to con-
duct a Memorial Day Parade on May 28,
j 979, presented and read.
. Co\U1cil Memher Tully moved that the
request be approve and referred to the
City Mauager for final approval and
impiementation. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Members Brady, Farrell, King, Tllily.
Nays-None-
Petition of I.W.I. (Iowa, Wisconsin,
Illinois) Unit of Americau Diabetes
Ass'n. requesting permission to conduct
a Bike Ride on September 28, 1979,
presented and read.
Co\U1cil Member Tully moved that the
request be approved and referred to the
City Manager for final approval and
implementation. Seconded by Co\U1cil
--
Regular Session, May 7,1979
Regular Session, May 7, 1979
WHEREAS there has been filed with
the City Clerk a plat in which Lot 1 of
Lot 1 of Lot 1 01 "Birch Acres" in the
City of Duhuque, Iowa is platted as:
Lot 1 of Subdivision 01 Lot 1 of Lot 1
of Lot 1 of "Birch Acres" in the City 01
Duhuque, Iowa: and Lot 2 of Suhdivi-
sion of Lot 1 of Lot 1 of Lot 1 of "Birch
Acres" in the City of Duhuque, 10wa;
and
WHEREAS said plat has heen exa-
mined hy the City Planning Commission
and had its approval endorsed thereon;
aud,
WHEREAS, said plat has been exa-
mined hy the City Council and they find
the same conforms to the Statutes and
Ordinances relating thereto:
NOW, THEREFORE, BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
Section 1. The above described plat
be aad the same is hereby appoved and
the Mayor and Clerk be aad they are
hereby authorized and directed to en-
dorse the approval of the Oity upon said
plat.
Passed, adopted and approved this
7th day of May, A.D..1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1ciI Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded hy
Co\U1cil Member Farrell. Carried hy
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 104-79
RESOLUTION APPROVING THE
PLAT OF BLOCK 9 IN
"BIRCH ACRES" IN THE CITY OF
DUBUQUE, IOWA
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as mock 9 in "Birch Acres"
in the City of Duhuque, Iowa and
WHEREAS, upon said plat appear
streets to he known as No streets
together with certain public utility
easements which the Owners by said
plat have dedicated to the public
forever; and
WHEREAS, said plat has been exa-
173
172
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
mined by the City Planning and Zoning
Commission and h&i its approval en-
dorsed thereon: and
western Development Company as
owner;
j. To construct said improverrænts,
except sidewalks and street lighting
prior to Dec. 1, 1981 and to construct
the sidewollr,s aad street lighting prior
to Dec. 1, 1982;
aad further prosided that said Iowar
Northwestern Development Company,
as owner of said Subdivision, secure the
performance of the foregoing conditions
by providing security in such frYrm and
with such sureties as may be acceptable
to the Oity Manager.
Section 3. That in the event Iowar
Northwestern Deve/Qpnu¡nt Company,
shall ftIil to execute the acceptance and
furnish the security provided for in
Section 2 hereof within 45 dJJJys after
the dnie of this Resolution the provi-
sions hereof shall be null and void and
the acceptance of the dedication aad
œpproval of the plat shall not be
effective.
Passed, adopted and approved by the
recorded roll call this 7th day of May,
AD., 1979.
WHEREAS, said plat has been exa.
mined by the City Council and they find
that the same conforms to statutes and
ordinances relating thereto, except that
street grades have not been estab-
lished, the streets brought to gr&ie, or
paving, sewer or water installed;
May 3, 1979
Honorahle Mayor and city Co\U1cil
RE: FINAL PLATS -
"BIRCH ACRES"
IOWA-NORTHWESTERN
DEVELOPMENT COMPANY
The City of Dubuque Planning and
Zoning Commission has reviewed a
series of four final plats for "Birch
Acres" in the City of Duhuque, Iowa.
The property is located along Fremont
Avenue and northeast of it's intersec-
tion with Kelly Laue as depicted on the
attached vicinity map.
The first plat proposes a subdivision of
Lot 1 of Lot 1 of Lot 1 of "Birch Acres"
into Lots 1 and 2. The second plat
further subdivides Lot 2 of Lot 1 of Lot1
of Lot 1 of "Birch Acres" into Lots 1
through 7 of Block 9. The third plat
proposes the subdivision of Lot 1 of Lot
1 of Lot 1 of Lot 1 of "Birch Acres" into
Lots 1 and 2: and subdivides Lot 1 of
Lot 15 of "Birch Acres" into Lot 1 and 2.
The fourth plat subdivides Lot 2 of Lot
1 of Lot 15 of "Birch Acres" into Lots 1
throngh 3, Block 5: and subdivides Lot
2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
"Birch Acres" into Lots 1 through 10,
mock 7, and Lots 1 throngh 19, block 8,
all in "Birch Acres".
The Planning and Zoning Commission
has determined that the above-describ-
ed plats are in compliance with the
Subdivision Regulations and Zoning
Ordinauce of the City of Dubuque. The
Commission has voted to approve the
[mal plats and requests your favorahle
consideration of the matter.
CITY PLANNING AND
ZONING COMMISSION
James D. Burke
Associate City Planner
Co\U1cil Member Tully moved that the
communication be received and med.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas -Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 103.79-
RESOLUTION Approving Plat of the
Subdivision of Lot 1 of Lot 1 of Lot 1
of "Birch Acres" in the City of Dubu-
que, Iowa,
NOW THEREFORE, BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedications of No
streets, together with the easements
for public utilities as the same appear
upon said plat, be and the same are
hereby accepted;
Section 2. That the plat of Block 9 in
"Birch Acres" in the Oity of Dubuque,
Iowa in the Oity of Dubuque, Iowa, be
and the same is hereby approved and
the Mayor and Oity Clerk are hereby
mahorized aad directed to endmse the
approval of the Oily of Dubuque, Iowa,
upon said plat, provúkd the owners of
said property herein named, execute
their written acceptance hereto at-
tached agreeing:
a. 10 reduce all street to grade and to
construct concrete curb aad gulter aad
to hard surface no streets with bitumi-
nous concrete, or with concrete paving
with integral curb, all in accordance
with Oity of Dubuque stflflUißrd specifi-
cations:
b. To install sanitary sewer mnlns
and sewer service laterals in accordance
with pions submitted with the plat;
c. To install water mm'ns and water
service laterUÚJ in accorcfunce with p/a:ns
sulmUtted with the plat:
d. 10 install strYrm sewers and catch-
basins in accordance with pions sub-
mitted with the plat;
e. 10 install concrete sidewalks as
required by Ordirw:nces, aad where
directed by the Oily Engineer and the
Oity Manager;
In ~cr::;:~o¡t ::"~;;;r::: ;;r:::..:t:~h/:;..~r. I
the plat:
g- 10 construct the foregOIng im-
provements In accordance with p/a:ns
aad specifications œpproved by the Oity
Manager, under the inspection of the
Oity Engi:neer, aad In a manner ap-
proved by the Oity Manager:
h. To mnlniain the foregOIng im-
provements for a period of.fowr (4)
years from the dnie of theit.acceptance
by the City of Dubuque, Iowa;
i. To provide the foregoing construc-
tion aad maintew:nce at the sole ex-
pense of the subdivúkr IowarNorth-
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 10<1.79
We, the \U1dersigoed Edward D.
Tschiggfrie-Pres. & James A. Sehwers-
Sec. having read the terms and condi-
tions of the foregoing Resoiution No.
104-79 and being familiar with the
conditious thereof, herehy. accept the
same and agree to perform the condi-
tious reqnired therein.
Dated at Dubuque, Iowa, this 10th
day of May, 1979.
IOWA-NORTHWESTERN
DEVELOPMENT COMPANY
Edward D. Tschiggfrie
Pres.
James A Schwers
Sec.
TO:
LEO F. FROMMELT
CITY CLERK
This is to certify that the security
provided by the foregoing RESOLU-
TION NO. 104-79 has been furnished by
the owners.
Dated at Dubuque, Iowa, this 10th
day of May, 1979.
Gilbert D. Chavenelle
City Manager
------
-- -
Regular Session, May 7, 1979
Regular Session, May 7, 1979
175
174
"BIRCH ACRES" IN THE CITY OF
DUBUQUE, IOWA
WHEREAS, there has been flied with
the City Clerk a plat of the Subdivision
to be known as Block 5, Block 7 and
Block 8, each in "Birch Acres in the City
of Dubuque, Iowa; and
WHEREAS, upon said plat appear
streets to be known as Caudelwick
Court, Brookview Square. Rockwood
Court and Carriage Hill Drive together
with certain public utility easements
which the Owners by said plat have
dedicated to the public forever; and
WHEREAS, said plat has been exa-
mined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been exa-
mined by the City Council and they find
that the same conforms to statutes and
ordinances relating thereto, except that
street grades have not been estab-
lished, the streets brought to grade, or
paving, sewer or water installed;
NOW THEREFORE, BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the dedicotions of
Candelwick (hurt, Brookview Square,
Rock:wood (hurt and Carriage Hill
Drive together with the easements for
public utilities as the sa1lW appear upon
said pln1, be and the same are hereby
(Jlxepted;
Section Z. That the plat of Block 5,
Block 7 and Block 8, each in "Birch
Acres" in the Oity of Dubuque, Iowa be
and the same is hereby a:ppr<YVed and
the Mayor and Oity Clerk are hereby
authorized and directed to erulnrse the
approval of the Oity of Dubuque, Iowa,
upon said pln1, provúkd the owners of
said property herein named, execute
their written acceptance hereto ot-
tachedagreeing:
a. To reduce all street to grade and
to construct concrete curb and gutter
and to hard surface Candelwick Court,
Brookview Square, Rock:wood Court
and Carriage HiU Drive with bitumirwas
concrete, or with concrete paving with
integral curb, all in accordance with
Oity of Dubuque st(JI/'/.(/ßrd specifica-
tions;
b. To install sanitary sewer mnlns and
sewer service laterUÚJ in accordnmce
with pla:ns svbmitted with the plot:
c. To install water mnlns and water
service laterals in accordance with pions
submitted with the pln1;
d. To install storm sewers and catch-
basins in accordance with pions submit-
ted with the pln1;
e- Th install concrete sidewalks as
required by Ordinances, aad where
directed by the Oity Engineer and the
City Manager;
f Th install brmIevard street lighting
in accordence with pions submitted with
thepln1:
g. To constTU£t the foregoing im-
provements in accordance with pions
and specijicaJ;ions approved by the Oity
Menager, nnder the inspection of the
Oity Engineer, and in a manner ap-
proved by the Oity Menager;
h. Th maintain the foregoing im-
provements for a period of four (4)
years from the date of their acceptance
by the Oity of Dubuque, Iowa;
i. To provide the foregoing constTU£-
tion aad maintenance at the sole ex-
peru¡e of the subdivúkr Iowa-North-
western Development Compony as
oumer;
f To ConstTU£t said improvements,
except sidewalks and street lighting
prior to Dec. 1, 1981 and to constTU£t
the sidewalks and street lighting prior
to Dec. 1, 1982;
and further provúkd thoi said Iowa-
Northwestern Duvelopment Crnnpany
as oumer of said Subdivision, secure the
performn:nce of the foregoing cmulitions
by pro1JÌding security in such form and
with such sureties as may be acceptable
to the Oity Menager.
Section 3. Thot in the event Iowa-
Northwestern Development Crnnpany
shall fall to execute the acceptance and
furnish the security provided for in
Section 2 hereof within 45 days after
the date of this R€solution, the provi-
sions hereof shall be nall and void and
the accepto:nce of the dedicotion and
approval of the pln1 shall not be I
effective.
Passed, adopted and approved by
recorded roll call this 7th day of May,
A.D., 1979.
tions required therein.
Dated at Duhuque, Iowa, this 10th
day of May, 1979.
IOWA-NORTHWESTERN
DEVELOPMENT COMPANY
Edward D. Tschiggfrie-Pres.
James A. Sehwers-Sec.
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded hy
Co\U1cil Memher Farrell. Carried hy
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUI'lONNO.105-79
RESOLUTION Approving Plat of the
Subdivision of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of "Birch Acres" in the City of
Dubuque, Iowa,
WHEREAS, there has been flied with
the City Clerk a plat in which Lot 1 of
Lot 1 of Lot 1 of Lot 1 of "Birch Acres"
in the City of Dubuque, Iowa is platted
as: Lot 1 of Subdivision of Lot 1 of Lot
1 of Lot 1 of Lot 1 of "Birch Acres" in
the City of Dubuque, 10wa; and Lot 2 of
Subdivision of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of "Birch Acres" in the City of
Dubuque, Iowa: and
WHEREAS, said plat has been exa-
mined by the City Planning Commission
and had its approval endorsed thereon;
aud,
WHEREAS, said plat has been exa-
mined by the City Council and they find
the ssme conforms to the Statutes and
Ordinauces relating thereto:
NOW THEREFORE, BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
Section 1. The above described pln1
be and the same is hereby approved and
the Mayor and Clerk be and they are
hereby authorized and directed to en-
dnrse the approval of the Oity upon said
plot.
Passed, adopted and approved this
7th day of May, A.D., 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
TO:
LEO F. FROMMELT
CITY CLERK
This is to certüy that the security
provided by the foregoing RESOLU-
TION NO. 106-79 has been furnished by
the owners.
Dated at Dubuque, Iowa, this 10th
day of May, 1979.
Gilbert D. Chavenelle
City Manager
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Memher Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager sub-
mitting au outline of the AmblÙauce
Study, presented and read.
Co\U1cil Member Tully moved that the
communication be received and med
and City Manager be directed to draw
up a Resolution creating au Ambulauce
Ad Hoc Task Force Committee with
representative be by deleting Co\U1cil
Member and &lding citizen at-large
members to 2 from proposed list of
Study Group; said Resolution to be
presented at the Co\U1cil Meeting of
May 21, 1979. Seconded by Co\U1cil
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Farrell, Truly.
Nays-Council Members Brady,
King.
Co\U1cil Member Brady moved to
amend the proposal by changing Citizen
membership to 2 and Paramedics to 2.
Seconded by Co\U1cil Member King.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas-Co\U1cil Memhers Brady, King.
Nays-Mayor Wertzberger, Co\U1cil
Members Farreil, Truly.
MOTION FAILED.
Communication of City Manager re-
commending the implementation of
Team Building Program as au approach
to improving the organizational struc-
ture ofthe City, presented and re&l.
Co\U1cil Member Tully moved that the
communication be received and mod.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Farrell. King, Tully.
Nays-Council Member Br&ly.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved &lop-
tion of tbe Resolution. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote,
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King. Tully.
Nays-None.
RESOLUI'lON NO. 106-79
RESOLUTION APPROVING THE
PLAT OF .BLOCKS 5, 7 & 8 IN
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUI'lON NO. 106-79
We, the undersigned Edward D.
Tsehiggfrie-Pres. & James A. Schwers-
Sec. having re&l the terms and condi-
tions of the foregoing Resolution No-
106-79 and being familiar with the
conditions thereof. hereby accept the
same and agree to perform the condi-
Regular Session, May 7, 1979
177
Regular Session, May 7,1979
176
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 26-79
An Ordinauce Amending the Code of
Ordinauces, City of Dubuque, Iowa, by
Repealing Section 36-56 "Established"
of Division 4 "RATES" in and enacting
a new Section 36-56 "Established"
Division 4 "RATES" in lieu thereof to
provide for Revision of Sewer Rates and
Charges.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
1. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by
repealing Section 36-56 "Established" of
Division 4 "RATES" and enacting a new
section 36-56 "Estahlished" of Division 4
"RATES" in lieu thereof as follows:
Section 36-56 EstabUshed.
Contributors whose property lies
within the corporate limits of the city,
except as otherwise provided in this
division, shall pay to the city, through
its collection agent at his office at the
Sl\U1e time payment for water service is
made, a sewer service charge computed
on water consumption on the following
rates:
(a) Basic charges: The sewage rates
and charges shall be based on the
quantity of water used on or in the
property or premises, as the same is
measured by the water meter there in
use, except as otherwise provided in
this division. Water meters will he read
monthly (or a period equalling once
every month), bimonthly (or a period
equalling once every two (2) months).
Payment for the sewage service charge
shall be paid to the city's collection
agent at the same time payment is
made for water service.
(b) Scheduleofrates:
MonWy Rates
Charge per Hundred
Cubic Feet
$0.75
0.75 '
0.69 '
0.65
0.61
0.59
0.57
(b) Service charge:
( 1) When a parcel of real estate,
property or building, discharging sani-
tary sewage, industrial wastes, water
or other approved waste, either dir-
ectly or indirectly into the city's sani-
tary sewer system, is not a user of
water supplied by the city water
department and the waste used thereon
or therein is not measured by a water
meter or is measured by a water meter
not acceptable to the city, the amount of
water used shall be determined'by the
city in such manner as the city manager
may elect in order to estahlish the rate
of charge as provided in this division, or
the owner or other interested parties at
his expense, may install and maintain a
meter acceptable to the city for said
purpose.
( 2) When a parcel of real estate,
property or building, discharging sani-
tary sewage, industrial wastes, water
or other approved waste, either directly
or indirectly into the city's sanitary
sewer system, is a user of water
supplied by the city waste department,
and in addition uses water from another
source which is not measured by a
water meter or is measured by a water
meter not acceptable to the city, the
amo\U1t of water used shall be deter-
mined by the city in such a manner as
the city manager may elect in order to
establish the rate of charge as provided
in this division, or the owner or other
interested parties at his expense may
install and maintain a meter acceptable
to the city for said purpose.
(3) When a parcel or real estate,
property, or building discharging sani-
tary sewage, industrial wastes, water
or other approved waste either directly
or indirectly into the city's sanitary
sewer system, is not a user of water
supplied by the city water department,
the amO\U1t of sanitary sewage, indus-
trial wastes, water or other approved
waste discharged into the sanitary
sewer system shall be determined by
the city in such manner as the city
mauager may elect in order to establish
the rate of charge as provided in this
division, or the owner or other in-
terested parties at his expense, may
install and maintain a sewage meter
acceptable to the city for said purpose.
(4) The city CO\U1cil may, in its
diaccetion, upon application, peroút
connection to the city sanitary sewer
system of properties located outside the
corporation linúts upon such terms and
conditions as it may establish: provided,
however, that such terms shall not be
more favorable to such property than
the rates herein estabilshed for city
users.
suhoútting a review of the actuarial
assumptions hy a firm of conslÙting
actuaries and requesting acceptance,
presented and read.
Co\U1cil Member Tully moved that the
communication be received and filed
and review accepted. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of the Mayor of Town
of Ashury suhoútting a "Water System
Improvement Study" requesting Coun-
cil review and advise ü the City of
Dubuque has any interest in any of the
alternatives listed, presented and read.
Co\U1cil Member Tully moved that the
Study be referred to City Staff for
investigation and they report back to
the Co\U1cil in June ü possible.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-Noue.
Status of various vacancies and ex-
pirations cooúng in month of May for
Boards and Commissions was presented
to Co\U1cil for study and appointments
at next meeting.
Communication of City Manager sub-
oútting au Ordinance adjusting sewage
rental rates, presented and read.
Co\U1cil Member Tully moved that the
communication be received and med.
Seconded by Council Member Farrell.
Carried hy the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
OIIDINANCE NO. 26-79
An Ordinance amending the Code of
Ordinauces, City of Dubuque, Iowa, by
repealing Section 36-56 "Estahlished" of
Division 4 "RATES" and enacting a new
Section 36-56 "Estahlished" Division 4
"RATES" in lieu thereof to provide for
revision of sewer rates and charges.
presented and read.
Co\U1cil Member Tully moved that the
reading just had be considered the first
re&Jing of the Ordinance. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger. Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that the
rille . requiring au Ordinauce to be
received and med at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
RESOLUTION NO. 107-79
Authorizing the Execution of a
Contract with Lyle J. Sumek
WHEREAS, a program designed to
increase organization effectiveness has
been proposed by the Management
Systems Analyst; and
WHEREAS, it is recognized that
such a program necessitates au Organi-
zation Development/Training Program
for the City of Dubuque: and
WHEREAS, it is further recognized
that au outside facilitator can provide
the level of skill and training reqnisite
to deal with those factors contributing
to performance gaps and deficiencies
and to develop policy leadership skills,
mauagement skills and effective team
performance leading to a more effective
and productive city government:
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor be aad he
is hereby aurthorized and directed to
execute on behalf of the Oity of
Dubuque a contract covering the propo-
sal of Lyle J. Sumek for an Organization
Devel£J¡Jrnent,l'l'raining Progrom at a
cost not to exceed $15,000.
Passed, approved and adopted this
7th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded hy
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
Communication of Mrs. Alex Thomp-
son extending au offer to sell Sub. of
Lot 1-1-1-1-1-2-1 of Righlaud Farm No.
2 in the amount of $20,490. containing
approx. 6.2 acres, presented and reed.
Co\U1cil Member Farrell moved that
the communication be received and med
and referred to City Manager and
Co\U1cil. Seconded hy Mayor Wertz-
berger. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Gerald Rird, Sec'y.
of Fire & Police Retirement Systems,
Cubic Feet
Fïrst 200
Next BOO
Next 1,000
Next 1,000
Next 12,000
Next 35,000
Over 50,000
IIimonWy Rates
Charge per Hundred
Cubic Feet Cubic Feet
First 400 $0.75
Next 1,600 0.75
Next 2,000 0.69
Next 2,000 0.65
Next 24,000 0.61
Next 70,000 0.59
Over 100,000 0.57
Regular Session, May 7, 1979
179
Regular Session, May 7, 1979
178
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager re-
questing that Corporation Co\U1sel be
instructed to proceed with the neces-
sary legal proceedings to acqnire right
of way on J.F.K. Road, presented and
read.
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member Farrell.
Carried hy the following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Members Br&ly, Farrell, King, Tully.
Nays-None.
Co\U1cil Members
7th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. MIchael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
(5) In order that the rates audchar-
ges may be modestly and eqilltably
adjusted to the service rendered, the
city shall have the right to hase its
chargeS not OIÙY on volume but also in
the strength and character of the
sewage and wastes deposited in the
system by tbe contributor. The city
shall have the right to measure and
determine the strength and content of
all sewage and wastes diseharged either
directly or indirectly into the city's
sanitary sewage system, in such
manner and hy such methods as it may
deem practicable in the light of the I
conditions and circumstances of the case
in order to determine the proper
cbarge.
Extra charges will be applicable and
negotiated with (discharges on au)
individual contract basis when concen-
tration of the sewage exceeds three
h\U1dred (300) milllgrams per liter of
biochemical oxygen demand, three h\U1-
dred fifty (350) milllgrams per liter of
suspended solids or two (2) percent or
more of the flow rate into the sewage
treatment plaut.
(6) The rates and charges may be
billed the tenant or tenants occupying
the properties served, unless otherwise
requested in writing by the owners, but
such billing shall in no way relieve the
owner from liability in the event
payment is not made as reqillred in this
division.
(7) Where the quantity of water
consumed is such that the minimum
water service is charged, the minimum
sewer service charge, according to the
size of the meter, shall be as follows:
Monthly Rates
MInImum
Charge
1.50
6.00
9.57
15.05
18.30
30.66
67.26
104.72
222.72
371.85
JIimonWy Bates
Meter MInImum Allowance
(ioches) Charge (cubicfeet)
5/8 3.00 400
3/4 12.00 1,600
1 19.14 2,600
1-1/4 30.10 4,200
1-1/2 36.60 5.200
2 61.32 9,200
This Ordinauce shall be in flÙl force
and effect afier its final adoption and
publication as provided hy law.
Passed, approved and adopted this
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution and set for
Hearing on May 21, 1979. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 109-79
WHEREAS, the City of Dubuque,
Iowa is the owner of a building known
as the M\U1icipal River RaIl Terminal
Billiding; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that it wolÙd serve the best public
interest to dispose of said building: and
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald. Newspaper this 10th day of
May, 1979.
Leo F. Frommelt
City Clerk
RESOLUTION NO. 110-79
WHEREAS, the City of Dubuque,
Iowa and the Iowa Department of
Trausportation have been negotiating
with the owners of record of those
properties abutting John F. Kennedy
Road from Pennsylvania Avenue to
Asbury Road; and
WHEREAS, the City of Dubuque,
Iowa is attempting to acqnire portions
of said properties for the widening of
John F. Kennedy Road and for general
purposes; and
1t 5/10
Co\U1cil Member Tully moved final
adoption of the Ordinauce. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Members Brady, Farrell, King. Tully.
Nays-None.
WHEREAS, the City of Duhuque,
Iowa by and through its Board of Dock
Commissioners has received au offer to
purchase said building hy the DUBU-
QUE TWINE COMPANY for the total
appraised price of $66,600.00 in cash,
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thai interest of the Oity of
Dubuque, Iowa in the building krwwn as
the Municipal River Rail Terminnl
Building to the Dubuque Twine C0m-
pany for the total purchase price of
$66,500.00, be aad the same is hereby
approved.
Section 2. Thai the Mayor and Oity
Clerk be aad they are hereby author-
ized aad directed to execute RiU of Sale
seUing said building to Dubuque Twine
C<Ympany upon receipt of the purchase
priceinM
Section 3, That upon consummiltion
of said sale that letter report be mmle
to the Oity Council reln1ing thereto by
the Corporation Counsel.
Passed, approved and &lopted this
7th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. MIchael King
James E. Br&ly
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Memher Tully moved &lop-
tion of the Resolution. . Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
RESOLUTIONNO.1OS-79
WHEREAS, the City of Dubuque,
Iowa through its Board of Dock Com-
missioners and DUBUQUE TWINE
COMPANY, and Iowa Corporation,
have entered into a Loose and Agree-
ment, dated April 10, 1979, covering a
tract of real estate owned by the City of
Dubuque, Iowa, copy of which Lease
and Agreement is hereto attached, in
which said tract of real estate is flÙly
described; and
WHEREAS, the City Co\U1cil of the
City of Dubuque, 10wa has examined
said Lease and Agreement and ap-
proved the same;
WHEREAS, the City of Duhuque,
Iowa has not been able to negotiate a
sale and purchase price on all of said
properties: and
WHEREAS, the City of Duhuque,
Iowa finds and determines that Eminent
Domain Proceedings sholÙd be iustl-
tuted to acqillre Said real estate by the
City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOL-
VED by the City Co\U1cil of the City of
Dubuque, Iowa:
Section 1. That Eminent Darrwin
Proceedings be instituted forthwith by
the Oity of Dubuque, 10= for the
acquisition of portions of those proper-
ties detailed under columns 2 aad 9 of
Schedule A C1.'1 necessary for the widen-
ing of John F. Kennedy Road, and that
the Corporoie Caunse! be aad he is
hereby ordered aad directed to institute
said Eminent l'kmwin Proceedings
forthwith for aad on behalf of the City
of Dubuque, 10=
Section 2. That the Corporate
Counsel be aad he is hereby directed
and empowered to do any and all things
necessary and,inCükntal to said Emin-
ent Domain Proceedings-
PASSED, APPROVED AND ADOP-
TED TIllS 7th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. MIchael King
Allowance
( cubicfeet)
200
300
1,300
2,100
2,600
4,600
10,600
16,800
36,300
62,500
Meter
( inches)
5/8
3/4
1
1-1/4
1-1/2
2
3
4
6
8
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thai the Lease and
Agreement by and between the Oity of
Dubuque, Iowa by and through its
Board of Dock Commissioners and the
DUBUQUE TWINE COMPANY. an
Iowa Corporaiion, covering a tract of
real estaie owned by the Oity of
Dubuque, Iowa, dated April 10, 1979,
be and the same is hereby approved.
Section 2. That the Oity Clerk be and
he is hereby OfUthorized and directed to
publish notice of the said Lease aad
Agreement as is by law required.
passed, approved and adopted this
7th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. MIchael King
James E. Brady
Carolyn Farrell
180
Regular Session, May 7, 1979
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cilMember Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
May 2, 1979
Honorable Mayor and City Council
RE: CLARK W. WOLFF
REZONING REQUEST: R-2
DISTRICT TO R-3 DISTRICT
VILLA STREET BETWEEN
RUSH STREET AND
CLEVELAND AVENUE
The City Planning and Zoning Com-
mission has reviewed the application of
Clark W. Wolff for reclassification of
property locatd on the west side of Villa
Street between Rush Street and Cleve-
laud Avenue. If approved tbis applica-
tion for reclassification from R-2 Resi-
dential District to R-3 Residential Dis-
trict wolÙd perDÙt the petitioner to
build a duplex on the property.
The property in question contains
8,625 square feet, has 115 feet of
frontage on Villa Street and is 75 feet in
depth. It is vacant except for au old
garage located near the northeast cor-
ner of the site. As shown on the
attached map, the surrO\U1ding laud is
used predoDÚnautly for single-family
residential purposes although there is a
number of conforming and non-conform-
ing two-family dwellings in the area.
This property and all other properties
along Villa Street are zoned in the R-2
District. The nearest R-3 Residential
District bo\U1dary is located approxi-
mately 90 feet north on Clevelaud
Avenue and 150 feet west on Mo\U1tain
Lane.
In considering this matter, the Com-
DÚssion members viewed the site and
reviewed the petitioner's application
(see attached). The Commission also
received and considered eight letters of
opposition from neighboring property
owners (see attached).
The Commission has deterDÙned that
the proposed reclassification is inappro-
priate. The current R-2 District
classification recognizes the single-fami-
ly character of the area and perDÙts a
suitahle use of the property. Rezoning
wolÙd require extension of the R-3
District to cover the entire north half of
the hlock bo\U1ded by Clevelaud, Villa,
Rush and Mo\U1tain Laue. This wolÙd
include properties of persons opposed to
the rezoning and would serve to in-
crease the potential for traffic and
parking congestion on a narrow Villa
Street.
Accordingly, the Planning and Zoning
Commission has voted unanimously to
deny the application of Clark W. Wolff
for reclassification. They recommend
your concurrence in the matter.
CITY PLANNING AND
ZONING COMMISSION
James D. Burke
Associate City Planner
Co\U1cil Member Farrell moved that
the comm\U1lcation be received and filed
and recommendation of denial be ap-
proved. Seconded by Mayor Wertz-
berger. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLunONNO.111-79
WHEREAS, Applications for Beer
PerDÙts have been subDÚtted and med
to this Co\U1cil for approval and the
Sl\U1e have been examined and ap-
proved; and
WHEREAS, The premises to be
occupied by such applicants were in-
spected and fo\U1d to comply with the
Ordinances of this City and have med
proper bonds;
NOW THEREFORE BE IT RESOL-
VED, By the City Council of the City of
Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
PerDÙt.
CLASS "B" BEER PERMIT
Resurrection Mea's
Service Club McAleece Fields
(Also S\U1day Sales)
Dubuque Enterprisers, Ine. 1555 J.F.K.
(Also S\U1dsy Sales)
CLASS "C" BEER PERMIT
Beeeher Co., Ine. #1 2399 Wlúte St.
(Also S\U1day Sales)
Beeeher Co., Ine.//2 1691 Asbury Rd.
(Also SW1day Sales)
Passed, adopted and approved this
7th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael Kiug
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Brady moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Tully- Carried hy the
following vote:
Regular Session, May 7,1979
,
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 112-79
WHEREAS, Applications for Liquor
Licenses have been subDÚtted to this
Co\U1cil for approval and the same have
been examined and approved; and
WHEREAS, The preDÚses to be
occupied by such applicants were in-
spected and fo\U1d to comply with the
State Law and all City Ordinauces
relevant thereto and they filed proper
bonds;
NOW THEREFORE BE IT RESOL-
VED, By the City Council of the City of
Duhuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
D.B.Q., Inc. 4th and Loeust St.
(Also Sunday Sales)
Mary Kathryn Fordlœ!7 RI1omberg Ave
JoAnn H. Klauer 1097 Jackson St.
Bar X, Inc. 2616 Wmdsor Ave.
(AIso S\U1day Sales)
Joter Ineorporated 31-35 Loeust St.
(AIso S\U1day Sales)
Wuadsor Tap Company 2401 WIndsor
Linda J. Ball 1701 Asbury Road
Passed, adopted and approved this
7th day of May 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Brady moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Br&ly, Farrell. King, Tully.
Nays-None.
Petition of Dubuque Jaycees reques-
ting to transfer their Class "B" Beer
PerDÙt from 1023';' Main St. to 2900
Dodge St. from May 10th to May 12th
inclusive, presented and read.
Co\U1cil Member Brady moved ap-
proval of the transfer. Seconded hy
Co\U1cil Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, CoUncil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Building Commis-
181
sioner subDÚtting a renovation report
on the Davis home at 677 W. 8th St.,
portion of structure has been removed
and application for a rehab. loan has
been m&Je, presented and read.
Housing Inspector French and Rehab.
Supervisor Cowhig spoke to the Co\U1cil
advising that Mr. Davis has almost
dismantled the entire building and
therefore does not qualify for a rehab
loan any longer.
Mayor Wertzberger moved that the
City Manager be instructed to initiate
proceedings to demolish building and
set for hearing and City Clerk be
directed to publish notice of hearing as
reqnired by law. Seconded by Co\U1cil
Member Truly. Carried hy the follow-
ing vote:
~as-Ma~ ~rt~~r, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Recreation Com-
mission &lvising of preparation of Pet-
rakis Park and will submit the cost at a
later date, also would like to discuss the
$2,000. cut out of salaries in the WOO
Budget at the same time, presented and
read.
Co\U1cil Member Tully moved tbat the
communication be received and med
and referred to Staff. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Farrell, King, Tully.
Nays-Council Member Br&ly.
Co\U1cil Member Tully moved that the
Recreation Commission investigate En-
gineers Unit for use in any possible
Recreation Programs in the City.
Seconded by Co\U1cil Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Duhuque Transit
Trustee Board requesting to be consid-
ered for acqniring the 18th Street Fire
Station to house mini-busses,presented
and re&l.
Co\U1cil Member Tully moved that the
communication be received and med
and referred to the Puhlic Works
Director. Seconded by Co\U1cil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays~None.
Communication of Corps of Engineers
&lvising of public hearing to be held on
Friday May 25th to annoUnce recom-
mendations for realignment study as it
relates to the North Central Division
area; presented and read.
Co\U1cil Member Tully moved that the
communication be received and med
Regular Session, May 7, 1979
Regular Session, May 7, 1979
183
182
The following named applicants are
hereby certüied and are to be con-
sidered for appointments in the follow-
ing order:
Sutter, Thomas J.
Walker, John C.
Loewen, Roger C.
Neyens, Scott J.
Park, Robert M.
hnhoff, James J-
Mehrl, James J.
Schroeder, Jerry R.
Wagoer, Steve J.
Richard Zimmer
Chairman
John E. Hess
Frieda Luther
Civil Service
Commissioners
minutes be received and filed.
Seconded hy Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Commissioner of
Insurauce submitting Merchauts Mutual
Bonding Co. certificate for operation of
Fidelity & Surety Insurauce in the
State to May 1, 1980. presented and
read.
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager sub-
mitting reports of the City Treasurer,
Finauce Director, Water Sup't., Health
Dept., also list of claims for month of
March, 1979, presented and read.
Co\U1cil Member Tully moved that the
communication be received and med.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certüied to hy
the Publisher, of List of Receipts and
Dishursements for month of Marcb,
1979, presented and read.
Co\U1cil Member Tully moved that the
proof of puhlication be received and
med. Seconded by Co\U1cil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certified to hy
the Publisher, published on 4-25 & 4-26,
advising of Fifth Year Community
Development Block Graut Flli1ds, pre-
sented and read.
Co\U1cil Member Tully moved that the
proof of publication be received and
med. Seconded by Co\U1cil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Original Notice with Petition attached
was served on the City of Dubuque on
Jauuary 3, 1977, wherein Mrs. Vaughn
Radabaugh was plaintüf and the City of
Dubuque was named defendant in Law
No. 41001.
Said action was au action at law
praying for judgment for personal
injuries in the amO\U1t of $10,000.00,
plus interestaud costs, alleging that
plaintiff sustained injuries to her left
leg, back and right shoulder as the
reslÙt of a fall on West 8th Street in the
City of Dubuque at or near 623 West
8th Street on the 4th day of Jauuary,
1975, claiming au accumulation of ice
and snow thereat which resulted in a
rough, jagged, \U1even, slippery and
\U1natural condition of the sidewalk.
This matter was referred to the Legal
Department and appropriate defenses
were interposed thereto. Plaintiff has
m&Je au offer of settlement of said
claim in the amO\U1t of 873.00, and it is,
therefore, the recommendation of Cor-
poration Counsel that said offer of
settlement be accepted and that the
City Auditor be instructed to draw
warrant payable to Mrs. Vaughn Rada-
baugb in the amO\U1t of $873.00 and
transmit same to the Legal Department
for delivery upon receipt of appropriate
releases and dismissal with prejudice of
said action.
Original Notice and Petition are
returned herewith.
R. N. Russo,
Corporation Co\U1sel
Co\U1cil Member Tully moved that the
communication be received and filed
and recommendation of settlement be
approved and City Auditor directed to
issue proper warrant. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
NOTICES OF CLAIMS--Normau A.
Shea, in the amoW1t of $171.93, for car
damage incurred as the result of
striking a defective portion of pavement
on Walnut Street between Prairie &
Loras on 4-8-79; John S. Garside, in the
amO\U1t of $73.13 for car damage
incurred as the result of striking a
pothole in tbe street at 32nd & Graud-
view on 2-22-79; Servina Stecher. in the
amo\U1t of $363.74 for personal injuries
and property damage received as the
reslÙt of a fall on a defective sidewalk
on W. 8th St. on 3-16'79: AI Baum-
.hover in the amO\U1t of $53.00 for
personal injuries received in a fall as the
reslÙt of W1evooess of the street at 11th
& Iowa Sts. on 3-21-79; Ronald Sovey,
in the amo\U1t of $150- for car damage
and referred to Engineering Dept.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Member Brady, Farrell, King, Tully.
Nays-None.
May 2, 1979
Honorable Mayor and City Council
W. C. Neumeister and otber plaintiffs
commenced an action against the City
Development Board and other defen-
dauts, including the City of Dubuque,
representing the owners of the property
in the territory proposed to be annexed,
other than the N-3 district, in the
District Court of Iowa, in and for
Dubuque Co\U1ty as Law No. 41236,
seeking judicial relief from the annexa-
tion to the City of Dubuque.
Appropriate resistance was m&Je
thereto hy the City Development
Board, City Development Committee
and the City of Dubuque, Iowa, and
thereafier Judge Thomas H. Nelson
dismissed the action against the City
Development Board and the City Devel-
opment Committee and left the action
pending against the City of Dubuque.
Thereafter approporiate proceedings
were filed by the City and resistance
thereto was med hy the objectors to the
annexation, and thereafier the matter
was argued before Judge Nelson in the
District Court of Iowa, in and for
Dubuque Co\U1ty on April ?:l, 1979.
The Honorable Judge Thomas H.
Nelson on May 2, 1979 in the Judge-
ment and Decree dismissed the appeal
of W. C. Neumeister, et al.. plaintiffs,
at their cost.
Accordingly, said territory may now
be annexed.
A copy of said Judgment and Decree
is attached hereto.
CITY LEGAL DEPARTMENT
By:
R. N. Russo
Corporation Co\U1ael
Co\U1cil Member Farrell moved that
the communication be received and
filed. Seconded by Co\U1cil Member
Truly. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Br&ly, Farrell, King, Tully.
Nays-None.
MINUTES SUBMITTED--Dock Com-
mission of 3-15, Park Board of 3-9,
Historic Preservation Commission of
4-12, HVAR Board of 4-10, Community
Developmeut Commission of 4-10, Air-
port Commission of 4-12, Human Rights
Commission of 3-8, Five Fiags Center
Commission of 4-17, Zoning Board of
Adjustment of 4-19, Housing Commia-
sion of 4-17, Dubnque Transit Trustee
Board of 3-2 & 3-8, presented and read.
Co\U1cil Member Tully moved that the
ATTEST:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before me
this 4th day of May, 1979.
Joleen A. Bechen
Notary Public
Co\U1cil Member Tllily moved that the
communication be received and be m&Je
a Matter of Record. Seconded by
Co\U1cil Memher Farrell. Carried by
the following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Members Br&ly, Farrell, King, Tully.
Nays-None.
Communications of City Attorney
recommending DENIALS of the follow-
ing claims: Personal property damage
claim of N. J. Schrnp, no actionable
negligence: Sewer back-up claim of
Keith H. Ludwig. no actionable negli-
gence: Sewer back-up claim of Mr. &
Mrs. Roger Hess, no actionable negli-
gence: False arrest claim of Jerry Alau
Bass, amicably disposed of; Car damage
claim of Tim Amiing, no actionahle
negligence: Car damage claim of Da,\'id
E. Wallis, no actionable negligence; Car
damage claim of Gary L. Hennen, no
actionable negligence; Car damage
claim of Melvin Mai, no actionahle
negligence; Car damage claim of Jim
Rieckens, no actionable negligence: Car
damage claim of Anthony Hentges, no
actionable negligence; Car damage
claim of Robert C. Rosacker, no action-
able negligence, presented and re&l.
Co\U1cil Member Tully moved that the
eommunications be received and filed
and recommendations of denials be
approved. Seconded hy Co\U1cil Mem-
ber Farrell. Carried by the following
vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King. Tully.
Nays-None.
April 25, 1979
Honorable Mayor and City Council
May2,1979
To the Honorahle Mayor and
Members of tbe City Council
In accordance with the provisions of
Chapter 400 of tbe Code of Iowa 1977,
the Civil Service Commission conducted
written examinatious on Jauuary 25,
1979 to applicants for Entrauce into the
Fire Department.
Physical agility tests were also con-
ducted on March 8, 1979 to applicants
wbo successfully passed the written
Fire Entrauce Examinations.
~ - -~ ~-~--~~
184
Regular Session, May 7, 1979
Nays-none.
Leo F. Frommelt
City Clerk
incurred as the reslÙt of driving into a
chuckhole on 32nd St. & Olde Co\U1try
Laue on 4-4-79; Iowa District Court
flied by Patrick N. & Paula J. Fox for
car damages incurred as the reslÙt of I Approved
potholes in city streets in the amo\U1t of
$178.86; Auto-Owners Insurance rela- Adopted
tive to car damage received hy their
insured Jill A. Norton in au accident at
26th & Jackson caused hy the removal
of a stop sign at the intersection on
3-4-79: Civil Action of Glenn & Myrna
Howell and application for temporary
restraining order and preliminary injuc-
tion and request for a hearing as the
result of City's action on rental pay-
ments \U1der Section 8 entitlements;
Mechauical Systems in the amount of I Co\U1cil Members
$55,975.26 rendered to Cullen Construc- ATTEST:
tion Co. Seaboard Surety Co. relative to
Wa$!e Water Treatment Plaut Con-
struction; Mechanical Systems Inc. for I City Clerk
the amo\U1t of $35,029.00 relative to
Waste Water Treatment Plaut J. L.
Collen Construction, Seaboard Surety
Co. for construction done by Mechauical
Systems Inc. for the acCO\U1t of Cope-
land Systems, Inc.; Jaue E. Stumpf, in
au \U1determined amount for personal
injuries received in a fall on a defective
sidewalk on the north side of 8th St.
ea$! of Locust on March 2, 1979:
Amendment to claim for damages by W.
J. Dangherty for personal injuries from
$52.05 to $50,000-: Dorothy 1. Frohs I
submitting bills as the result of personal
injuries received on December 4, 1978
in the amoúnt of $445.50 (denied at
Co\U1cil Meeting of 3-8-79), presented
and read.
Co\U1cil Member Tully moved that the
Notices of Claims be referred to the
Corporation Co\U1sel for investigation
and report. Seconded hy Co\U1cil
Member Farrell. Carried by the
following vote;
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell. King, Tully.
Nays-None.
Discussion was held on the following
requests by Mayor Wertzberger: Traf-
fic Committee to investigate making 4th
Strect either all one way or all two
traffic; also feasibility of making Jack-
son St. one way north to 32nd St. and
Central Ave. one way south starting at
32nd St.
Co\U1cil Member Brady requested
that Traffic Signals at 9th Street be
synchronized or \U1-synchronized from
Bluff to Iowa Sts.
There being no further business,
Co\U1cil Member Truly moved to ad-
journ. Seconded hy Co\U1cil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
1979
1979
- - --~
Special Session, May 16, 1979
185
CITY COUNCIL
OFFICIAL
Special Session, May 16, 1979.
Co\U1cil Met at 4:30 P.M. (C.D.T.)
Present-Mayor Wertzherger, Council
Members Brady, Farrell, King. Truly.
City Manager Gilbert D. Chavenelle.
Mayor Wertzberger re&l the call and
stated that service thereof had been
dilly m&le and this meeting is called for
the PURPOSE OF ACKNOWLED-
GING RECEIPT OF NOTICE FROM
THE CITY DEVELOPMENT BOARD
PERTAINING TO A BOUNDARY AD-
JUSTMENT UNDERTAKEN BY THE
CITY IN 1976 and acting upon such
other business as may properly come
before a ReglÙar Meeting of the
Co\U1cil.
May 11, 1979
The Honorable Mayor & City Co\U1cil
CERTIFIED MAIL
Enclosed for your information is a
final order from the City Development
Board pertaining to a bo\U1dary adjust-
ment \U1dertaken by the City of Dubu-
que, Iowa, in 1976. This document
finalizes the bo\U1dary adjustment and
provides a description of the territory
being annexed. If you have any
questions or wish clarification, please
feel free to contact me at (515) 281-5941.
Michael Miller
City Development
Board Administrator
I, Michael E. Miller, Administrative
Assistaut to the City Development
Board, State of Iowa, do hereby
certify that the attached document is
a true and correct copy of the original
document.
IN WITNESS HEREOF I have here-
\U1to set my hand and affixed the City
Development Board official seal on
the 11th day of May, 1979.
Michael E. Miller
CITY DEVEWPMENT BOARD
STATE OF IOWA
IN THE MATTER OF THE
ANNEXATION PETITION
BY THE CITY OF DUBUQUE,
IOWA, FILEDPUBSUANTTO
IOWA CODE, CHAPTER 368
NOTIF1CATION OF THE COMPLE-
TION OF AN INVOLUNTARY AN-
NEXATION
A proposed invol\U1tary annexation
by the City of Dubuque was approved
by the City Development Committee,
State of Iowa, on October 5, 1976, and
therefore said annexation question came
on for public vote and was approved by
the qualified electorate on December
28,1976.
The procedures reqnired to complete
au invol\U1tary annexation, as specified
in Iowa Code Section 368.20 have been
accomplished, including the filing of
copies of the proceedings with the
Secretary of State and the Dubuque
Co\U1ty Recorder.
Therefore, you are hereby notified
that the following described territory is
legally annexed to the City of Dubuque,
Iowa:
REVISED PERMIETER
DESCRIPTION
DUBUQUE ANNEXATION
RESOLUTIONS NO. 238-76
AND NO. 314-76 AS AMENDED
PURSUANT TO
CAUSE NO. 82588, DISTRICT
COURT OF IOWA,
DUBUQUE COUNTY.
Beginning at the point of beginning
being the intersection of the current
corporate limits of the City of Dubuque,
Iowa and the center line of the Chicago,
Milwaukee, St. PalÙ and Pacific. Rall-
road right-of-way, this point of begin-
ning being concurrent with the intersec-
tion of said railroad right-of-way center-
line and the northerly boundary of the
Northea$! quarter of Section 7 T89N
R3E of the 5th P.M.; thence north-
westerly approximately 9,000 feet along
said railroad right-of-way centerline to
the point of intersection of said center-
line with au ea$!erly extension of the
northeasterly property line of Lot 2 of
Lot 1 of Lot 1 of Lot 2 ofT.M. SlÙ!ivau's
Subdivision, in the Southwest quarter
of the Southwest quarier of Section 36
T90N R2E of the 5th P.M., thence
southwesterly approximately 160 feet
along said property line and extension
and northwesterly approximately 200
feet continning along said property line
to the point of intersection of said
property line with the northwesterly
property line of said Lot 2 of Lot 1 of
Lot 1 of Lot 2 of T.M. Sullivan's
Subdivision; thence southwesterly ap-
proximately 800 feet along said proper-
ty line and the northwesterly property
line of Lot 2 of Lot 2 of Lot 2 of said
T.M. SlÙ!ivau's Subdivision to the inter-
section of said property line with the
southerly bo\U1dary of the Southwest
quarter of the Southwest quarier of
said Section 36; thence easterly ap-
proximately 120 feet along said bo\U1-
dary to the point of intersection of said
------------
Special Session, May 16, 1979
187
Special Session, May 16, 1979
186
thence southeasterly approximately
1,540 feet along said right-of-way line to
the intersection of said right-of-way line
with the northerly ho\U1dary of the
Southwest quacter of the Southeast
quacter of said Section 11: thence
westerly approximately 400 feet along
said ho\U1dary to the point of intersec-
tion of said bo\U1dary with the northerly
properly line of Lot 2 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot 2 of the
Southwest quacter of the Southeast
quarter of said Section 11; thence
southwesterly approximately 694 feet
along said property line and the
northerly property line of Lot 2 of Lot 1
of Hawkeye Heights Subdivision in the
Southwest quarter of the Southeast
quacter of said Section 11 to the
intersection of said property line with
the westerly ho\U1dary of said South-
west quacter of the Southeast quarter
of said Section 11; thence northerly
approximately 266 feet along said boun-
dary to the point of intersection of said
boundary with the northerly ho\U1dary
of the Southeast quacter of the South-
west quacter of said Section 11: thence
westerly approximately 2,703 feet along
said houodary and the northerly boun-
dary of the Southwest quacter of the
southwest quacter of side Section 11 to
point of intersection of said bo\U1dary
with the easterly bo\U1dary of the
Northeast quacter of the Suutheast
quacter of Section 10 T89N R2E of the
5th P.M.; thence northerly approxi-
mately 1,018 feet along said bo\U1dary,
said ho\U1dary being concurrent. with
the current corporate limits of .the City
of Dubuque, Iowa, to the point of
intersection of said boundary with the
Northerly prope11y line of Lot 1 of Lot 1
of the Mozena Farm in Section 10 T89N
R2E of the 5th P.M.; thence westerly
approximately 464.4 feet along said
property line, thence continuing West-
Southerwesterly approximately 118.5
feet along said property line, thence
Southwesterly approximately 1413 feet
along said property line to the point of
intersection of said property line with
the westerly property line of said Lot 1
of Lot 1, thence Southerly approxi-
mately 947.3 feet along said westerly
property line, said boundaries of said
Lot 1 of Lot 1 being concurrent with the
current corporate limits of the City of
Dubuque, Iowa, to the point of intersec-
tion of said westerly property line with
the Northerly property line of Lot 2 of
the South hall of Southeast quarter of
the Southwest quarter and of the
Southwest quarter of the Southwest
quarter of the Southeast quacter, Sec-
tion 10 T89N R2E of the 5th P.M.;
thence Westerly 'approximately 1068.6
feet along said property line, said
property line heing concurrent with the
current corporate limits of the City of
Dubuque, Iowa, to the point of intersec-
tion of said northerly property line with
the Westerly property line of said Lot
2 thence Southerly approximately 661.1
feet along said property line, said
property line heing concurrent with the
current corporate limits of the City of
Dubuque, Iowa, to the point of intersec-
tion of said property line with the
Northerly ho\U1dary of Section 15 T89N
R2E of the 5th P.M., thence Westerly
approximately 3593.66 feet along said
boundary and along the Northerly
bo\U1dary of Section 16 T89N R2E of the
5th P.M.. said 3593.66 feet of said
boundaries being concurrent with the
current corporate limits of the City of
Dubuque, Iowa, to the point of inter-
section of said bo\U1dary with the
Westerly ho\U1dary of the Northeast
quacter - Northeast quarter of said
Section 16, thence Southerly approxi-
mately 1062.96 feet along said bo\U1-
dary, said bo\U1dary being concurrent
with the current corporate limits of the
City of Dubuque, Iowa, to the point of
intersection of said boundary with the
Northerly properly line of Lot 2 of
Helen E. and Mary H. Stewacts Sub. in
said Section 16 T89N R2E of the 5th
P.M., thence Northwesterly and North-
Northwesterly approximately 1133 feet
along said property line and the North-
easterly property line of Lot 1 of said
Helen E. and Mary H. Stewacts Suh.,
said property line being the Southerly
right-of-way line of North John F.
Kennedy Road and being concurrent
with the current corporate limits of the
City of Dubuque, Iowa, to the point of
intersection of said property line with
the Northwesterly property line of said
Lot 1, thence southwesterly approxi-
mately 1,297 feet along said property
line to the point of intersection of said
property line with the northeasterly
property line of said Lot 1 of Helen E.
and Mary H. Stewacts Subdivision, said
property line lying within the Southeast
quacter of the Northwest quarter of
said Section 16 and being concurrent
with the current corporate limits of the
City of Duhuque, Iowa; thence north-
westerly approximately 663 feet along
said property line to the point of
intersection of said property line with
the northwesterly property line of said
Lot 1, said property line lying within
the Southwest quarter of the Northwest
quarter and the Southeast quacter of
the Northwest quacter of said Section
16 and being concurrent with the
current corporate limits of the City of
Dubuque, Iowa: thence southwesterly
approximately 1,510 feet along said
property line to the point of intersection
of said property line with the northerly
bo\U1dary of the Northwest quarter of
the Southwest quacter of said Section
16: thence westerly approximately 955
feet along said bouodary, said bo\U1dary
being concurrent with the current
corporate limits of the City of Dubuque,
Iowa, to the intersection of said bo\U1-
aary with the westerly bo\U1dary of the
Northwest quacter of the Southwest
quacter of said Section 16; thence south-
erly approximately 1.320 feet along said
boUIldary, said boundary being con-
current with the current corporate
limits of the City of Duhuque, Iowa,
to the point of intersection of said
bo\U1dary with the northerly bo\U1dary
of the Southeast quacter of the South-
east quacter of Section 17 T89N R2E of
the 5th P.M.: thence westerly approxi-
mately 1,320 feet along said bo\U1dary
to the point of intersection of said
bo\U1dary with the westerly bo\U1dary of
the Southeast quacter of the Southeast
quacter of said Section 17; thence
southerly approximately 1,290 feet
along said boundary to the point of
intersection of said boundary with the
northerly right-of-way line of Asbury
Road; thence westerly approximately
250 feet along said right-of-way line to
the point of intersection of said right-of-
way line with the northerly bo\U1dary of
the Northwest quacter of the Northeast
quacter of Section 20 T89N R2E of the
5th P.M.; thence southerly approxi-
mately 64 feet along a line perpendicu-
lar to the centerline of said Ashury
Road to the point of intersection of said
line with the southerly right-of-way line
of said Asbury Road; thence westerly
approximately 175 feet along said right-
of-way line to.the point of intersection
of said right-of-way line with the
westerly property line of Lot 1 of the
Northwest quarter of the Northeast
quacter of said Section 20; thence
southerly approximately 790 feet along
said property line and the westerly
property line of Lot 2 of KIeser Place in
the Northwest quacter of tHe Northeast
quacter of said Section 20 to the point of
intersection of said property line with
the southerly property line of said Lot 2
ofKloser Place: thence easterly approx-
imately 400 feet along said property line
to the intersection of said property line
with the westerly bo\U1dary of the
Northeast quacter of the Northeast
quarter of said Section 20; thence
southerly approximately 440 feet along
said boundary to the intersection of said
boundary with the northerly bo\U1dary
of the Southwest quarter of the North-
east quarter of said Section 20: thence
bo\U1dary with the westerly boundary of
Section 1 T89N R2E of the 5th P.M.,
thence southerly approximately 2,320
feet along said bo\U1dary of said Section
1 to the point of intersection of said
boundary with the easterly right-of-way
line of Peru Road; thence southeasterly
approximately 2,240 feet along said
right-of-way line to the point of inter-
section of said right-of-way line with au
easterly extension of the northerly
property line of Lot 2 of Lot 1 of Lot 5
of the Southwest quacter of said Section
1; thence westerly approximately 825
feet along said easterly extensiou and
said northerly property line to the point
of intersection of said property line with
the westerly ho\U1dary of said Section 1:
thence southerly approximately 575 feet
along said bo\U1dary to the intersection
of said bo\U1dary with the southerly
bo\U1dary of said Section 1; thence
continning southerly approximately
2,686 feet along the westerly ho\U1dary
of the Northwest quacter of Section 12
T89N R2E of the 5th P.M., the
southerly 2,275 feet of said bouodary
being concurrent with the current
corporate limits of the City of Dubuque,
Iowa, to the point of intersection of said
boundary with the northerly bo\U1dary
of the Northeast quacter of the South-
east quacter of Section 11 T89N R2E of
the 5th P.M.: thence westerly approxi-
mately 975 feet along said ho\U1dal'Y to
the point of intersection of said bo\U1-
dory with the northeasterly property
line of Lot 2 of Lot 2 of the Southeast
quacter of the Northeast quacter of said
Section 11; thence northwesterly ap-
proximately 295 feet along said pro-
perty line of said Lot 2 of Lot 2 of the
Southeast quarter of the Northeast
quacter of said Section 11; thence
southwesterly approximately 160 feet
along said property line and along the
northwesterly property line of Lot 1 of
Lot 2 of the Southeast quacter of the
Northeast quacter of said Section 11 to
the point of intersection of said pro-
perty line with the northeasterly pro-
perty line of Lot 2 of Lot 1 of Lot 1 of
Northome Place in the Southwest
quarter of the Northeast quarter of said
Section 11: thence northwesterly ap-
proximately 485 feet along said pro-
perty line to the point of intersection of
said property line with the northwester-
ly property line of said Lot 2 of Lot 1 of
Lot 1 of Northome Place in Southwest
quacter of Northeast quarter of said
Section 11; thence southwesterly ap-
proximately 1,160 feet along said pro-
perty line and au extension of said
property line to the point of intersection
of said extension with the westerly
right-of-way line of U.S. Highway 52;
188
Special Session, May 16, 1979
Special Session, May 16, 1979
189
westerly approximately 1,370 feet along
said bo\U1dary and au extension of said
boundary to the point of intersection of
said extension with the westerly right-
of-way line of Radford Road; thence
southerly approximately 1,320 feet
along said right-of-way line to the point
of intersection of said right-of-way line
with the northerly bo\U1dary of the
Northeast quarter of the Southwest
quarter of said Section 20; thence
westerly approximately 1,320 feet along
said bo\U1dary to the point of intersec-
tion of said bo\U1dary with the westerly
boundary of the Northeast quarter of
the Southwest quarter of said Section
20; thence southerly approximately
2,640 feet along said bo\U1dary and the
westerly boundary of the Southeast
quarter of the Southwest quarter of
said Section 20 to the point of inter-
section of said bo\U1dary with the south-
erly right-of-way line of Middle Ro&J
(Pennsylvauia Avenue!; thence west-
erly approximately 1,320 feet along said
right-of-way line to the intersection of
said right-of-way line with the westerly
bo\U1daryof Section 29 T89N R2E of the
5th P.M.; thence southerly approxi-
mately 5,120 feet along said bo\U1dary
to the point of intersection of said
bo\U1dary with the southerly right-of-
way line of the lllinois Central Ra!lroad
right-of-way; thence easterly approxi-
mately 5,700 feet along said right-of-
way line to the point of intersection of
said right-of way line with the westerly
bo\U1dary of Section 28 T89N R2E of the
5th P.M.; thence southerly approxi-
mately 2,050 feet along said bom,dary
to the point of intersection of said
boundary with the southerly bo\U1dary
of the Southwest quarter of the South-
west quacter of said Section 28; thence
easterly approximately 1,320 feet along
said bo\U1dary to the point of intersec-
tion of said bo\U1dary with the easterly
bo\U1dary of the Southwest quarter of
the Southwest quarter of said Section
28; thence northerly approximately 640
feet along said boundary to the intersec-
tion of said boW1dary with the southerly
property line of Lot 1 of Lot 1 of Lot 1
of Mineral Lot 287 in the Southeast
quarter of the Southwest quarter of
said Section 28; thence southeasterly
approximately 1,329 feet along said
property line to the point of intersection
of said property line with the easterly
property line of said Lot; thence north-
erly approximately 520 feet along said
property line to the point of intersection
of said property line with the northerly
property line of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot 1 of Mineral Lot
289 in the Southwest quarter of the
Southeast quarter of said Section 28;
thence southeasterly approximately 650
feet along said property line to the point
of intersection of said property line with
the easterly property line of Lot 2 of
Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1
of Mineral Lot 289 in the Southwest
quarter of the Southeast quarter of said
Section 28; thence northeasterly ap-
proximately 120 feet along said pro-
perty line to the point of intersection of
said property line with the south-
westerly property line of Lot 2 of Lot 1
of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot
1 of Mineral Lot 289 in the Southwest
quarter of the Southeast quarter of said
Section 28; thence southeasterly ap-
proximately 330 feet along said pro-
perty line and the southwesterly pro-
perty line of Lot 2 of Lot 1 of Mineral
Lot 289 in the Southwest quarter of the
Southeast quarter of said Section 28 to
the point of intersection of said pro-
perty line with the .outheasterly pro-
perty line of Lot 2 of Lot 1 of Mineral
Lot 289 in the Southwest quarter of the
Southeast quarter of said Section 28:
thence northeasterly approximately 175
feet along said property line to the point
of intersection of said property line with
the southerly right-of-way line of Old
u.S. Highway 20 (Crescent Ridge
Road); thence southerly approximately
340 feet along a northerly extension of
the we$!erly property line of Lot 2 of
Lot 2 of Mineral Lot 290 in the
Southwest quarter of the Southeast
quarter of said Section 28 and along said
property line to the point of intersection
of said property line with the southerly
property line of Lot 1 of Lot 2 of
Mineral Lot 290 in the Southwest
quacter of the Southeast quarter and
the Southeast quarter of the Southeast
quarter of said Section 28: thence
southeasterly approximately 920 feet
along said property line to the point of
intersection of said property line with
the westerly property line of Lot 1 of
Mineral Lot 290 in the Southeast
quarter of the Southeast quarter of said
Section 28; thence southwesterly ap-
proximately 1,337 feet along said pro-
perty line and the westerly property
line of Lot 5 of Hansel's Addition in the
Northwest quarter of the Northeast
quarter and in the Northeast quarter of
the Northeast quarter of Section 33
T89N R2E of the 5th P.M.. to the point
of intersection of said property line with
the southerly property line of said Lot 5
Hansel's Addition; thence easterly ap-
proximately 1,407 feet along said pro-
perty line to the intersection of said
property line with the westerlybo\U1d-
ary of the Northwest quarter of the
Northwest quarter of Section M T89N
R2E ofthe 5th p.m.; thence southerly
approximately 380 ft. along said bo\U1d-
ary to the point of intersection of said
boundary with the northwesterly pro-
perty line of Lot 1 of Lot 1 of Lot 2 of
Lot 1 of Lot 1 of Lot 1 of Lot 2 of Miner-
al Lot 220 in the Northwest quarter of
the Northwest quarter of said Section
34: thence southwesterly approximately
70 ft- along siad property ilne to the
point of intersection of said property
line with the southwesterly property
line of said Lot 1 of Lot 1 of Lot 2 of Lot
1 of Lot 1 of Lot 1 of Lot 2 of Mineral
Lot 220: thence southeasterly approxi-
mately 760 ft. along said property line
and the southwesterly property lines of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 and Lot 2 of Lot 1
of Lot 1 of Lot 1 of Lot 1 and Lot 2 of
Lot 1 of Lot 1 of Lot 1 all of Cedar
Ridge Acres and Lot 1 of Lot 2 of Lot 2
of Mineral Lot 220, all in said Section 34
to the point of intersection of said
property line with the northwesterly
property line of Lot 2 of Lot 3 of
Mineral Lot 217 in the Southwest
quarter of the Northwest quarter of
said Section 34; thence southwesterly
approximately 846 feet along said pro-
perty line and the northwesterly pro-
~~:. ~d~ ~~~O~Lo:h~ o¡'~~~e~: I
quarter of the Northwest quarter of
said Section 34 to the point of intersec-
tion of said property line with the north-
easterly property line of said Lot 1 of
Lot 1 of Lot 1 of Cedar Ridge Farm:
thence northwesterly approximately 442
feet along said property line to the point
of intersection of said property line with
the southwesterly property line of said
Lot: thence southerly approximately
534 feet to the point of intersection of
said property line with the southerly
boundary of the Southwest quarter of
the Northwest quarter of said Section
34: thence easterly approximately 2,555
feet along said bo\U1dary and the
southerly bo\U1dary of the Southeast
quarter of the Northwest quarter of
said Section 34 to the point of intersec-
tion of said bo\U1dary with the westerly
bo\U1dary of the Northwest quarter of
the Southeast quarter of said Section
34; thence southerly approximately
1,338 feet along said boundary to the
point of intersection of said boundary
with the southerly bo\U1dary of the
Northwest quarter of the Southeast
quarter of said Section 34: thence
easterly approximately 998 feet along
said bo\U1dary to the point of inter-
section of said bo\U1dary with the north-
westerly right-of-way ilne of North
Cascade Road; thence southeasterly ap-
proximately 64 feet along a line per-
pendicular to the centerline of said ro&J
to the point of intersection of said line
with the southeasterly right-of-way line
of said road: thence northeasterly ap-
proximately 240 feet along said right-of-
way line to the point of intersection of
said right-of-way line with the westerly
boundary of the Southeast quarter of
the Southeast quarter of said Section
34; thence southerly approximately
1,245 feet along said bo\U1dary to the
point of intersection of said bo\U1dary
with the southerly boundary of the
Southeast quarter of the Southeast
quarter of said Section 34: thence
easterly approximately 320 feet along
said bo\U1dary to the point of intersec-
tion of said bo\U1dary with the westerly
bo\U1dary of the Northwest quarter of
the Northwest quarter of Section 2
TBBN R2E of the 5th P.M.. thence
southerly approximately 1,520 feet to
the intersection of said bo\U1dary with
the centerline of the flow of the South
Fork of the Catfish Creek; thence
southeasterly approximately 4,150 feet
along said centerline of flow to the point
of intersection of said centerline of flow
with the westerly bo\U1dary of the
Southwest quarter of the Northeast
quacter of said Section 2: thence
southerly approximately 3,760 feet
along said bo\U1dary and the westerly
boundary of the Southeast quarter of
said Section 2 to the point of intersec-
tion of said boundary with the southerly
bo\U1dary of the Southeast quarter of
said Section 2; thence easterly approxi-
mately 2,640 feet along said bo\U1dary
to the point of intersection of said
bo\U1dary with the westerly boundary of
the Northwest Quarter of the North-
west quarter of Section 12 TBBN R2E of
the 5th P.M., thence southerly approxi-
mately 460 feet along said bo\U1dary,
said 460 feet being concurrent with the
current corporate limits of the City of
Dubuque, Iowa, to the intersection of
said bo\U1dary with the southerly pro-
perty line of Lot 2 of the Subdivision of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I
of Lot 1 of Lot 1 of Annie Waller's
Subdivision #2; thence easterly approxi-
mately 1,360 feet along said property
line and au easterly extension of said
property line, said property line and
extension being concurrent with the
current corporate limits of the City of
Dubuque, Iowa, to the point of inter-
section of said corporate limits with the
easterly boundary of said corporate
limits: thence northeasterly approxi-
mately 2,400 feet along the current
corporate limits of the City of Dubuque,
Iowa, to the point of intersection of said
corporate limits with the southerly
property line of Lot 2 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot 1 of Mineral Lot
190
Special Session, May 16, 1979
482 in the Northeast quacter of the
Southwest quarter of Section 1 T88N
R2E of the 5th P.M.: thence easterly
approximately 334 feet along said pro-
perty line to the point of intersection of
said property line with the easterly
property line of said Lot 2 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Mineral Lot 482; thence northerly
approximately 148 feet along said pro-
perty line to the point of intersection of
said property line with the southerly
right-of-way line of old U.S. Righway
52; thence northwesterly approximately
135 feet along said right-of-way line to
the point of intersection of said right-of-
way line with a southerly ex-
tension of the easterly property line of
Lot 2 of Lot 1 of Lot 1 of Key Gate
Center in the Northeast qusrter of the
Southwest quarter of said Section 1:
thence northeasterly approximately 450
feet along said property line and
extension and a northerly extension of
said property line to the point of
intersection of said extension with the I
northerly right-of-way line of Old
Bellevue Road; thence nurthwesterly
approximately 665 feet along said right-
of-way line to the point of intersection
of said right-of-way line with the
southerly bo\U1dary of the Southeast
quarter of the Northwest quacter of
said Section 1, this point of intersection
being concurrent with the current
corporate limits of the City of Duhuque,
Iowa; thence easterly approximately
1,520 feet along said bo\U1dary and the
southerly bo\U1dary of the Southwest
quarter of the Northeast quarter of said
Section 1 to the point of intersection of
said bo\U1dary with the westerly right-
of-way line of U.S. Highways 61 and
151: thence northeasterly approximate-
ly 2,120 feet along said right-of-way line
to the point of intersection of said
right-of-way line with the southerly
right-of-way line of the Illinois Central
Railroad right-of-way; thence easterly
approximately 4,960 feet along said
right-of-way line to the point of inter-
section of said right-of-way line with the
westerly property line of Lot 3 of the
Subdivision of Government Lot 1, in the
Northeast quarter of the Northeast
quarter of Section 6 T88N RaE of the
5th P.M.. said property line being
concurrent with the current corporate
limits of the City of Dubuque, Iowa:
thence southerly approximately 248 feet
along said property line to the point of
intersection of said property line with
the southerly property line of said Lot 3
of the Subdivision of Government Lot 1,
said property line being concurr"nt with
the current corporate limits of the City
of Dubuque, Iowa; thence easterly
approximately 1,420 feet along said
property line to the intersection of said
property line with the easterly property
line of said Lot 3 of the Subdivision of
Government Lot 1, said property line
being concurrent with the current
corporate limits of the City of Duhuque.
Iowa; thence northwesterly approxi-
mately 1,450 feet along said property
line to point of intersection of said
property line with the northerly
boundary of the Northeast quarter of
the Northeast quarter of Section 6:
thence easterly approximately 1,600 ft.
along said houndary, said 1,500 ft. along
said bo\U1dary being concurrent with
the current corporate limits of the City
of Duhuque, Iowa, to the point of inter-
section of said bo\U1dary with the
said bo\U1dary, said 1,500 feet along said
bo\U1dary being concurrent with the
current corporate limits of the City of
Dubuque, Iowa, to the point of inter-
section of said boundary with the
easterly boundary of said corporate
limits; thence northerly approximately
29,500 feet along said corporate limits
to the intersection of said corporate
limits with the northerly bo\U1dary of
said corporate limits; thence westerly
approximately 700 feet along said
northerly boundary of said corporate
limits to the point of intersection of aaid
corporate limits with the centerline of
the Chicat;:<>" Milwaukee, St. Paul and
Pacific Railroad right-of-way, this point
of intersection being the point of
beginning as described herein.
This annexation is effective the 1st
day of J\U1e 1979.
City Development Board
State of Iowa
By Is/Sharon K. Nail
Chairperson
I hereby certify that Michael E.
Miller is personally known to me as
Administrator of the City Development
Board, State of Iowa, and appeared
before me and affixed Sharon K. Nall's
signature to the above document on this
the 11th day of May, 1979.
Dolores E. Abels
Notary Public
NOTICE OF SERVICE
The\U1dersigned herehy certifies that
a true copy of the foregoing instrument
was-served upon each of the following:
Robert H. Budde, Individually
aud/orChairmau of Committee to
Oppose Annexation
1346 Robin Hood Drive
Dubuque, Iowa 52001
Leo F. Frommelt
Dubuque City Clerk
City Hall
Dubuque, Iowa 52001
191
Special Session, May 16, 1979
The Honorable Melvin D. Synhorst
Secretary of State
State Capitol
LOCAL
Seconded by Co\U1cll Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None,
Matt Rohner
Dubuque Co\U1ty Recorder
Dubuque Co\U1ty Courthouse
Dubuque, Iowa 52001
Duhuque County Board of
Supervisors
Dubuque Co\U1ty Courthouse
Dubuque, Iowa 52001
RESOLUTION NO. 113-79
WHEREAS, a proposed invol\U1tary
annexation by the City of Dubuque was
approved by the City Development
Committee, State of Iowa, on October
5, 1976, and therefore said annexation
question came on for public vote and
was approved by the qualified elector-
ate on Decemher 28, 1976: and
WHEREAS, the procedures required
to complete an invol\U1tary annexation,
as specified in Iowa Code Section 368.20
have been accomplished, including the
filing of copies of the proceedings with
the Secretary of State and the Dubuque
Co\U1ty Recorder; and
J. Wilson McCallister, Attorney
705 Dubuque Building
Dubuque, Iowa 52001
Lee C. Benfield
Iowa Department of Trausportation
430 -16th Ave., S.W.
Cedar Rapids, Iowa 52400
George J. Brown
Dubuque Co\U1ty Auditor
Dubuque Co\U1ty Courthouse
Dubuque, Iowa 52001
The Honorable Mayor & City Council
City of Dubuque
City Hall
Duhuque, Iowa 52001
WHEREAS, by order of the City
Development Board dated May 11, 1979
a final order was entered pertaining to
the bo\U1dary adjustment \U1dertaken
by the City of Dubuque, Iowa in 1976.
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the receipt of notice
from the Oity Development Board
pertaining to a boundary adjustment
undertaken by the Oity of Dubuque,
Iowa in 1976 be aad the same is hereby
ack:1wwkdged, same bearing the date of
May 11, 1979.
Section 2. That tbe Oity Manager be
and he is hereby ordered to adhere to
the effective date of said annexation,
being the 1st day of June, 1979, and to
take whatever action is necessary and
required to extend services to the
annexed area with reasonabk diligence
and haste-
Passed, approved and adopted this
16th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
Mr. Karl Biasi, Director
East Central Intergovernmental
Association
Suite 22B, Fïacher Building
P.O. Box 1140
Dubuque, Iowa 52001
Said copy was malled in au envelope
&ldressed to them at the addresses
shown above, with postage. fuily paid,
and by depositing same in a United
States Post Office depository in Des
Moines, Iowa, on the 11th day of May,
1979.
Michael E. Miller
City Development Board
Administrator
Co\U1cil Member Brady moved that
the communication be received and filed
and be made a Matter of Record.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Development
Board submitting necessary instru-
mentscopies of which are to be med
with tbe Secretary of State and the
Clerk of each City involved in a
boundary &ljustment proceeding, pre-
sented and re&l.
Co\U1cil Member Tully moved that the
communication be received and filed.
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Brady- Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
192
Special Session, May 16, 1979
Approved
1979
1979
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Farrell moved adop-
tion of the Resolution. Seconded hy
Co\U1cil Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell. King, Tully.
Nays-None.
At 5:10 P.M. Co\U1cil Member Truly
moved to go into Executive Session to
review applications for the position of
City Mauager. Seconded hy Co\U1cil
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully-
Nays-None.
Co\U1cll reconvened in ReglÙar Ses-
sion at 6:13 P.M. At that time Mayor
Wertzberger auno\U1ced applications
were eliminated to a figure of twelve
(12) and that a Meeting will be held on
May 22, 1979 to discuss survivors of
first ro\U1d; at which time they will go
into Executive Session.
There being no further business,
Co\U1cil Member Brady moved to ad-
journ. Seconded hy Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Leo F. Frommelt
City Clerk
Council Members
City Clerk
Special Session, May 21, 1979
193
CITY COUNCIL
Carolyn Farrell
Co\U1cil Members
OFFICIAL
RESOLUTION NO. 114-79
WHEREAS, Applications for Beer
Permits have been submitted and filed I AdopteL
to this Co\U1cll for approval and the
same have been examined and ap-
proved;
WHEREAS, The premises to be
occupied by such applicants were in-
spected and fo\U1d to comply with the
Ordinauces of this City and bave filed I -
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Co\U1cil of the
City of Duhuque, Iowa, that the Maua- I ATTEST:
ger be authorized to cause to he issued
to the following named applicants a
Beer Permit.
CLASS "B" BEER PERMIT
Evening ()ptinû.st Club
01 Dubuqu./McAIeece Recreation Area
(Also S\U1day Sales)
Passed, adopted and approved this
16th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Special Session, May 21, 1979.
Co\U1cil Met at 7:30 P.M. (C.D.T.)
Present-Mayor Wertzberger, Council
Members Brady, Farrell, King, Truly.
City Mauager Gilbert D. Chavenelle.
Mayor Wertzberger read the call and
stated that service thereof h&l been
dilly made and this Meeting is called for
the purposes of CONSIDERING AP-
PROV AL OF A LEASE AND AGREE-
MENT WITH THE DUBUQUE TWINE
COMPANY and acting upon such other
business as may properly come before
the Meeting.
Proclamations proclsiming month of
J\U1e as "Recreation and Parks Month"
and Week of May 28 to J\U1e 3, 1979 as
"Vietnam Veterans Week" were read
and so proclaimed by Mayor Wertz-
berger.
Comm\U1ication of Keyline Transit
Mauager submitting a resolution autho-
rizing the Mayor to execute a grant
contract in the amount of $332,208,
presented and read.
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members ßtady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO, 115-79
AUTHORIZING EXECUTION OF
OPERATING ASSISTANCE GRANT
CONTRACT WITH THE URBAN
MASS TRANSPORTATION
ADMINISTRATION
WHEREAS, under date of May 1,
1979, the Urban Mass Trausportation
Administration tendered au Operating
Assistauce Graut Contract providing for
a $332,208 payment to the City of
Dubuque:
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA that:
Section 1. The Mayrn of the Oity of
Dubuque is hereby autlwrized and
directed to execute an Operating Assis-
tOlWe Grant Contract frn Project No.
IA-05-40tll; covering the period of Jv1y
I, 1978 to June t!0, 1979-
Passed, approved and adopted this
21st day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Br&Jy
ATTEST:
Leo F. Frommeit
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Memher Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Comm\U1ication of Keyline suhmitting
au application providing for $76,618 in
operating and capital assistance from
the State DOT to offset part of the cost
of the Trausit System during 1980,
presented and re&l.
Co\U1cil Member Tully moved that the
communication be received and filed
and request granted. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 116-79
A RESOLUTION DIRECTING THE
TRANSFER OF CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1, That an ""'-'YUnt not to
exceed One Hundred Forty-eight Thou-
sœnd, Two Hundred Ninety-ftywr and
no/HIO Dol1œrs ($IJ,8,294.oo) shall be
tra:nsferred aad reprogrammed as fol-
wws:
FY'79 Administrative
Employee Expense
Enviromental Improvements
FY'79
Code Enforcement Support
FY'79
Miscellaueous Receipts
FY' 78
Uncommitted FW1ds FY '78
Heritage Conservation &
Recreation Services Ref\U1d 14,900
Contigencies FY '79 ~
$148,294
$ 21,264
15,000
24,000
1,805
15,264
Transfer To
32nd Street Fire Station
Construction Project $148,294
Section 2. That the frnegoing trans-
fer of fwnds has heretofrne been op-
proved by the Community Deve/npment
Commission-
Passed, approved and adopted, this
21st day of May, 1979.
Richard Wertzberger
Mayor
--
194
Special Session, May 21,1979
D. Michael King
James E. Brady
Carolyo Farrell
Co\U1cil Members
EXlDBIT "An
Comm\U1ity Development Block Graut
Pohilc Hearing
Pursuaut to Title I of the Housing and
Community Development Act of 1974,
the City Council will hold a public
hearing for the purposes of obtaining
the views of residents of the City on the
amending of Community Development
Block Graut Agreement B-78-MC-19-
0004 dated May 23, 1978, to provide
One H\U1dred Forty-eight Thousand,
Two Hundred Ninety-four and no(l00
Dollars ($148,294.001 for construction of
the 32nd Street Fire Station.
A copy of Graut Agreement B-78-MC-
19-0004 dated May 23, 1978, the pro-
posed Amendment and the proposed
construction plans are on file and
avallahle at the Department of Com-
m\U1ity Development, 480 Fischer Buil-
ding, Dobuque, Iowa or the office of
City Clerk, City Hall. 13th and Central,
Dubuque, Iowa between the hours of
8:00 AM and 5:00 PM except Saturdays,
S\U1days and holidays. Additional
information concerning the Comm\U1ity
Development Block Grant Program may
be obtained from Dan Dittemore or
Harry Neustadt of the Department of
Community Development (319-557-1930)
The public hearing will be held in City
Co\U1cil Chambers, City Hall, 13th and
Central Streets, Dohuque, Iowa at 7:30
PM on J\U1e 4, 1979. Any person or
organization desiring to be heard will be
given au opportunity to express their
views on this Amendment
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded hy
Mayor Wertzberger. Carried hy the
following vote:
Yeas-Mayor Wertzherger. Co\U1cil
Members Brady, Farrell, King, TlÙly.
Nays-None.
Proof of Publication, certified to hy
the Pohlisher, of Notice of Hearing to
consider approval of a Lease and
Agreement hetween the City's Dock
Commissioners and Duhuque Twine
Compauy, presented and read.
No written ohjections were filed and
no oral ohjectors were present in the
Co\U1cil Chamher at the time set for the
hearing.
Co\U1cil Member Farrell moved that
the proof of puhlication be received and
filed. Seconded hy Co\U1cil Member
Truly. Carriedhythefollowingvote:
Yeas-Mayor Wertzherger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 118-79
WHEREAS, pursuant to Resolution
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Farrell moved adop-
tion of the Resolution. Seconded hy
Mayor Wertzherger. Carried by the
following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Memhers Brady, Farrell, King.
Nays-None.
Ahstain-Co\U1cil Member Tully.
RESOLUTION NO. 117-79
AUTHORIZING PUBLICATION OF
NOTICE OF PUBLIC HEARINGS FOR
TEE PURPOSE OF AMENDING USE
OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS UNDER
GRANT AGREEMENT
B-78-MC-19-ooo4 DATED MAY 23,
1978
WHEREAS, the City of Duhuque is
entitled \U1der Title I of the Housing
and Community Development Act of
1974 to certain Community Develop-
ment Block Graut fW1ds; and
WHEREAS, the reglÙations gover-
ning the submission of au application,
the development of such application,
and in the development of any revi-
sions, changes or amendments require
that citizens be provided with adequate
information concerning the Comm\U1ity
Development Block Graut Program; and
WHEREAS. it is deemed to be in the
best interests of the Community
Development Block Graut Program to
hold certain public hearings to supple-
ment meetings held by the Comm\U1ity
Development Commission: now there-
fore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the Oity Clerk be aad
he is hereby œuthari.ed and directed to
publish notice of public hearings in the
fcmn of &hibit '>1" attached hereto aad
mmi£ a part hereof-
Passed, approved and &lopted this
21st day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyo Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Special Session, May 21,1979
195
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion, published on May 10, 1979 in the
City of Dubuque, Iowa, the City Co\U1cil
of the City of Dubuque, Iowa met on the
21st day of May, 1979 at 7:30 o'clock
P.M. (CDT) in the City Council Cham-
bers in the City Hall, Dubuque, Iowa to
consider the proposal to enter into a
Lease and Agreement by and hetween
the BOARD OF DOCK COMMIS-
SIONERS of the City of Dubuque,
Iowa, as Lessor, and DUBUQUE
TWINE COMPANY, as Lessee, of 20
Terminal St., Duhuque, Iowa, covering
a tract of laud fully described in said
Lease Agreement, and upon which real
estate is presently located the building
presentiy known as the Duhuque Muni-
cipal River-RaIl Terminal and which
building is expressly excluded in said
Lease Agreement, a copy of which is
attached hereto, and by reference made
a part hereof as though fully set out
herein; and
WHEREAS, the City Co\U1cil of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the propoSId to grant said Lease Agree-
ment \U1der the terms and conditions of
said Lease Agreement set out therein:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the proposal to enter
.nto a Lease Agreement by and bet-
ween the Boo:rd of Dock Commissioners
of the Oity of Dubuque, Iowa and
Dubuque Twine Company, as Lessee,
covering a tract of la:nd fuJ1y described
In said Lease Agreement, and upon
which real estate is located the b11ilding
presently /cJwum as the Dubuque Muni-
cipal River-Rail Terminal and which
building is expressly excluded in said
Lease Agreement, a copy of which is
attached hereto, be and the same is
hereby approved urukr the terms and
conditions of said Lease Agreement.
Section 2. That the MaytYr and the
Oity Clerk be and they are hereby
auiharized aad directed to execute said
Lease Agreement ftYr and on behalf of
the Oity of Dubuque, 10=
Section 3. That the Oity Clerk be and
he is hereby directed to file a certified
copy of this Resolution In the office of I"
the Dubuque County Recorder and the
office of the Oity AssesstYr-
Passed. approved and adopted this
21st day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Farrell moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Tully. Carried hy the
following vote:
Yeas-Mayor Wertzherger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Co\U1cil Member Farrell further
moved that the Bill of Sale be for-
warded to the Corporation Co\U1sel for
delivery upon receipt of collection of
fee. Seconded hy Co\U1cil Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays~None.
A Hesolution establishing an Amhu-
lance Study Task Force, was presented
and read.
Co\U1cil Member Tully moved to
suspend the rules to let anyone present
address the Co\U1cil ü they so desire.
Seconded by Co\U1cil. Member King.
Carried by the following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Memher Brady, Farrell, King, Tully.
Nays-None.
Dr. Rose spoke to the Resolution
being of the opinion they must have in
hospital care; Need expertise in mul-
tiplefield.
RESOLUTION NO. 119-79
Estahlishing au Ambulance Study
Task Force
WHEREAS, there has been submit-
ted to the Dubuque City Co\U1cil au
Ontline of Study of AmblÙauce Service
dated April 25, 1979; and
WHEREAS, afier due consideration
by the Dubuque City Council on May 7,
1979, such Outline was amended and
approved: and
WHEREAS, it is deemed to be in
best interest of the City of Dubuque
that au Ambulauce Study Task Force be
established to undertake such a study
and to report its findings to the
Dubuque City Co\U1cil;
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That there is hereby
created an Ambula:nce Study Task
Force to have such responsibilities as
described in the OutliM of Study of
Ambulance Service as revised an May
Special Session, May 21,1979
,
RESOLUl'IONNO.120-79
WHEREAS, the owners of an area
approximately 1.76 acres in size im-
mediately contiguous to the westerly
City Limits of the City of Dubuque,
Iowa, now vol\U1tarily petition the City
Co\U1cil for aunexation of their property
to the City of Dubuque, Iowa: and
WHEREAS, the inhabitants of said
terrItory will be enabled to secure the
benefits of City Government ü said
property is incorporated within the
limits of the City of Duhuque, Iowa,
to-wit; the benefits of police and fire
protection, and the securing of water,
sewer, and other municipal services:
and
WHEREAS, Chapter 368 of the Code
of Iowa, as amended, authorizes the
extension of City Limits \U1der such
circumstances by adoption of a Resolu-
tion therefore; and
WHEREAS, the future growth,
orderly development and preservation
of the public health of the City of
Dubuque, Iowa makes it imperative
that said premises be made a part of the
City of Dubuque, Iowa;
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. That the territorial limits
of the Oity of Dubuque, Iowa, be and
they are hereby extended to include the
area comprised of the foUowing des-
cribed real estate:
Lot 2-2-1 of Clin Que Inc. Addition
~eM property being shown upon the
plat attached hereto, marked Exhibit
"A", and by this reference rnatlæ a
part hereofr
aad providing that the owners of SeM
property herein named, execute their
written accepta:nee hereto attached
agreeing:
a. that a Site Plnn confrmning to
requirements of Section 5-10t! of Appen-
dix "A" of the Code of Ordirw:nces, Oity
of Dubuque, shall be submitted far
approval, and which Site Pion shall
provide for the installation of la:ndscape
rnateriUÚJ and other vegetative screen-
ing on the western and southern
perimeters of the site:
of the
25-16'2 of
Oity of Dubuque, Iowa, to establish
vehicw weight restrictions on Bies
Drive:
c. that streets and drives within the
property described above shall be hard-
surfaced and maintained in a dvst-free
196
7, 1979, and which is inc¡y¡porated
herein by reference.
Section 2. That the Task Force shall
be comprised of a membership of ewven
as designated in SeM Outline and the
Dubuque Oity Council is hereby author-
ized and directed to appoint the three
citizen members.
Section 3. That the Task Force shall
hold an orginizatWnal meeting on a date
sewcted by the Mayor of the Oity of
Dubuque.
Section 4. That the Task Force sholl,
at its first meeting, ewct a chairperson,
vice chairperson aad secretary with SeM
officers performing such duties as nor-
rrwlly associated with eoch such office.
Section 5. That all meetings of the
TaskForce shall be held in cunjorrrwnce
with the Iowa Open Meetings Law and
copies of all minutes of all meetings
shall be fiwd with the Dubuque Oity
Cmmcil within ten working days after
eoch such meeting.
Section 6. That the Task Force may
adJJpt such rules and regvIations to
govern its own procedures as it may
deem necessary and which are not in
crmf/ict with any rules and regulations
of the OityofDubuque.
Section 7. That the Task Force
sholl, within 120 days from the dote of
the adJJption of this resolution, ji/£ its
final rsport of its findings and recom-
mendations with the Dulmque Oity
Cmmci.
Passed, approved and adopted this
21st day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Farrell, King, Tully.
Nays-Co\U1cil Member Brady.
Petition of Ready Mix Concrete Co. of
Dubuque requesting annexation of Lot 2
of 2 of 1 of Clio Que Inc. Addition,
presented and read.
Co\U1cil Member Tully moved that the
petition be received and med.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Br&ly, Farrell, King, Tully.
Nays-None.
Special Session, May 21, 1979
197
condition.
Section 2. That the premises herein
annexed shall became part of the
Mneteenth voting precinct in the Oity
of Dubuque, 10""'-
Passed, adopted and approved this
21st day of May, 1979.
Richard Wertzberger.
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
LeoF. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 120-79
We, the undersigned, Ready Mix
Concrete Compauy of Dubuque, au
Iowa Corporation, having re&l the
terms and conditions of the ing
Resolution No. 120-79 .
familiar with the conditions ,
hereby accept the same and agree to
perform the conditions required there-
in.
Dated at Dubuque, Iowa, this 28th
day of May, A.D., 1979.
READY MIX CONCRETE
COMPANY OF DUBUQUE
BY: Charles J. Spalrn
President
BY: Robert Oppenheimer
Secretary
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King. Tully.
Nays-None.
Communication of Walter A. Pregler
suggesting the renaming of Orchard St.
due to duplication of names, presented
and read.
Co\U1cil Member Farrell moved that
the comm\U1ication be received and filed
and referred to the Engineering De-
partment. Seconded by Mayor Wertz-
berger. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Br&ly, Farrell, King, Tully.
Nays-None.
Petition of Clarence Wiederhold et al
(11 signers) requesting a street light at
2616 University Avenue. presented and
read.
Co\U1cil Member Tully moved that the
petition be referred to the City Maua-
ger and Electrical Inspector. Seconded
by Co\U1cil Member King. Carried hy
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of the Colts Drum & Bugle
Corps requesting financial assistance
from the City, presented and read.
Co\U1cil Member Tully moved that the
petition be tabled to the Co\U1cil Meet-
ing of J\U1e 4, 1979. Seconded by
Co\U1cil Member Farrell. Carried hy
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Richard C. Henschel re-
questing two street lights on Mela
Drive in Timber Ridge Suh., presented
and re&l.
Co\U1cil Member Tully moved that the
petition be approved as requested by
the City Mauager. Seconded hy Co\U1cil
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Dominic Goodmau reques-
tiog a curb cut and no parking zone at
2190 Stafford Avenue, presented and
read.
Co\U1cil Member Farrell moved that
the petition be referred to the City
Mauager, Engineering Department and
Traffic Committee for investigation and
report. Seconded by Council Member
Truly. Carried by the following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Richard Stickler and
Randy Roussel requesting vacation of
area between Lot 50 and Lot 51 in
Union Addn. to be divided equally as
abutters, presented and read.
Co\U1cil Member Tully moved that the
petition be referred to the City Maua-
ger for investigation and report.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Atty. Sprengelmeyer re-
questing reimbursement to Mr. and
Mrs. Daniel Atchison for Jausen Street
sewer connections, presented and re&l.
Co\U1cil Member Tully moved that the
petition be referred to the City Maua-
ger for investigation and report.
Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeas-mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None. .
Proof of Publication, certified to by
the Publisher, of Notice of Hearing to
reconsider vote on the application of
H.R.W. Associates for approval of
Preliminary Development Plan. pre-
198
Special Session, May 21, 1979
sented and read.
Co\U1cil Member Tully moved that the
proof of publication be received and
filed. Seconded hy Council Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Memhers Brady, Farrell, King, Tully.
Nays-None.
Attorney Robert Bertsch, represent-
ing H.R.W. Associates, spoke to the
issue, stating tbey had assumed Traffic
was primary diffiClÙty; J.F.K. Rd. is
now being widened; Traffic in and out of
the area has been resolved: Curb cut
wolÙd be between Kennedy Road and
Hillcrest Road.
Attorney John Cody, on behalf of the
West End Neighborhood Assn" ad-
dressed the Co\U1cil being of the opinion
that development is not in interest of
public welfare: People have no opposi-
tion to develop the property; C-6 zoning
will not encourage any more jobs or
spending: Request the Co\U1cil to con-
sider best interest of community as a
whole.
Eleauor Rafoth stated the developers
have done everything as requested:
Felt C-3 zoning will make just as much
traffic: Of opinion they are being
discriminated against mainly because of
transportation.
Co\U1cil Member Tully moved that the
matter of rezoning and site pIau be
referred back to the Planning & Zoning
Commission for recousideration. Se-
conded by Council Member King. Car-
ried by the following vote:
Yeas-Mayor Wertzberger, Council
Members King, Tully.
Nays-Council Members Brady, Far-
reil.
Co\U1cil Member Brady moved to
adopt the Council to reconsider its vote
on the application of H.R.W. Associates
for approval of preliminary develop-
ment plan and reclassification of proper-
ty located west of John F- Kennedy
Road, south of Hillcrest Road, east of
Keyway Drive and north and west of
Kennedy Circle from C-3 Arterial Busi-
ness District to C-6 Plauned Commer-
cial District, also review Site Plau.
Seconded by Co\U1cil Member Farrell.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas-Co\U1cil Members Brady, Far-
rell.
Nays-Mayor Wertzberger, Co\U1cil
Members King, Tully.
MOTION FAILED.
COUNCIL RECESSED AT 9:35 P.M.
RECONVENED AT 9:48 P.M.
Communication of Atty. Naughton, in
behalf of Michael F. Kronfeldt, relative
to a building at corner of 17th & Iowa
St" which it is proposed to establish a
beauty salon which would not currently
be allowed in au office-residential dis-
trict (proposed Ordinauce tahled at
5-7-79 meeting), presented and read.
Atty. Naughton spoke to the com-
m\U1ication and requested that a public
hearing be held. Co\U1cil Member Truly
moved that the communication be re-
ceived and filed. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger, Co\U1cll
Members Brady, Farrell, King, Tully.
Nays-None.
Co\U1cil Member Brady further moved
that a Work Session be had with the
llistoric Preservation Commission and
that Co\U1cil Member Farrell put in
writing to Mr. Krivitsky for questions
to be answered that are pertinent to
zoning in Ristoric Preservation Dis-
tricts. Seconded by Co\U1cll Member
Truly. Carried by the following vote:
Yeas-Co\U1cil Members Brady, Far-
rell, King, Tully.
Nays-Mayor Wertzberger.
Communication of City Mauager re-
commending Co\U1cil invoke the provi-
sions of Demolition Ordinauce Sec.
10-17 thru 10-21 and order owner on Lot
1 Sublot 22 and 23 of Kelly's Sub. be
required to clean up premises, present-
ed and read.
Council Member Tully moved the
recommendation be approved and
Notice published. Seconded by Co\U1cil
Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Comm\U1ication of Recreation Com-
mission submitting wording for a pro-
posed Ordinauce relative to closed
hours to the public and use of bicycles
etc. in the Falk Playgound in response
to residents of the area, presented and
read.
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 27-79
An Ordinance of the City of Dubuque,
Iowa providing that the Code of Ordi-
nance, City of Dubuque, Iowa be
amended by enacting a new Section
27-96 providing for the closing hours of
Folk Playground and enacting a new
Section 27-97 prohibiting the use of
certain motor vehicles in Falk Play-
gro\U1d; presented and re&J.
Special Session, May 21,1979
,
Co\U1cil Member Tlùly moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Co\U1cil Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Br&Jy, Farrell. King, Tully.
Nays-None.
Co\U1cil Memher Tully moved that the
rille requiring au Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Co\U1cil Memher King. Carried hy the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 27-79
An Ordinance of the City of .Dubuque,
Iowa providing that the Code of Ordi-
nance, City of Dubuque, Iowa be
amended by enacting a new Section
27-96 providing for the closing hours of
Folk Playground and enacting a new
Section 27-97 prohibiting the use of
certain motor vehicles in Falk Play-
gro\U1d.
NOR THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thot the Code of Ordi-
rumces of the Oity of Dubnque, Iowa be
and the same is hereby amended by
enacting a new Section 27-96 thereof to
readasfollows:
"Sec. 27-96.
Falk PÚLygriYUnd shall be closed to
the public during the hours of 10:00
o'clock p.m. to 7:00 o'cwck a.m.,
throughout the year. "
Section 2. That the Code óf Ordi-
rumces of the Oity of Dubuque, Iowa be
and the same is bereby amended by
enacting a new Section 27-97 thereof to
read as follows:
Sec. 27-97.
Bicycles, motorcycles, motor
soooters, go-carts, cars, trncks and
other motor driven vehicles shall not
be permitted 10 Folk Playground,
other than those vehicles engaged 10
authorized park maintenance and
security."
Passed.. approved and adopted this
21st day of May. 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D- Michael King
James E. Br&Jy
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
199
Published officially in the Telegraph
Herald Newspaper this 25th day of
May, 1979.
Leo F. Frommelt
City Clerk
It 5/25
Council Member Tully moved final
adoption of the Ordinance. Seconded hy
Co\U1cil Member King. Carried hy the
following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Memhers Brady, Farrell, King, Tully.
Nays-None.
Comm\U1ication of David H. Wick
requesting permission to construct a
fence on the Becker Court and Chaney
Ro&J right of way, presented and read.
Attorney Paul Fitzsimmons spoke to
the request &Jvising the installation of
the fence was to protect his client's
children.
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger. Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Mauager sub-
mitting plans and specs. for construc-
tion and expansion of the Carnegie
Stout Lihrary. presented and read.
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady. Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 121-79
BE IT RESOLVED by the City
Co\U1cil of the City of Dubuque, Iowa,
that the proposed plans, specificatious.
from of contract, etc., for the Construc-
tion of Expausion Facilities-Carnegie
Stout Library in the estimated amO\U1t
of $3,180,000., presented and read.
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Memhers Br&Jy, Farrell, King, Tully.
Nays-None.
NECESSITY FOR IMPROVEMENT
RESOLUTION NO. 122-79
WHEREAS, proposed plans, specifi-
cations, and form of coutract have been
duly prepared and approved hy the City
Co\U1cil of the City of Dubuque, Iowa,
and are now on me in the office of the
City Clerk showing among other thing
the following:
(1) The plan of such improvement
Special Session, May 21,1979
201
Special Session, May 21,1979
200
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Br&Jy, Farrell. King, Tully.
Nays-None.
Co\U1cil Member Brady moved that
the rille requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Co\U1cil Member Brady moved that a
public hearing be held on the Ordinauce
on June 18, 1979 at 7:30 o'clock P.M; in
the Co\U1cil Chamber at the City Hall
and that the City Clerk be instructed to
publish notice of the hearing in the
manner required by law. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
recommending approval of Preliminary
Development PIau for HOMZ Partners
Sheridan Village on property located
north of Hogrefe St. and west of
Sheridan Road, presented and read.
Co\U1cil Member Br&Jy moved that
the comm\U1ication he received and
med. Seconded by Co\U1cil Member
Farrell. Carried hy the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Br&Jy, 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
Ordinauce and Zoning Map of the City
of Dubuque, Iowa", which amendment
shall establish a Plauned Unit Develop-
ment Designation on property lying
north of Hogrefe Street west of Sheri-
dan Ro&J in the City of Duhuque, Iowa,
presented and read.
Co\U1cil Member Brady moved that
the reSIfingjust had be considered the
first reading of the Ordinauce. Se-
conded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Br&Jy, Farrell, King, Tully.
Nays-None.
Co\U1cil Member Brady moved that
the rille requiring au Ordinauce to be
received and med at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Co\U1cil Memher Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Co\U1cil Member Brady moved that
a public hearing be held on the Ordi-
nauce on June 18, 1979 at 7:30 o'clock
P.M. in the Co\U1cil Chamber at the City
Hall and that the City Clerk be
instructed to publish notice of the
hearing in the manner required hy law.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Comm\U1ication of Plauning & Zoning
Commission recommending approval of
zoning reclassifying for property at 2084
Grace Street from ID to R-2 Classifica-
tion as requested by Thomas P. & Mary
V. Schwartz, presented and read.
Co\U1cil Member Brady moved that
the comm\U1ication be received and
filed. Seconded hy Co\U1cil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
AN ORDINANCE of the City of
Dubuque, Iowa, providing that the
Code of Ordinances, City of Duhuque,
Iowa, be amended hy revising Appendix
A thereof, also known as the "Zoning
Ordinauce and Zoning Map of the City
of Dubuque, Iowa", by reclassüying
property at 2084 Grace Street described
as Lot 5 of Hautelmau's Subdivision and
Lot 2 of Lot 2 of Lot 1 of Lot 6 of
Hantelmau's Subdivision in the City of
Dubuque, Iowa, from ID Institutional
District Classification to R-2 Residential
District Classification, presented and
read.
Co\U1cil Member Brady moved that
the reSIfing just h&J be considered the
first re&Jing of the Ordinance.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Co\U1cil Member Brady moved that
the rille requiring au Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Co\U1cil Member Farrell- Carried hy
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Co\U1cil Member Brady moved that a
public hearing be held on the Ordinance
on J\U1e 18, 1979 at 7:30 o'clock P.M. in
the Co\U1cil Chamber at the City Hall
and that the City Clerk be instructed to
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 be and he is hereby
directed to have published the notice of
pendency 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.
Passed, adopted and approved this
21st day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
(2) An estimate of the cost of the
improvement for the construction of the
Carnegie-Stout Library expansion facili-
ties.
BE IT THEREFORE RESOLVED
that the City Co\U1cil 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 amo\U1t of the cost of
the improvement, they shall be deemed
to have waived sll objections thereto.
Said improvement shsll be construc-
ted and done in accordance with the
plans and specifications which have
been approved by the City Co\U1cil and
are now on file with the City Clerk.
That the cost and expense of making
said improvement shall be paid out of
the General Bond Issue.
The above resolution was introduced,
approved and ordered placed on filed
with the City Clerk this 21st day of
May, 1979.
Approved and placed on file for final'
action.
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
Commission recommending approval of
Preliminary Development Plan and
PUD Designation for Oak Brook Sub.
located east of Kennedy Road and south
of Eisenhower School as requested by
Aric LId.. presented and read.
Council Member Brady moved that
the communication be received and
filed. Seconded by Co\U1cil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
AN ORDINANCE of the City of
Dubuque, Iowa, providing that the
Code of Ordinauces, City of Dubuque.
Iowa, be amended hy revising Appendix
A thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", which amendment
shall establish a Planned Unit Develop-
ment Designation on property described
as "Lot 1 of the Subdivision of Lot 1 of
Lot 1 of Block A in 'Highlaud Farm' in
the City of Dubuque, Iowa" lying in au
R-5 Residential District east of John F.
Kennedy Road and south of Eisenhower
Schoolin the City of Dubuque, Iowa,
presented and read.
Co\U1cil Memher Brady moved that
the reSIfing just had be considered the
first reading of the Ordinance.
APPROVED:
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
LeoF. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
(FIXING DATE OF HEARING)
RESOLUTION NO. 123-79
WHEREAS, the City Co\U1cil of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the
office of the City Clerk for public
inspection for the construction of the
Carnegie-Stout Library expansion facili-
ties.
BE IT THEREFORE RESOLVED
that on the 4th day of J\U1e, 1979. a
public hearing will be at 7:30 p.m. in the
Co\U1cil Chamber of the City of Duhu-
que at which time the ohjectors for the
proposed improvement may appear and
make objection to the proposed plans
and specifications, form of contract and
204
Special Session, May 21, 1979
(a) That Bwck 2 of "D<rminic Pin"."
cannot be develnped except as it
-mode part of a conforming zoning
Int which has public street front-
age.
Section 2. That in the event that
the ownsr foils to execute the Accept-
ance provúkd for in Section 1 herein
within forty-five (45) days after the date
of this Resolution, the provisions herein
shall be nun and void and the approval
of the plat shall not be effective.
Passed, adopted and approved this
21st day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
PLAT OF "WOLFF PLACE IN
NORTH RANGE INDUSTRIAL
PARK", IN DUBUQUE TOWNSillP,
DUBUQUE COUNTY. IOWA.
WHEREAS, there has been filed with
the City Clerk of the City of Dubuque,
Iowa, a Plat of the Subdivision to be
known as "Wolff Place in North Hauge
Industrial Park" in Dubuque Township,
Dubuque Co\U1ty, Iowa, by the owners:
WHEREAS, upon said Plat appears
the street to be known as Wolff Road
together with certain public utility
easments which the Owners have dedi-
cated to the public forever; and
WHEREAS, the property comprising
"Wolff Place in North Hauge Industrial
Park" is located within Dubuque
Co\U1ty. Iowa, and not within the
corporate limits of said City, and the
pursuant to the provisions of Chapter
409.14 of the Code of 10wa said Plat
must be approved by the City Co\U1cil
and the City Planning and Zoning
Commission; and
WHEREAS, said Plat has been ex-
amined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon: and
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 125-79
We, the \U1dersigned Richard C.
Henschel and Mildred L. Henschel
owners and proprietors of the property
contained within the plat of Block 1 and
mock 2 of "Dominic Place" in Section 2,
Table Mound Township, Dubuque
Co\U1ty, Iowa, having read the terms
and conditions of the foregoing Resolu-
tion No. 125-79, and being familiar with
the condition thereof, hereby accept the
same and agree to the condition re-
quired therein.
Dated at Dubuque, Iowa, this 23rd
day of May, 1979.
Richard C. Henschel
Mildred L. Henschel I
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Memhers Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
recommending approval of final plat of
Wolff Place in Northridge Industrial
Park on Radford Road in Dubuque
Co\U1ty, (Larry Wolff), presented and
read.
Co\U1cil Member Farrell moved that
the communication he received and
filed. Seconded by Co\U1cil Member
Truly. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 126-79
RESOLUTION APPROVING THE
WHEREAS, said Plat has been ex-
amined by the City Council and they
find that the same conforms to statutes
and ordinances relating thereto, except
that the streets have not been brought
to grade, or paving, sewer or water
installed:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Plni of "Wolff
Place in North Range Industrial Park"
in Dubuque Township, Dubuque, Iowa
be and the same is hereby approved and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
opproval of the Oity of Dubuque, Iowa,
'Upon said Plni, provided that the
Owners of said property herein named
shall execute their written acceptance
hereto attached, agreeing:
(a) That upon annexation of said sub-
division. either voluntarily or in-
vol'Untarily, to the Oity of [)ub-u-
que, the Wolff Road aad all ease-
ments for public 'Utilities shall
thereupon become public property
and by acceptance of this Rosoln-
tion the Owners do hereby cove-
nant and agree that Wolff Road
and all easements for public utili-
Special Session, May 21, 1979
205
ties shall become public property
upon the annexation of said sub-
division to the Oity of Dubuque,
10""'-'
( b) To reduce all streets to grade and
to construct concrete curb and gut-
ter aad to hard s'Urface WoW Road
with bituminons concrete, or with
concrete paving with integral curb,
all in accordance with the improve-
ment plans approved by the Oity
Engineer and in accordance with
the Oity of Dubuque standard
specifications;
1 c) To install sanitary sewer moins and
sewer service lateroJ.s in accord-
ance with plans approved by the
Oity Engineer and in accordance
with the Oity of Dubuque standard
specificatlans:
( d) To install water mnins and water
service lnierUÚJ in accordance with
p/a:ns approved by the Oity
Engineer and in accordance with
the Oity of Dubuque standard
specifications:
( e ) To construct the foregoing im-
provements in accordance with
said p/a:ns, under the inspection of
the Oity Engineer, and in a manner
approved by the Oity Manager:
If) To mnintain the foregoing improve-
ments for a period of four 14)
years from the date of their ac-
ceptance by the Oity of Dubuque,
Iowa;
(g) To provúk the foregoing const1'l1£-
tion aad mointerumce at the sole
expense of the Duveloper and S'Ub-
divider, B & W Trucking Comp-
pony, as Owners:
(h) To const1'l1£t said improvements
prior to March 15, 1981; and
(i) That the Owners of Said sub-
division secure the perjOt'Yf1lNU:e of
the foregoing coruJitions by pro-
viding security in such form and
with such sureties as may be ac-
ceptable to the Oity Manager.
Section 2. That in the event that the
Owners of said subdivision shall fall to
execute the Acceptance and furnish the
security provided for in Section 1 hereof
within forty-five (>5) days after the
date of this Resolution, the provisions
hereof shall be null and void and the
approval of the Plni shall not be
effective-
Passed, &Jopted and approved this
21st day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady'
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 126-79
We, the \U1dersigned B & W Trucking
Compauy, and Roger F. Hauselmaun
and Suzanne C. Hauselmaun, husband
and wüe, the fee owners of the property
contained within the plat of the sub-
division to be known as "Wolff Place in
North Hauge Industrial Park" in Dubu-
que Township, Dubuque Co\U1ty, Iowa,
having read the terms and conditious of
the foregoing Resolution No. 126-79 and
being familiar with the conditions there-
of. hereby accept the same and agree to
perform the conditions required there-
in.
Dated at Dubuque, Iowa, this 22nd
day of J\U1e, 1979.
B & W Trucking
By: Larry J. Wolff, President
By: Robert Wolff, Secretary
By: Roger F. Hanselmaun
Suzanne C. Hanselmaun
Co\U1cil Member Farrell moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Comm\U1ication of City Mauager suh-
nñtting specifications for widening of
J.F.K. Road from Pennsylvania Ave.
to Asbury Rd., presented and read.
Co\U1cil Member Farrell moved that
the comm\U1ication be received and
filed- Seconded by Co\U1cil Member
Truly. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 127-79
BE IT RESOLVED by the City
Co\U1cil of the City of Dubuque, Iowa,
that the proposed plans, specüications,
form of contract, etc., for the Con-
struction of J.F.K. Road from Pennsyl-
vania Ave. to Asbury Rd- in the
estimated amount of $1,277,666.37, be
approved, presented and read.
Co\U1cil Member Farrell moved ap-
proval of the Resolution. Seconded hy
Co\U1cil Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays~None.
(Necessity for Improvement)
RESOLUTION NO. 128-79
WHEREAS, proposed plans, specifi-
206
Special Session, May 21,1979
cations, and form of contract have been
duly prepared and approved by tbe City
Co\U1cil of the City of Dubuque, Iowa,
and are now on file in the office of the
City Clerk showing among other things
the following:
(1) The pIau of such improvement
(2) An estimate of the cost of the im-
provement for the construction of
John F. Kennedy Road
BE IT THEREFORE RESOLVED
that the City Co\U1cil on its own motion,
deems it advisable and necessary for
the public welfare to make the herein
mentioned improvement, and uuless
property owners at the time of the final
consideration of this proposed resolu-
tion have on me with the City Clerk,
objections to the amO\U1t of the cost of
the improvement, they shall be 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 Co\U1cil and
are now of file with the City Clerk.
That the cost and expense of making
said improvement will be paid by
Federal Aid to Urhan Systems and
Ro&J Use Tax Funds.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 21st day of May
1979.
Approved and placed on file for final
action.
APPROVED:
Richard Wertzberger
Mayor
Thomas A. Tully, Jr-
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Farrell moved ap-
proval of the Resolution. Seconded by
Co\U1cil Member Tully. Carried hy the
following vote:
Yeas-M11yor Wertzherger, Co\U1cil
Members Brady. Farrell. King, Tully.
Nays-None.
(Fixing Date of Hearing )
RESOLUTION NO. 129-79
WHEREAS, the City Co\U1cil of the
City of Dubuque, Iowa, has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the
office of the City Clerk for public
inspection for the construction of John
F. Kennedy Ro&J.
BE IT THEREFORE RESOLVED
that on the 4th day of J\U1e 1979, a
public hearing will be at 7:30 p.m. in the
Co\U1cil Chamber of the City of Dubu-
que at which time the objections for tbe
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
bearing to be published in some news-
paper published in the City of Duhuque,
Iowa whicb sball be not less than four
days nor more than twenty days prior
to the day fixed for its consideration,
and the City Clerk be and be is hereby
directed to have published the notice of
pendency 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.
Passed, adopted and approved this
21st day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D- Micbael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Farrell moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Tully. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King. Tully.
Nays-None.
Mayor Wertzberger moved tbe ap-
pointment of William Delauey to tbe
Plauning & Zoning CoW1nission for a 5
year term expiring 5-24-84. Seconded
by Co\U1cil Member Tully. Carried by
the following vote:
Yeas-Mayor Wertzhel'ger. Council
Members Brady, King, Tully.
Nays-Co\U1ell Member Farrell.
Co\U1cil Member Farrell moved the
appointment of Jeau Hartness to tbe
Planning & Zoning Commission for a 5
year term expiring 5-24-84. Motion
died for lack ofa second.
Co\U1cil Member Brady moved the
appointment of Arnold Honkamp to the
Plauning & Zoning CoW1nission for a 5
year term expiring 5-25-84. Seconded
by Co\U1cil Member King. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady. King. Tully.
Nays-Council Member Farrell.
Co\U1cil Member Br&Jy movedtbe
appointment of Helen V{)rwald to the
Special Session, May 21, 1979
207
Housing Rehabilitation CoW1nission (re-
presenting Neighborhood) for au \U1-
expired 3 year term expiring 10-6-80.
Seconded by Co\U1cil Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger. Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
May 16, 1979
Honorable Mayor and
Members of City Council:
We believe that you are fully aware
of the flooding problems associated with
the clÙvert installation on Aerostar
Drive in the Peru Road drainage ditcb.
This culvert installation and road im-
provement was made in early 1978 as
part of the subdivision development of
Terrace Estates. The Terrace Estates
Subdivision is being developed by
Wayne and Tom Mauternacb.
Prior to the approval of the final plat
by the City Co\U1cil in late 1977. au
agreement was signed with the
developer and the City that the devel-
oper wolÙd pay for the cost of a clÙvert
of a 6' diameter. As a part of this
agreement, it was stipulated that ü a
culvert in excess of 6' in diameter was
necessary, the City would pay for the
additional material cost. The City also
agreed to reimburse the developer for
construction costs associated with the
road in excess of a 31' width. Aerostar
Drive is designed to be a 37' street.
Shortly afier the installation of the
culvert and the temporary construction
of the road, extremely high rainfalls
occurred in the area. As a result of
these heavy rains, flooding did occur in
the area immèdiately above Aerostar
Drive. As a reslÙt of this flooding,
numerous claims were filed citing the
\U1dersized culvert and the road as the
cause of the flooding.
After innumerable meetings of our
engineers. the subdivider's engineers
and the subdividers, it has been con-
cluded that a larger sized culvert is
needed to accommodate the drainage of
the Peru Road drainage ditch under
Aerostar Drive. The proposal now is
for the construction of a 7' x 16'
structural plate arch clÙvert. Although
the larger clÙvert will not guarantee
complete immunity from flooding, it
should give protection to the area under
the majority of rainfall conditions. The
estimated cost of the removal of the
existing 6' clÙvert and the installation
of a 7' x 16' clÙvert is between $25.000
and $30,000.
In order to resolve the prohlems with
flooding in the area and hopefully to
eliminate future claims relative to the
flooding, we are asking for Co\U1cil
authorIzation to expend $15,000, which
would essentially cover the cost of the
materlai for the larger sized pipe. As
part of the agreement with Mauter-
nachs, we would also propose rem\U1-
erating them $8,800 for our share of the
extra width ro&J from 31' to 37'.
We wolÙd then ask your authorIzation
to proceed with the expenditure of
these f\U1ds in order to resolve the
problema associated with the current
situation and hopefully minimize future
incidents relative to drainage in the
area.
Fraucis A. Murray
Public Works Director
Co\U1cil Member Tully moved that the
communication be received and filed
and expenditure be granted. Seconded
hy Co\U1cil Member Brady. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cll
Memhers Brady, Farrell, Truly.
Nays-None.
Abstain-Co\U1cil Member King.
RESOLUTION NO. 130-79
BE IT RESOLVED, By the City
Co\U1cil of the City of Dubuque, Iowa,
that the following having complied with
the provisions of law relating to the sale
of Cigarettes within the City of Duhu-
que, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City.
Thelma T. Lehman 1401 Elm St.
Kathleen M. Walsh 2093 Wash. St.
PASSED, ADOPTED AND AP-
PROVED TillS 21st DAY OF MAY
1979.
Richard Wertzberger
Mayor
ThomasA. Tully, Jr.
D. Michael King
James E. Br&Jy
Carolyn Farrell
Co\U1cil Members
ATTEST:
LeoF. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Memher King. Carried by the
following vote:
Yeas-Mayor Wertzherger, Co\U1cil
Memhers Br&Jy, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 131-79
WHEREAS, Appilcations for Beer
Permits have been submitted and flied
to this Co\U1cil for approval and the
same have been examined and approv-
ed; and
Special Session, May 21,1979
209
Special Session, May 21,1979
208
Co\U1cil Member Tully moved that the
minutes be received and filed. Se-
conded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
May3,l979
Honorable Mayor & City Council:
On Novemher 29, 1978, Dorothy E.
Buettell of 1005 Lincoln Avenue filed
claim against the City of Dubuque, Iowa
in the amount of $3,000.00, claiming
injuries allegedly suffered as the reslÙt
of a fall on Humbolt Street near
Bethany Home and claiming a defective
condition thereat.
Said claim was referred to the City
Legal Department for investigation and
review. Following negotiations with
claimant's attorney, an offer of settle-
ment has been made in the amO\U1t of
$660.00
It is the recommendation of this
writer that said offer of settlement be
accepted and that the City Auditor be
instructed to draw warrant payable to
Dorothy E. Buettell in the amount of
$000.00 and transmit same to the
Corporation Co\U1sel for transmittal to
claimant upon receipt of dilly executed
release.
Original claim is returned herewith.
LEGAL DEPARTMENT
By
R.N. Rusao
Corporation Counsel
Co\U1cil Member Tully moved that the
communication be received and fIled
and recommendation of settlement ap-
proved and City Auditor directed to
issue proper warrant. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Memhers Brady, Farrell, King, Tully.
Nays-None.
NOTICES OF CLAIMS--Aiau E.
Brockhohn, in the amount of $541.36
for motor cycle damage incurred as the
reslÙt of driving over a rise in the
pavement in front of Roberts Res-
tauraut on 4-3-79: Sheila Sharkey, in
the amO\U1t of $45.22, for car damage
incurred as the result of driving into a
depression of a storm sewer at 15 S.
Main St. on 5-5-79, David Allen Beyer,
in au approx. amount of $100., for car
damage incurred as the result of driving
into a hole in the pavement near the toll
booth at Eagle Point Bridge on 5-13-79, !
Tom Grace Jroo in the amO\U1t of $10., i
for expense incurred for having car
towed out a depression in Avon St. on
4-18-79, Notice of Suit of Mechanical
Systems Inc. in the sums of $336,444.68
and $8,584.32, $55,975.26 and $112,000.:
William R. Hallahau Sr. in au \U1deter-
mined amount, for expense incurred as
the reslÙt of a backed-up sanitary sewer
at 2105 Rhomberg Ave. on 5-9-79,
presented and re&J.
Co\U1cil Memher Tully moved that the
Notices of Claims be referred to the
Corporation Co\U1sel for investigation
and report. Seconded by Co\U1cil
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Retired Senior
Citizens extending thanks for helping
make their trip to Washington possible
for the Flora Duras, presented and
read.
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzherger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
May 7, 1979
To the Honorable Mayor and
Memhers of the City Co\U1cil.
In accordance with the provisions of
Chapter 400 of the 1977 Code of Iowa,
the Civil Service Commission conducted
written exams for Bus Operators, for
the Transit Department on September
7,1978.
On September 8, 1979 we certified
the first list of ten applicants to be
considered for appointment. Evidently
the fll'st list has now been exhausted
and we herehy suhmit the names of the
eligible applicants to constitute a second
list as fol!ows:
Ernzen, PatriciaA. 80%
Ryau, Michael P. 80 %
BaIley, Kenneth P. 76 %
Hayes, Richard A. 76 %
Lammer, BenedictB. 74%
Hayward, Karla K. 70 %
Richard Zimmer
Chairman
John E. Hess
Frieda Luther
Civil Service Commission
ATTEST:
Leo F. Frommelt
CIerk
Subscribed and sworn to before me
this 18th day of May 1979.
Joleen A. Bechen
Notary Public
Co\U1cil Member Tully moved that the
oommunication be received and be made
a Matter of Record. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Jerry Tomer, J- & RC. Inc.
431 Rhomberg Ave.
Katlùeen M. Walsh 2093 Wash. St.
Thelma T. Lehmau 1401 Elm St.
Nàshville North, Inc. 2417 Rhomberg
(Aiao SW1day Sales)
Passed, adopted and approved this
21st day of May 1979-
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
WHEREAS, The premises to be
occupied by such applicants were in-
specied and fo\U1d to comply with the
Ordinauces of this City and have filed
proper bonds:
NOW THEREFORE BE IT RE-
SOLVED, By the City Co\U1cil of the
City of Dubuque, Iowa, that the Mauag-
er be authorized to cause to be issued to
the fol!owing named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
Earl Tegeler 620 S. Graudview Ave.
(Aiao Sunday Sales)
Earl Tegeler 2850 Burlington St.
(Aiao S\U1day Sales)
Walgreen Co. 555J.F.Kennedy
(Aiao S\U1day Sales)
Passed, adopted and approved this
21st day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrel!
Co\U1cil Members
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Reaolution. Seconded by
Co\U1cil Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Comm\U1ication of Ass't Zoning
Admr. notüying of the issuance of the
following conditional use permits: Mid-
West Development for off-street park-
ing lot (corner of JFK & Pennsylvania),
Rose Connolly for pre-school at 500
English Laue, Edward Zaccaro for
Handicrafi Shop at 472 W. 4th St.,
Rainbo Tire for off-premise sign at 1610
Asbury Rd. and Jeff Hawks for tempor-
ary miniature gnlf course at 1740 J.F.K.
Rdoo presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cll Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Comm\U1ication of Ass't Zoning Admnr.
advising of an application for a demoli-
tion permit by Interstate Power Co. at
1129-31 Iowa St. (Historic Preservation
Adviaory Board approving issuance of
permit attached), presented and read.
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King. Tully.
Nays-None.
MINUTES SUBMITTED--Park
Board of 5-10-79, Airport Commission of
5-10-79, Housing Rehah. Comm of 4-24-
79, Plumbing Board of 5-3-79, Electrical
Examing Board of 3-13 & 5-8-79. HVAR
Board of 5-8, Playgro\U1d & Recreation
Commission of 4-9-79, Trausit Board of
4-12-79, Dock Commission of 4-19-79
and Five Flags Center Commission of
5-15-79, presented and read-
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Reaolution. Seconded by
Co\U1cil Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 132-79,
WHEREAS, Applications for Liquor
Licenses have been subuùtted to tlùs
Co\U1cil for approval and the same have
been examined and approved: and
WHEREAS, The premises to be
occupied by such applicants were in-
specied and fo\U1d to comply with the
State Law and all City Ordinances
relevant thereto and they have med
proper bonds:
NOW THEREFORE BE IT RE-
SOLVED, By the City Co\U1cil of the
City of Dubuque, Iowa, that the Maua-
ger be authorized to cause to be issued
to the following named applicants a
Liquor License.
CLASS "A" (CLUB) BEER &
LIQUOR LICENSE
Duhuque Golf & Co\U1try Club
Randall Place
(Aiso S\U1day Sales)
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
210
Special Session, May 21,1979
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
May 16, 1979
Honorable Mayor and Members
of tbe City Co\U1cil
In accordance with the provisions of
Chapter 400 of the 1977 Code of Iowa,
the Civil Service Comnússion conducted
written examinations for tbe position of
HOUSING INSPECTOR 1 on May 3,
1979.
The following applicants are bereby
certified for appointment as follows:
Smyth,RonaldJ. 83%
Kean, Nicbolas C. 78 %
Firzlaff, Richard G. 76 %
Tippe, Frederick 72 %
Firzlaff, Thomas E. 71 %
Kline, CraigJ. Sr. 70%
Richard Zimmer
Chairman
John E. Hess
Frieda Luther
Civil Service Comnússion
ATTEST:
Leo F. Frommelt
Clerk
Subscribed and sworn to before me
tbis 18th day of May 1979.
Joleen A. Bechen
Notary Public
Co\U1cil Memher Tully moved that the
communication be received and be made
a Matter of Record. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzherger, Council
Members Brady. Farrell, King, Tully.
Nays-None.
May 16, 1979
Honorable Mayor and Members
of tbe City Co\U1cil.
In accordance witb the provisions of
Chapter 400 of the 1977 Code of Iowa,
the Civll Service Commission conducted
written examinations for the position of
AUTOMOTIVE MECHANIC on
1979.
following named applicants are
hereby certified for appointment as
follows:
Curtis, Jeffrey 78%
Sehumacher,PeterF. 78%
Mootz, Robert F. 76 %
Ricbard Zimmer
Cbairman
John E. Hess
Frieda Luther
Civil Service Comnússion
ATTEST:
Leo F. Rommelt
Clerk
Snbscribed and sworn to before me
this 18tb day of May, 1979.
Joleen A. Bechen
Notary Public
Co\U1cil Member Tully moved that the
communication be received and be made
a Matter of Record. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady. Farrell, King, Tully.
Nays-None.
May 16, 1979
To the Honorable Mayor and
Members of the City Council.
In accordance with the provision of
Chapter 400 of tbe 1977 Code of Iowa,
tbe Civil Service Comnússion conducted
written examinations for the position of
PLUMBING INSPECTOR 1, on May 3,
1979.
One applicant took the examination
and failed to reach a passing grade of
70%.
Richard Zimmer
John E. Hess
Frieda Luther
Civil Service Commission
ATTEST:
Leo F. Frommelt
Clerk
Subscribed and sworn to before me
this 18th day of may 1979.
Joleen A. Bechen
Notary Public
Co\U1cil Member Tully moved that the
communication he received and he made
a Matter of Record. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Memhers Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager sub-
mitting Peoples Natural Gas Division
1978 Annual Report. presented and
read.
Co\U1cil Member Tully moved that the
communication be received and med.
Seconded by Co\U1cil member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzherger, Council
Members Brady. Farrell. King, Tully.
Nays-None.
Communication of City Manager re-
commending installation of 5 lights on
Arbor Hills Drive and Olde Co\U1try
Laue, presented and read.
Co\U1cil Memher Tully moved that the
recommendation be approved. Second-
ed by Co\U1cil Member Farrell. Carried
by the following vote:
Yeas-Mayor Wertzberger. Co\U1cil
Memhers Brady, Farrell, King, Tully.
Nays-None.
211
Special Session, May 21,1979
Petition of Richard M- Richman re-
questing refund of $211.25 on \U1expired
portion of Beer & Liquor License
LClOO28, discontinued husiness on 4-21-
79, presented and read.
Co\U1cil Member Tully moved that the
refund be granted and City Auditor
directed to issue proper warrant.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Tom Luksetich spoke to the Co\U1cil
on Tax Free Industrial Bonds.
James T. MW1ro of Iowa C~W
Corporation, addressed the Council oh-
jecting to Ordinau!'6 Fee Schedule
attached to bonds: Of Impairment to a
company to come to City to sell bonds;
Advised no more than $2000 charged hy
any City: Requesting City to revaluate
fee schedule to give a more national
approach to the issues.
Co\U1cil Member Brady moved to
receive and file oral request of Mr.
Munro and refer to City Manager,
Corporate Counsel and City Co\U1cil.
Seconded by Co\U1cil Member Tully.
Carried by the following vote:
~as-Ma~ %rtw~&, Co\U1cil
Memhers Brady, Farrell, King, Tully.
Nays-None.
There being no further business,
Council Member Truly moved to ad-
journ. Seconded by Co\U1cil Member
Brady- Carried by the following vote:
Yeas-Mayor Wertzherger. Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Leo F. Frommelt
City Clerk
Approved
Adopted
1979
_1979
Council Members
ATTEST:
-
City Clerk
Special Session, May 22,1979
,
Yeas-Mayor Wertzbergr, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Leo F- Frommelt
City Clerk
212
CITY COUNCIL
1979
1979
City Clerk
-~- ~~- - ---~=-=
Special Session, May 30, 1979
213
CITY COUNCIL
OFFICIAL
Special Session, May 30, 1979-
Co\U1cil met at 4:30 P.M- (C.D. T.)
Present-Mayor Wertzberger, Co\U1-
cil Members Brady, Farrell, King.
Truly. City Manager Gilbert D. Chave-
nelle.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and this Meeting is called for
the purpose of ADOPTING A RESO-
LUTION APPROVING THE EXECU-
TION OF A PROMISSORY NOTE and
acting upon such other business as may
properly come before a Regular Meet-
ing of the Co\U1cil.
May 30, 1979
OFFICIAL
Special Session, May 22, 1979. I A ed
Co\U1cil Met at 7:30 p.m. (C.D.T.) pprov
Present: Mayor Wertzberger, Co\U1cil Ad pt d
Members Brady, Farrell, Truly. City 0 e
Mauager Gilbert D. Chavenelle.
Absent-Council Member King at roll
call.
Mayor Wertzberger read the call and 1-
stated that service thereof had been
dilly made and this Meeting is called for
the Purpose of Acting Upon Such
Business as May Properly Come Before
the Co\U1cil.
Mayor Wertzberger auno\U1ced it is ¡-c:()uncil Members
the intention of this meeting to further ATTEST'
select and review applications for the .
position of City Mauager.
Co\U1cil Member Brady moved to
reconsider appointments to the Boards
and Commission, more purticularly
Planning & Zoning Commission, at the
meeting of May 21, 1979. Seconded by
Co\U1cil Member Farrell. VOTE ON
THE MOTION WAS AS FOLLOWS:
Yeas-Co\U1cil Members Brady,
Farrell.
Nays-Mayor Wertzberger, Co\U1cil
Member Truly.
Ahsent-Co\U1cil Member King.
MOTION FAILED.
Co\U1cil Member Brady then request-
ed that his vote on Arnold Honkamp to
the Planning & Zomng Commission be
changed in the record to read "Nay"
rather than "Yea". The Chair recom-
mended his request be submitted to the
City Attorney for legality.
At 7:04 P.M. Co\U1cil Member Truly
moved to go into Executive Session to
further select and review applications
for the position of City Manager.
Seconded hy Co\U1cil Member Brady.
Carried hy the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Br&Jy, Farrell, Tully.
Nays-None.
Absent-Council Member King.
The City Council retired to the First
Floor Conference Room for the Execu-
tive Session.
Co\U1cil Member King entered the
conference room at 7:05 P.M.
Co\U1cil Reconvened in Regular Ses-
sion at 8:35 P.M.
Mayor Wertzberger announced the
selection of applicants for the position of
City manager has been cut to approxi-
mately ten.
There being no further business,
Co\U1cil Member Truly moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the following vote:
Honorahle Mayor and
Members of City Council.
With the addition of over 600 cus-
tomers in the annexation area, it is
necessary for us to procure au addition-
al refuse collection truck. Cost of a new
30 cubic yard unit is $47,510. Delivery
of this unit wolÙd be within five days.
SInce we will be initiating service in the
annexation area on June 5, this delivery
will be timely. Consequently, we are
requesting that the Co\U1cil give us
authority to proceed with the purchase
of this unit.
The unit we propose to purchase is a
20 cubic yard diesel powered vehicle
with automatic transmission, air brakes
and tandem axles. This \U1it will meet
the weight restrictions as has been
established by the state and is similar to
the \U1its recently purchased. In our
search for refuse units with quick I
delivery dates, we did have the choice
of selecting an alternate 20 cubic yard
packer with a gas engine. Although the
cost of this unit wolÙd be $17,000 less
than the diesel unit, this gas unit wolÙd
not meet our spocüications, being a
single axle which wolÙd not meet the
weight limitations as imposed by the
state.
An analysis of the initlai cost and the
operating and maintenance cost of the
two units wolÙd indicate that it is much
more practical for us to proceed with
the purchase of the diesel \U1it. Our
experience with diesel engines is that
fuel consumption is 50 percent less than
with a gasoline engine. This reduced
consumption results in a fuel savings of
$2,500 per year. Additionally, diesel
\U1its allow us to operate a full day
without refueling. The fact that they do
not have to refuel eliminates the
necessity of the crew returning to the
city garage for fuel resulting in loss of
production time. This savings in labor
cost we have estimated at $3,000 per
year. Consequently, the combined
savings on fuel and labor of $5,500 per
year or over a four year period of
$22,000 exceeds the difference in initial
cost between the two umts.
We wolÙd ask your authorization to
proceed with the purchase of the diesel
\U1it and wouid ask your adoption of the
resolution for the proposed method of
financing.
Fraucis A. Murray
Public Works Director
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 133-79
WHEREAS, the City Deveiopment
Board of the State of Iowa has approved
a bo\U1dary extension to the City of
Dubuque, Iowa, said extension of
boundaries to be effective J\U1e 1, 1979:
and
WHEREAS, in order to extend the
necessary refuse collection service to
said annexed area it is required that a
refuse packer be purchased for the sum
of $50,000.00: and
WHEREAS, the purchase of said
equipment is on au emergency status by
reason of the effective date of annexa-
tion; and
WHEREAS, it is necessary to secure
the funds for purchase of said packer by
the execution of a promissory note at
6'/"'10 per annum in the principal
amO\U1t of $50.000.00: and
WHEREAS, by reason of the
emergency. bidding procedures sholÙd
be waived.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
Section 1. That the execution of a
prmnissory note in the principal amount
of $50,OOO_0IJ with interest oJ 6'1f'l.
payable in four equal annual install-
ments to American Trust & Savings
Bo:nk of Dubnque, Iowa be and the same
is hereby approved, and that the Mayor
and Oity Clerk be aad they are hereby
authorized and directed to execute same
------
------
Special Session, May 30, 1979
Special Session, May 30, 1979
215
214
CITY OF DUBUQUE, IOWA BE
AMENDED BY REVISING SUBSEC-
TION 8 of SECTION 1» OF SECTION
25-220, AND BY ADDING NEW SUB-
SECTIONS 15,16,17,18,19 and 20 TO
SECTION 1» OF SECTION 25-220 TO
ESTABLISH SPEED LIMITS GEN-
ERALLY IN THE CITY OF DUBU-
QUE, IOWA.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Section (þ) of Section
25-220 of the Code of Ordinances of the
Oity of Dubuque be amemisd by revis-
ing Subsection 8 of Section Iþ) of
Section 25-220 and by aiMing new
Subsections 15, 16, 17, 18, 19 and 20 to
Section (þ) of Section 25-220 to read as
folk>ws;
"Sec. 25-220
Iþ) The folk>wing shall be lawful speed
except as otherwise provided in this
Code or other ordinances of the Oity,
and any speed in excess thereof shall
be unlawful.
8. Thirty-five miles per honr on Penn-
sylva:nia Avenue from a point eleven
hundred Ul00)feet west of Roserrumt
Street to its westerly terminm.
15- Thirty-five miles per hour on Peru
Road from the north property line of
Valley Road to its southerly terminm.
16. Thirty-five miles per hour on
Valley Road from Peru Road to Peb-
rnanRoad.
17. Thirty-five miles per hour on Peb-
man Road fram Valley Road to Roose-
velt Street.
18. Thirty-five miles per hour on Rad-
ford Road from the northerty city
h'mits to the southerly city limits.
19. Thirty-five miles per honr on
North Cascade Road from Fremont
Avenue to the smdherly city limits.
20. Thirty-five miles per hour on
MiddJ.e Road from its easterly termin-
m to the westerly city limits.
Section 2. That all ordirumces or
parts of ordirumces in conflict with this
ordinance are hereby repealed.
passed, approved and adopted this
30th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
for and on behalf of the City of
Dubuque, Iowa.
Section 2. That by reason of the
effective date of annexation, the deliv-
ery of equipment for refuse coUection
services to the annexed area constitutes
an <mWrgency and that bidding pro-
cedures be waived in the JYUrchase of
the refuse packer, and that the Mayor
be and he is hereby authorized and
directed to JYUrchase same at the best
price obtainable at the earliest possible
time to do any and all things necessary
and incidental thereto.
Passed, approved and adopted tbis
30th day of May, 1979.
Ricbard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Micbael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
City Clerk
25-210 OF SAID CODE, PROVIDiNG
THAT VEIllCLES STOP BEFORE
ENTERING THOSE INTERSECTIONS
DESIGNATED AS STOP INTERSEC-
TIONS.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
rumces of the Oity of Dubuque, Iowa be
amended by adding anew Subsection 29
to Section B of Section 25-210, by
adding new Subsections 9, 11, 12, It!,
14, 15, 16 and 17 to Section C of Section
25-210, by adding new Subsections 8, 9,
10, 11, 12 and It! to Section D of Section
25-210, by adding new Subsections 13,
14, 15, 16, 17 and 18 to Section E of
Section 25-210 and by aiMing new
Subsections 9, 12, 13, 14 and 15 to
Section F of Section 25-210 to read as
folk>ws:
"Sec. 25-210.
(þ) Those intersections designated are
hereby declared to be 'Stop Intersec-
tions' for all the JYUTpOses of this
section.
B. Northbound and southboumi vehi-
cles mmt stop before entering the
intersection of:
29- Radford Road and MiddJ.e Road.
C. Westboumi vehicles mmt stop be-
fore entering the intersection of:
9. Sheridan Road and Peru Road.
11. &IemStreetandPeruRoad
12- Valley Drive and Peru Road
13- Liberty Street and Peru Road
14. Hawkeye Drive and Peru Road
15. Walker Street and Peru Road
16. Toledo Street and Peru Road
17. Starh'ght Drive and Crescent Ridge
D. Northbound vehicles mmt stop
before entering the intersection of'
8. BeUevue Road and Rockda1e Road
9. MarJo Qun,rry Road and Rockdale
Road
1O.FJnglish MiU Road and Crescent
Ridge.
I1.Cedor Gross Road and Crescent
Ridge.
12.Manson Rood and MiUer Road
IS. Inland Drive and Julien Dubuque
Drive.
E Eastboumi vehicles mmt stop be-
fore entering the intersection of:
13.Starlight Drive and Cedor Cross
Road
14. Crescent Ridge and Cedor Cross
Rood
15.MarJo Qun,rry Road and Inland
Drive
16.Lo-aise Street and Peru Road
17.Kennedy Court and Peru Road
18-MUer Road aod KeUy Lone-
F. Southboumi vehicles mmt stop be-
fore entering the intersection of:
It 6/1
Co\U1cil Member Tully moved final
adoption of the Ordinance. Secouded by
Co\U1cil Member Farrell. Carried by
the ful!owing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 29-79
AN ORDiNANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDiNANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY ADDiNG A NEW
SUBSECTION 29 TO SECTION B OF
SECTION 25-210; BY ADDiNG NEW
SUBSECTIONS 9, 11, 12, 13, 14, 15, 16
AND 17 TO SECTION C OF SECTION
25-210; BY ADDING NEW SUBSEC-
TIONS 8, 9, 10, 11, 12 AND 13 TO
SECTION D OF SECTION 25-210; BY
ADDING NEW SUBSECTIONS 13, 14,
15, 16, 17 and 18 TO SECTION 9, 12,
13, 14 AND 15 TO SECTION F OF
SECTION 25-210 OF SAID CODE,
PROVIDING THAT VEIllCLES STOP
BEFORE ENTERING THOSE INTER-
SECTION DESIGNATED AS STOP
INTERSECTIONS, presented and read.
Co\U1cil Memher Tully moved that tbe
reading just bad be considered the first
re&Jing of tbe Ordinance. Seconded by
Co\U1cil Member Farrell. Carried hy
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Co\U1cil Member Tully moved that the
rule requiring au Ordinauce to he
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with- Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 29-79
AN ORDiNANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDiNG
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA BE
AMENDED BY ADDiNG A NEW
SUBSECTION 29 TO SECTION B OF
SECTION 25-210 BY ADDiNG NEW
SUBSECTIONS 9, 11, 12, 13, 14, 15, 16
and 17 TO SECTION C OF SECTION
25-210; BY ADDING NEW SUBSEC-
TIONS 8, 9, 10, 11, 12 and 13 TO SEC-
TION D OF SECTION 25-210; BY
ADDING NEW SUBSECTIONS 13, 14,
15, 16, 17 and 18 TO SECTION E OF
SECTION 25-210 AND BY ADDiNG
NEW SUBSECTIONS 9,12,13,14 and
15 TO SECTION F OF SECTION
ATTEST:
Leo F. Frommelt
City Clerk
Co\U1cil Member Tully moved adop-
tion of the Resolution. Seconded by
Co\U1cil Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzherhel', Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 28-79
An Ordinauce of the City of Dubuque,
Iowa, providing that tbe Code of
Ordinauces, City of Duhuque, Iowa, be
amended by revising Subsection 8 of
Section (h) of Section 25-220, and by
adding new subsections 15, 16, 17, 18,
19 and 20 to Section (b) of Section
25-220 to establisb speed limits general-
ly in the City of Dubuque, Iowa,
presented and read.
Co\U1cil Member Tully moved tbat the
reading just had be considered the first
reading of the Ordinance. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger. Co\U1cil
Members Brady, Farrell, King. Tully.
Nays-None.
Co\U1cil Member Tully moved that the
rule requiring au Ordinauce to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
OlIDINANCE NO. 28.79
AN OlIDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDiNG
THAT THE CODE OF ORDINANCES,
ATTEST:
Leo F- Frommelt
City Clerk
Published officially in tbe Telegraph
Rerald Newspaper this 1st day of J\U1e
1979-
Leo F. Frommelt
216
Special Session, May 30, 1979
9. Northview Drive end Crescent
Rid1}e
12 Cleo:r View Drive and Orescent
Rid1}e
13. Cedar Cross Road and North Cas-
cade Road
14. Oùi MiU Road and Rockdale Road
15.8tewart Road and RockJJ.a1e Road
Section 2. That all ordinances or parts
ordirumces in conflict with ordinance
are hereby repealed.
Passed, approved and adopted this
30th day of May, 1979.
Richard Wertzberger
Mayor
Thomas A. Truly, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Co\U1cil Members
Council Members
ATTEST:
City Clerk
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 1st day of J\U1e,
1979.
Leo F. Frommelt
City Clerk
It 6/1
Co\U1cil Member Tully moved final
adoption of the Ordinance. Seconded by
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Memhers Brsdy, Farrell, King, Tully.
Nays-None.
Application for transfer of Beer Per-
mit by William N. Billikas from 926
Main St. to 7th & Main Sts. in the Town
Clock Plaza, presented.
Co\U1cil Member Brady moved that
the transfer be approved. Seconded hy
Co\U1cil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
There being no further business.
Co\U1cil Memher Brady moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Memhers Brady, Farrell, King, Tully.
Nays-None.
Leo F. Frommelt
City Clerk
Approved
Adopted-
1979
1919
Regular Session, June 4,1979
217
CITY COUNCIL
OFFICIAL
Regular Session, J\U1e 4, 1979-
Co\U1cil Met at 7:30 P.M. (C.D.T.)
Present: Mayor Wertzberger, Council
Memhers Brady, Farrell, King, Tully.
City Mauager Gilbert D. Chavenelle.
Mayor Wertzberger read the call and
stated that service thereof had heen
dilly made and this is the REGULAR
MONTHLY MEETING called for the
purpose of acting upon such business as
may properly come before a Regular
Meeting of the Council.
Proclamation proclaiming twenty-one
days from Flag Day through Indepen-
dence Day as a period to "Honor
America", was so proclaimed by Mayor
Wertzberger.
Proof of Publication, certüied to by
the Publisher, of Notice of Public
Hearing to amend the Current Budget,
presented and read.
Co\U1cil Member Tully moved that the
proof of publication he received and
filed. Seconded by Co\U1cil Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certüied to by
the Publisher, of Notice of Public
Hearing to amend the Current Budget
on Revenue Sharing F\U1ds, presented
and read.
Co\U1cil Member Tully moved that the
proof of puhlication he received and
filed. Seconded hy Council Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Memhers Brady, Farrell. King, Tully.
Nays-None.
Proof of Publication, certified to hy
the Publisher, of Notice of Comm\U1ity
Development Block Grant Public Hear-
ing for construction of 32nd Street Fire
Station, presented and read.
Co\U1cil member Truly moved that the
proof of puhlication be received and
filed. Seconded hy Council Member
Brady, Farrell, King. Truly.
Nays-None,
Comm\U1ication of Housing Rehabili-
tation Commission objecting to Budget
Amendment transfer of Housing Rehab.
loan payment f\U1ds; $50,000. originally
budgeted to W. 11th St. area be re-
allocated to the Housing Rehah & Loans
and Grauts Fund; Do not endorse staff
proposal for acquisition of building at
595-599 W. 8th Street, presented and
re&J-
Co\U1cil Memher Tully moved that the
communication he received and filed.
Seconded by Co\U1cil Member King.
Carried by the follo' vote:
Yeas-Mayor We , Council
Members Brady, Farr ,Tully.
Nays-None.
Comm\U1ication of Community Devel-
opment Director requesting authoriza-
tion to proceed with property acquisi-
tion proposal thru Community Block
Graut Funds in the amount of $12.500.,
for property along University Ave.,
presented and read.
Co\U1cil Member Tully moved that the
communication be received and filed.
Seconded by Co\U1cil Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Co\U1cil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 134-79.
Authorizing the Acquisition of Certain
Real Property Identified as Blighting
Inßuences in a Community Develop-
ment Target Area.
WHEREAS, the City of Dubuque
pursuant to U.S. Department of Hous-
ing and Urhau Development Graut
Agreement No. B-79-MC-19-0004 has
been authorized to carry out a Com-
m\U1ity Development Block Graut Pro-
gram which includes, among other
things, the acquisition of hlighted and
deteriorating real property located
within Block Graut target areas: and
WHEREAS. the real property identi-
fied hereinafter has been determined to
meet the criteria set to qualify for this
program; and
WHEREAS, the identified real pro-
perty is located in the Hili Neigh-
borhood which is qualüied, by Co\U1cil
Resolution No. 13-77 and Chapter 403 of
the Iowa Code, for public acqnisition
activities in order to alleviate blight and
deterioration: and
WHEREAS, in accordance with the
Unüorm Relocation Assistauce and
Real Property Acquisition Policies Act,
au independent appraisal and staff
review of said appraisal of the real
property hereinafier described has been
prepared on behalf of the City of
Dubuque.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE IOWA:
Section 1. That the Oity Manager be
and he is hereby authorized and direct-
ed to execute qgræments of purchase
and to do any aad all things necessary
and requisite inclnding the ojfixing of
the Oity seal to certain instruments to