1978 February Council Proceedings
49
loan and Capital Grant Contract for the
undertaking of the Downtown Urban
Renewal Project, Iowa R-15; and
WHEREAS, under date of May 18,
1967, the Council of the; CityofDubuque,
after Public Hearing, adopted an Urban
Renewal Plan for the said Project and
which Urban Renewal Plan is on file in
the Office of the City Clerk and is record-
ed in the Office of the Recorder of Dubu-
que County, Iowa, in Book 295 of Mort.
gages, Pages 235 to 259; and
WHEREAS. pursuant to such Urban
Renewal Plan and Loan and Capital
Grant Contract, the City of Dubuque has
acquired land, relocated site occupants.
removed structures and other improve-
ments, constructed and reconstructed
site improvements and public facilities,
and marketed land and improved prop.
erty for private and public redevelop-
ment purposes: and
WHEREAS, the City of Dubuque and
the United States of America have ef-
fected a financial settlement of the
Downtown Urban Renewal Project,
Iowa 12-15; subject, however, to certain
conditions agreed to in Resolution No.
adopted June 2, 1977, and which
conditions required:
1. Deposit of the proceeds from the
sale or lease of property to the
credit of the Community Develop-
ment Block Grant Program (re-
fers to that land which was unsold
as of June 2, 1977):
2. Improvement of land must con-
form to the Urban Renewal Plan;
3. Proposed conveyances are sub.
ject to publIc disclosure require-
ments of Section 105 (e) of Title I
of the Housing Act of 1949, as
amended; and
4. Prohibition of discrimination in
the sale, lease, rental, occupancy
or other use of said properties or
in any improvements erected or
to be erected thereon; and
WHEREAS, the City of Dubuque
deems it to be desirable and in the best
interest of the City and the Pr'oject to
publicly invite proposals from prospec-
tive redevelopers for participation in the
planning and implementation of the re-
development of the remaining cleared
land in the Project Area: and
WHEREAS, the Fixed-Price Compe-
tition method permits the selection of a
prospective redeveloper upon criteria
and factors other than price but upon the
qualifications and experience of the re-
developer or redevelopment team, the
magnitude and importance of the pro-
posed redevelopment to the achieve-
ment of the objectives of the Urban Re-
newal Plan, and the ability of the rede.
Regular Session, February 6,1978
CITY COUNCIL
OFFICIAL
Regular Session, February 6, 1978.
No members of the Council being
present the meeting was adjourned sub-
ject to call.
Leo F. Frommelt
City Clerk
Approved. . . . . . . . . . . . . . . . . . . . .. 1978
Adopted. . . .. . . . . .. .. .. .. . .. . .. 1978
Council Members
ATTEST:
City Clerk
CITY COUNCIL
OFFICIAL
Adjourned Regular Session, Febru-
ary 7, 1978.
Council met at 7:30 P.M. (C.S.T.I.
Present - Mayor Tully, Council
Members Brady, Farrell, King, Wertz-
berger. City Manager Gilbert D. Chav-
enelle.
Mayor Tully read the call and stated
that service thereof hl!-d been duly made
and this meeting is an adjourned session
of the regular sassion of February 6,
1978, caned for the purpDse of acting
upon such business as may properly
come before the meeting.
Invocation was given by Rev. Paul
Gabrielson of Bethany Home.
Proclamations proclaiming week of
February 12th to 18th as "Office Edu-
cation Week"; week of February 19.28 as
"National Engineers Week"; and week
of February 12-18 as "National Voca-
tional Educational Week" were a.pprov-
ed and signed by Mayor Tully.
RESOLUTION NO. 33-78
Authorizing the Solicitation of Forma'
Proposals fQr Designation as Develop.
er for Certain Land In the Downtown
Urban Renewal Project, Iowa R.15
WHEREAS, under date of July 26,
1967, the City of Dubuque, pursuant to
Chapter 403 of the Iowa Code, and the
United States of America entered into a
and filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of League of Women
Voters indicating some concern of fund-
ing of portions of Community Develop-
ment Block Grant Program, presented
and read. Council Member Wertzberger
moved that the communication be re-
ceived and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Communication of Housing Commis-
sion recommending review of document
for adoption of Housing Assistance Plan
for 1978-79, presented and read. Council
Member Wertzberger moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-D<me.
WHEREAS, the regulations govern-
ing the use of such funds requires that an
application be submitted which con-
forms to criteria prescribed by the
United States Department of Housing
and Urban Development; and
WHEREAS, the City of Duhuque is
entitled to certain funds under the Com-
munity Development Block Grant Pro-
gram authorized under Title I of the
Housing and Community Development
Act of 1974: and
RESOLUTION NO. 36.76
Authorizing the Filing of an Applica.
tlon for a Community Development
Block Grant for the City of DUbuque
WHEREAS, such an application has
been prepared and the items contained
therein are in the best interests of the
City of Dubuque; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE,IOW A:
Section 1. That an application on be-
half of the City ,of Dubuque for a Commu-
nity Development Block Grant under
Title I of the Housing and Community
Development Act of 1974 is hereby ap-
proved, and that the Mayor the City of
Dubuque is hereby authorized and di-
rected to execute such an application for
submission to the United States Depart-
ment of Housing and Urban Develop-
ment.
51
Regular Session, February 6,1978
therein are in the best interests of the Ci.
ty of Dubuque; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE,IOW A:
Section 1. That a Citizen Participa-
tion Plan for the City of Dubuque (at-
tached) be approved.
Section 2. That the Citizen Participa-
tion Plan for the City of Dubuque shall
continue to remain on file in the office of
the City Clerk, where such plan may be
examined and copied by any interested
party.
Section 3. That the Community De-
velopment Commission at its regular
meeting of January 10, 1978, approved
the Citizen Participation Plan and
recommends its adoption by the City
Council of the City of Dubuque, Iowa.
Passed, adopted, and approved this
7th day of February, 1978.
Thomas A. Tully Jr.
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Tully moved adoption of the
Resolution. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays-Council Member Wertzber-
ger.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing rela-
tive to Community Block Grant Funds,
presented and read.
Mayor Tully moved to suspend the
rules to let anyone present address the
Council if they so desire. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas,-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
J an Walter representing Project Con-
cern, stated that Cathedral Square Cen~
ter requested $44,746; Requesting re-
consideration for funding.
Harry Neustadt, Community Devel-
opment Specialist, reported City is li-
able for return of funds if a project fails;
City of Dubuque, at this time, does not
have control of Senior Center_
David Davis, Committeeman for Com-
munity Development, state Project Con-
cern is not to be funded at this time due
-to priority of other projects.
Council Member Wertzberger moved
that the proof-of publication be received
~2&"-~~,""",,,~:'.~i,";:--~.'"
RESOLUTION 34.76
A Resolution for the Publication of a
Public Notice Granting an Easement
to Interstate Power Company
WHEREAS, Interstate Power Com-
pany, a Delaware Corporation has re-
quested an easement across city proper-
ty for the installation of electrical trans-
mission lines; and
WHEREAS, the City Clerk has on file
a resolution granting an easement to In-
terstate Power Company for the instal-
lation of these lines; and
WHEREAS, the Code of Iowa, 1977,
requires a public hearing to be held on
the sale or lease of any city property.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOW A:
Section 1. That the City Clerk be di-
rected to publish a notice of a public
hearing on the resolution now on file
with the City Clerk which resolution
grants Interstate Power Company rights
for the use of any city property for the in-
stallation of electrical transmission
lines.
Passed, adopted, and approved this
7th day of February,1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wer.tzberger moved
adoption of the Resolution and the public
hearing be held on February 20, 1978.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
RESOLUTION NO. 35-76
Authorizing the Adoption of a Citizen
Participation Plan for the City of Du.
buque
WHEREAS, the City of Dubuque is
entitled to certain funds under the Com-
munity Development Block Grant Pro-
gram and authorized under Title I of the
Housing and Community Development
Act of 1974; and
WHEREAS, Section 570.3031bl gov-
erning the use of such funds requires
that the City of Dubuque prepare and
adopt a written Citizen Participation
Plan as prescribed by the United States
Department of Housing and Urban De-
velopment; and
WHEREAS, such a plan has been pre-
pared -and the procedures contained
Regular Session, February 6,1978
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
.council Member Farrell. Carried by the.
following vote:
Yeas - Council Members Farrell,
King, Wertzberger.
. Nays-Council Member Brady.
Abstain-Mayor Tully.
Communication of Development Con-
trol Corporation presenting a written
proposal expressing conditions under
which they would be engaged as a Devel~
oper for a Downtown enclosed Retail
Mall Development, presented and read.
Council Member Wertzberger moved
that the communication be r~ceived and
filed and referred to Council. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
veloper to implement the proposed rede-
velopment.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOW A:
Section 1. That a public invitation for
formal proposals for participation in the
planning and implementation of the re-
development of the cleared land in the
Downtown Urban Renewal Project, Iowa
R-15, identified as Block 12,13,14 and 17
in Dubuque Downtown Plaza is approv-
ed.
Section 2. That documents pertain~
ing to the selection of a tentative rede-
veloper and the disposition of the land
are hereby approved and filed of record
with the City Clerk.
Section 3. That the Fixed-Price Me-
thod of offering the land for sale to a re-
developer is the appropriate method of
making the land available for redevelop-
ment.
Section 4. That the price for the dis-
posal of each parcel included in the land
to be conveyed is determined to be not
less than the fair price for the land for
uses in accordance with the Urban Re-
newal Plan and the said prices are here~
by approved.
Section 5. That the City Clerk be and
he is hereby authorized and directed to
publish "Invitation for Proposals" for
the selection of a designated redevelop-
er in the form of Exhibit "A" attached
hereto.
Passed, adopted, and approved this
7th day of February, 1978.
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
50
~
53
Council Member Brady. Carried by the
following vote:
Yeas-Council Members
rell, King, Wertzberger.
Nays-none.
Abstain-Mayor Tully.
January 31,1978
Honorable Mayor and
Members of City Council
RE: Recommended Revision of 1977-78
Housing Assistance Plan (HAP)
The Housing Commission held a meet-
ing with representatives of the Sisters
of St. Francis on Thursday, January 26,
1978. At that meeting, the Sisters ex-
plained t'he concept of their proposed' de-
velopment to be known as AlverDo
Apartments in the Stonehill Commu-
nity. This 100 unit development for low
income elderly households will provide a
planned program for elderly, which the
Housing Commission voted unanimous-
ly to endorse. Funding for the project
will come from a Section 202 low interest
mortgage loan granted directly from the
U.S. Department of Housing and Urban
Development, as well as a Section 8 Ren-
tal. Assistance contract to subsidize
rents in all units of the project.
The Sisters have requested city staff
to expedite the Mayor's endorsement of
the development of their project, as re-
quired by HUD. Staff had advised the
Sisters that such endorsement could not
be obtained unless a minor change in the
currently effective HAP was approved
by the City Council which would allow
continued development of t.heir project
in accordance with goals outlined by the
Plan.
The HAP shows the City of Dubuque's
desire to develop up to 200 units of Sec-
tion 8 Newly Constructed rental units
during Fiscal Year 1978. Following is a
listing of the New Construction develop-
ments which private developers have
expressed a desire to bring to comple-
tion:
authorized by provisions of Chapter 403
A of the 1966 Code of Iowa, as amended;
and
WHEREAS, the City of Duhuque has
prepared and submitted a Housing As-
sistance Plan for Fiscal Year 1978 to the
United States Department of Housing
and Urban Development which projects
the need for at least two hundred fifty
(250) Section 8 Existing Housing Units
over the period of the three years ending
in Fiscal Year 1981, with at least one
hundred (100) units to be programmed
during this current year; and
WHEREAS, the U,S, Department of
Housing and Urban Development, as of
January 27, 1978 issued an invitation for
the City of Dubuque to file its application
for up to two hundred twenty-four (224)
units before 4:00 P.M., March 7,1978;
NOW THEREFORE BE IT RESOL V-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, lOW A:
Section 1. That the City Council di-
rects the Mayor of the City of Dubuque
to sign the application for one hundred
(100) units as prepared by staff and now
reviewed by City Council.
Section 2. That the Director of the
Department of Community Development
is directed to forward said application, in
the required number of copies to U.S.
Department of Housing and Urban De-
velopment as soon as possible, before
the deadline date and to supply HUD
with other required documents needed
to complete this application.
Passed, adopted, and approved this
7th day of February,1978.
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Number Type Households to
Developer of Units Proposed Location be Served
I) HOMZ Part-
ners, Madison,
Wisc. 48 Xavier District off Sheridan
Road Low Income Families
2) Tom Leibold,
Dubuque,IA 79 Northwest-Kaufmann Ave. near
Area Residential Care Elderly
3) Sisters of St.
Francis, Dubu-
que,IA 100 Stonehill Community Elderly
TOTAL 227
The fact that 27 more units- have re- the City to endorse all of the programs.
ceived commitment than were planned We recommend that you transfer thir-
requires a revision of the HAP, allowing ty (30) units from the Interim Assistance
!!iii~
Far
Brady,
Regular Session, February 6,1978
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
1978, advertised an invitation for the
City of Dubuque to submit an application
for Section 8 Existing Housing Units.
The City of Dubuque would be incompe-
tition with six other Iowa Cities for up to
224 units at this time.
In anticipation of the invitation from
HUD, the Housing Commission, at a Spe-
cial Meeting on January 26,1978, consid-
ered a staff recommendation for the City
of Dubuque to submit an application for
100 units. The Commission voted unani-
mously at that session to recommend
that you file an application for 100 units
to be distributed as follows:
55-2-Bedrooms
40 - 3-Bedrooms
5-4-Bedrooms
This recommendation is based upon
our feeling that the Section 8 Existing
Housing Program offers one of the best
means for the City of Dubuque to pro-
vide rental assistance to low income
households while helping to improve and
maintain the quality of the existing hous-
ing stock. In addition, the current Hous-
ing Assistance Plan specifies that the
City of Dubuque wishes to develop 100
units of Section 8 Existing Housing dur-
ing this program year.
The contract that will probably result
from. this application will be in addition
to the existing contract managed by the
City of Dubuque for 249 units. Public de-
mand for this program has been evidenc-
ed by its success, with all authorized allo-
cations for 249 units being utilized. In ad-
dition, the staff has developed an active
waiting list ofl50 applicants, plus a "pre-
application list" of about 60 interested
households. We feel that many more
qualified candidates have not applied
because they are already aware of the
limited resources of the program.
The Housing Commission, therefore,
commends to your consideration the at-
tached application for 100 additional
Section 8 Existing Housing Units. We
recommend your approval.
Charlotte G. Kelly
Chairperson
Housing Commission
Council Member Farrell moved that
the communication be received and filed.
Seconded by Council Member Wertzber-
ger. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO. 37-78
Authorizing Mayor to Sign Application
for 100 Units of Section 8 Existing
Housing snd Directing Staff to Submit
Application and Required Documents
WHEREAS, the City of Dubuque
functions as a Public Housing Agency
Regular Session, February 6,1978
January 31, 1978
Honorable Mayor and
Members of City Council
BE: Application for 100 Units of Sec.
tion 8 Existing Housing
The U.S. Department of Housing and
Urban Development on January 27.
Passed, adopted, and approved this
7th day of February,1978.
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Council Members Farrell,
King, Wertzberger.
Nays-Council Member Brady.
Abstain - Mayor Tully.
Council Member Wertzberger moved
that the Public Housing Section in the
"Explanation of Priorities" be stricken
from the record covering public housing
expressing the City willingness to spon-
sor public housing for families. Seconded
by Council Member King. Carried by the
following vote:
Yeas-Council Members Brady,
King, Wertzherger.
Nays-none.
Abstain - Mayor Tully, Council Mem-
ber Farrell.
Communication of DOT submitting
maps of the proposed improvement of
the City Island Bridge and approaches
from near the intersection of Kerper
Blvd. and 16th Street easterly to the pro-
posed interchange of Highways 11 & 35;
also advising of Public Hearing to be
held in Audubon School Gym on March
15, 1978 at 7:00 P.M., presented and
read. Council Member Farrell moved
that the communication be received and
filed and referred to Council. Seconded
by Council Member W ertzberger. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none. '
Council Member Brady moved that
the City Clerk be directed to send a let-
ter to the State DOT, on behalf of the
Council, expressing concern as to lack of
material received and requesting more
information to further prepare the pub-
lic on bridge proposals. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
52
55
hearing. Council Member Wertzberger
moved that the proof of publication be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady. Farrell, King, W ertzberger.
Nays-none.
ORDINANCE NO. 7078
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA" BY
CLASSIFYING RECENTLY ANNEXED
PORTIONS OF MINERAL LOT 504 LO.
CATED ON ROCK DALE ROAD FROM
AG AGRICULTURAL DISTRICT TO R.l
RESIDENTIAL DISTRICT CLASSIFI.
CATION,
said Ordinance having been previously
presented and read at the Council meet-
ing of January 16, 1978, presented for
final adoption.
ORDINANCE NO. 7078
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA" BY
CLASSIFYING RECENTLY ANNEXED
PORTIONS OF MINERAL LOT 504 LO.
CATED ON ROCK DALE ROAD FROM
AG AGRICULTURAL DISTRICT TO R.l
RESIDENTIAL DISTRICT CLASSIFI.
CATION,
WHEREAS, the real estate hereinaf
ter described was annexed to, and be-
came part of the City of Dubuque, Iowa,
by City Council Resolution No. 275-77,
passed, approved and adopted by the
City Council on July 18, 1977, which an-
nexation was upon voluntary petition.
NOW THEREFORE BE IT OR.
DAINED BYTHE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA,
Section 1. That the Code of Or-
dinances of the City of Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Dubuque, Iowa" by reclassifying the fol-
lowing described real estate from '~G
Agricultural District" classification to
"R-t Residential District" classifica-
tion, to wit:
Lot 2 of Sub of Mineral Lot 504, Sec.
tion 1, T88N, R2E, of the 5th P.M. in
the City of Dubuque, Iowa.
Regular Session, February 6,1978
Van-Ambulance. It includes $1,662.00
worth of equipment, as listed in Alter~
nate A. The equipment includes cot,
hanging stretcher, portable oxygen
units and other various equipment
which is being purchased at a lower cost
than that which we could purchase it for
separately.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the communication be received and
filed and purchase of ambulance from
Emergency Services Supply Co. be au-
thorized. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
January 17,1978
Honorable Mayor and
City Council
On April 18, 1977, claim was filed by
Mrs. Cecelia Munster of 1035 Rockdale
Road this City, claiming personal in-
juries allegedly occurring on March 24,
1977, and claiming said injuries occurred
as a result of tripping and falling at 1545
South Grandview near the Oky-Doky
Store, and 'alledgiifg said fall was caus-
ed by a broken sidewalk thereat.
This matter was referred to the City
Attorney's Office who investigated the
same and conferred with the claimant
and finds that said injuries consisted of a
broken ankle.
Claimant has made an offer of settle-
ment of $100.00; and in view of the fore-
going, it is the recommendation of the
City Attorney that said offer of settle-
ment should be accepted, and that the
City Auditor be instructed to issue war-
rant payable to Mrs. Cecelia Muenster in
the amount of $100.00and transmit same
to the City Attorney for delivery upon
receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the communication be received and
filed and recommendation of settlement
be approved. Seconded by Mayor Tully.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell,King, Wertzberger.
Nays-none.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing tf.' amend the Zoning Ordinance by
reclassifying recently annexed portion
of M.L. 504 from AG to R-l Residential
District Classification, presented and
read. No written objections were filed
and no oral objectors were present in the
Council Chambers at the time set for the
Regular Session, February 6,1978
Rehabilitation Program to the Section 8 WHEREAS, the City of Dubuque
New Construction Program in order to finds that the new construction projects
justify these developments. We feel that being planned will further the City's ef-
such transfer is justified as the Interim forts to provide additional standard
Assistance Program for elderly has not housing for low and moderate income el~
received the applications as originally derly and handicapped households; and
projected. WHEREAS, the "Emergency Assis-
Such a transfer within HAP limita- tance Program" available to elderly
tions already outlined on the currently homeowners in the City of Dubuque has
valid Plan will not change the total not been utilized to the extent originally
households the City has projected to projected; now therefore
serve. Therefore, this revision will prob- BE IT RESOLVED BY THE CITY
ably not precipitate the need for an A.95 COUNCIL OF THE CITY OF DUBU.
Review. QUE,IOW A:
Your approval of this Plan is recom- Section 1. That the City Council au-
mended unanimously by your Housing thorizes transfer of thirty (30) units for
Commission. elderly families from the "Emergency
Charlotte G. Kelly Assistance Program" found under the
Chairperson Housing Assistance Plan category de-
Housing Commission scribed as "D" - "Rehabilitation Assis-
Rick Kirkwood and Bruce Cowhig, tance to Homeowners or Prospective
members of Staff, spoke to the communi- Homeowners" to the category described
cation. The request was made tomove30 as "A" - "New Rental Units" Section 8
units out of the block grant program. - Housing and Urban Development Di-
Homz, Leibold, Sisters of St. Francis re* vision of the Plan.
questing modification of existing pro- 'Section 2. That the City Council di-
gram. Bruce Cowhig stated that Interim rects the Director of the Department of
Assistance program is available. The Community Development to submit this
need is not as prevalent as originally Revised Housing Assistance Plan to the
thought. United States Department of Housing
Council Member Wertzberger moved and Urban Development for approval.
that the communication be received and Section 3. That the Mayor is author-
filed. Seconded by Council Member Far- ized to indicate compliance with the Re-
rell. Carried by the following vote: vised Housing Assistance Plan of the
Yeas-Mayor Tully, Council Mem- planned new construction developments
bers Brady, Farrell, King,W ertzberger. by letter as requested by HUD.
Nays-none. Passed, adopted, and approved this
RESOLUTION NO. 38.78 7th day of February,1978.
Authorizing Revision of 1977.78 Hous. Richard Wertzberger
ing Assistance Plan in Order to Ac. D. Michael King
commodate Three'Section 8 New Con. James E. Brady
struction Projects Under Development Carolyn Farrell
WHEREAS, the City of Dubuque has Council Members
developed a Housing Assistance Plan ATTEST:
for Fiscal Year 1977-78 as part of the ap- Leo F. Frommelt
plication for Community Development City Clerk
Block Grant Funds for Fiscal Year CouncilMemberWertzbergermoved
1977-78, which reflects a desire to devel- adoption of the Resolution. Seconded by
op at least two hundred (200l new con- Council Member Farrell. Carried by the
struction rental units for low income following vote:
families during the year within the con~ Yeas-Council Members Brady, Far-
text of a plan to develop up to four hun- rell, King,- Wertzberger.
dred (400l Section 8 Newly Constructed Nays-norte.
units within the next three years; and Abstain - Mayor Tully.
WHEREAS, the U,S. Department of January 31,1978
Housing and Urban Development has Honorable Mayor and
given a preliminary commitment to City Council
three private developers this year, to Attached is a list of bids received by
develop two hundred twenty-seven (227) Chief Robert N. Dunphy for the pur-
Section 8 Newly Constructed units; and chase of a new modular type ambulance.
WHEREAS, the U.S. Department of It is recommended that the city accept
Housing and Urban Development will the low bid of $26,372.00 submitted by'
not approve final commitments on these Emergency Services Supply Company
projects unless their development com- of St. Loui~. The bid consists of the AI-
plies with goals outlined by the 1977-78 ternate B base, which is the cost oithe
Housing Assist~nce Plan; and vehicle less the turn-in of a' 1969 Ford
54
,.__-""-".A"~,,,;~ '-'<-1::.0
57
Passed, adopted, and approved this
7th day of February, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wert:i\bel'ger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Dave Liason spoke to the Council rela-
tive to the Sound System in the Council
Chambers.
Communication of Planning & Zoning
Commission submitting a new copy of
the Zoning Ordinance and Zoning Map
including all amendments to December
19, 1977 of the map and all amendments
to January 16, 1978 on Zoning, present-
ed and read. Council Member Wertzber-
gel' moved that the communiction be re-
ceived and filed. Seconded by Mayor
Tully. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of City Manager re-
questing.to discuss study by Rossiter &
Hamm for utilization of the Trenkle
Building, also report proposed by them
in 1973 for remodeling City Hall, pre-
sented and read.
Paul Rossiter presented 4 alternative
proposals on the Trenkle Building and
Mr. Murray gave the Council a layout of
the City Hall prepared in 1973.
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Mayor Tully. Carried
by the following vote:
Yeas-Mayor Tully, I
bel'S Brady, Farrell, King
Nays-none.
January 23, 1978
Honorable Mayor and
City Council
On September 25, 1974, the City ofDu-
buque was served with Original Notice
with petition attached, wherein Martha
O'Neal was plaintiff, and the City of Du-
buque, named defendant, being Law No.
40318. The plaintiff in her cause of action
alleged personal injuries to plaintiff on
September 27, 1972 as the result of a fall
on said date at or near 98 Hill Street in
the City of Dubuque and alleging an un~
safe condition of said sidewalk thereat.
Regular Session, February 6,1978
Chicago North Western railroad.
MATCHING RESOLUTION NO. 39.78
Whereas, the City of Dubuque of
Iowa, by resolution duly passed hereto-
fore, has resolved that it will provide
during the approved project period cash
funds for the following Iowa Crime Com-
mission project:
this
Amount of Funds
Being Provided
$28.52
Passed, adopted, and approved
7th day of February, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Title of Project
National Confer-
ence on Juvenile
Justice
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Section 1. That the City Manager be
and he is hereby authorized and directed
to execute on behalf of the City of Dubu-
que an amendment to the Rental Agree-
ment executed under date of May 18,
1977, between the City of Dubuque and
The Old Creamery Theatre Company of
Garrison, Iowa, for the use of the Five
Flags Theater.
WHEREAS, pursuant to Resolution
No. 165-77 the City of Dubuque under
date of May 18, 1977 entered into a ren-
tal agreement with The Old Creamery
Theatre Company of Garrison, Iowa, to
provide certain theatrical performances
in the Five Flags Theater; and
WHEREAS, it is in the best interest
of both parties to amend the agreement
to permit better utilization of the Five
Flags Theater,
RESOLUTION NO. 40.78
Authorizing Amendment to the Rental
Agreement Between the City of Dubu-
que and The Old Creamery Theatre
Company of Garrison, Iowa
NOW THEREFORE BE IT RESOL V-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
;",,-~";;::C'2;:".7~ft'*~=-i2Tt'f'''.7~,'~
---p- .-- -- -
compatible with current development in
the area. Accordingly, by a unanimous
vote the Planning and Zoning Commis-
sion has recommended that the petition
for reclassification from R-2 Residential
District to R.5 Residential District be
denied.
City Planning
and Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed and recommendation of denial be
approved. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Petition of Dubuque County Historical
Society requesting t~ be considered for a
fair share of any monies produced
through the propos~d system of taxation
known as the Hotel~Motel Tax, present-
ed and read. Council M~mber Wertz ber-
gel' moved that the petition be referred
to the Council. Seconded by Mayor Tul.
ly. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Petition of Foot Levelers Inc. request-
ing annexation of Sub. of Lot 1 of 3 of 1 of
Mineral Lot 500 and Mineral Lot 501 or
obtain benefits of City Sewer on a pro.
rate fee without annexation, presented
and read. Council Member Wertzberger
moved that the communication be re-
ceived and filed and referred to City
Manager and Staff. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Petition of C. Robert Justmann reo
questing the Council to direct condem-
nation proceedings against the Milwau-
kee Railroad property at 4th & Central
Ave. to eliminate an eyesore, presented
and read.
C. Robert .Justmann and George
Rauchenecker spoke to the petition.
Council Member Wertzberger moved
that the petition be received and filed
and referred to the Council, City Man-
ager and City Attorney. Seconfied by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Mr. Rauchenecker spoke relative to a
possible Key City Railroad which could
run from Dubuque to Dyersville on the
Regular Session, February 6,1978
Section 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Section 3. That the herein described
property has become part of the Twen-
ty-fourth Voting Precinct of the City of
Dubuque, Iowa.
Passed, adopted, and approved this
7th day of February, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 10th day ofFeb-
ruary 1978.
56
Leo F. Frommelt
City Clerk
January 24, 1978
Honorable Mayor and
City Council
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on the petition of Nicolai-Marx
Developers of LaCrosse, Wisconsin, to
reclassify Lots 34, 35, 36, 83, 84, 90, 91,
92, 93, 94, 95, 96, 97, and 98 in A. P.
Woods Addition and the northerly half
of Bellevue Street vacated, all in the
City of Dubuque, Iowa, from R-2 Resi-
dential District to R-5 Residential Dis-
trict classification. The property is locat-
ed off of Blake Street between Kirkwood
and Locust Streets. If the property is re-
classified, the petitioners _ propose to
construct multiple-family units on it.
The site consists of two plus acres of
rocky, flat area near the top of the bluff
which runs between Locust and Kirk-
wood Streets. It is accessible only from
Kirkwood Street via the unimproved
but dedieated right-of-way of Blake
Street. The area in which the site is lo-
cated and through which it has its only
access is zoned and used almost exclu-
sively for single-family residences.
After hearing the evidence and testi-
mony presented, the Commission has de-
termined that the introduction of a high-
density. multiple-family use on the site,
as proposed by this petition, would be in-
1t 2/10
Council Member Wertzberger moved
final adoption of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
59
tion Basin.
BE IT THEREFORE RESOLVED
that the City Council 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, ob-
jections to the amount of the cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be con-
structed and done in accordance with
the plans and specifications which have
been approved by the City Council and
are now on file with the City Clerk.
That the cost and expense of making
said improvement will be paid partially
from the Sanitation Fund (05-0832-2433-
00) and partially from the Revenue
Sharing Fund (41-0832-2433-001.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 7th day of
February, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
approval of the Resolution. Seconded
by Council Member King. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
Ae-SOLUTION NO. 44.78
Preliminary Estimate on removal
and disposal of silt and debris from the
W.32nd Street Detention Basin, in the
amount of $30,392.50. presented and
read. Council Me~ber Wertzberger
moved adoption ot-the Resolution. Se-
conded by Council Member King. Car-
ried by the. following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
(FIXING DATE OF HEARING:
RESOLUTION NO. 45.78
WHEREAS, the City Council 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 of-
fice of the City Clerk for public inspec-
tion for the removal and disposal of silt
17, 1978
ger.
Nays-none.
To the Honorable
and City Council
Enclosed are the preliminary plans,
specifications and estimate for removal
and disposal of silt and debris from the
W. 32nd Street Detention Basin.
Gilbert D. Chavenelle
City Manager
Coucil Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member
King. Carried by the following vote:
Yeas--:-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
(Necessity lor Improvement)
RESOLUTION NO. 43.78
WHEREAS, proposed plans, specifi-
cations, and form of contract have been
duly prepared and approved by the Ci-
ty Council 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 plan of such improvement
(2) An estimate of the cost of the im-
provement
for the removal and disposal of silt and
debris from the W. 32nd Street Deten-
January
Mayor
January 25,
To the Honorable Mayor
and City Council
This is to advise you that the Schmitt
Harbor Municipal Boat Ramp Project
has been completed in accordance with
the City of Dubuque plans and specifica-
tions.
I, therefore, recommend the accep-
tance of the above named project.
Gilbert D. ChavenelIe
City Manager
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
FINAL ESTIMATE
Resolution No. 41.78
WHEREAS, the contract for the
Schmitt Harbor Municipal Boat Ramp
Project has been completed and the Ci-
ty Engineer has submitted his final
estimate showing the cost thereof in-
cluding the cost of estimates, notices,
inspection, and preparing the assess-
ment and plat, now therefore,
'BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $36,832.52.
That none of the cost thereof shall be
assessable upon private property and
$36,832.52 shall be paid from the Local
Public Works Fund of the City of Dubu-
que.
Passed, adopted, and approved this
7th day of February, 1978,
Richard Wertzberger
D. Michael King
Carolyn Farrell
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Council Members Brady, Far-
rell, King, Wertzberger.
Nays-none.
Abstain-Mayor Tully.
(A Resolution
Accepting Improvement)
RESOLUTION NO. 42.78
WHEREAS, the contract for the
Schmitt Harbor Municipal Boat Ramp
Project has been completed and the Ci-
ty Manager has examined the work and
Regular Session, February 6,1978
filed his certificate stating that the
same has been completed according. to
the terms of the contract, plans and
specifications and recommends its ac-
ceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that the
recommendation of the City Manager
be approved and that said improvement
be and the same _i~_Jt_t:.~~_~_ accepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Local Public Works Fund in amount
equal to the amount of his contract, less
any retained percentage provided for
therein.
Passed, adopted, and approved this
7th day of February, 1978.
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
Regular Session, February 6,1978
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
1978
58
Said matter was referred to the City
Attorney's office which has interposed
appropriate defenses thereto and that
on the 19th day of January, 1978 said
matter was dismissed by order of the
District Court in and for Dubuque Coun-
ty, Iowa for want of prosecution on the
part of the plaintiff, and costs assessed
to the plaintiff.
That said matter has been effectively
disposed of at no cost to the City of Du-
buque.
Original Notice with Petition attach-
ed is enclosed herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
January 24, 1978
Honorable Mayor and
City Council
On November 26, 1976, Robert J.
O'Brien, Chief of Police of City of Dubu-
que, Iowa was served with Summons
with copy of Complaint attached filed in
the U.S. District Court for the Northern
District of Iowa (Eastern Division) being
Civil No. C 76-1019, being a claim alleg-
ing discriminatory practice wherein
Jane Pitts.Smith, Maria McAllister and
JaVaune Adams were plaintiffs and
Robert J. O'Brien was one of the named
defendants. Said Complaint alleged said
discriminatory acts occurred on March
17, 1976 and March 18,1976 at the Carni-
val Lounge in the City of Dubuque, Iowa.
Plaintiffs prayed for compensatory dam-
ages in the amount of $20,000.00 plus
$10,000.00 punitive damages, jointly and
severally, plus court costs and attorney
fees.
This matter was referred to the City
Attorney's office who has filed appropri-
ate defenses thereto. Said matter has
been disposed of at no expense to the
City by the filing by the defeqdants of
Motion for Order Allowing Voluntary
Dismissal of Action against Robert J.
O'Brien and Stipulation of Dismissal in.
said Court on January 17,1978. Copies of
said pleadings are attached hereto and
said matter is concluded as relates to de-
fendant, Robert J. O'Brien.
R. N. Russo
Ci!y Attorney
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
~,
~",
61
follow-
ger.
Nays-none.
Communication of City Manager sub-
mitting summary of the meeting of
January 25th conducted by the Budget
Review Committee relative to the pos-
sible uses of General Revenue Sharing
Funds (Proof of Publication attached),
presented and read. Council Member
Wertzberger moved that the communi-
cation be referred to the Council.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
Member Farrel the
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
Communication of Assistant City
Manager submitting a request from the
North Dubuque Improvement Ass'n.
requesting a change in the name of
their representative to the Community
Development Commission, presented
and read. Council Member Wertz-
berger moved that the communication
be referred to the Council. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
Regular Session, February 6,1978
Carried by
ber Wertzberger moved that the min-
utes be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
Communication of Housing Rehabili-
tation Commission submitting minutes
of their meeting of January 24, 1978,
presented and read. Council Member
Wertzberger moved that the minutes
be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
January 31,1978
Honorable Mayor and
Members of the City Council
In accordance with the provisions of
Chapter 400 of the Code of Iowa, 1977,
the Civil Service Commission conducted
written examinations on November 29,
1977 and physical agility tests on
January 12, 1978 for applicants to the
Fire Department.
The following named applicants are
hereby certified and are to be consider-
ed for appointment in the following
order.
ger.
Nays-none.
ger.
Nays-none.
Communication of Municipal Airport
Manager recommending Dale Grashorn
to fill a vacancy on the Airport Zoning
Commission, presented and read. Coun-
cil Member Wertzberger moved that
the communication be referred to the
Council. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
Communication of the Housing Com-
mission supporting the development of
an RRA for all municipalities in the
region except the City of Dubuque, pre-
sented and read. Council Member
Wertzberger moved that the communi-
cation be referred to the Council.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
Regular Session, February 6, 1978
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays - none.
Communication of DMA TS submit-
ting minutes of their meeting of De-
cember 15, 1977, presented and read.
Council Member Wertzberger moved
that the minutes be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays - none.
Communication of Playground and
Recreation Commission submitting
minutes of their meeting of January 9,
1978, presented and read. Council Mem-
ber Wertzberger moved that the min-
utes be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
Communication of Housing Commis-
sion submitting minutes of their meet-
ing of January 17, 1978, presented and
read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
60
and debris from the W.
tention Basin.
BE IT THEREFORE RESOLVED
that on the 20th day of February, 1978,
a public hearing will be at 7:30 p.m. in
the Council Chamber of the City of Du-
buque at which time the objectors for
the proposed improvement may appear
and make objections to the proposed
plans and specifications, form of con-
tract and cost of said improvement, and
the City Clerk be and he is hereby di-
rected to cause a notice of time and
place of such hearing to be published in
some newspaper published in the City
of Dubuque, Iowa which shall be not
less than four days nor more than twen-
ty days prior to the day fixed for its con-
sideration, and the City Clerk be and he
is hereby directed to have published
the notice of pendency for said improve-
ment, and the City Clerk is hereby di"
rected to advertise for proposals to the
contractors for the construction of the
above mentioned improvement.
Passed, adopted, and approved this
7th day of February, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
32nd Street De-
Imhof, James
Kaune, Michael M.
Huberty, Craig M.
Miller, Richard
Brown, Everett Daniel
Cook, Mark T.
Peterson, Rand G.
Fischer, Louis A. III
Buechele, Anthony C.
Munter, Ronald D.
The above list is comprised of the first
ten applicants who have passed the writ-
ten and physical agility examinations.
A second list is also available, if need-
ed, to fill requirements for the next year,
in the event the above list is exhausted
ger.
Nays - none.
Communication of City Manager ad-
vising of a tentative agreement with
DEQ on procedures for adding fluoride
in response to a condition to be met in
the Water Treatment Plant Expansion,
presented and read. Council Member
Wertzberger moved that the com-
munication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
ger.
Nays-none.
Communication of Planning & Zoning
Commission submitting minutes of
their meeting of January 18, 1978, pre-
sented and read. Council Member
Wertzberger moved that the minutes
be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
Communication of Human Rights
Commission submitting, minutes of
their meetings of December 21, 1977
and January 18, 1978, presented and
read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
Communication of Five Flags Center
Commission submitting minutes of
their meetings of January 10 and Jan-
uary 24, 1978, presented and read.
Council Member Wertzberger moved
that the minutes be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem*
bers Brady, Farrell, King, Wertzber-
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays-none.
Communication of Finance Director
submitting annual Financial Report for
year ending June 30, 1977, presented
and read. Council Member Wertzber-
ger moved that the communication be
received and filed. Seconded by Council
ger.
Nays - none.
Communication of Airport Commis-
sion submitting minutes of their meet-
ings of January 12 and January 26,
1978, presented and read. Council Mem-
ger.
Nays-none.
Communication of Dock Commission
submitting minutes of their meeting of
January 29, 1978, presented and read.
Council Member Wertzberger moved
that the minutes be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
- - -.------..
63
'--""""""'-~"-"""
~ .. ---.--------
Regular Session, February 6,1978
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Mrs. Gary Schmitt,
on behalf of Nancy Schmitt, a minor, for
personal injuries received in a fall as the
resu1t of defective floor tile at the San
Jose swimming pool on January 8,1978,
presented and read. Council Member
Wertzherger moved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Norma J. Mills, in
the amount of $96.79, for car damages in-
curred as the result of driving into a
chuckhole in J.F.K. Road on January 14,
1978, presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City Solicitor
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Joseph J. Welbes,
in the amount of $37.58 for car damages
incurred as the result of driving into a
projected curb at 17th Elm Streets on
January 16, 1978, presented and read.
Council Member Wertzberger moved
that the Notice of Claim be referred to
the City Solicitor for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Richard J. Kieffer,
in an undetermined amount, for car dam-
ages incurred as the result of driving in-
to a chuckhole at 789 University Ave. on
December 23, 1977, presented and read.
Council Member Wertzberger moved
that the Notice of Claim be referred to
the City Solicitor for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Michael & Connie
Tschudi, in the amount of $770., for per.
sonal property damage incurred as the
result of city crew flushing main sewer
on Althauser Street on January 11, 1978,
presented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of Mary Nelson, in the
amount of $40.85, for car damages incur-
red as the result of driving into a chuck-
hole on J.F.K. Road on January 8,1978,
presented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim Of Fred Schilt, in the
amount of $13.17, for car damages incur-
red as the result of driving into a chuck-
hole in J.F.K. Road on January 8, 1978,
presented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of James E. Mitchell
Sr., in the amount of $41.77 for car dam-
ages incurred as the result of driving in-
to a chuckhole in J.F.K. Road on January
7, 1978, presented and read. Council
Member Wertzberger moved that the
Notice of Claim be referred to the City
Solicitor for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Timothy P. Las.
sance, in the amount of $63.91, for car
damages incurred as the result of driv-
ing into a chuckhole in J.F.K. Road on
January 8, 1978, presented and read.
Council Member Wertzberger moved
that the Notice of Claim be referred to
the City Solicitor for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem.
bers Brady, FarrelI,King, Wertzberger.
Nays-none.
Notice of Claim of Angela M. Pitz, in
an undetermined amount, for personal
injuries received in a fall on an icy side-
walk at 11th & Main Streets on January
3, 1978, presented and read. Council
Member Wertzberger moved that the
Notice of Claim be referred to the City
Solicitor for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Regular Session, February 6,1978
Member Wertzberger moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of City Manager sub-
mitting reports of the City Treasurer,
Finance Director, Water Superinten-
dent, Health Department, also list of
Z. D. Hantelmann claims for month of December ,1977, pre-
Notary Public sented and read. Council Member Wertz-
Council Member Wertzberger moved berger moved that the communication
that the communication be received and be received and filed. Seconded by Coun-
filed and made matter of record. Second- cil Member Farrell. Carried by the fol-
ed by Council Member Farrell. Carried lowing vote:
by the following vote: Yeas-Mayor Tully, Council Mem-
Yeas-Mayor Tully, Council Mem- bersBrady,Farrell,King, Wertzberger.
bers Brady, Farrell, King, W ertzberger. Nays - none.
Nays-none. Proof of 'Publication, certified to by
Communication of City Manager re- the Publisher, of Expenditures and Re-
turning street light petition of Lorraine ceipts, also list of claims paid for month
Oster et al r.equesting a street light on of December, 1977, presel).ted and read.
Kelly Lane which seems to be premature Council Member Wertzberger moved
as the location area requested is' at the that the proof of publication be received
corner of an unconstructed proposed and filed. Seconded by Council Member
street, presented and read. Council Farrell. Carried by the following vote:
Member Wertzbergermoved that the Yeas-Mayor Tully, Council Mem-
communication be received and filed. bersBrady, Farrell, King, Wertzberger.
Seconded by Council Member Farrell. Nays-none.
Carried by the following vote: Notice of Hearing from District Court
Yeas-Mayor Tully, Council Mem- to determine exact nature of the judg-
bersBrady,Farrell,King,Wertzberger. ment entered relative to plat of Iowa
Nays-none. Northwestern Development Company,
Communication of Peoples Natural presented and read. Council Member
Gas advising of an adjustment in rate in- Wertzberger moved that the Notice be
crease of .821 ~ on bills issued on and referred to the City Solicitor for investi-
after February 1, 1978 in lieu of 1.126' gation and report. Seconded by Council
mentioned in November 23, 1977 notice, Member Farrell. Carried by the follow.
presented and read. Council Member ing vote:
Wertzberger moved that the communi- Yeas -Mayor Tully, Council Mem-
cation be received and filed. Seconded bers Brady, Farrell,King, Wertzberger.
by Council Member Farrell. Carried by Nays-none.
the following vote: Notice of Claim of Beverly J. Spahn, in
Yeas-Mayor Tully, Council Mem. the amount of $94.88 for car damages in-
bersBrady,Farrell;King, Wertzberger. curred as the result of driving into a
Nays-none. chuckhole on J.F.K. Road on January 8,
Communication of Five Flags Center 1978, presented and read. Council Mem-
Building Committee expressing thanks ber Wertzberger moved that the Notice
for the outstanding service award and of Claim be referred to the City Solicitor
appointing Mayor Tully in place of for- for investigation and report. Seconded
mer mayor, as Council representative, by Council Member Farrell. Carried by
presented and read. Council Member the following vote:
Wertzberger moved that the communi- Yeas-Mayor Tully, Council Mem-
cation be referred to Council. Seconded, bers Brady, Farrell, King, Wertzberger.
by Council Member Farrell. Carried by ! Nays-none.
the following vote: ' Notice of Claim of Thomas J. Tujetsch,
Yeas - Mayor Tully. Council Mem- in the amount of $161.50, for car damages
bers Brady, Farrell, King, Wertzberger. incurred as the result of driving into a
Nays-none. chuckhole on J.F.K. Road on January 8,
Communication of Planning & Zoning 1978, presented and read. Council Mem-
Commission advising that the rezoning ber Wertzberger moved that the Notice
petition submitted by George L. Guthrie of Claim be referred to the City Solicitor
at 2017 University Ave., has been with- for investigation and report. Seconded
drawn, presented and read. - Council i by Council Member Farrell. Carried by
me
(Seal
62
John E. Hess
Chairman
Frieda Luther
Richard Zimmer
Civil Service Commissioners
ATTEST:
Leo F. Frommelt
Clerk
Subscribed and sworn to before
this 7th day of February 1978.
~
~'
65
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none. .
Petition of Northwestern Bell re-
questing permission to excavate in a por-
tion of a ten year street on University at
the alley east of Alta Vista Street, pre-
sented and read. Council Member
Wertzberger moved that the request be
approved. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO. 46.78
Resolution Approving the Plat of Lot 1
and Lot 2 of Lot 1 01 Lot 1 01 Lot 1 01 Lot
1 of Lol1 of Lot 1 of Lot 2 of Bebcock's
Addition In the City of Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Suhdivision
ofLnt I of Lot I of Lot I of Lot I of Lot I
of Lot 1 of Lot 2 of "Babcock's Addition"
to be known as Lot 1 and Lot 2 of Lot 1 of
Lot I of Lot 10fLot I of Lot I of Lot I of
Lot 2 of "Babcock's Addition" in the City
of Dubuque, Iowaj and
WHEREAS, said plat has been exam-
ined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been exam-
ined by the City Council and they find
that same conforms to statutes and ordi-
nances relating thereto:
NOW THEREFORE BE ITRESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Plat of the subdivi-
sion of Lot 1 and Lot 2 of Lot 1 of Lot 1 of
Lot I of Lot I of Lot I of Lot I ofLot2of
"Babcock's Addition" be and the same is
hereby approved and the Mayor and
City Clerk are hereby authorized and di-
rected to endorse the approval of the
City of Dubuque, Iowa, upon said plat.
Passed, adopted, and approved this
7th day of February, 1978,
Thomas A, Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Regular Session, February 6,1978
berger moved that the Notice of Claim
be referred to the City Solicitor for in-
vestigation and report. Seconded by
Council Member Farrell. Carried by the
following vote: .
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Suit of Dale Wernecke for
petition to quiet title to Nly lh of vacated
Bellevue Street as abutting Lots 90, 91.
92, 93, 94, 95, 96, 97 and 98 and Sly 'h of
Bellevue Street as abutting Lots 88 and
84 in Wood's Addn., presented and read.
Council Member Wertzberger moved
that the Notice of Suit be referred to the
City Solicitor for investigation and re-
port. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Petition of Earl McClain requesting
permission to install street lights in Mc-
Clain's Sub., presented and read. Coun-
cil Member Wertzberger moved that the
petition be referred to the City Manager
and Electrical Inspector for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Petition of Peter Takas Jr. requesting
vacation and right to purchase a platted
20' alley in Industrial Sub. #2, presented
and read. Council Member .Wertzberger
moved that the petition be referred to
City Manager and Engineer for proper
proceedings. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Petition of Peoples Natural Gas re-
questing permission to excavate in
Cherokee Drive, presented and read.
Council Member Wertzberger moved
that the petition be approved. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Petition of Robert T. Specht request-
ing a street light on the lower end of Glen
Oak Street, presented and read. Council
Member Wertzberger moved that the
petition be referred to the City Manager
and Electrical Inspector for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
.fng vote:
Regular Session,February 6,1978
of Claim be referred to the City Solicitor
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of James L. Pihart,
in the amount of $950., for foundation
damages incurred at 2115 Simpson
Street as the result of a leaking hydrant
detected on December 21,1977, present-
ed and read. Council Member Wertzber-
ger moved that the Notice of Claim bere-
ferred to the City Solicitor for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Bertha Vesperman,
in the amount of $222.44 for car damages
incurred as the result of driving into a
chuckhole in J.F.K. Road on January 8,
1978, presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City Solicitor
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Notice of Claim of Glen J. Goffinet, in
the estimated amount of $842.76, for car
damages incurred as the result of a
broken water main on Lowell Street on
January 17, 1978, presented and read.
Council Member Wertzberger moved
that the Notice of Claim be referred to
the City Solicitor for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Notice of Claim of Amanda Rowell, in
the amount of $245.57 plus, for personal
injuries received in a fall on an icy area
near Sears Store on January 19, 1978,
presented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Notice of Claim of Christopher J.
Green, in the amount of $86.00, for car
damages incurred as the result of driv-
ing into a large stone in the street at 708
Dodge Street on January 8, 1978. pre-
sented and read. Council Member Wertz-
_._-
64
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Bernice Ostrander,
in the amount of$15,OOO., for personal in-
juries received in a fall on an icy side-
walk at 980 Main Street on November
80, 1977, presented and read. Council
Member Wertzberger moved that the
Notice of Claim be referred to the City
Solicitor for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Notice of Northwestern National In-
surance Group in the amount of $747.,
for a broken plate glass window at the
Nesler Center as the result of a City Em-
ployee mowing grass with a rotary
mower when a rock was thrown thru the
window on July 16, 1977, presented and
read. Council Member Wertzberger
moved that the Notice be referred tothe
City Solicitor for investigation and re-
port. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Suit of David M. Kohl, a
minor, by James P. Kohl, in the amount
of $14,800., as the result of personal in-
juries received by said minor while
swimming in the municipal pool while
crawling up a gate on July 25, 1977,
presented and read. Council Member
Wertzberger moved that the Notice of
Suit be referred to the City Solicitor for
investigation and report. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Walser Movers Inc., in the
amount of $1759.26, for services per-
formed for Crewmasters Inc. in the con-
struction of Water Plant under contract
to J.P. Cullen Co., presented and read.
Council Member Wertzberger moved
that the Notice be referred to the City
Solicitor for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Duane Brown, in
the amount of $81.85, for car damages in-
curred as the result of driving into a
chuckhole in J.F.K. Road on January 8,
1978, presented and read. Council Mem-
ber Wertzberger moved that the Notice
-'-'-"-,.,.";'"",,"',
~
67
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Adopted
1978
1978
Leo F. Frommelt
City Clerk
Members
Counc
Regular Session, February 6,1978
Approved
Passed, adopted, and approved this
7th day of Fehruary, 1978,
Thomas A. Tully Jr,
Mayor
Richard Wertzberger
D. Michael King
James,E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO, 51-78
WHEREAS, applications for Liquor
Licenses were filed by the within named
applicants and they have received the
approval of this Council; and
WHEREAS, the premises to be occu-
pied by such applicants were inspected
and found to comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
NOW THEREFORE BE IT RESOLV-
ED hy the City Council of Duhnque,
Iowa, that the Manager be authorized to
eause to be issued to the following nam-
ed applicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Neldia Jane Fitzgibbons (Sunday
Sales Only), 1700 Central A venue.
Evelyn A. Hinkel (Also Sunday Sales),
2417 Rhomberg A venue
Beverly Ann Larsen (Also Sunday
Sales), 1701 Central Avenue.
Passed, adopted, and approved this
7th day of Fehruary, 1978.
Thomas A. Tully Jr.
Mayor
Riehard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
There being no further business,
Council Member Wertzberger moved to
adjourn. Seconded by Council Member
Farrell. Carried by the following vote:
Regular Session, February 6,1978
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO. 49-78
WHEREAS, applieations for Beer
Permits were filed by the within named
applicants and they have received the
approval of this Council; and
WHEREAS, the premises to be occu-
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and they have filed proper
bonds;
NOW THEREFORE BE IT RESOLV-
ED hy the City Council of the City of Du-
buque, Iowa, that the Manager be au-
thorized to cause to be issued to the fol-
lowing named applicants a Beer Permit.
CLASS "B" BEER PERMITS
Pizza Hut of Dubuque (Also Sunday
Sales), 2075 John F. Kennedy Road,
RESOLUTION NO. 47.78
RE IT RESOLVED hy the City Coun-
cil of the City of Dubuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of Cig-
arettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Richard L. and Patricia A. Klossner,
1875 John F. Kennedy Road.
Kevin Schlosser, 2195 Central
Ave-
nue.
Passed, adopted, and approved this
7th day of February, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Couneil Members
66
ATTEST:
City Clerk
ATTEST:
Leo F. Frommelt
City Clerk
CLASS "C" BEER Permits
Patricia Anne Klossner (Also Sunday
Sales), 1875 John F. Kennedy Road,
Passed, adopted, and approved this
7th day of Fehruary, 1978,
Thomas A, Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seeonded by
Mayor Tully. Carried by the following
vote:
Yeas-
bers Brad
Nays-
RESOLUTION NO, 50.78
WHEREAS, applications for Liquor
Lieenses have been submitted to this
Council for approval and the same have
been examined:
NOW THEREFORE BE IT RESOLV-
ED hy the City Council of the City ofDu-
buque. Iowa, that the following appli-
cations be approved and licenses issued
upon the compliance with the provisions
of Chapter 131, Acts of the First Regular
Session, 64th General Assembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Neldia Jane Fitzgibbons (Sunday
Sales Only), 1700 Central A venue.
Evelyn A, Hinkel (Also Sunday Sales),
2417 Rhomberg Avenue
Beverly Ann Larsen (Also Sunday
Sales), 1701 Central Avenue.
Mayor Tully, Council Mem-
y, Farrell, King, W ertzberger.
none.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Mayor Tully. Carried hy the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO. 48.78
WHEREAS, applications for Beer
Permits have been submitted to this
Council for approval and the same have
been examined;
NOW THEREFORE BE IT RESOLV-
ED hy the City Council of the City of Du-
buque, Iowa, that the following applica-
tions be granted and permits issued
upon the complianee with the terms of
the Ordinances of the City.
CLASS "B" BEER PERMITS
Pizza Hut of Dubuque (Also Sunday
Sales), 2076 John F, Kennedy Rd,
CLASS "C" BEER PERMIT
Patricia Anne Klossner (Also Sunday
Sales), 1875 John F, Kennedy Rd,
Passed, adopted, and approved this
7th day of Fehruary, 1978.
Thomas A, Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Couneil Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Mayor Tully. Carried by the following
vote:
hearing on General Revenue Sharing
Funds simultaneously with Budget
Hearing, presented and read. Council
Member Wertzberger moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
RESOLUTION NO. 52.78
Setting the Date of Public Hearing on
the Flscsl Year 1979 Budget for the
City of Dubuque, Iowa,
WHEREAS, Section 384.16 of the
Code of Iowa provides that the City
Council shall set a time and place for pub-
lic hearing on the budget before the final
certification date and shall publish no-
tice before the hearing as provided in
Section 362.3 of the Code of Iowa.
NOW THEREFORE BE IT RESOLV.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City Council shall
conduct a public hearing on the proposed
1978.79 budget at City Council Cham.
bers, City Hall, 13th and Central, Dubu-
que, Iowa, on Monday, March 13, 1978
beginning at 7:30 p.m.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
publish according to law Notice of Public
Hearing together with the required bud-
get information documents.
Passed, adopted, and approved this
20th day of February, 1978,
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
69
Special Session, February 20,1978
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady t Farrell, King, Wertzberger.
Nays-none.
ASSUMPTION OF COST AND
MATCHING RESOLUTION NO, 53-78
WHEREAS, the Law Enforcement
Assistance Administration has made
federal financial assistance available
through the Iowa Crime Commission for
criminal justice programs-; and
WHEREAS, the applicant unit of gov-
ernment or agency is desirous of making
application for said financial assistance
for the heretofore mentioned project;
and
"Co".
COUNCIL
OFFICIAL
Special Session, February 20, 1978.
Council met at 7:30 P,M. (C.S.T,I.
Present- Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
City Manager Gilbert D. Chavenelle.
Mayor Tully read the call and stated
that service thereof had been duly made
and this Meeting is called for the pur-
pose of SETTING A DATE OF PUBLIC
HEARING ON THE FISCAL YEAR
1979 BUDGET and acting upon such
other business as may properly come
before a Regular Meeting of the Council.
Invocation was given by Rev. Andrew
Opedahl, Pastor of St. John's Lutheran
Church.
Proclamations proclaiming Week of
March 12th to 18th, 1978 as "Girl Scout
Week" and Week of February 20,1978 as
"Sertoma's Freedom Week" were read,
approved and signed by Mayor Tully.
Council Member W ertzberger moved
to suspend the rules to let anyone pres-
ent address the Council if they so desire.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Communication of Chamber of Com~
merce requesting permission to close
Volunteer Drive off Hawthorne Street
and south of Lincoln Street intersection
for citizens to view the American Wind
Symphony Floating Arts: also parade,
antique car show etc., on June 16th &
17th, 1978, presented and read.
Harvey Schmitt of Chamber of Com-
merce spoke to the communication.
Council Member Wertzberger moved
that the request be approved subject to
coordination of the City Manager. Se-
conded by Council Member King. Car~
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Communication of City Manager sub-
mitting the necessary documentation re-
quired to be published in connection
with the public hearing on the FY '79
Budget scheduled for March 13, 1978,
presented and read. Council Member
Wertzberger moved that the communi-
cation be received and filed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of City Manager ad-
vising of the publication of a notice of
.~~.."
CITY
Special Session, February 13,1978
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
68
CITY COUNCIL
Leo F. Frommelt
City Clerk
OFFICIAL
Special Session, February 13, 1978.
Council met at 4:30 P.M. (C,S,T.l
1978
1978
Members
Counci
Approved
Adopted
Present - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
City Manager Gilbert D. Chavenelle.
Mayor Tully read the call and stated
that notice thereof had been duly made
and this meeting is called for the purpose
of ACTING UPON SUCH BUSINESS
AS MAY PROPERLY COME BEFORE
THE MEETING.
ATTEST:
City Clerk
Communication of City Manager sub-
mitting the budget recommendation for
the Fiscal Year July I, 1978 to June 30,
1979 and including an estimate for se-
cond year July I, 1979 to June 30, 1980,
presented and read. Council Member
Wertzberger moved that the communi-
cation be received and filed. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Council Member Wertzberger moved
that a list of vacancies presently existing
on Boards and Commissions be made
available to' expedite appointments
where necessary at this time. Seconded
by Council Member King. Carried by the
following vote:
Council Member Wertzberger moved
to direct a review of the status of all
Boards and Commissions of the City sug-
gesting the appointment of a Committee
to be chaired by Council Member Far-
rell, to be composed of the City Clerk and
three other persons, to define duties and
purposes and to review the overall sys-
tem. Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
71
certain real estate owned by the City of
Dubuque in the event the Iowa Depart-
ment of Transportation acquires real es-
tate presently owned by Klauer Manu-
facturing Company; and
WHEREAS, the parties have agreed
to the terms and conditions of said option
agreement; and
WHEREAS, a true copy of said writ-
ten option agreement marked Exhibit
"A" is hereto attached and by reference
made a part hereof; and
WHEREAS, City Council of the City
of Dubuque finds that said option agree-
ment should be approved:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the proposed option
agreement by and between the City of
Dubuque and Klauer Manufacturing
Company be and the same is hereby ap-
proved.
Section 2. That the City Clerk he and
he is hereby directed to publish notice of
intent to dispose of interest in real es-
tate as is by law required.
Passed, adopted, and approved this
20th day of February,I978,
Thoma. A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
PUBLIC NOTICE
Pursuant to Title I of the Housing and
Community Development Act of 1974,
the City of Dubuque submitted an Annu-
al Performance Report to the U.S. De-
partment of Housing and Urban Devel~ ATTEST:
opment for the Second Year Program. Leo F. Frommelt
The report was accepted for processing City Clerk
by the Federal government on February Council Member Wertzberger moved
10, 1978. adoption of the Resolution and set
A copy of the Anl1ual Performance Re- March 13, 1978 as date of Public Hear-
port is on file in the office of the City ing. Seconded by Council Member King.
Clerk, City Hall. Dubuque, Iowa and in Carried by the following vote:
the office of the Department ofCommu- Yeas-Mayor Tully, Council Mem-
nity Development, 480 Fischer Building, bers Brady. Farrell, King, W ertzberger.
Dubuque, Iowa. The report is available Nays-none.
for inspection by all interested parties. Petition of Frank E. Kelly requesting
Monday through Friday between the vacation of a portion of Levi Street from
hours of 8:00 A.M. to 5:00 P.M.. Satur- the Southwest right-of-way of Samuel
days, Sundays and holidays excluded. Street to the W.P.L. of Lot 53 in South
Leo F. Frommelt Avenue Addition, presented and read.
City Clerk Council Member Wertzberger moved
Council Member Wertzberger moved that the request be approved. Seconded
adoption of the Resolution. Seconded by by Council Member Farrell. Carried by
Council Member Brady. Carried by the the following vote:
following vote: Yeas-Mayor Tully, Council Mem-
Yeas-Mayor Tully, Council Mem- bersBrady,Farrell,King, Wertzberger.
bers Brady; Farrell, King. Wertzberger. Nays _ none.
Nays-none. Communication of City Manager rec-
RESOLUTION NO. 56.78 ommending vacation and, sale of a por-
WHEREAS. the City of Dubuque has tion of Levi Street from Samuel to
been negotiating with Klauer Manufac- W.P .L. of Lot 63 in South Avenue Addi-
turing Company concerning an Option tion. presented and read. Council Mem-
Agreement giving said Klauer Manufac- ber Wertzberger moved that the 'com-
turing Company an option to purchase munication be received and filed.
Special Session, February 20,1978
Development Program that the Annual
Performance Report has been submitted
and is available to interested parties
upon request; and
WHEREAS, Section 570,906 (c) re-
quires that there be public notice of the
availability of the Annual Performance
Report for inspection by the public; now
therefore:
BE IT RESOLVED BY THE.CITY
COUNCIL OF THE CITY OF DUBU.
QUE,IOWA:
Section 1. Be it resolved that the City
Clerk be and he is hereby authorized and
directed to publish in the Dubuque Tele~
graph Herald, a newspaper of general
circulation within the City,-public notice
in the form of Exhibit A attached hereto
and made a part hereof.
Passed, adopted, and approved this
20th day of February, 1978.
Thoma. A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Special Session, February 20,1978
RESOLUTION NO. 54.78
A Resolution Granting Easement to In.
terstate Power Company
WHEREAS, Interstate Power Com-
pany, a Delaware Corporation, has plans
for the installation of a transmission line
from the southerly edge of Area "C" to
its power plant on Kerper B6ulevard for
serving the electrical needs of the City of
Dubuque; and
WHEREAS, the proposed route of
the new transmission line will be on or
crossing city property in the proximity
of 12th Street and Kerper Boulevard and
along the easterly edge of city property
used for the public works facilities.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1, That the Mayor and the
City Clerk be authorized to sign the
easement form granting Interstate Pow-
er Company a perpetual easement for
the installation of a transmission line
from the southerly edge of Area "C" to a
point 570' west of Kerper Boulevard on
12th Street and granting Interstate
Power Company a temporary easement
for the installation of a transmission line
on the easterly edge of the property now
used by the city for public works facili-
ties.
Passed, adopted, and approved this
20th day of Fehruary, 1978,
Thoma. A. Tully Jr,
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bersBrady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO. 55-78
Authorizing Publication of Notice of
Avellablllty for Public Inspection Cer.
taln Community Development Block
Grant Documents
WHEREAS, under date of February
10, 1978, the Annual Performance Re-
port was accepted by the U.S. Depart-
ment of Housing and Urban Develop-
ment for processing; and
WHEREAS, Section 570.308 (hi (2) (III)
of the Community Development Block
Grant Program requires that provision
shall be made to inform citizens involved
in or affected by the local Community
'~"~"'~:o-'<='
70
WHEREAS, the applicant unit of gov-
ernment or agency is aware of the eost
assumption policy for continued federal
assistance established by the Iowa
Crime Commission and the Northeast
Iowa Area Crime Commission (if appli-
cable); and
WHEREAS, the following ratios of
federal assistance have previously been
provided for this project by the Iowa
Crime Commission:
Grant 1# Months Fed. % Non-Fed.
702-76.06.3101-
-21.02 11.5 76.12 23.88
aod
WHEREAS, the following funding
ratios identify theprojected number of
years support (12 month funding peri-
ods) desired by the applicant in accord
with Iowa Crime Commission policy:
Project Period Fed. % Non-Fed.
Mar. 1, 1978--Feb. 28, 1979 32.08 67.92
THEREFORE BE IT RESOLVED
THAT the City of Dubuque will provide
during the approved project period ap-
propriated cash funds in the amount 01
$27,275.00 to match Iowa Crime Com-
mission support for the project entitled
Patrol Investigators; and
THEREFORE BE IT FURTHER RE-
SOLVED THAT the Duhuque Police
Dept. will provide for the total assump-
tion of costs for said project in the De-
partment's budget at the termination of
2 years of federal support in accord with
Iowa Crime Commission policy pro-
viding that said project proves to be a
benefit to the applicant unit of govern-
ment and warrants continuation.
Passed, adopted, and approved this
20th day of February,1978,
Thoma. A, Tully J r,
Mayor
Leo F. Frommelt
City Clerk
Couneil Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing to
consider transmission line easements to
the Interstate on Area "C" and from 9th
Street substation, presented and read.
No written objections were filed and no
oral objectors were present in the Coun-
cil Chamber at the time set for the hear-
ing.
Council Member Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
"":
73
specifications or contract for or cost of
the improvement herein described and
proposed to be made; "and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have been
duly weighed and considered; now,
therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, that all objec-
tions which have been made and filed to
the plans, specifications, contract for or
cost of said improvement herein describ-
ed and proposed to be made, be and the
same hereby overruled and such plans,
specifications and form of contract here-
tofore approved are hereby adopted.
BE IT FURTHER RESOLVED that
this resolution eontaining the decision of
this Couneil upon all objections which
have been filed to the plans, specifica-
tions and form of cost said improvement
be made a matter of permanent record in
connection with said improvement.
Passed, adopted, and approved this
20th day of February, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Council Members
Member Farrel
(Ordering Construction)
RESOLUTION NO, 59-78
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU.
QUE that pursuant to a Resolution of
Necessity No. 43-78 which was duly
passed by this Council for the removal
and disposal of silt and debris from the
W. 82nd and Street Detention Basin, be
and. the same are hereby ordered and
constructed by this Council upon its own
motion and with or without the petition
of property owners. All the work shall be
constructed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED tbat
the cost and expense of the said improve-
ment be paid from the partially from the
Sanitation Fund (05-0882-2483-00) and
partially from the Revenue Sharing
Fund (41-Q882-2483.00),
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Counci
bers Brady, King, Wertzberger.
Nays-none.
Abstain-Counci:
Mem-
Special Session, February 20,1978
eration of this proposed resolution have
on file with the City Clerk, obje.ctions to
the amount of the cost of the improve-
ment, they shall be deemed to have waiv-
ed all objections thereto.
Said improvement shall be construct-
ed and done in accordance with the plans
and specifications which have been ap-
proved by the City Council and are now
on file with the City Clerk. That the cost
and expense of making said improve-
ment will be paid partially from the Sani~
tation Fund (05-0882-2433-001 and par-
tially from the Revenue Sharing Fund
(41-0882-2433-00).
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 7th day of February,
1978.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 20th day of February,
1978.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved final
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
foUowing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, King, Wertzberger.
Nays-none.
Abstain-Council Member Farrell.
Decision of Council upon objec.
tlons to plans, specifications, form of
contract and cost of Improvements.
RESOLUTION NO. 58.78
WHEREAS, proposed plans and spe-
cifications and form of contract for the
removal and disposal of silt and debris
from the W. 82nd Street Detention
Basin have been approved by the City
Council of the City of Dubuque and pub-
lie notice given as provided by Section
384 of the Code of Iowa, 1977, pertaining
to public contracts and bonds, and the
time and place fixed for the hearing of all
objections to said plans, specifications or
contract for or cost of such improve-
ments, said time being this 20th day of
February, 1978; and
WHEREAS, the City Council met in
special session this 20th day of February,
1978, at 7:30 o'clock P.M. at the Council
Chambers in the City Hall for the pur-
pose of hearing all interested parties and
considering any and all objections which
have been filed to the proposed plans,
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Council Members
Special Session, February 20,1978
53 in South A venue Addition in the City
of Dubuque, Iowa, presented and read.
Council Member Wertzberger moved
tbat the reading just had be considered
the first reading of the Ordinance. Sec-
onded by Council Member Farrell. Car-
ried by the following vote:
Yeas-:-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Council Member Wertzberger moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Council Member Wertzberger moved
that a public hearing be held on the Ordi-
nance on March 13, 1978 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be instruct-
ed to publish notice of the hearing in the
manner required by law. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Proof of Publication, certified to by
the Publisher, of Public Hearing on No-
tice of Pendency for removal and dispos-
al of Silt from W. 32nd Street Detention
Basin, presented and read. Council
Member Farrell moved that the proof of
publieatio.n be received and filed. Sec-
onded by Council Member Brady. Car-
ried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, King, Wertzberger.
Nays-none.
Abstain-Council Member Farrell.
NECESSITY FOR IMPROVEMENT
RESOLUTION NO. 43.78
WHEREAS, proposed plans, specifi.
cations, and form of contract have been
duly prepared and approved by the City
Council 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 plan of such improvement
(2) An estimate of the cost of the im-
provement
for the removal and disposal of silt and
debris from the W. 32nd Street Deten-
tion Basin.
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisable and necessary for. the
publie welfare to. make the herein men-
tioned improvement, and unless proper~
ty owners at the time of the final consid-
72
Seconded by Council Member Farrel"
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - none.
RESOLUTION NO, 57-78
Resolution Vacstlng a Portion of Levi
Street In the City of Dubuque, Iowa
WHEREAS, a plat dated December 9,
1977, prepared by Shive-Hattery & As~
soeIates covering a portion of vacated
Levi Street in the City of Dubuque,
Iowa, now platted, described and herein-
after to be known as: Lot lA of SOUTH
A VENUE ADDITION in the City ofDu.
buque, Iowa, having presented to the
City Council of the City of Dubuque,
Iowa, a copy of said plat is hereto at-
tached;and
WHEREAS, said plat conforms to the
Iowa laws and statutes pertainingthere-
to;
NOW THEREFORE BE IT RESOLV-
ED by the City Council of the City ofDu-
buque, Iowa:
Section 1. That the plat dated Decem.
ber9, 1977 prepared by Shive.Hattery &
Associates covering a pOr1;ion of vacated
Levi Street in the City of Dubuque,
Iowa, now platted, described and herein-
after to be known as LOT IA OF SOUTH
A VENUE ADDITION, in the City ofDu.
buque, Iowa, be and the same is hereby
approved and that the Mayor and City
Clerk of the City of Dubuque, Iowa be
and they are hereby authorized and di-
rected to execute said plat for and on be-
half of the City of Dubuque, Iowa.
Section 2. That tbe City Clerk be and
he is hereby authorized and directed to
file said plat and this Resolutionin the of-
fiee of the Recorder in and for Dubuque
County, Iowa.
Passed, adopted, and approved this
20th day of February, 1978.
Thomas A. Tully Jr,.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
AN ORDINANCE vacating a 60' wide
portion of Levi Street running from the
Southwest right-of-way line of Samuel
Street to the West Property Line of Lot
--.- ,~~""".,..., .-"iJ_~.d<}., ,,- ~:_
75
Yeas-Mayor Tully,.Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
A RESOLUTION approving annexa-
tion of Lot 3 of Byrne's Sub. and Lot 2 of
SWlj4 of NW1f4 and Lot 2 of NWl/4 of
SW1f4 all in Sec. 28 T89N except south-
erly 60' thereof, approx. 94.44 aeres, pre-
sented and read. Couneil Member Brady
moved that the resolution be tabled to
the Council Meeting of March 13, 1978
and City Solicitor directed to seek opin-
ion regarding ligitation on voluntary an-
nexation. Seconded by Couneil Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem~
bers Brady, Farrell, King, W ertzberger.
Nays - none.
ORDINANCE NO, 8.78
AN ORIlINANCE OFTHE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY ADDING A SECTION TO BE
NUMBERED 25.190, PROVIDING
THAT VEHICLES BE PROHIBITED
FROM ENTERING KEYWAY DRIVE
FROM PENNSYLVANIA AVENUE
AND VEHICLES BE PROHIBITED
FROM ENTERING KEYWAY DRIVEAT
THE WEST PROPERTY LINE OF
WOODLAND STREET,
presented and read. Council Member
Brady moved that the reading just had
be eonsidered the first reading of the Or-
dinance. Seeonded by Mayor Tully. Car-
ried by the following vote:
Yeas-Mayor Tully, Couneil Mem~
bers Brady, Farrell, King.
Nays-none.
Abstain-Council Member Wertz-
berger.
Council Member Brady moved that
the rule requiring an Ordinance to be re-
ceived and filed at two meetings prior to
the meeting when final action is taken, is
dispensed with. Seconded by Mayor Tul-
ly. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays-none.
Abstain-Council Member Wertz-
berger.
ORDINANCE NO. 8.78
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY ADDING A SECTION TO BE NUM.
BERED 25.190, PROVIDING THAT
VEHICLES BE PROHIBITED FROM
ENTERING KEYWAY DRIVE FROM
PENNSYLVANIA AVENUE AND VEHI.
CLES BE PROHIBITED FROM ENTER.
ING KEYWAY DRIVE AT THE WEST
Special Session, February 20,1978
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
RESOLUTION NO. 81.78
Re.olutlon Endor.ln9 the Dubuqu.
Amb....dor. .. Spon.or. for th.
1978 Iowa Community B.llerman Pro.
gram
WHEREAS, it is recognized that par-
ticipation in the Iowa Community Bet-
terment Program stimulates civic
awareness and generates community
spirit; and
WHEREAS, it is deemed to be in the
best interest of the City of Dubuque to
continue its participation in this pro-
gram;
NOW THEREFORE BEITRESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOW A:
S.ctlon 1. That the Dubuque Ambas-
sadors is endorsed as the sponsoring or-
ganization for the City of Dubuque in the
Iowa Community Betterment Program,
and they are authorized to enter the
1978 Community A wards Competition
on behalf of the community.
S.ctlon 2. Thst the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to serve as the official
liaison of the Dubuque City Council with
the Dubuque Ambassadors.
Passed, adopted, and approved this
20th day of Fehrusry, 1978,
Thomss A, Tully Jr,
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Application of Schiltz Development
Corp. & Sisters of Presentation request--
ing voluntary annexation of Lot 3 of
Byrne's Sub. and Lot2 of SW Ij4. ofNWl/4.
andLot20fNWl/4. OfSWIA all in Section
28 Twp, 89 N. R2E except southerly 50'
thereof, approx. 94.44 acres, presented
and read. Attorney Leo MeCarthy spoke
to the request.
Council Member Brady moved that
the application be tabled to the Council
Meeting of March 13,1978, Seconded by
Council Member Farrell. Carried by the
following vote:
SpeCial Session, February 20,1978
(Awardln9 Contract)
RESOLUTION NO, 80.78
WHEREAS, sealed proposals have
been submitted by contractors for the
Removal and disposal of silt and debris
from the West 32nd Street Detention
Basin pursuant to Resolution No. 69-78
and notice to bidders published in a
newspaper in said City on February 10,
1978 and:
WHEREAS, said sealed proposals
were opened and read on February 16,
1978, and it has been determined that
the bid of Tri-State Paving Company, Di-
vision of Dubuque Stone Products ofDu-
buque, Iowa in the amount of $26,463.26
was the lowest bid for the furnishing of
all labor and materials and performing
the work as provided for in the plans and
specifications; now therefore,
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque that the con-
tract for the above mentioned improve-
ment be awarded to Tri-State Paving
Company, Division of Dubuque Stone
Products and the Manager be and he is
hereby directed to execute a contract on
hehalf of the City of Dubuque for the
complete performance of said work.
BE IT FURTHER RESOLVED tbat
upon the signing of said contract and the
approval of the contractors bond the
City Treasurer is authorized and in-
structed to return the bid deposits of the
unsuccessful bidders.
Passed, adopted, and approved this
20th day of February,1978.
Thomas A, Tully J r,
Mayor
Richard Wertzberger
D, Michael King
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, King, Wertzberger.
Nays-none.
Abstain-Council Member Farrell
Communication of Assistant City
Manager submitting a resolution au-
thorizing the Dubuque Ambassadors to
act as the sponsoring organization for
the City in the 1978 Iowa Community
Betterment Program, presented and
read. Council Member Wertzberger
moved that the communication be. re-
ceived and filed. Seconded by Council
Member King. Carried by the following
vote:
74
BE IT FURTHER RESOLVED tbat
this resolution being deemed urgent and
of immediate necessity shall be in force
and effect from and after its passage and
adoption by the City Council.
Passed, adopted, and approved this
20th day of February, 1978,
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, King, Wertzberger.
Nays-none.
Abstain-Council Member Farrell.
Proof of Publication, certified to by
the Publisher, of Notice to Contracts for
removal of silt from W. 32nd Street De-
tention Basin, presented and read. Coun-
cil Member Farrell moved that the proof
of publication be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, King, W ertzberger.
Nays-none.
Abstain-Council Member Farrell.
February 15, 1978
To the Honorable Mayor
and City Council
Pursuant to your instructions, sealed
proposals were received until 10:00 a.m.,
C,S, T., Wednesday, February 15, 1978
for removal and disposal of silt and de-
bris from the West 32nd Street Deten-
tion Basin.
The lowest bids were entered by Tri-
State Paving Company, Division of
Dubuque Stone Products. The base bid
was $42,090.06, which is 19.30,0 above
the Engineer's Estimate. The bid for Al-
ternate I was $26,453.25 which is 100,0
under the Engineer's Estimate.
I recommend that the Alternate I con-
tract be awarded to Tri-State Paving
Company, Division of Dubuque Stone
Products.
Gilbert D. Chavenelle
City Manager
Council Member Farrell moved that
the communication be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem~
bersBrady, King, Wertzberger.
Nays-none.
Abstain-Council Member Farrell.
............
~- ~.,~~~~~~~
.---.- ----
~,
77
the same are hereby accepted;
Section 2. That the plat of "Heritage
Heights" in the City of Dubuque, Iowa,
be and the same is hereby approved and
the Mayor and City Clerk are hereby au-
thorized and directed to endorse the ap-
proval of the City of Dubuque, Iowa,
upon said plat, provided the owners of
said property herein named, execute
their written acceptance hereto attach-
ed agreeing:
a. To reduce all streets to grade and
to construct concrete curb and
gutter and to hard surface Heri~
tage Drive & Pamela Court with
bituminous concrete, or with con-
crete paving with integral curb,
all in accordance with City of Du-
buque standard specifications;
b. To install sanitary sewer mains
and sewer service laterals in ac-
cordance with plans submitted
with the plat;
c. To install water mains and water
service laterals in accordance
with plans submitted with the
plat;
d. To install storm sewers and catch-
basins in accordance with plans
submitted with the plati
e. To install concrete sidewalks as
required by Ordinances, and
where directed by the City
Engineer and the City Manager;
f. To install boulevard street light-
ing in accordance with plans sub~
mitted with the plati
g. To construct the foregoing im-
provements in accordance with
plans and specifications approved
by the City Manager, under the
inspection of the City Engineer,
and in a manner approved by the
City Manager;
h. To maintain the foregoing im~
provements for a period of four (4)
years from the date of their aCM
ceptance by the City of Dubuque,
Iowa;
1. To provide the foregoing conM
struction and maintenance at the
sole expense of the subdivider
Dick Loetscher, Inc., as owner;
j. To construct said improvements,
except sidewalks and street lightM
ing prior to July 1, 1979, and to
construct the sidewalks and
street lighting prior to July 1,
1981,
and further provided that said Dick
Loetscher, Inc., as owner of said Subdivi-
sion, secure the performance of the fore-
going conditions by providing security
in such form and with such sureties as
may be acceptable to the City Manager.
Section 3. That in the evenf Dick
Special Session, February 20,1978
February 10, 1978
Honorable Mayor and
Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed a final
plat of "Heritage Heights" submitted by
Mr. Richard Loetscher. The 20 lot sub-
division is located on an extension of
Pamela Court, west of English Lane and
east of South Grandview A venue in the
City of Dubuque, Iowa.
In reviewing the final plat the City
Planning and Zoning Commission has
round the plat to be in compliance with
the Subdivision Regulations and Zoning
Ordinance of the City of Dubuque, and is
in conformance with the approved pre-
liminary plat of the area.
The Commission has voted to approve
the final plat of "Heritage Heights" and
recommends your favorable considera-
tion.
City Planning
and Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - none.
RESOLUTION NO. 63-76
Resolution Approving the Plat of "Har.
Itage Heights" In the City of Dubuque,
Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as "Heritage Heights" in
the City of Dubuque, Iowa, and;
WHEREAS, upon said plat appear
streets to be known as "Heritage Drive
& Pamela Court", together with certain
public utility easements which the Own~
ers by said plat have dedicated to the
public forever: and
WHEREAS, said plat has been exam-
ined by the City Planning and Zoning
Commission and had its approval enM
dorsed thereon; and
WHEREAS, said plat has been examM
ined 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 in-
stalled;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA;
Section 1. That the . dedications of
Heritage Drive & Pamela Court, togeth-
er with the easements for public utilities
as the same appear upon said plat, be and
mends your favorable consideration.
City Planning
and Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
RESOLUTION NO. 62-76
Resolution Approving the Plat of the
Subdivision of Lot 1 of Lot 1 of the
Northeast 'AI of the Southeast 'AI of
Sactlon 6, Township 69 North, Rsnge 2
East of the 5th Princlpsl Merldisn, be.
ing In Dubuque Township, Dubuque
County, Iowa
is platted as, Lot 1 and Lot 2 of Lot 1 of
Lot 1 of the Northeast 1/4 of the South-
east 1/4 of Section 8, Township 89 North,
Range 2 East of the 5th Principal Meri~
dian, being in Dubuque Township, Du-
buque County, Iowa; and
WHEREAS, said plat has been exam-
ined by the City of Dubuque, Iowa, PlanM
ning and Zoning Commission and had its
approval endorsed there~n; ~nd
WHEREAS, said plat has been exam-
ined by the City Council of the City of
Dubuque, Iowa, and they find the same
conforms to the Statutes and Ordinances
relating thereto:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the above described
plat be and the same is hereby approved
and the Mayor and City Clerk are here-
by authorized and directed to endorse
the approval of the City of Dubuque.
Iowa, upon said plat.
Passed, adopted, and approved this
20th day of February, 1978.
Thomas A, Tully Jr.
Mayor
Richard Wertzberger
D. -Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST;
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Council MemM
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Special Session, Februar;)' 20,1978
NE OF
February 10, 1978
Honorable Mayor and
Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed the
final plat submitted by Mrs. Agnes
Breitbach for her property located on
Derby Grange Road in Dubuque County,
but within the jurisdictional review lim-
its of the City of Dubuque, Iowa. The
property, which is located on the north
side of Derby Grange Road, lies approxi-
mately two-thirds of a mile west of John
F. Kennedy Road, and is described as
Lot 1 and Lot 2 of Lot 1 of Lot I of the
Northeast 1/4 of the Southeast 1/4 ofSecM
tion 8. Township 89 North, Range 2 East
of the 5th Principal Meridian, in Dubu~
que Township.
The intent of the subdivision of the
Breitbach property, described above, is
to permit transfer of ownership of Lot 2.
The Planning and Zoning Commission
has approved the final plat and recom-
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 24th day o/Feb-
ruary 1978.
1t 2/2.
Council Member Brady moved final
adoption of the Ordinance. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. King.
Nays-none.
Abstain - Council Member Wertzber-
ger.
76
PROPERTY L
STREET
NOW THEREFORE BE IT ORDAIN.
ED BYTHE CITY COUNCIL OF THE CI.
TY OF DUBUQUE,IOWA:
Section 1. That the Code of OrdinancM
es of the City of Dubuque, Iowa be
amended by adding a Section to be num-
bered Section 26-190 which shall read as
follows:
"Sec. 25.190. When the barrelstreet
dividers and traffic signs are posted,
vehicles shall not enter Keyway
Drive from Pennsylvania A venue
nor from the west property line of
Woodland Street."
Passed, adopted, and approved this
20th day of February, 1978.
Thomas A. Tully Jr.
Mayor
D. MichaellCing
James E. Brady
Carolyn Farrell
Council Members
WOODLAND
Leo F. Frommelt
City Clerk
79
RESOLUTION NO. 67-78
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved: and
WHEREAS, The premises to be occu-
pied by such applicants were inspected
and found to comply with the Ordinances
of this City and have filed proper bon4s;
NOW THEREFORE BELT RESOLV-
ED, By the City Council of the City of
Dubuque. Iowa, that the Manager be au-
thorized to caUse to be issued to the fol-
lowing named applicants a Beer Permit.
CLASS "C" BEER PERMIT
Ted J. & Georgia A. Heinz, 1278 Cen-
tral A venue.
Thompson's Food Market Inc. Oky
Doky #15 (Also Sunday Sales), 1545 S.
Grandview A VB.
Thomas E. Kessler (Also Sunday
Sales), 1993 Asbury Road.
Passed, adopted, and approved this
20th day of February, 1978.
Thomas A, Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn FarreH
Council Members
~~~.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member FarreH moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
foHowing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
RESOLUTION NO, 66.78
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved: and
WHEREAS, The premises to be occu~
pied by such applicants were inspected
and found to comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
NOW THEREFORE BE IT RESOL V-
ED, By the City Council of the City of
Dubuque, Iowa, that the Manager be au-
thorized to cause to be issued to the fol-
lowing named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Gerald C. Kirchberg, 3203 Jackson
Street.
The Apartments, LTD (Also Sunday
Sales), Kennedy Mall Unit 600.
Dorothy M. Reel (Also Sunday Sales),
1103 Iowa Street.
Special Session, February 20,1978
scribed improvement in amount equal to
the amount of his contract, less any re-
tained percentage provided fortherein.
Passed, adopted, and approved this
20th day of February, 1978,
Richard Wertzberger
Mayor Pro- Tem
D. fv.Iichael King
James E. Brady
Carolyn FarreH
ATTEST: Council Members
Leo F. Frommelt
City Clerk
Mayor Pro-Tern Wertzberger moved
adoption of the Resolution. Seconded by
Council Member FarreH. Carried by the
following vote:
Yeas - Mayor Pro- Tem Wertzberger.
Council Members Brady, Farrell, King.
Nays-none.
Abstain-Mayor Tully.
Communication of City Manager rec-
ommending denial of petition of Loras
College for the installation of a traffic
signal at Alta Vista Street and Loras
College, also submitting report from Po-
lice Chief O'Brien, presented and read.
Council Member Wertzberger moved
that the recommendation of denial be ap-
proved. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers King, Wertzberger.
Nays-Council Members Brady, Far-
rell.
RESOLUTION NO. 66.78
BE IT RESOLVED, By the City Coun-
cil of the City of Dubuque, I9wa, that the
following having complied with the pro-
visions of law relating to the sale of Cig~
arettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papells within said
City.
Dorotby M. Reel, Il08 Iowa Street.
Donald J. Cogan, 1076 University
Ave.
Passed, adopted, and approved this
20th day of February, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
~-
~
Loetscher, Inc., shall fail to execute the rell. Carried by the following vote:
acceptance and furnish the security pro- Yeas - Council Members Brady,
vided for in Section 2 hereof within 45 r!311, King, Wertzberger.
days after the date of this Resolution, Nays-none.
the provisions hereof shall be null and Abstain-Mayor Tully.
void and the acceptance of the dedica- FINAL ESTIMATE
tion and approval of tbe plat sball not be RESOLUTION NO, 64.78
effective. WHEREAS, the contract for the Five
Passed, adopted, and approved by Flags sewer and water relocation has
recorded roll call this 20th day of been completed and the City Engineer
February, A.D., 1978. has submitted his final estimate showing
Thomas A. Tully Jr. thecostthereofincludingthecostofesti-
Mayor mates, notices, inspection, and prepar-
Richard Wertzberger ing the assessment and plat, now there-
D. Michael King fore,
James E. Rrady BE IT RESOLVED, by tbe City Coun-
Carolyn Farrell cil of the City of Dubuque,
ATTEST: Council Members That the cost of said improvement is
Leo F. Frommelt hereby determined to be $95,869.28.
City Clerk That none of the cost thereof shall be
ACCEPTANCE OF assessable upon private property and
RESOLUTION NO, 63.78 $95,869.28 sball be paid from the Com-
We, the undersigned, Dick Loetscher munity Development & Water Depart-
Inc. by Richard A. Loetscher having ment General Fund.
read the terms and conditions of the Passed, adopted, and approved this
foregoing Resolution No. 68-78 and be- 20th day of February, 1978.
ing familiar with the conditions thereof, Richard Wertzberger
hereby accept the same and agree to per- Mayor Pro- Tem
form the conditions required therein. D. Michael King
Dated atDubuque, Iowa, this 14th day James E. Brady
of March, 1978. Carolyn Farrell
DICK LOETSCHER INC Council Members
By:
IsIRichard A. Loetscher,
Pres.
Far-
Special Session, February 20,1978
78
ATTEST:
Leo F. Frommelt
City Clerk
Council Member FarreH moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
foHowing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none. .
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Pro-Tern Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Pro-Tern Wertzberger,
Council Members Brady, Farrell, King.
Nays-none.
Abstain-Mayor Tully,
(A Resolution Accepting
Improvement)
RESOLUTION NO, 65-78
WHEREAS, the contract for the Five
Flags sewer and water relocation has
been completed and the City Manager
has examined the work and filed his cer-
tificate stating that the same has bfen
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance, now there-
fore,
BE IT RESOLVED, by tbe City Coun-
cil of the City of Dubuque, that the rec-
ommendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED, tbat
the City Treasurer be and he is hereby
directed to pay to the contractor from
the funds to be realized from the Com-
munity Development and Water Depart-
ment General Funds, upon the abov~ de-
1978
To the Honorable Mayor
and City Council
The construction of Five Flags sewer
and water relocation has been complet-
ed in accordance with plans and specifi-
cations by Tschiggfrie Exca'vating ofDu-
buque, Iowa.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
To:
Leo F. Frommelt
City Clerk
This is to certify that the security pro-
vided by the foregoing RESOLUTION
NO. 63-78 bas been furnisbed by tbe
owners.
Dated at Dubuque, Iowa, this 14th day
of Marcb, 1978.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - none.
January 11,
81
erroneously conveyed to James S.
O'Meara's predecessors in title, and
which portion of Grandview A venue
should have been and is correctly de-
scribed as:
Lot 2 of Lot 2 of Lot I of Lot 1 of Lot I
of Lot 1 of Lot I of Lot I of Lot I of Lot
I of Mineral Lot 342, in the City ofDu-
huque, Iowa; and
WHEREAS, said delivery of Quit
Claim Deed by the grantor James S.
O'Meara should be accepted by the City
of Dubuque, Iowa; and
WHEREAS, City of Dnhuque, Iowa
should convey to James S. O'Meara that
portion of real estate heretofore describ-
ed, and same should be conveyed to Mr.
O'Meara in exchange for the conveyance
by Mr. O'Meara to the City of Dubuque.
Iowa that portion of North Grandview
A venue hereinabove referred to:
NOW THEREFORE BElT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOW A:
Section 1. That the delivery of Quit
Claim Deed by James S. O'Meara. a sin-
gle person, conveying to the City of Du-
buque, Iowa the following described real
estate: .
Lot 2 ofLot20fLot I of Lot I of Lot I
of Lot I of Lot 1 of Lot 1 of Lot I of Lot
1 of Mineral Lot 342, according to Plat
filed for record on June 29, 1959, in
Plat Book #26, Page 114,
be and the same is hereby accepted.
Section 2. That the City Clerk be and
he is hereby ordered and directed to
cause said deed to be recorded in the 6f-
fice of the Dubuque County Recorder,
and a certified copy of this Resolution
should be transmitted to the City Asses-
sor.
Section 3. That the conveyance by
the City of Dubuque, Iowa of any and aH
of its interest in and to the following de-
scribed real estate, to-wit:
Lot 1 of Lot 2 of Lot I of Lot I of Lot I
of Lot I of Lot 1 of Lot 1 of Lot 10fLot
1 of Mineral Lot 342, in the City ofDu-
buque, Iowa,
to James S. O'Meara, a single person, be
and the same is hereby approved; and
the City Clerk be and he is hereby order~
ed and directed to cause notice of intent
to dispose of interest in real estate to be
published asis by la~}'~_quired, and that
such cos-t of puolication be borne by the
City of Dubuque, Iowa, that no abstract
of title be furnished and that conveyance
by the City of Duhuque, Iowa he by Quit
Claim Deed, reserving to itself ease-
ments reserved therein.
Section 4. That the City Clerk be and
he is hereby ordered and directed to file
a certified copy of this Resolution in the
office of the Dubuque County Recorder
Special Session, February 20,1978
endorse the approval of the City of Du-
buque, Iowa, upon said plat.
Passed, adopted, and approved this
20th day of Fehruary, 1978,
Thomas A, Tully Jr,
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, FarreH, King, Wertzberger.
Nays-none.
February 17,1978
Honorable Mayor &
City Council
I am transmitting herewith proper
proceedings to correct a misdescription
in real estate that apparently conveyed
a portion of North Grandview Avenue.
In an effort to correct the situation
and to adjust the matters of title con-
cerning the City of Dubuque and the
present title holder to the property in
question, James S. O'Meara, I am attach-
ing herewith an appropriate Resolution
for your favorable consideration.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the communication be received and
~iled. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO. 71.78
WHEREAS, by reason of a discrepan-
cy in description arising out of a deed
dated June 22, 1959 and filed June 29,
1959, in Book 168, Page 360, the City of
Dubuque, Iowa conveyed a portion of
North Grandview A venue at its inter-
section with Kaufmann A venue in the
City of Dubuque, Iowa; and
WHEREAS, the intent was to convey
to said grantee a parcel of real estate im-
mediately abutting thereto which is and
should have been correctly described as:
Lot I ofLot20fLot I of Lot I of Lot I
ofLnt 1 of Lot 1 of Lot I of Lot 1 of Lot
1 of Mineral Lot 342, in the City ofDu-
buque, Iowa; and
WHEREAS, the City of Dubuque,
Iowa has received delivery of deed from
the present title holder, being James S.
O'Meara, a single person, to that portion
of North Grandview A venue heretofore
Special Session, February 20,1978
which is hereto attached and made a part
thereof; and Section 409.18 Code of Iowa
provides that any plat may be vacated
by proprietor thereof with the consent
of the City at any time before sale of any
lots.
WHEREAS, the City Council find.
that said City of Dubuque should con-
sent to the vacation as prayed.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DURUQUE,IOW A:
Section 1. City Council hereby con-
sents to the vacation of Plat of Lots I, 2
and 8 of TAKOS PLACE, in the City of
Dubuque, Iowa, dated February 17th,
1978 and filed February 17,1978 and re-
corded as Instrument No. 1360-78.
Passed, adopted, and approved this
20th day of Fehrnary, A.D., 1978.
Thomas A. Tully Jr,
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO, 70.78
A Resolution Approving the Correc.
tlon Plat of Lot 1, Lot 2, end Lot 3 of
"Takas Place", a Subdivision of Lot B
of Lot 1 of Lot 1 of Mlnersl Lol179 In
the City of Dubuque, lows.
WHEREAS, there has heen filed with
the City Clerk of the City of Duhuque,
Iowa, a plat in whichLotB of Lot 1 of Lot
1 of Mineral Lot 179 in the CityofDubu-
que, Iowa, is platted as: Lot I, Lot 2 and
Lot 3 of "Takos Place" in the CityofDu-
buque, Iowa
WHEREAS, said correction plat has
been examined by the City Planning and
Zoning Commission and had its approval
endorsed thereon; and
WHEREAS, said correction plat has
been examined by the City Council and
they find that the same conforms to the
statutes and ordinances relating there-
to:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, row A:
Section 1. That the above described
correction plat be and the same is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
Passed, adopted, and approved this
20th day of Fehruary, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Fehruary 20, 1978
Honorable Mayor and
Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed the
Correction Plat of Lots I, 2, and 3 of
"Takos Place", a subdivision of property
located at the southwest corner of the in-
tersection of North Algona Street and
North Grandview A venue, in the City of
Dubuque, Iowa.
In their review the Planning and Zon-
ing Commission has found that the prop-
erty is subject to a mortgage, and that
the intent of the Correction Plat is for
the purpose of revising the owner's cer-
tificate to include the authorized signa-
ture of the lending institution. The Comw
mission also determined that the plat is
substantially the same as the original ap-
proved by them, and by the City Council
in December of 1977.
The Planning and Zoning Commission
has voted to approve the Correction Plat
of Lots 1, 2 and 3 of "Takos Place" and
recommends your favorable concur-
rence in that decision.
City Planning
and Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member W ertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO. 89.78
WHEREAS, Peter J, Takos, Jr., and
Elizabeth S. Takos, filed Deed of Vaca-
lion of Plat of Lots 1, 2 and 3 of T AKOS
PLACE, in the City of Duhuque, Iowa,
dated February 16, 1978 and filed on the
17th day of February,1978 and recorded
as Instrument No. 1360-78, a copy of
80
~~~<
83
in the manner required by law. Seconded
by Mayor Tully. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Febrnary 10, 1978
Honorable Mayor and
Council Members
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on the preliminary development
plan and Planned Unit Development des-
ignation submitted by Mr. Thomas
Leibold for his property on Kaufmann
Avenue in the City of Dubuque, Iowa.
The 4.31 acre project site, currently zon-
ed -R-4 Residential District, is described
as Lot 1 of the sub ofLot20fLot 1 of Lot
2 of Lot I of Lot 3 of St. Mary's Place and
is located on the north side of Kaufmann
A venue west of the Dubuque Health
Care Center and east of Carter Road, as
depicted on the attached map.
The City Planning and Zoning Com-
mission has found that the preliminary
development plan for a 79 unit apart-
ment building for housing elderly ten-
ants will promote the public welfare.
Further, the Commission has deter-
mined that said preliminary develop-
ment plan will conform with the stand-
ards and regulations of the Zoning Or-
dinance provided that said Ordinance is
amended, as recommended, to permit,
regulate and define housing for the el-
derly.
Accordingly, the Planning and Zoning
Commission unanimously recommends
that the applicants preliminary develop-
ment plan be approved and that the
above described property be reclassified
from the R-4 Residential Distric,ti to the
R-4 Planned Unit Development District.
City Planning
and Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Mayor Tully. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
AN ORDINANCE of tbe City of
Dubuque, Iowa, providing that the Code
of Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa", which amendment shall establish
a Planned Unit Development Designa-
tion on property described as "Lot 1 of
tbe Sub. of Lot 2 of Lot I of Lot 2 of Lot I
Special Session, February 20,1978
February 13, 1978
Honorable Mayor and
Council Members
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on amendments to the text of
the City of Dubuque Zoning Ordinance
to set forth provisions therein to permit,
regulate, and define housing for the el-
derly. A staff report and the proposed
Ordinance describing the amendments
are attached for your information.
In approving the four amendments to
the Zoning Ordinance, the Commission
found the special provisions governing
housing for the elderly to be appropriate
additions, and recommend your favor-
able consideration.
Planning and
Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Mayor Tully. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farren, King, W ertzberger.
Nays-none.
AN ORDINANCE of tbe City of Du-
buque, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by amending Article IV, Section
4-110, Planned Unit Development Dis-
trict regulations and Article XI defini.
tions, thereof to include provisions to
permit, regulate, and define housing for
the elderly, presented and read. Council
Member Wertzberger mov.ed that the
reading just had be considered the first
reading of the .Ordinance. Seconded by
Mayor Tully. Carried by the fonowing
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Couneil Member Wertzberger moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Mayor Tuny. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Gouncil Member Wertzberger moved
that a public hearing be held on the Or-
dinance on March 20, 1978 at 7:30 P.M.
o'clock in the Council Chamber at the
City Hall and that tbe City Clerk be in-
structed to publish notice of the hearing
me
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King. Wertzberger.
Nays-none.
Council Member Wertzberger moved
that the communication be received and
made a matter of record. Seconded by
Council Member Farrell. Carried by the
following vote:
Special Session,February20, 1978
HEA TING INSPECTOR 1 examina-
tions on February 9, 1978.
The following named applicants pass-
ed the written examinations and are
hereby certified for appointment.
None.
John E. Hess
Frieda Luther
Richard Zimmer
Civil Service Commission
ATTEST:
ATTEST: Leo F. Frommelt
Leo F. Frommelt City Clerk
City Clerk Subscribed and sworn to before me
Council Member Wertzberger moved this 15th day of February 1978.
adoption of the Resolution. Seconded by Z. D. Hantelmann
Council Member King. Carried by the Notary Public
following vote: Council Member Wertzberger moved
Yeas - Mayor Tully, Council Mem- that the communication be received and
bers Brady, Farrell, King, W ertzberger. made a matter of record. Seconded by
Nays-none. Council Member Farrell. Carried by the
Communication of East Central Inter- following vote:
governmental Ass'n. advising of the per Yeas-Mayor Tully, Council Mem-
capita general membership assessment bers Brady, Farrell, King, Wertzberger.
from July l,1978t~June 30, 1979 will be Nays-none.
$.825, presented and read. Mayor Tully February 12, 1978
moved that the communication be re- To the Honorable Mayor and
ferred to Budget. Seconded by Council Members of the City Council
Member Wertzberger. Carried by the In accordance with the provisions of
following vote: Chapter 400 of the 1977 Code of Iowa the
Yeas - Mayor Tully, Council Mem- Civil Service Commission conducted ex-
bers Brady, Farrell, King, Wertzberger. aminations for WATER PLANT OPER-
Nays-none. ATOR on February 9, 1978.
Communication of Peoples Natural The following named applicants pass-
Gas notifying the City that it has filed a ed the written examinations and are
revision to the customer connection pol- hereby certified for appointment.
icy in its generalterms and conditions as Delaney,JamesF.............. 88%
on file with Iowa State Commerce Com- Bekkum, Wayne W............ 82%
mission pertaining to insulatit>n require- Schiessl, Robert F............. 80%
ments, presented and read. Council Miller, Karl G. . . . . . . . . . . . . . . . . 78%
Member Wertzberger moved that the Averkamp, TerranceF......... 77%
communication be received and filed and Clausson, Herbert C........... 74%
referred to the Building Department. Neely, Arnold................ 72%
Seconded by Council Member Farrell. Hallahan, Joseph G. . . . . . . . . . . . 72%
Carried by the following vote: Hurley, Michael P............. 70%
Yeas-Mayor Tully, Council Mem- JohnE.Hess
bers Brady, Farrell, King, Wertzberger. Frieda Luther
Nays-none. Richard Zimmer
Verbal petition of Council Member Civil Service Commission
Brady requesting a Traffic Ordinance ATTEST:
change to make 10th Street two way be- Leo F. Frommelt
tween White and Central, presented. City Clerk
Council Member Wertzberger moved Subscribed and sworn to before
that the petition be referred to the Traf- this 15th day of February, 1978.
fic Department. Seconded by Council Z. D. Hantelmann
Member Brady. Carried by the following Notary Public
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
82
and the office of the City Assessor,
and for the City of Dubuque, Iowa.
Passed, adopted, and approved this
20tb day of February, 1978,
Thomas A, Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
February 12, 1978
To the Honorable Mayor and
Members of the City Council
In accordance with the provisions of
Chapter 400 of tbe 1977 Code oflowa tbe
Civil Service Commission conducted
in
"'''~_'''''''_~-.''''~~A--,d'' r"-'-_"-:~-_~_.
84 Special Session, February 20,1978
,.
85
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Vincent F. Brimey-
er of 2810 Hempstead, in an undetermin-
ed amount, for property damage as the
result of a broken water main at 666
Lowell Street on January 17,1978, pre-
sented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Attorney
for investigation and report, Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of Marilyn Kemp-
thorne, in the amount of $90.78, for car
damage incurred as the result of striking
a chuckhole in 82nd Street at N. Grand-
view on December 18, 1978, presented
and read. Council Member Wertzberger
moved that the Notice of Claim be re-
ferred to the City Attorney for investi-
gation and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of Teresa Ruzicka, in
the estimated amount of $799.86, plus a
car rental, for car damage incurred as
the result of being struck by a city-
owned bus at W. Locust & Foye Streets
on February 10, 1978, presented and
read. Council Member Wertzberger
moved that the Notice of Claim be refer-
red to the City Attorney for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Clatm of Patrick E. Walter,
in the amount of$50., for car damages in-
curred as the result of driving into a hole
in the street on West 8th Street on Feb-
ruary 11, 1978, presented and read.
Council Member Wertzberger-moved
that the Notice of Claim be referred to
the City Attorney for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of Richard M. Eddy, in
an undetermined amount, for property
damage incurred as the result of a bro..
ken water main at 146 Cherokee Drive
on January 18,1978, presented and read.
Council Member Wertzberger moved
that the Notice of Claim be referred to
Special Session, Februar~ 20,1978
lowing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of U.S. Corps of Engi-
neers submitting public notice advising
that the Inland Molasses Co. have filed
an application for the expansion of their
existing dock facilities, presented and
read. Council Member Wertzberger
moved that the Notice be received and
filed, posted and referred to the Dock
Commission. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Communication of City Manager rec-
ommending installation of a street light
at 1887 Glen Oak in response to Robert
T. Specht petition, presented and read.
Council Member Wertzberger moved
that the recommendation be approved.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of City Manager rec-
ommending installation of four street
lights in McClain Sub. in response to pe-
tition of Earl McClain, presented and
read. Council Member Wertzberger
moved that the recommendation be ap-
proved. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of Mrs. Clarence Cum~
mings, in the amount of $8f4., plus loss of
wages as the result of a fall on a defective
sidewalk at E.18th Street on December
6, 1977, presented and read. Council
Member Wertzberger moved that the
Notice of Claim be referred to the City
Attorney for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Notice of Claim of John Schneider, in
the amount of $65., for car damage incur-
red as the result of driving into a chuck-
hole in the alley between 11th & 12th
Street and White and Central on Janu-
ary 80, 1978, presented and read. Coun-
cil Member Wertzberger moved that the
Notice of Claim be referred to the City
Attorney for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem~
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of Housing Code Re-
view Committee submitting minutes of
their meetings of January 26 and Febru-
ary 8; 1978, presented and read. Council
Member Wertzberger moved that the
minutes be received and filed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem.
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of Housing Commis~
sion submitting minutes of their meet-
ing of January 26, 1978, presented and
read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - none.
Communication of Historical Preser-
vation Commission submitting minutes
of their meeting of January 5,1978, pre-
sented and read. Council Member Wertz-
berger moved that the minutes be re-
ceived and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Planning & Zoning
Commission submitting minutes of their
meeting of February 8, 1978, presented
and read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communications of DEQ submitting
water main extension construcJ;ion per-
mit for Block I - Phase II Stonehlll
Community; Water main and sanitary
sewer permits for Prairie Heights Sub.;
and Water main and sewer permits for
Timber Ridge - Lot I of Lot A,Block 5,
presented and read. Council Member
Wertzberger moved that the communi.
cations be received and filed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem~
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Printed Council Proceedings for the
month of August, 1977, presented for ap-
proval. Council Member Wertzberger
moved that the Council Proceedings be
approved as printed. Seconded by Coun-
cil Member Farrell. Carried by the fol~
of Lot 30f St. Mary's Place, in the City of
Dubuque, Iowa"lying in an R-4 Residen-
tial District in "St. Mary's Place" in the
City of Dubuque, Iowa (Tom Leibold),
presented and read.
Council Member Wertzberger moved
that the reading just had be considered
the first reading of the Ordinance. Sec-
onded by Mayor Tully. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Council Member Wertzberger moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Council Member Wertzberger moved
that a public hearing be held on the Ordi-
nance on March 20, 1978 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be instruct-
ed to publish notice of the hearing in the
manner required by law. Seconded by
Mayor Tully, Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Petition of National Foundation
March of Dimes requesting permission
to conduct a Walkathon on April 9th,
1978, presented and read. Council Mem-
ber Wertzberger moved that the re-
quest be approved subject to implemen-
tation of the City Manager. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of Dubuque Citizens
Advisory Commission submitting
minutes of their meeting ofJ anuary 28,
1978, presented and read~ Council Mem-
ber Wertzberger moved that the min-
utes be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Five Flags Center
Commission submitting minutes of their
meeting of February 7, 1978, presented
and read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
87
Regular Session, March 6, 1978
CITY COUNCIL
OFFICIAL
Regular Session, March 6, 1978.
No members of the Council being pre-
sent, the meeting was adjourned subject
to call.
Leo F. Frommelt
City Clerk
Approved. . . . . . . . . . . . . . . . . . . . .. 1978
Adopted. . .. . . . . . . . . . . . . . . . . . .. 1978
Council Members
ATTEST:
City Clerk
Special Session, February 20,1978
Yeas-Mayor Tully, Council Mem~
bers Brady, Farrell. King, Wertzberger.
Nays-none.
There being no further business,
Council Member Wertzberger moved to
adjourn. Seconded by Council Member
Brady. Carried by the following vote:
Yeas - Mayor Tully; Council Mem-
bers Brady. Farrell, King, W ertzberger.
Nays-none.
1978
1978
Members
Leo F. Frommelt
City Clerk
Counci
Approved
Adopted
ATTEST:
City Clerk
86
the City Attorney for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. King, W ertzberger.
Nays-none.
Notice of Claim ot Giles Ede, in the
amount of $16.70, for car damages incur-
red as the result of being struck by a
City-owned ambulance on February 1.
1978 at 450 W. Locust Street. presented
and read. Council Member Wertzberger
moved that the Notice of Claim be refer-
red to the City Attorney for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady. Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Mrs. Thomas B.
French, in the amount of $52.38, for car
damages incurred as the result of driv-
ing into a chuckhole at 2965 Pennsylvan-
ia A VB. on February 10, 1978, presented
and read. Council Member Wertzberger
moved that the Notice of Claim be refer-
red to the City Attorney for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady t Farrell. King. W ertzberger.
Nays - none.
At 8:45 P.M. Council Member Wertz-
berger moved to go into Executive Ses-
sion to discuss appointments to Boards
and Commissions. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. King, W ertzberger.
Nays-none.
Council reconvened in regular session at
9:17 p.m.
Mayor Tully announced the following
appointments: To the Building Board of
Appeals - William Herrig, Gerald Guy
and Donald Schroeder for two year term
expiring 12-31-79j To Community Devel-
opmentCommission - Fred Apel repre-
senting Park Board, Mike Reilly repre-
senting Playground & Recreation Com-
mission, Michael Pratt representing 4th
Street Neighborhood, Elaine Kaufman
representing Rehabilitation Commis-
sion, Lester Pihart representing Plan-
ning & Zoning Commission; To Rehabili-
tation Commission - Harold Moldt, Jr.
and Richard M. Strub for three year
term expiring 1-26-81; To Five Flags
Building Commission - Carolyn Far-
rell. Council Member Wertzberger
moved ratification of the appointments.
Seconded by Council Member King. Car-
ried by the following vote: