1978 June Council Proceedings
245
TO ARTICLE IV. SECTION 4.109.4.
CONDITIONAL USES OF THE OR.1
QFFICE.RESIDENTIAL DISTRICT. TO
PROVIDE FOR THE OPERATION OF
CABARETS OR RESTAURANTS IN
STRUCTURES DESIGNATED AS HIS.
TORICALLY AND/OR ARCHITEC.
TURALLY SIGNIFICANT.
said Ordinance having been previously
presented and read at the Council Meet-
ing of May 1. 1978. presented for final
adoption.
ORDINANCE NO. 3H8
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
ENACTING A NEW SUBSECTION 4
TO ARTICLE IV. SECTION 4.109.4,
CONDITIONAL USES OF THE OR.1
OFFICE.RESIDENTIAL DISTRICT, TO
PROVIDE FOR THE OPERATION OF
CABARETS OR RESTAURANTS IN
STRUCTURES DESIGNATED AS HIS.
TORICALLY AND/OR ARCHITEC.
TURALL Y SIGNIFICANT
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
section 1. That the Code of Ordinan.
ces of the City of Dubuque, Iowa. be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map althe City of Dubuque,
Iowa", to enact anew subsection.4 to Ar-
ticle tv, Section 4-109.4. Conditional Us-
es of the OR-1 Office-Residential Dis-
trict, as follows:
"ARTICLE IV RESIDENTIAL DISTRICT
REGULATIONS
Section 4.109 OR.1 OFFICE.RESIDEN.
TIAL DISTRICT
4.109.4 Conditional U.e.
4) Cabarets or restaurants in struc-
tures or areas which have been des-
ignated by the Dubuque City Council
as historically or architecturally
significant, after public hearing and
consultation with the State Histori-
cal Preservation Offices and Dubu-
que County Historical Society. A con-
ditional Use Permit for such uses
may be granted by the Board of Ad.
justment only onfinding that the pro-
posed use; any change, alteration or
modification of the external ap.
perance of the building. improve-
ment, or property, the number ofper-
sons or employees on the premises,
and other operational aspects of the
proposal are compatible with the in~
tended historical or architectural
character of the area. "
OFFICIAL
Regular Session, June 5, 1978.
council met at 7:30 P.M. (C.D.T.l
Present - Mayor Tully, Council Mem-
bers Brady. Farrell, Wertzberger. City
Manager Gilbert D. Chavenelle.
Absent - Council Member King.
Mayor Tully read the call and stated
that service thereof had been duly made
and this is the regular meeting of the Ci-
ty Council called for the purpose of ac-
ting upon such business as may properly
come before the meeting.
Invocation was given by Rev. Robert
Caldwell, Pastor of Summit Congre-
gational Church.
Proclamations proclaiming month of
June, 1978 as "Burglary Prevention
Month" and month of June as "Recrea-
tion and Parks Month" were read, ap-
proved and signed by Mayor Tully.
Proof of publication, certified to by
the publisher, of Notice of Publlc Hear-
ing to amend the Zoning Ordinance by
enacting a new subsection 4 to Article IV
Section 4-109.4 conditional uses of the
OR-1 Office Residential District to pro-
vide for the operation of cabarets or rest-
aurants, in structures designated as his.
torically and/or architecturally signifi-
cant, presented and read. No written ob-
jections were filed and no oral objectors
were present in the Council Chamber at
the time set for the hearing.
Council Member Wertzberger moved
to suspend the rules to let anyone pre-
sent address the Council if they so de-
sire. Seconded by Council Member Bra-
dy. Carried by the following vote:
Yeas _ Mayor Tully, Council Mem-
bers Brady, Farrell. Wertzberger.
Nays-None.
Absent-Council Member King.
Wayne N orman spoke on behalf of the
Ryan House; Creating a garden area for
customers waiting for service; Intend to
add on south side of building.
Council Member Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
ORDINANCE NO. 3H8
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
ENACTING A NEW SUBSECTION 4
Regular Session, June 5, 1978
COUNCIL
Special Session, May 31,1978
CITY COUNCIL
OFFICIAL
Special Session, May 31. 1978.
Council met at 4:30 P.M. (C.D.T.).
Present - Council Members Farrell
King, Wertzberger. City Manager GiJ.
bert D. Chavenelle.
Absent - Mayor TUlly, Council Mem-
ber Brady.
Mayor Pro-Tern Wertzberger read
the call and stated that service thereof
had been duly made and this Meeting is
called to consider application for trans-
-fer-of abeer permitfor Dubuque Jaycees
and acting upon such other business as
may properly come before a regular
meeting of the Council.
An application for transfer of Beer
Permit by the Dubuque Jaycees from
their present location at 1023112 Main St.
to 7th and Town Clock Plaza for June
2nd and 3rd, presented and read.
Mayor Pro.Tern Wertzberger moved
approval of the application. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Pro-Tern Wertzberger,
Council Members Farrell, King.
Nays-none.
Absent-Mayor Tully, Council Mem-
ber Brady.
There being no further business
Council Member Farrell moved to ad-
journ. Seconded by Council Member
King. Carried by the following vote:
Yeas - Mayor Pro-Tern W ertzberger,
Council Members Farrell, King.
Nays-none.
Absent - Mayor Tully, Counci
ber Brady.
Mem-
1978
1978
Leo F. Frommelt
City Clerk
Members
Counci
Approved
Adopted
244
ATTEST:
City Clerk
247
be amended by revising Appendix A
thereof, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Dubuque, Iowa" to reclassify herein-
after described property from "A G Ag-
ricultural Dt'strict" classification to
"R-1 Residential District" classifica-
tion. to Toil:
Lot2 of Lot 1 of Lot 2 of Mineral Lot
499 in Table Mound Township, in the
City of Dubuque, Iowa
Section 2. That thejoregoingamend-
ment has heretofore been approved for
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, adopted, and approved this
,/jth day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 9th day of June,
1978.
Leo F. Fromme
City Clerk
1t619
Council Member Wertzbergermoved
final adoption of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell,' Wertzberger.
Nays-None.
Absent-Council Member King.
Pro.o.f of Publicatio.n, certified to. by
the Publisher, o.f Natice af Public Hear-
ing to. amend the Zaning Ordinance by
reclassifying property in Henschel's Ad-
dition fram AG Agricultural to. R-1 Resi-
dential District and to. establish a
Planned Unit Develo.pment Designatio.n
in Henschel's Additio.n and an R-1 Res-
idential District pro.perty in Henschel's
Black Fo.rest, presented and read. No.
written abjectio.ns were filed and no. oral
abjectars were present in the Cauncil
Chamber at the time set for the hearing.
Council Member Wertzberger maved
that the proaf o.f publicatian be received
and filed. Seconded by Co.uncil Member
Farrell. Carried by the fo.llawing vate:
Yeas-Mayo.r Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-Nane.
Abs-ent - Council Member King.
ORDINANCE NO. 34.78
AN ORDINANCE OFTHE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE. IOWA. BE AMENDED
BY REVISING APPENDIX A THERE.
Regular Session, June 5, 1978
~._w -;;;~.,...~~~ ,4.~_c.J."~';pC:_l .....
246
ORDINANCE NO. 32.78
AN ORDINANCE OFTHECITY 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
RECLASSIFYING PROPERTY IN SUN.
SET PARK SUBDIVISION NO.4 FROM
AG AGRICULTURAL DISTRICT AND
R.5 RESIDENTIAL DISTRICT TO R.2
RESIDENTIAL DISTRICT CLASSIF.
ICA TION
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the Code of Ordi-
nances af the City of Dubuque, Iowa, be
amended by re1Jising Appendix A there-
of, also known as the "Zoning Ordinance
and Zaning Map afthe City of Dubuque,
Iowa" to. reclassify hereinafter describ-
edprapertyfrom "AG AgriculturalDis-
trict" classificatian to. ''R-2 Residential
District" classification, to wit:
Lot ,g in Byrne's Subdivision; Lat 2 vf
the Sauthwest 1/4 afthe Narthwest %
af Section 28. Tawnship 89 Narth,
Range 2 East af the 5th Principal
Meridian,' and Lat 2 afthe Northwest
1/4 vf the Southwest % vf Sectian 28,
Township 89 Narth, Range 2 East of
the .'>th Principal Meridian except the
Illinais Central Railroad right-af-
way, all in the City ofDulJUque, Iowa.
Section 2. That the Code af Or-
dinances af the City af Dubuque, Iowa,
be amended by revising Appendix A
thereof, also known as the "Zoning Or-
dinance and Zoning Map af the City of
Dubuque, Iowa" to reclassify herein-
after decribed property from "R-5
Residential District" classification to
"R-2 Residential District" classif-
ication, to wit:
Lot .1 of Lot 2 in Byrne's Subdivision
in the City o.f Dubuque, Iowa.
Section 3~ That the fore gaing amend-
ment has heretofore been approved by
the Planning and Zoning Cammission of
the City of Dubuque, Iowa.
Passed, adopted, and approved this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Caralyn Farrell
ATTEST: Council Members
Leo 1". Frommelt
City Cleric
Published officially in the Telegraph
Herald New.qpaper this 9th day of .June
1978.
Council Member Wertzbergermoved
final adoption ()fthe Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem.-
bers Brady. Farren Wertzberger.
Nays-None.
Absent- Council Member King.
Proof of Publication, certified to by
the Publisher,of Notice of Public Hear-
ing to. amend the Zoning Ordinance by
reclassifying recently annexed property
at 1555 Miller Road (Lot20f1 of20fM.L.
499 in Table Mound Township) in the Ci-
ty from AG Agricultural District to R-I
Residential District Classification, pre-
sented and read. No written objections
were filed and no oral objectors were
present in the Council Chamber at the
time set for the hearing. Council Mem-
ber Wertzberger moved that the proof
af publicatio.n be received and filed.
Seconded by Council Member Brady.
Carried by the follawing vote:
Yeas-Mayor Tully, Co.uncil Mem-
bers Brady, Farrell, Wertzberger.
Nays-Nane.
Absent-Council Member King.
Regular Session, June 5, 1978
Leo F. Fromme
CityClerlc
11619
Council Member Wertzbergermoved
final adoption of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Cauncil Mem-
bers Farrell, Wertzberger.
Nays-Council Member Brady.
Absent-Council Member King.
Section 2. That the foregoing amend-
ment has heretofore been approved
by the Planning and Zaning Commis-
sion af the City of Dubuque.
Passed, adopted, and approved this
5th day of June, 1978.
Thom.as A. Tully Jr.
Mayor
Richard Wertzberger
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published afficially in the Telegraph
Herald Newspaper this 9th day of June
1978.
ORDINANCE NO. 33.78
AN ORDINANCE OFTHE 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
RECLASSIFYING RECENTLY AN.
NEXED PROPERTY AT 1555 MILLER
ROAD FROM AG AGRICULTURAL
DISTRICT CLASSIFICATION TO R.1
RESIDENTIAL DISTRICT CLASSIF-
ICATION,
said Ordinance having been previously
presented and read at the Cauncil Meet-
ing af May 15, 1978, presented for final
adoption.
ORDINANCE NO. 33.78
AN ORDINANCE OFTHE 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
RECLASSIFYING RECENTLY AN.
NEXED PROPERTY AT 1555 MILLER
ROAD FROM AG AGRICULTURAL
DISTRICT CLASSIFICATION TO R.1
RESIDENTIAL DISTRICT CLASSIFI.
CATION
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Or-
dinances of the City of Dubuque, Iowa,
Leo F. Fromme
City Clel'k
1t619
Proof of Publication, certified to. by
the Publisher, af Notice of Public Hear-
ing to. amend the Zoning Ordinance by
reclassifying property in Sunset Park
Sub. No.. 4 from AG Agricultural and R-5
Residential Districts to R-2 Residential
District Classification, presented and
read. No written objections were filed
and no oral objecto.rs were present in the
Cauncil Chamber at the time set for the
hearing. Council Member Wertzberger
moved that the proof of publication be
received and filed. Seconded by Council
Member Farrell. Carried by the fallow-
ing vote:
Member King.
ORDINANCE NO. 32.78
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
RECLASSIFYING PROPERTY IN SUN.
SET PARK SUBDIVISION NO.4 FROM
AG AGRICULTURAL DISTRICT AND
R.5 RESIDENTIAL DISTRICT TO R.2
RESIDENTIAL DISTRICT CLASSIFI.
CATION.
said Ordinance having been previously
presented and read at the Council Meet-
ing of May 1, 1978. presented for final
adoption.
~'.;if:i;J.'::t'>f
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell,Wertzberger.
Nays-None.
Absent~Councr
1'.1
I
1'1
'-" ~_._.,,~
Member King.
ORDINANCE NO. 35.78
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA PROVIDING THA TTHE
CODE OF ORDINANCES, CITY OF DU.
BUQUE, IOWA BE AMENDED BY RE.
VISING SUBSECTION 14 OF DIS.
TRICT C OF SECTION 25.328 AND BY
ADDING A NEW SUBSECTION 17 TO
DISTRICT B OF SECTION 25.326 OF
SAID CODE TO LIMIT PARKING TO
NOT LONGER THAN TEN HOURS AT
ANY ONE TIME ON THE SOUTH SIDE
OF E. 9TH STREET FROM CENTRAL
AVENUE TO WHITE STREET AND TO
LIMIT THE PARKING TO NOT LONG.
ER THAN 120 MINUTES AT ANY ONE
TIME ON THE NORTH SIDE E. 9TH
STREET BETWEEN CENTRAL AVE.
NUE AND WHITE STREET.
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Subsection 14 of
District C of Section 25-326 be amended
and a new Subsection 17 of District B of
Section 25-326 be added to the Code of
OrdirULnces of the City of Dubuque, Io-
wa so that said Subsections shall read as
follows:
"Sec. 25.328. Districts.
Parking Meter District B.
17. East 9th Street - North side
from Central A venue to White
Street.
Parking Meter District C.
14. East 9th Street - South side be.
tween Central A venue and White
Street. "
249
TRAL AVENUE TO WHITE STREET
AND TO LIMIT THE PARKING TO NOT
LONGER THAN 120 MINUTESAT ANY
ONE TIME ON THE NORTH SIDE E.
9TH STREET BETWEEN CENTRAL
AVENUE AND WHITE STREET,
presented and read. Council Member
Wertzherger moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
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, Wertzberger.
Nays-None.
Absent - Councr
Regular Session, June 5, 1978
1978
Honorable Mayor and
City Council
Two amendments to the parking me-
ter ordinance will be presented for your
consideration at the June 5th meeting.
1. Install two hour meters on the west
side of Iowa Street between 9th and
10th.
2. Removal of four (4) ten hour meters
on the north side of 9th Street from Cen-
tral easterly to the alley and change four
(4) ten hour meters to two hour meters in
front of A-l Rental Center Store.
Letters of explanation from Chief
O'Brien are attached. These ordinance
amendments are recommended for your
favorable consideration.
Gilbert D. Chavenelle
City Manager
Member King.
ORDINANCE NO. 35.78
AN ORI;lINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING SUBSECTION 14 OF
DISTRICT C OF SECTION 25.328 AND
BY ADDING A NEW SUBSECTION 17
TO DISTRICT B OF SECTION 25.328
OF SAID CODE TO LIMIT PARKING
TO NOT LONGER THAN TEN HOURS
AT ANY ONE TIME ON THE SOUTH
SIDE OF E. 9TH STREET FROM CEN.
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, Wertzberger.
Nays-None.
Absent - Counc'
this
ATTES1,
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 9th day of June
1978,
1t619
Council Member Wertzbergermoved
final adoption of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. Wertzberger.
Nays-None.
Absent- Counc:
Passed, adopted, and approved
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
Leo F. Fromme
City clerk
Regular Session, June 5, 1978
schels Addition" described as: Com-
mencing at the point of beginning,
that being on the Westerly property
line of Block 2 of ''Henschel's Addi-
tion" approximately 200 feet South-
easterly from the Northwest corner
of said Block '2; thence southwesterly
appoximately 140 feet to a point;
thence Southeasterly apprOXimately
215 feet to a point; thence North-
easterly approximately 100 feet to a
point.. thence. Northwesterly approx-
imately 70 feet to a point; thence
North-Northwesterly approximately
150 feet to the point of beginning,all
herein described property lying
within Block 4 of "Henschel's Addi-
tion" in Section 2, Township 88
North, Range 2 East of the 5th Prin-
cipal Meridian in the City of Dubu-
que, Iowa.
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA" BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY IN HEN.
SCHEL'S ADDITION" FROM AG
AGRICULTURAL DISTRICT CLASSIF.
ICATION TO R.1 RESIDENTIAL DIS.
TRICT: AND FURTHER, TO ESTAB.
L1SH A PLANNED UNIT DEVELOP.
MENT DESIGNATION ON THE
AFOREMENTIONED PROPERTY IN
"HENSCHEL'S ADDITION" AND ON
R.1 RESIDENTIAL DISTRICT PRO.
PERTY IN "HENSCHEL'S BLACK
FOREST" ALL IN THE CITY OF DUBU.
QUE, IOWA,
said Ordinance having been previously
presented and read at the Council Meet-
ing of May 15, 1978, presented for final
adoption.
248
Member King.
17,
May
Section 2. 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 establishing a
''Planned Unit Development District"
designation on property in ''Henschel's
BlackForest"inanR-1 Residential Dis-
trict classification, which real estate is
described, to wit:
Lot 2 of Lot 1, except the southerly
29.85feet thereof,' Lot 2 of Lot 1 of Lot
1 of Lot 1 of Lot 1 of Lot 1; Lot20fLot
1 of Lot 1 of Lot 1;Lot20fLot 1 of Lot
1 of Lot 1 of Lot 1,' Lot20fLot 1 of Lot
1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 1, all in "Henschel's Black
Forest"in the City of Dubuque, Iowa.
Section 3. That the ''Planned Unit
Development" designation applied to
the property herein described is a ten-
tative reclassification andfinal adoption
of the amendment as set forth in Section
1 and Section 2 of this Ordinance shall be
subject to Section 4-110.11.3 of Ordi-
nance No. 32-75, known as the "Zoning
Ordinance and Zoning Map of the City of
Dubuque, Iowa" wherebyfinal adoption
of the "Planned UnitDevelopment"des_
ignation is contingent upon submission
of a Final Development Plan by the de-
veloper(s), within six (6) months of the
effective date of this O,rdinance, andfur-
ther that failure bydeveloper(s) to com-
ply with the requirements as set forth
herein, shall automatically revert the
property to its former "Ag AgriCultural
District" and ''R-l ResidentialDistrict"
classification.
Section 4. That the foregoing amend-
ments have heretofore been approved
by the Planning and Zoning Commission
of the City of Dubuque, Iowa.
ORDINANCE NO. 34.78
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
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY IN "HEN.
SCHEL'S ADDITION" FROM AG AG.
RICUL TURAL DISTRICT CLASSIF.
ICATlON TO R.1 RESIDENTIAL DIS.
TRICT; AND FURTHER, TO ESTAB.
L1SH A PLANNED UNIT DEVEL.
OPMENT DESIGNATION ON THE
AFOREMENTIONED PROPERTY IN
"HENSCHEL'S ADDITION" AND ON
R.1 RESIDENTIAL DISTRICT PRO.
PERTY IN "HENSCHEL'S BLACK
FOREST" ALL IN THE CITY OF DUBU.
QUE, 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
hereinafter described property in "Hen-
schel's Addition" from "AG Agri-
cultural District" classification to "R-1
Residential District" classification; and
further, to establish "Planned Unit
Development District" designation
upon said real estate, classifying said
property in an "R-1 Planned Unit
DevelopmentDistrict" classification, to
wit:
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Block 2 of "Henschel's Addition" and
a 1fz acre parcel of Block 4 in "Hen-
""-""'-'"
-
251
Member King.
RESOLUTION NO. 184.78
WHEREAS, purusant to resolution and
published notice of time and place of
hearing, published in the Telegraph~
Herald, a newspaper of general circula-
tion published on the 26th day of May,
1978, in the City of Dubuque, Iowa, the
City Council of the City of Dubuque, Io-
wa met on the 5th day of June, 1978, at
7:30 o'clock P.M. in the City Council
Chambers of the City Hall, Dubuque, Io-
wa to consider the proposal to dispose of
interest of the City of Dubuque, Iowa in
real estate being a vacated portion of a
forty five foot wide easement over and
across Lot 1 of Lot 2 of Byrne's Subdivi-
sion in the City of Dubuque, Iowa which
is platted and described as:
The vacated southerly 40' of Ease-
ment in Lot l"ofLot 2 of Byrne's Sub-
division in Dubuque, Iowa
to SCHILTZ DEVELOPMENT COR-
PORATION: and
WHEREAS, the City Council of the
City of Dubuque, Iowa, overruled any
and all objections, oral or written, to the
proposal to dispose of interest of City of
Dubuque, Iowa in the above described
real estate to SCHILTZ DEVELOP-
MENT CORPORATION:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the disposal of in-
terest of the City of Dubuque, Iowa in
the following described real estate, to-
wit:
The vacated southerly 40' of Ease-
ment in Lot 1 of Lot 2 of Byrne's Sub-
division in Dubuque, Iowa
to SCHILTZ DEVELOPMENT COR-
PORA TION for the purchase price of
Three Thousand ($3,000.00) Dollars, plus
costs of publication and recording fees,
be and the same is hereby approved; that
conveyance shall be by Quit Claim Deed,
that no abstract of title shall be furnish-
ed and said conveyance shall be subject
to reservation by the City of Dubuque,
Iowa of a perpetual easemellt for
utilities and for ingress and egress to
repair and maintain the same.
Section 2. That the Mayor and City
Clerk be and they are authorized and di-
rected to execute said deed of con-
veyance and the City Clerk be and he is
hereby authorized and directed to deliv-
er said deed of conveyance to the gran-
tee upon payment of the purchase price
in full.
Section 3. That the City Clerk be and
he is hereby authorized and directed to
record certified copy of this Resolution
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent- Counc:
Regular Session, June 5, 1978
Leo F. Frommelt
City Clerk
1t6/22
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member Wertzberger. Carried
by the following vote:
ORDINANCE NO. 37.78
AN ORDINANCE VACATING A POR.
TION OF A45 FOOT WIDE EASEMENT
OVER AND ACROSS LOT 1 OF 2 OF
BYRNE'S SUBDIVISION IN THE CITY
OF DUBUQUE, IOWA.
WHEREAS. Schlitz Development
Corporation has requested the vacation
of a 40 foot portion of a45 foot wide ease-
ment over and across Lot 1 of:2 of
Byrne's Subdivision; and
WHEREAS, Shive-Hattery and As-
sociates has prepared and submitted to
the City Council a plat showing the
vacated portion of said easement; and
WHEREAS, the City Council of Du-
buque. Iowa, has determined that this
easement is no longer required for pub-
lic use, and that the vacation of said ease-
ment should be approved,
NOW THEREFORE BE IT OR-
DAINED BYTHE CITY CO UNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That in consideration of
payment to the City in the amount of
$3,000 plus publication and filing fees
that the 4.0foot wide portion of the ease-
mentdescribedon the plat of Lot 1 of20f
Byrne's Subdivision be and the same is
hereby vacated.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
cause Notice of intent to dispose of in-
terest in said easement in Lot 1 of 2 of
Byrne's Subdivision in the City of Du-
buque, Iowa.
Passed, adopted and approved this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
lIeraldNewspaper this :22nd day of June
1978.
ORDINANCE NO. 37.78
AN ORDINANCE VACATING A POR.
TION OF A 45 FOOT WIDE EASEMENT
OVER AND ACROSS LOT 1 OF 2 OF
BYRNE'S SUBDIVISION IN THE CITY
OF DUBUQUE, IOWA,
said Ordinance having been previously
presented and read at the Council Meet-
ing of May 15, 1978, presented for final
adoption.
Regular Session, June 5, 1978
WEST TENTH TO WEST NINTH
STREET.
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Subsection 4. of Pflrk-
ing Meter DistrictB of Section 25-326 of
the Code of Ordiriances of the City of
Dubuque, Iowa be amended so that such
subsection sha.ll read as follows:
"Sect. 25.326. Districts.
Parking Meter District B.
4. Iowa Street, both sides between
3rd and 4th Streets and the west side
between 4th Street and 10th Street
and both sides between 10th Street
and 11th Street and both sides fH'
tween 12th Street and 13th Street
and the west side between Ulth
Street and Loms Boulevard. "
Section 2. That all ordinances or
parts of ordinances in conflict with this
ordinance be and the same are hereby
repealed and of no further force or ef-
feet.
Passed, adopted, and approved this
lith day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
A T7'EST:
Leo F. F?'ommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 9th day of .June
1978.
Leo F. Frommelt
City Clerk
1t6/9
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. Wertzberger.
Nays-None.
A bsent- Council Member Kl:ng.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to vacate and dispose of a portion of a
45' wide easement over and across Lot 1
of2 of Byrne's Sub., 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 Farrell moved that
the proof of publication be received and
filed. Seconded by Council Member
Werb:berger. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Member King.
ORDINANCE NO. 36.78
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, BE AMENDED BY RE.
VISING SUBSECTION 4 OF DISTRICT
B OF SECTION 25.326 OF SAID CODE:
TO LIMIT PARKING TO 120 MINUTES
AT ANY ONE TIME ON THE WEST
SIDE OF IOWA STREET FROM WEST
TENTH TO WEST NINTH STREET,
presented and read. Council Member
Wertzberger moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Council
Member Farrell, Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, W ertzberger.
Nays-None.
Absent-Council Member King.
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, Wertzberger,
Nays-None.
Absent - Counci
this
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper thi.~ 9th day of June.
1978.
Leo F. Frommelt
City Clerk
1t6/9
Council Member Wertzbergermo1)ed
final adoption of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. Wertzberger.
Nays- None.
Absent-Counc:
Member King.
ORDINANCE NO. 36.78
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA BE AMENDED
BY REVISING SUBSECTION 4 OF DlS.
TRICT B OF SECTION 25.326 OF SAID
CODE: TO LIMIT PARKING TO 120
MINUTES AT ANY ONE TIME ON THE
WEST SIDE OF IOWA STREET FROM
250
Passed, adopted, and approved
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
.!<:"".~d'h.
-~'-_.~"""""'.~
253
sent personally, in his official capacity
and on behalf of the City of Dubuque. to
accept the jurisdiction of the Federal
courts if an action is brought to enforce
responsibilities in relation to en-
vironmental reviews, decision-making
and action.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby authori-
zed and directed to execute a certifica-
tion pertaining to the environmental re-
view procedures.
Section 6. That the City Clerk be and
he is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds and Certification in the
form of Exhibit "A" attached hereto and
made a part hereof.
Passed, approved. and adopted this
5th day of June, 1978.
Richard Wertzberger
Mayor Pro-Tern
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
PUBLIC NOTICE
Pursuant to the Environmental Re-
view Procedures for the Community De-
velopment Block Grant Program, the Ci-
ty of Dubuque intends to file a request
five (5) days after receipt from HUn of
approved application for FY 1978 Block
Grant Funds.
Comiskey Park Improvements
Modernization of the Heating Facil-
ities at the Dubuque Girls Club
The City of Dubuque has made an En-
vironmental Review Board for the pro-
jects. and has placed these records on
file in the Office of the City Clerk in City
Hall, 13th and Central A venue, Dubu-
que, Iowa, where said records may be ex-
amined and copied between the hours of
8:00 A.M. and 5:00 P.M.. Monday
through Friday until 5:00 P.M. on the
30th day of June,1978.
The name of the applicant is the City
of Dubuque, and the Chief Executive Of-
ficer of the applicant is Mayor Thomas
A. Tully, Jr. The mailing address for
both the applicant and the Chief Exec-
utive Officer is City Hall, 13th and Cen-
tral A venue. Dubuque, Iowa.
The City of Dubuque will undertake
the projects described above with Block
Grant Funds from the U.S. Department
of Housing and Urban Development
(HUD), under Title I of the Housing and
Community Development Act of 1974.
The City of Dubuque is certifying to
HUD that the City of Dubuque and Tho-
mas A. Tully, Jr., in his official capacity
as Mayor, consent to accept the juris-
diction of the Federal courts if an action
Regular Session, June 5, 1978
Review Proced_ures for the Community
Development Block IGrant Program,
convened an ad hoc committee on May 8.
H~78, and completed an Environmental
Assessment of the following identified
propo'sals (projects) with Community
Development Block Grant funds; and
Comiskey Park Improvements
Modernization of the Heating Fa-
cilities at the Dubuque Girls Club
WHEREAS. pursuant to Resolution
No. 175-78 adopted May 15. 1978, Public
Notice of a "Finding of No Significant Ef-
fect on the Environment" for the pro-
posal (project) was published May 16.
1978, in the Dubuque Telegraph Herald,
a newspaper of general circulation, and
provided for a public comment period
until 12:00 Noon, Friday, June 2, 1978;
and
WHEREAS, Public Notice of a "Find"
ing of No Significant Effect on the En-
vironment" for the proposals (projects)
was sent by regular mail to various Fed-
eral, state and local public agencies and
to the local news media. individuals and
groups known to be interested and
believed to be appropriate to receive
such a Public Notice; and
WHEREAS, any and all objections, if
any, to such proposals have been duly
considered; and
WHEREAS. it is the intent of the City
Council to authorize the submission of a
request to the U.s. Department of Hous-
ing and Urban Development for the re-
lease of funds under the said Act to carry
out the above identified projects;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Environmental
Review Record for each of the proposals
(projects) shall continue to remain on file
in the office of the City Clerk, where said
records may be examined and copied by
any interested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and di-
rected to submit to the U.S. Department
of Housing and Urban Development five
(5) days after receipt from HUD of ap-
proved application for FY 1978 Block
Grant Funds. a request for release of
funds to undertake the said projects.
Section 3. That the Mayor ofthe City
of Dubuque is hereby authorized to con-
sent to assume the status of a responsi-
ble Federal official under the National
Environmental Protection Act, insofar
as the provisions of the said Act apply to
the U.S. Department of Housing and Ur-
ban Development's responsibilities for
review. decision-making. and action
assumed and carried out by the City of
Dubuque as to environmental issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to con-
Regular Session, June 5,1978
Lot 590 in Ham's Addition in the City
of Dubuque, Iowa
to MICHAEL J. KRUSER and NOR-
MAN BRADFIELD for the purchase
price of Two Thousand ($2,000.00)
DoUars, that no abstract of title will be
furnished and conveyance shall be by
Quit Claim Deed; conveyance shall be
subject to reservation by the City of
Dubuque, Iowa of a perpetual easement
for utilities and for ingress and egress to
repair and maintain the same, be and the
same is hereby approved.
Section 2. That the Mayor and City
Clerk be and they are authorized and di.
rected to execute said deed of con-
veYRnce and the City Clerk be and he is
hereby authorized and directed to de-
liver said deed of conveyance to the
grantees upon payment of the purchase
price in full.
S.ctlon 3. That the City Clerk be and
he is hereby authorized and directed to
record certified copy of this Resolution
in the office of the Dubuque County Re-
corder and City Assessor.
Passed. adopted. and approved this
5tb day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
King.
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, Wertzberger.
Nays-None.
Absent-Council Member King.
Proof of Publication, certified to by
the Publisher, of Public Notice indi-
cating a Deadline of June 2, 1978 for com-
ments on Environmental Impact on
Comiskey Park Improvement and Mod-
ernization of Heating Facilities for Girls
Club, presented and read.
Council Member Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent - Councl:
Member
RESOLUTION NO. 188.78
Authorizing Submission 01 a R.qu..t
lor R.I.as. of Funds lor Cartaln Com.
munlty Dev.lopm.nt Block Grant Pro-
J.cts
WHEREAS, the City of Dubuque in
conformance with the Environmental
in the office of the Dubuque County Re-
corder and the City Assessor.
Passed, approved, and adopted this
5tb day of Jnne, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
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 W ertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem"
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to dispose of interest in Lot 590
Ham's Addition. presented and read. No
written objections were filed and no oral
objectors were present in the Council
Chamber at the time set for the hearing.
Council Member Wertzberger moved
that the proof of publication be received
and flied. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. W ertzberger.
Nays-None.
Absent-Council Member King.
RESOLUTION NO. 185.78
WHEREAS, pursuant to resolution
and pUblished notice of time and place of
hearing, published In the Telegraph.
Herald, a newspaper of general circula-
tion published on May 18,1978 in tbe Ci.
ty of Dubuque, Iowa, the City Council of
the City of Dubuque, Iowa met on the 5th
day of June, 1978 at 7:80 o'cloek P.M. in
the City Council Chambers in City Hall,
Dubuque, Iowa to consider the proposal
to dispose of interest of the City ofDubu-
que, Iowa to real estate described as:
Lot 590 in Ham's Addition in the City of
Dubuque, Iowa
to MICHAEL J. KRUSER and NOR.
MAN BRADFIELD; and
WHEREAS, the City Council of the
City of Dubuque, Iowa. overruled any
and all objections. oral or written, to the
proposal to dispose of interest of City of
Dubuque, Iowa in the above described
real estate to MICHAEL J. KRUSER
and NORMAN BRADFIELD.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
S.ctlon 1. That the disposal of in.
terest ,of the City of Dubuque, Iowa in
the following described real estate, to-
wit:
252
255
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, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of City Manager re-
questing publication of notice governing
the use of Revenue Sharing Funds cov-
ering the approved budget amend-
ments, presented and read. Council
Member Wertzberger moved that the
communication be received and filed and
request be approved. Seconded by Coun-
cil Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counci
Communication of Community Devel-
opment advising of approval of the
Fourth Year Community Development
Block Grant Program in the amount of
$1,010,000., 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-Council Members Brady, Far-
rell, W ertzberger.
Nays-None.
Abstain - Mayor Tully.
Absent-Council Member King.
RESOLUTION NO. 189.78
Authorizing the Execution of a Com.
munlty Development Block Grant
Agreem.ent and Urban Development
WHEREAS, under the provisions of
Title I of the Housing and Community
Development Act of 1974, the City of
Dubuque prepared and submitted an ap-
plication for a Community Development
Block Grant; and
WHEREAS, the application has been
approved for the City of Dubuque in the
amount of $1,010,000 for a twelve month
program beginning July 1, 1978; and
WHEREAS, a Grant Agreement cov-
ering the activities proposed to be car-
ried out with Community Development
Block Grant funds has been tendered the
City of Dubuque; now therefore
this
Passed, approved, and adopted
5th day of June, 1978.
Thomas A. Tully Jr,
Mayor
Richard Wertzberger
James E, Brady
Carolyn Farrell
Council Members
Member King,
ATTEST:
Leo F. Frommelt
City Clerk
Regular Session, June 5, 1978
Member King,
Communication of City Manager sub-
mitting a resolution authorizing trans-
fer of funds as set forth in the proposed
budget amendment, presented and read.
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, Wertzberger.
Nays-None.
Absent - Counci
RESOLUTION NO. 188.78
A Resolution for Approval of the Per,
manent Transfer of Funds
WHEREAS, there is now in the hands
of the Treasurer the sum of $33,626
credited to the Sanitation Fund; and
WHEREAS, there is now in the hands
of the Treasurer the sum of $553,960
credited to the Public Works Fund; and
WHEREAS, there is now in the hands
of the Treasurer the sum of $49,000
credited to the Dock Fund; and
WHEREAS, there is now in the hands
of the Treasurer the sum of $9,294
credited to the Airport Runway Surfac-
ing Fund; and .
WHEREAS, it is desired to transfer
$18,626 from the Sanitation Fund to the
Street and Traffic Lighting Fund to pro-
vide for increased operating costs; and
WHEREAS, it is desired to transfer
$15,000 from the Sanitation Fund to the
Tort Liability Fund to cover increased
cost of liability insurance; and
WHEREAS, it is desired to transfer
$553,960 from the Public Works Fund to
the Iowa Street Parking Ramp Con-
struction Fund to provide for construc-
tion costs; and
WHEREAS, it is desired to transfer
$49,500 from the Dock Fund to the
General Fund to support the FY 79
budget requirements; and
WHEREAS, it is desired to transfer
$9,294 from the Airport Runway Surfac-
ing Fund to the Airport Fund to provide
for the purchase of parking meters,
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A that
said sum of $646,380. as set forth above,
be and the same is hereby transferred
from the Sanitation Fund, Public Works
Fund, Airport Runway Surfacing Fund,
and Dock Fund to the Street and Traffic
Lighting Fund, Tort Liability Fund,
Iowa Street Parking Ramp Construction
Fund, General Fund and Airport Fund,
and the City Finance Director is di-
rected to correct his books accordingly.
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counci
Member King.
~."",",.~;'.,;K"
'~_.~"'''"",,'''''''''...r~
Regular Session, June 5, 1978
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent - Counci
CITY BUDGET AMENDMENT
AND CERTIFICATION RESOLUTION
RESOLUTION NO_187.78
A Resolution Amending the Current
Budget for the Fiscal Year Ending
June 30, 1978 (As Amended Last On
December 5, 1977)
Be It Resolved by the City Council of
the City of Dubuque, Iowa:
Section 1. Following notice published
May 22, 1978, and the public hearing
held June 5, 1978, the current budget (as
previously amended) is amended as set
out herein:
Section 2. The cash balances and rev-
cnue estimates are amended as follows:
Other~'ederaIFunds:newavallablebalance$121,883:
new total revenue estimate $3,420,357
General: new available balance $692,683: new total
revenue estimate $9,647,739
Revenue Sharing: new available balance $413.410;
new total revenue estimate $1,425,410
Parking: new available balance $(90,899l: new total
revenue nstimate $424,801
Road Use Tax: new available balance $511,057: new
total revmlue estimate $2,405.I06
Sewage Rental: new available balance $758,945: new
total revenue estimate $2,130,1,')7
Truat & Agency: new total revenue eatimate
$1,172,434
Section 3. The following changes
(transfers of appropriations between
programs, and increases in total ap-
propriations) are hereby authorized:
Community Protection from $5,019.599 to $5,158,518
Human Development (or) Mental & Physical Health
S.P., Education & Culture S.P., Leisure Time Oppor-
tunities S.P. from $2.666,624 to $3,28J,637
Home and Community Environment (or) Phyaical En-
vironment S.P., Economic Well.Being S.P., Transpor-
tation S.P. from $11,828,892 to $14,176,704
Policy & Administration from $1,117,731 t(l.$1,265,924
I hereby certify the above transac-
tions to be a true copy of the proceedings
of the city council and the resolutions
passed in the above matter.
June 5,1978 LeoF,Fommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution, Seconded by
Council Member Farrell. Carried by the
following vote:
'.0,_. """"-=-.
;----" -"-.._-~
Passed, adopted, and approved this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
King.
Member King.
Member
.-
ATTEST:
Leo F. Frommelt
City Clerk
Nays-None.
Absent-Counci
254
is brought to enforce responsibilities in
relation to environmental reviews,
decision-making, and action; and that
these responsibilities have been
satisfied. The legal effect of the certifica-
tion is that upon its approval, the City of
Dubuque may use the Block Grant
Funds and HUn will have satisfied its
responsibilities under the National En-
vironmental Policy Act of 1969. HUn
will accept an objection to its approval of
the releases of funds and acceptance of
the certification only if it is on one of the
following bases: (a) that the certification
was not in fact executed by the Chief Ex-
ecutive Officer or other officer of appli-
cant approved by HUD; or (b) that ap-
plicant's environmental review record
for the project indicates omission of a re-
quired decision, finding, or step ap-
plicable to the project in the en-
vironmental review process. Objections
must be prepared and submitted in ac-
cordance with the required procedure
(24 CFR Part 58), and may be addressed
to HUD at the Omaha Area Office, 7100
West Center Road, Omaha, Nebraska
68106. Objections to the release of funds
on bases other than those stated above
will not be considered by HUD. No objec-
tion received after the 30th day of June,
1978, will be considered by HUD.
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.
Nays-None.
Abstain - Mayor Tully.
Absent - Council Member King,
Proof of Publication, certified to by
the Publisher, of Notice of Hearing on
the amendment of the Current Budget,
presented and read. No written objec-
tions were filed and no oral objectors
were present in the Council Chamber at
the time set for the hearing. Council
Member Werbberger moved that the
proof of publication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing on
how Revenue Sharing Funds are to be
used by the City, presented and read. No
written objections were filed and no oral
objectors were present in the Council
Chamber at the time set for the hearing.
Council Member Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
='c""'-";
~~-"",.",-...,.
257
Council Member Brady moved that
the City Manager and Staff be in-
structed to draw up an appropriate Code
in line with State Building Code. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas-Council Members
rell, Wertzberger.
Nays-None.
Abstain-Mayor
Absent - Council
1978
Honorable Mayor and
City Council
The following areas have been recom-
mended for development by the Mayor's
Industrial Development Task Force:
1) The relocation ofMcAleece and Pet-
rakis athletic facilites;
2) Development of a six block area be-
tween 14th and 16th Streets east of the
railroad tracks;
3) Development of a slough area along
Kerper Boulevard, northerly of 16th
Street; and
4) Development of a western park be-
tween the North-West Highway and
Radford Road.
The plan indicates that Projects 1 and
4 are linked together and could possibly
be made a part of the North-West High-
way. The idea is that the western area
could simultaneously provide new in-
dustrial sites and space for the relocated
athletic facilities. It is thought that these
two could be done in conjunction with
the provision for the North-West
Highway.
The report also indicates that Pro-
jects 2 and 3 be linked together and that
the outcome of one might possibly de-
pend on what arrangements can be made
for the settlement of the other.
It is planned to initiate the program
by:
1) Exploring possibilities of federal
assistance including EDA, BOR and
DOT:
2) Continuing talks concerning the
Washington-Kerper area; and
3) Using the consultant program ap-
propriated in the FY 79 budget for Com-
munity Development to develop and re-
fine plans for Projects 2 and 3.
It is recommended that this program
be undertaken and that staff assign-
ments be made as necessary to ac-
complish the work and a time schedule
be set for this initial phase. It is further
suggested that the 4th Street Peninsula
development be considered along with
the four projects.
Attached is a copy ofthe report by the
Mayor's Industrial Task Force Commit-
tee indicating development strategy. It
is the plan of the group to use this report
to circularize the various assisting ageo-
Far-
Brady,
King.
May 30,
Tully.
Member
Regular Session, June 5, 1978
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent - Council Member King.
Communication of City Manager re-
questing approval to complete contract
with a CPA firm, O'Connor, Brooks and
Co., for a financial audit from July 1, 1977
thru June 30, 1978, in the amount of
$8240., General City Audit, Water De-
partment, Sewage Facilities, Parking
Facilities, Metropolitan Solid Waste
Agency, Community Development, Lo-
cal Housing Authority, Federal Rev-
enue Sharing, presented and read. Coun-
cil Member Farrell moved that the re-
quest be approved. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas~Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of City Manager sub-
mitting communication from Building
Commissioner along with remarks and
responses from various local organbm-
tions all relative to State Building and/or
Uniform Building Code, presented and
read. Council Member Werbberger
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, Wertzberger.
Nays-None.
Absent-Council Member King.
Section 2. That the distribution to
the City of Dubuque, Iowa from the
County-City of Dubuque Authority, Inc.
of the sum of $3,334.51 and together with
accounting submitted by said Authority
be and the same is hereby approved and
delivery thereof is herewith accepted.
Section 3. That the City of Dubuque,
Iowa does hereby release and discharge
John Sherman, Chairman, Ray Goed-
ken, Treasurer and Clem Welch, Secre-
tary, from any and all claims in connec-
tion with their duties as members of the
County-City of Dubuque Authority, Inc.
and as officers thereof.
Passed, approved, and adopted this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wert7:berger
James E. Brady
Carolyn Farrell
Council Members
Regular Session, June 5, 1978
WHEREAS Chapter 368 of the Code
of Iowa, as amended, authorizes the ex-
tension of city limits under such cir-
cumstances by adoption of a resolution
therefor; and
WHEREAS the future growth, order-
ly development and preservation of the
public health of the City of Dubuque,
Iowa makes it imperative that said
premises be made a part of the City of
Dubuque, Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA AS
FOLLOWS:
Section 1. That the territorial limits
of the City of Dubuque, Iowa be, and
they hereby are, extended to include the
area comprised of the following des-
cribed real estate:
Lot20f1 ofl ofl ofl ofl ofl of4of1 of
1 of 1 of 1 and 2 of 1 of 1 of Mineral Lot
324
(Said property being shown upon the
plat attached hereto, marked Exhibit
"A" and by this reference made a part
hereof, the boundaries of which being
outlined in red thereon.)
Section 2. That the premises herein
annexed shall become part of the First
voting precinct in the City of Dubuque,
Iowa.
Passed, approved, and adopted this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
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, Wertzberger.
Nays-None.
Absent-Council Member King.
RESOLUTION NO, 191.78
WHEREAS, the City of Dubuque, Io-
wa has heretofore agreed with Dubuque
County, Iowa that the County-City of
Dubuque Authority, 'Inc. be dissolved;
and
WHEREAS, the City Council of the
City of Dubuque, Iowa has ordered the
City Attorney to cause the dissolution of
said Authority to be effected;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE,IOW A:
Section 1. That the dissolution of the
County-City of Dubuque Authority, Inc.
be and the same is hereby ratified, ap
proved and confirmed.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, lOW A:
Section 1. That the Grant Agree-
ment, authorized by the U.S. Depart-
ment of Housing and Urban Develop-
ment on May 23, 1978 for Dubuque's
Fourth Year Community Development
Block. Grant Program is hereby ac~
cepted.
Section 2. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute a Communi-
ty Development Block Grant Program
Agreement identified as Grant Agree-
ment B-78-MC-19-0004 for submission to
the U.S. Department of Housing and Ur-
ban Development.
Passed, approved, and adopted this
5th day of J unc, 1978.
Richard Wertzberger
Mayor Pro-Tern
James E. Brady
Carolyn Farrell
Council Members
Application of Melvin and Marion
Arensdorf requesting annexation of
their property on Peru Road, presented
and read. Council Member Wertzberger
moved that the annexation be approved.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
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.
Nays-None.
Abstain - Mayor Tully.
Absent-Council Member King.
RESOLUTION NO. 190.78
WHEREAS the owners of an area ap-
proximately .20 acres in size lying north
of the main portion of the City of Dubu-
que, Iowa and immediately contiguous
to and west of, that portion of the city
limits identified as Peru Road, now vol-
untarily petition the City Council for an-
nexation of their property to the City of
Dubuque, Iowa; and
WHEREAS the inhabitants of said
territory will be enabled to secure the
benefits of city government if said pro-
perty is incorporated within the limits of
the City of Dubuque, Iowa, to wit the
benefits of police and fire protection, and
the securing of water, sewer and other
municipal services;
256
""-""
._~_._",,'~~
259
Commercial District Classification to HI
Heavy In.dustrial District Cl'assification,
presented and read. Council Member
Wertzberger moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Council Members Brady, Far-
rell, Wertzberger.
Nays - None.
Abstain - Mayor Tully.
Absent-Council Member King.
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-Council Members Brady, Far-
rell, Wertzberger.
Nays - None:
Abstain - Mayor Tully.
Absent-Council Member King.
Council Member Wertzberger moved
that a public hearing be held on the Or-
dinance on July 3, 1978 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the hearing
in the manner required by law. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Council Members Brady, Far-
rell, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
Absent-Council Member King.
May 23,
Honorable Mayor
and Council Members
RE: Final Plats
"High-Land Farm" and "Arbor Oaks"
The City of Dubuque Planning and
Zoning Commission has reviewed three
final plats subdividing property in
"High-Land Farm" subdivision and "Ar-
bor Oaks" Subdivision, all of which are
located south of West Thirty-Second
Street, north of Spring Valley Road and
east of John F. Kennedy Road in the City
of Dubuque, Iowa. The subdivision of the
property is depicted on the attached
maps 1, 2 and 3 and are described as: 1)
subdivides Lot 1-1-1-1-1-1 of 2-1-1 of
"Highland Farm" into Lots 1, 2, 3, 4, and
5 of that subdivision; 2) subdivides Lot
20 of Block 6 in "Arbor Oaks" into Lots 1
and 2 of that subdivision; and subdivides
Lot B of Lot 2 of 1-1-1-1-1 of Lot 2 of 1 of 1
of "High-Land Farm" into Lots 1 and 2 of
that subdivision; and 3) subdivides por-
tions of the above described plats into
Lots 1 through 25 of Block 7 of "Arbor
Oaks" providing for the extension of
Olde Country Lane, and the dedication
1978
Regular Session, June 5,1978
Mayor Pro-Tern Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Pro-Tern W ertzberger,
Council Members Brady, Farrell.
Nays-None.
Abstain....;. Mayor Tully.
Absent-Council Member King.
May 22,
Honorable Mayor
and Council Members
RE: Rezoning Petition
Frommelt's Tent and Awning Co.
The City of Dubuque Planning and
Zoning Commission has reviewed the
petition of Frommelt's Dubuque Tent
and A wning Company for expansion of
an HI Heavy Industrial District to the
Northerly 26 feet of Lot 2 of Lot 1 of Lot
1 of "Henry A. Robinson Industrial Sub-
division" in the City of Dubuque, Iowa.
The property which is located west of
Huff Street and south of Railroad A ve-
nue is currently classified in a C-3
Arterial Business District zone.
In reviewing the petition, the Com-
mission found that the subject Lot 2 of
Lot 1 of "Henry A. Robinson Industrial
Subdivision" is divided by a zoning boun-
dary, the Northerly 26 feet lying in a C-3
Commercial District and the southerly
50 feet lying in an HI Heavy Industrial
zone. The Commission has determined
that the expansion of the HI Heavy In-
dustrial zone is appropriate, and also,
that the petition meets the criteria of a
minor.reclassification as set forth in Sec-
tion 8-103.3 of the Zoning Ordinance.
Accordingly, the City Planning and
Zoning Commission has voted to ap-
prove the petition and recommends that
you schedule a public hearing on the re-
quest.
CITY PLANNING
AND ZONING COMMISSION
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconed by Council Member Far-
rell. Carried by the following vote:
Yeas-Council Members Brady, Far-
rell, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
Absent - Council Member King.
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 reclassifying property in
"Henry A. Robinson Industrial Sub-
division" from C-3 Arterial Business
1978
Regular Session, June 5, 1978
and recommends your favorable consid-
eration.
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 - Council Members Brady, Far-
rell, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
Absent~Council Member King.
RESOLUTION NO_ 192.78
Resolution Approving the Plat of Lot 1
of Lot 1 of Lot 1 of "Henry A. Robinson
Industrial Subdivision, in the City of
Dubuque Iowa and Lot 2 of Lot 1 of Lot
1 of "Henry A. Robinson Industrial
Subdivision", in the City of Dubuque,
Iowa
WHEREAS, there has been filed with
the City Clerk a plat of Lot 1 of Lot 1 of
Lot 1 of "Henry A. Robinson Industrial
Subdivision, in the City of Dubuque,
Iowa, and Lot 2 of Lot 1 of Lot 1 of
"Henry A. Robinson Industrial Subdivi-
sion", in the City of Dubuque, Iowa. by
Owners Wayne W. Anthony and Lenore
E. Anthony, his wife; 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 the same conforms to statutes and
ordinances relating thereto;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1: That the plat of Lot 1 of Lot
1 of Lot 1 of "Henry A. Robinson In-
dustrial Subdivision", in the City of
Dubuque, Iowa, and Lot 2 of Lot 1 of Lot
1 of "Henry A. Robinson Industrial Sub-
division", in the City of Dubuque, Iowa,
be and the same is hereby approved and
the Mayor and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa
upon said plat.
Passed, adopted, and approved by
unanimous roll call this 5th day of June,
1978.
ATTEST:
Leo F. Frommelt
City Clerk
Richard Wertzberger
Mayor Pro-Tern
James E. Brady
Carolyn Farrell
Council Members
Honorable Mayor
and Council Members
RE: Final Plat
AnthonylFrommelt Property
The City of Dubuque Planning and
Zoning Commission has reviewed a final
plat subdividing Lot 1 ofLat 1 of "Henry
A. Robinson Industrial Subdivision" in-
to Lots 1 and 2 of that subdivision. The
property is located west of Huff Street
and south of Railroad A venue in the City
of Dubuque, Iowa.
In their review of the above described
final plat, the Planning and Zoning Com-
mission has found that the intent of the
subdivision of the property is to accom-
modate transfer of ownership of Lot 2.
The City Planning and Zoning Com-
mission has voted to approve the plat
Member King.
Council Member Brady moved that
the City Manager be instructed to dr.aw
up final language agreement with Shive
Hattery and adjust budget to develop In-
dustrial Park in Radford Road area. Se-
conded by Council Member Wertz-
berger. Carried by the following vote:
Y eas ~ Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Council Member Wertzberger moved
that the City Manager be instructed to
provide Block Grant Funds for the pro-
ject between 14th & 16th Streets. MO-
TION DIED FOR LACK OF A SE-
COND.
May 18, 1978
Allan Thoms, Chairman ofMayor's In-
dustrial Development Task Force asked
the question "Should Task Force self
construct?" - Waiting for further direc-
tion.
Council Member Wertzberger moved
that the communication of City Manager
be received and filed and referred to
Council. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counci
258
cies. The original task force reported to
the Council that an engineering service
would be necessary to make a layout and
to estimate the cost of the western area
development. It has been stated that
there are no sources of federal assis-
tance for this type of engineering infor-
mation and consequently budget provi-
sions has been made for this expense. It
is felt, however, that the preliminary
federal and other investigations be
made by the committee before undertak-
ing the engineering study.
Gilbert D. Chavenelle
City Manager
^,;~,,,,~,,"'{i.,;",,
",L~
..~;"".K""">l
-~'--~~
261
WHEREAS, said plat has been exam-
ined by the City Council and they find
that the same conforms to statutes and
ordinances relating thereto, except that
street grades have not been established,
the streets brought to grade, or paving,
sewer or water installed;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the dedications of
Olde Country Lane, Country Cove, Olde
Country Court, Arbor Hills Drive and
Highland Park Drive, together with the
easements for public utilities as the
same appear upon said plat, be and the
same are hereby accepted;
Section 2. That the plat of Block 7 in
"Arbor Oaks" in the City of Dubuque,
Iowa, be and the same is hereby ap.
proved and the Mayor and City Clerk
are hereby authorized and directed (lIto
endorse the approval of the City of
Dubuque, Iowa upon said plat, and (2) to
endorse upon said plat a consent to such
platting by the City of Dubuque, Iowa as
the holder of an encumbrance lien for
special assessments for 32nd Street san-
itary sewer and a release from the 32nd
Street sanitary sewer special assess-
ment encumbrance lien of all streets,
easements and other areas dedicated to
the City of Dubuque, Iowa and the public
by said plat. However, the City of Dubu-
que preserves its lien as to the 32nd
Street sanitary sewer special assess-
ment encumbrance lien as to any and all
other land on which the special assess.
ment has attached other than the
streets, easements and other areas to be
conveyed or dedicated to the public and
the City of Dubuque, Iowa, by said plat
- provided the owners of said property
herein named, execute their written ac-
ceptance hereto attached agreeing:
a. To reduce all street to grade and to
construct concrete curb and gutter
and to hard surface Olde Country
Lane, Country Cove, Olde Country
Court, Arbor Hills Drive and High-
land Park Drive with bituminous con-
crete, or with concrete paving with in-
tegral curb, all in accordance with Ci-
ty of Dubuque standard specifica-
tions;
b. To install sanitary sewer mains and
sewer service laterals in accordance
with plans submitted with the plat;
c. To install water mains and water
service laterals in accordance with
plap,s submitted with the plat;
d. To install storm sewers and catch-
basins in accordance with plans sub-
mitted with the plat;
8. To install concrete sidewalks as re-
quired by Ordinances, and where di-
Regular Session, June 5, 1978
Section 1. The above described plat
be and the same is hereby approved and
the Mayor and Clerk be and they are
hereby authorized and directed to en-
dorse the approval of the City upon said
plat, and the Mayor and Clerk are here-
by further authorized and directed to en-
dorse upon said plat as the holder of the
32nd Street sanitary sewer special as-
sessment encumbrance lien, the consent
of the City of Dubuque to such platting
and a release from the said 32nd Street
sanitary sewer special assessment em-
cumbrance lien of all streets, easements
and other areas dedicated by said plat to
the public and to the City of Dubuque,
Iowa. However, the said release shall
specify that the City of Dubuque pre-
serves its 32nd Street sanitary sewer
special assessment encumbrance lien as
to any and all other land shown on said
plat to which said lien may be attached
other than the streets, easements and
other areas dedicated to the City of
Dubuque and the public by said plat.
Passed, adopted, and approved this
5th day of June, A.D.. 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
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 Wertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counci;
RESOLUTION NO. 195.78
Resolution Approving the Plat of
Block 7 In "Arbor Oaks" In the City of
Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as Block 7 in "Arbor Oaks"
in the City of Dubuque, by Iowa-North-
western Development Company, an
Iowa corporation; and
WHEREAS, upon said plat appear
streets to be known as Olde Country
Lane, Country Cove, aide Country
Court, Arbor Hills Drive, and Highland
Park Drive, together with certain public
utility easements which the Owners by
said plat have dedicated to the public for-
ever; and
WHEREAS, said plat has been exam.
ined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
Member King.
Regular Session, June 5, 1978
sanitary sewer special assessment en-
cumbrance lien of all streets, easements
and other areas dedicated by said plat to
the public and to the City of Dubuque,
Iowa. However, the said release shall
specify that the City of Dubuque pre-
serves its 32nd Street sanitary sewer
special assessment encumbrance lien as
to any and all other land shown on said
plat to which said lien may be attached
other than the street, easements and
other areas dedicated to the City of Du-
buque and the public by said- plat.
Passed, adopted, and approved this
5th day of June, A.D., 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
RESOLUTION NO. 194.78
Resolution Approving Plat of Subdivi.
sian of lot B of lot 2 of lot 1 of lot 1 of
Lot 101 Lot 1 of Lot 1 of Lol20f Lot 1 of
lot 1 of High-land Farm, Dubuque
County,lowa, now in the City of Dubu-
que, Iowa; and of the SubdivIsion of
lot 20, Block 6 in "Arbor Oaks" in the
City of Dubuque, Iowa.
WHEREAS there has been filed with
the City Clerk a plat in which Lot B of
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 2 of Lot 1 of Lot 1 of High-
Land Farm, Dubuque County, Iowa, now
in the City of Dubuque, Iowais platted as
Lot 1 and Lot 2 of the Subdivision of Lot
BofLot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 2 of Lot 1 of Lot 1 of High-Land
Farm, Dubuque County, Iowa, now in
the City of Dubuque, Iowa; and
in which plat Lot 20, Block 5in "Arbor
Oaks" in the City of Dubuque, Iowa is
platted as Lots 1 and 2 of the Subdivision
of Lot 20, Block 5 in "Arbor Oaks" in the
City of Dubuque, Iowa; and
WHEREAS said plat has been exam-
ined by the City Plan Commission and
had its approval endorsed thereon; and,
WHEREAS said plat has been exam-
ined by the City Council and they find
the same conforms to the Statutes and
Ordinances relating thereto:
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
~~;{J
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Hills
Member King.
RESOLUTION NO. 193.78
A Resolution Approving the Plat of
Subdivision of Lot 1 of Loll of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lol2 of Lot 1 of
lot 1 of Highland Farm, Dubuque
County,lowa, now in the City of Dubu-
que, Iowa.
WHEREAS, there has been filed with
the City Clerk a plat in which Lot 1 of Lot
1 of Lot lofLot 1 of Lot 1 of Lot lofLot2
of Lot 1 of Lot 1 of High-Land Farm, Du-
buque County, Iowa, now in the City of
Dubuque, Iowa, is platted as Lot I, Lot 2,
Lot 3, Lot 4, and Lot 5, each of the sub-
division of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1
of High-Land Farm, Dubuque County,
Iowa, now in the City of Dubuque, Iowa;
and
WHEREAS said plat has been exam-
ined by the City Plan Commission and
had its approval endorsed thereon; and,
WHEREAS said plat has been exam-
ined by the City Council and they find
the same conforms to the Statutes and
Ordinances relating thereto:
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
Section 1. The above described plat
be and the same is hereby approved and
the Mayor and Clerk be and they are
hereby authorized and directed to en-
dorse the approval of the City upon said
plat, and the Mayor and Clerk are here-
by further authorized and directed to en-
dorse upon said plat as the holder of the
32nd Street sanitary sewer special as-
sessment encumbrance lien, the consent
of the City of Dubuque to such platting
and a release from the said 32nd Street
260
of new public roadways, Arbor
Drive and Highland Park Drive.
In reviewing the final plats, the Plan-
ning and Zoning Commission has found
them to be in conformance with the ap-
proved preliminary plat of the area and
are in compliance with the Subdivision
Regulations and the Zoning Ordinance
of the City of Dubuque, Iowa.
The City Planning and Zoning Com-
mission has voted to approve the final
plats herein described and recommends
your favorable consideration.
CITY PLANNING
AND ZONING COMMISSION
Daniel Dittemore
Director of
Community Development
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, Wertzberger.
Nays-None.
Absent-Counci
",d,,"_.I'i
section, Including Signalization,
Crossover, and Deacceleration Lanes
in Accordance with the Plans and
Specifications Dated September 8,
1977 and Approved by the Office of tha
City Engineer, Dubuque, lowaj the 10.
wa Department of Transportation Res-
Ident Englneerj and the Iowa Depart.
ment of Transportation District Engin.
eer, at the'lntersection at U.S. 20 at the
Site of the Midway Motor Lodge.Hoft.
man House Restaurant.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA
Section 1:
a. That the grantee agrees to con-
struct the intersection as described
above concurrent with the construc-
tion of the complex. Signals will be in-
stalled upon delivery from the ap-
proved manufacturer, and operation-
al prior to the occupancy of the site.
The entire cost thereof including the
cost of engineering and inspection
will be paid by the grantee.
b. That said intersection shall be con-
structed in accordance with plans ap-
proved by the Iowa Stae Department
of Transportation and the City Man-
ager and under the supervision and
direction of the Iowa Department of
Transportation.
c. That the grantee shall enter into a
contract for the construction of said
intersection a well qualified contrac-
tor which contract, among other
things, will contain a clause requiring
the contractor to obtain all necessary
permits required by the City of Dubu-
que and the Iowa Department of
Transportation, a clause obligating
the contractor and his bondsman to
keep said intersection in good repair
for a period of not less than four (4)
years from the date of acceptance of
the work, and a clause requiring the
contractor to furnish surety bond
with the City of Dubuque named as
one of the obligees, guaranteeing the
faithful performance of said contract.
d. That upon completion of said in-
tersection and the acceptance of the
same by the City Council, said in-
tersection shaH become public under
the exclusive charge and control of
the City of Dubuque and the Iowa De-
partment of Transportation.
Section 2. That the authority granted
herein shall terminate on April 17, 1979,
unless the terms and conditions of this
ordinance are accepted in writing by the
grantee prior to that date.
Section 3. This resolution shall be in
full force and effect from and after its
final passage, adoption and publication
as provided by law.
263
Regular Session, June 5, 1978
Passed, adopted, and approved this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
Regular Session, June 5, 1978
Dated at Dubuque, Iowa. this 16th day
of June, 1978,
lOW A-NORTHWESTERN
DEVELOPMENT COMPANY
By: James A, Schwers
President
By: Carolyn E. Thompson,
Secretary-Treasurer
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, Wertzberger.
Nays-None,
Absent - Council Member King.
(A Resolution Accepting Improvement:
RESOLUTION NO. 197.78
WHEREAS, the contract for the Cen-
tral A venue Street Lighting from 9th
Street to 12th Street has been com-
pleted and the City Manager has exam-
ined the work and filed his certificate
stating that the same has been com-
pleted according to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now there-
fore,
BE IT RESOLVED, by the City Coun-
cil of the City of Dubuque, that the
recommendation of the City Manager be
approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
direeted to pay to the contractor from
the funds to be realized from the Rev-
enue Sharing Fund issued upon the
above described improvement in
amount equal to the amount of his con-
tract, less any retained percentage pro-
vided for therein.
Passed, adopted, and approved this
5th day of June, 1978,
Thomas A, Tully Jr.
Mayor
Richard Wertzberger
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, Wertzberger,
Nays-None.
Absent-Council Member King.
RESOLUTION NO. 198.78
A Resolution Granting Mi Lo Asso-
ciates the Right to Construct An Inter.
To:
Leo F. Frommelt
City Clerk
This is to certify that the security pro-
vided by the foregoing RESOL UTION
NO. 195.78 has been furnished by the
1978
To the Honorable Mayor
and City Council
The construction of the Central A ve-
nue Street lighting from 9th Street to
12th Street has been substantially com-
pleted in accordance with plans and
specifications by Tri-State Paving, Divi-
sion of Dubuque Stone Products Com-
pany, Inc. of Dubuque, Iowa,
Gilbert D, Chavenelle
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, Wertzberger.
Nays-None.
Absent-Counci
FINAL ESTIMATE
'RESOLUTION NO. 196.78
WHEREAS, the contract for the con-
struction of the Central A venue Street
Lighting from 9th Street to 12th Street
has been completed and the City
Engineer has submitted his final
estimate showing th,e cost thereof in-
cluding the cost of estimates, notices, in-
spection, and preparing the assessment
and plat, now therefore,
BE IT RESOLVED, by the City Coun-
cil of the City of Dubuque,
'fhat the cost of said improvement is
hereby determined to be $26,764.12.
That none of the cost thereof shall be
assessable upon private property and
$26,764.12 shall be paid from the Rev-
enue Sharing Fund of the City of Du-
buque.
owners.
Dated at Dubuque,
of June, 1978,
Gilbert D. Chavenelle
City Manager
Council Member Farrell moved adop-
tion of the Resolution, Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None,
Absent - Counci
this 19th day
Member King.
Member King.
May 24,
Iowa,
rected by the City Engineer and the
City Manager;
f. To install boulevard street lighting
in accordance with plans submitted
with the plat;
g. To construct the foregoing im-
provements in accordance with plans
and specifications approved by the Ci-
ty 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 accep-
tance by the City of Dubuque, Iowa;
I. To provide the foregoing construc-
tion and maintenance at the sole ex-
pense of the subdivider, Iowa-North-
Western Development Company, an
Iowa corporation, as owner;
j. To construct said improvements,
except sidewalks and street lighting
prior to November 1, 1979, and to con-
struct the sidewalks and street
lighting prior to November 1, 1981;
and further provided that said Iowa-
Northwestern Development Company,
an Iowa corporation, as owner of said
Subdivision, secure the performance of
the foregoing conditions by providing
security in such form and with such se-
curities as may be acceptable to the City
Manager,
Section 3. That in the event Iowa-
Northwestern Development Company,
an Iowa corporation, shall fail to execute
the acceptance and furnish the security
provided for in Section 2 hereof within
45 days after the date of this Resolution,
the provisions hereof shall be null and
void and the acceptance of the dedica-
tion and approval of the plat shall not be
effective,
ACCEPTANCE OF RESOLUTION
NO. 195.78
We, the undersigned, Iowa-North-
western Development Company, having
read the terms and conditions of the
foregoing Resolution No. 195-78 and be-
ing familiar with the conditions thereof,
hereby accept the same and agree to per-
form the conditions required therein,
262
Passed, adopted, and approved this
5th day of June, A.D.. 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E, Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F, Frommelt
City Clerk
265
These amendments are proposed at
this time in response to communications
from the Federal Insurance Administra-
tion. That agency has notified the City
that it must establish flood plain man-
agement regulations consistent with
Federal criteria by July 3, 1978. or lose
eligibility under the National Flood In-
surance Program.
The Planning and Zoning Commission
has unanimously approved the proposed
amendments and recommends your fav-
orable consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of
Community Development
Council Member Farrell 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, W ertzberger.
Nays-None.
Absent - Council Member King.
Regular Session, June 5,1978
ward the required documents to the
Iowa Department of Transportation.
Passed, adopted, and approved this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
Carolyn Farrell
Council Members
AN ORDINANCE of the City of
Dubuque, Iowa, providing that the Code
of Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by enacting a new Section
1-101.3.3 of Article I adding Special Plan-
ning Districts to the list of special pur-
pose districts established by the Or-
dinance; and further by enacting a new
Section 4.111 of Article IV, creating
Special Planning Districts, prescribing
therein, General Provisions, a General
Statement of Intent, Effect of Special
Planning District Designation, and
Special Plan approval, presented and
read. Council Member Farrell moved
that the reading just had be conSidered
the first reading of the Ordinance.
Seconded by Council Member Wertzber-
ger. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent- Council Member King.
Council Member Farrell 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 Wertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Council Member Farrell moved that a
public hearing be held on the Ordinance
on June 28, 1978 at 4:30 o'clock P.M. in
the Council Chamber at the City Hall
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved that
Welu Street be deleted from the three
year street Construction Program. Se.
conded by Council Member Wertzber-
ger. VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas-Council Members Brady,
Wertzberger.
Nays - Mayor Tully, Council Member
Farrell.
MOTION FAILED.
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote;
Yeas-Mayor Tully, Council Mem-
bers Farrell, W ertzberger.
Nays-Council Member Brady.
Absent-Council Member King.
Council Member Farrell moved that
the City Clerk be instructed to notify
property owners subject to possible as-
sessment for construction of future
street improvements. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
May 18, 1978
Honorable Mayor and Council Members
RE: Proposed Zoning Amendments
Special Planning Districts
Special Flood Hazard Overlay Districts
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on certain amendments to the
text of the City of Dubuque Zoning Or-
dinance which provide for the establish-
ment of Special Planning Districts and
Special Flood Hazard Overlay Districts.
Copies of the proposed amendments are
attached.
The first amending ordinance pro-
vides for the creation of Special Plan-
ning Districts to allow for theapplica-
tion of specialized regulations in par-
ticular areas where conditions require
such attention. The second ordinance
provides for the establishment of two
overlay districts in flood hazard areas in
which specific performance standards
for new development and substantial im~
provements are applied.
."-~.",,,,,..._,,.:,
-~~_.~
Section 1.That the delivery of
replacement deed to William C. Brown
Publishers covering the following de-
scribed real estate:
Lot 2 of Block 1 of River Front Sub.
No.5 in the City of Dubuque, Iowa
containing 3.6371 acres more or less
be and the same is hereby approved sub-
ject to furnishing proof to the satisfac-
tion of the City Manager that any and all
real estate taxes due and owing have
been paid or in the alternative, that sat-
isfactory arrangements have been made
for payment of same.
Section 2. That the City Clerk be and
he is hereby directed to file a certified
copy of this Resolution in the office of the
Dubuque County Recorder and in the of-
fice of the City Assessor in and for the
City of Dubuque, Iowa.
Regular Session, June 5, 1978
Passed, adopted, and approved this
5th day of June, 1978.
Richard Wertzberger
Mayor Pro- Tem
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
264
Passed, adopted, and approved this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counc:
RESOLUTION NO. 200.78
Resolution Approving a Tentative
Three Year Street Construction Pro-
gram and Submitting Same to the Iowa
Department o' Transportation
WHEREAS, the office of the City En-
gineer has prepared, in accordance with
instructions from the City Manager a
Tentative Street Construction Program
for the years 1978, 1979 and 1980; and
WHEREAS, said construction pro-
gram shall be filed with the Iowa Depart-
ment of Transportation by June 12, 1978
for the purpose of allocating Road Use
Taxes to Municipalities; and
WHEREAS, this Council has re-
viewed the Tentative Street Construc-
tion Program of the City of Dubuque,
Iowa.
NOW, THEREFORE, BE IT resolved
by the City Council of the City of Dubu-
que, Iowa, that the. Tentative Three
Year Street Construction Program for
the years 1978, 1979 and 1980 as
prepared by the City Engineer, be and
the same is hereby approved and the Ci-
ty Manager is hereby directed to for-
Member King.
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 198.78
Donald R. Staley, Managing Partner
of Mi Lo Associates having full know-
ledge and understanding of all the terms
and conditions of Resolution No. 198-78,
hereby accepts the same as passed and
agrees to comply with the terms and con-
ditions thereof.
Adopted this 5th day of June 1978.
Isl Donald R. Staley
Managing Partner,
Mi Lo Associates
Donald Staley of the Iowa Depart-
ment of Transportation spoke to the
resolution - Intersections to be 320 feet
apart.
Mayor Pro-Tern Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Pro-Tem Wertzberger,
Council Members Brady, Farrell.
Nays - None.
Abstain-Mayor Tully.
Absent-Council Member King.
Communication of Attorney H. F.
Reynolds for William C. Brown Com-
pany Publishers, relative to a lost or
misplaced deed for property purchased
in 1974, presented and read. Council
Member Farrell moved that the commu-
nication be received and filed. Seconded
by Council Member Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, W ertzberger.
Nays-None.
Absent-Council Member King.
RESOLUTION NO. 199.78
WHEREAS, the City of Dubuque,
Iowa has heretofore executed and
delivered deed to William C. Brown Pub-
lishers, dated June 3, 1974 covering the
real estate hereinafter described; and
WHEREAS, on May 23, 1978 written
communication was received from Mr.
H. F. Reynolds, attorney for William C.
Brown Publishers stating that they had
not recorded said deed and same has
been misplaced and cannot be found for
present recording and requesting
delivery of replacement deed.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
-~ ~-,."."....~~._."~~'"'\~;~~"
266
267
Regular Session,June 5, 1978
Dubuque Packing Co., 701 East 16th St.
Eagle Discount Center #109, 200 S.
Locust St.
Eagle Discount Supermarket #130, 1800
Elm St.
Eagle Discount Supermarket #144, 3033
Asbury St.
May's Drug Store #204,3049 Asbury St.
Patrick Fenelon, 3130 Jackson Street
Nellie Jane Fitzgibbons, 1700 Central
A venue
Ted J. and Georgia Heinz, 1278 Central
A venue
Ron's Barrell Tap, 1121 University Ave-
nue
Imperial
Road
Junnie's Lounge, Ltd., 2095 Kerper Blvd.
Thomas E. Kessler, 1993 Asbury Road
Joseph Kiefer, 2301 University Ave.
JoAnn H. Klauer-Pamela Schurbon, 1097
Jackson Street
James J. Klauer-Robert D. Klauer, 1646
Asbury Road
Miracle Car Wash Inc., 255 Locust St.
Montgomery Ward & Co., 555 John F.
Kennedy Road
Nash Finch Company, John F. Kennedy
Road
Palmer Drug Co., 2600 Dodge Street
Thelma Paradiso, 3058 Asbury Road
Richard M. Richman, 1618 Central A ve-
nue
Riverside Bowl, 1860 Hawthorne
Ruegnitz Drug, 629 Rhomberg Ave.
Robert's Food Service, Inc., 62 Locust St.
Liberty Restaurants Inc., 401 Central
Ave.
Raymond Tschiggfrie, 1190 Dodge St.
Daniel W. and Marilyn K. Bauer, 351
Dodge St.
Adella Ferring, 385 East 13th St.
Heron Inc., 709 University Ave.
Leonard Oil Company, 1387 Dodge St.
Martin Oil of Dubuque, 280 Locust St.
Martin Automatic Carwash, 2175 Cen-
tral Ave.
Patricia Revelle, 2776 Jackson St.
R. & S. Enterprises, 485 Central Ave.
Alice B. Weber, 1187 Iowa Street
Kermit Meyer, 336 Main Street
this
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:C
3505 Stoneman
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
James E. Brady
Carolyn Farrell
Council Members
Passed, adopted, and approved
5th day of June, 1978.
Inc.
ATTEST:
Leo F. Frommelt
City Clerk
Lanes
RESOLUTION NO. 201.78
BE IT RESOLVED, By 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
Cigarettes wi,thin the City of Dubuque,
Iowa, be granted a permit to sell Ciga-
rettes and Cigarette Papers within said
City.
George K. Arvamtis, 1958 Central Ave
nue
Alfred Brandt, 2600 Central A venue
Clark Oil & Refining Corp., 1005 Dodge
Street
Cremer Grocery Co. Inc., 731 Rhomberg
A venue
Dodge House Motel, 701 Dodge Street
Eska Company, 2400 Kerper Blvd.
Hardie's Drive In, 703 Dodge Street
Hartig Drug Company, 700 Town Clock
Plaza
Hartig Drug Company, 97 Locust Street
Hartig Drug Company, 2225 Central
A venue
Hartig Drug Company, 2255 John F.
Kennedy Road
Holiday Oil Dist., Inc., 400 Rhomberg
Holiday Oil Dist., Inc., 605 Dodge Street
Holiday Oil Oist., Inc., 14th and Central
A venue
Holiday Oil Dist., Inc., 980 Dodge Street
Holiday Oil Dist.,Inc., 1685 John F. Ken-
nedy Road
Iowa Oil Company - Station #33, 1481
Dodge Street
James L. Norton, 902 Main Street
Osco Drug, Inc. #849, 703 Main Street
Eugene A. Otting, 1689 Elm Street
Mathias Schneller, 2372 Central A venue
W. S. Sheppley Co., Town Clock Plaza
Thompson's Food Markets, Inc., Oky Do-
ky #6, 1256 Iowa Street
Thompson's Food Markets, Inc., Oky Do-
ky #9, 51 West 32nd Street
Thompson's Food Markets, Inc., Oky 00-
ky #15, 1545 S. Grandview A venue
Vivian Heinz, Oky Doky #7, 3301 Penn-
sylvania A venue
Will-Co.. Inc., Oky Doky #10, 805 West
5th Street
Richard Tigges, 1701 Asbury Road
Transcalle, Inc., 2260 John F. Kennedy
Road
Walgreen Co., 555 John F. Kennedy
Road
Chuck Wong, 376 Main Street
A. Y. McDonald Mfg. Co., 12th and Pine
Street
Beecher Co., Inc., 2399 White Street
Beecher Co., Inc., 1691 Asbury Road
William Billikas, 926 Main Street
Bishop Buffet, Kennedy Mall
Donald Bradley, 1091 Main Street
Canfield Hotel, Inc., 36 West 4th St.
Dubuque Municipal Airport, Highway
61 South
Regular Session, June 5,1978
division" and "Sunset Park Subdivision
No.4". The property is located on the
south side of Pennsylvania A venue west
of the Hamilton Glen Aprtments in the
City of Dubuque, Iowa, and the develop-
ment scheme is depicted on the attached
maps. The plats are desribed as follows:
1) a subdivision of Lot 1 of Lot 2 and Lot 3
in "Byrne's Subdivision" into Lot 1 and
Lot 2 of Lot 1 of Lot 2 of "Byrne Subdivi-
sion" and Lot 1 and Lot 2 of Lot 3 of
"Byrne Subdivision"; and 2) subdivides
portions of the first plat into Blocks 1, 2,
3, 4 and 5 of "Sunset Park Subdivision
No.4".
In their review the City Planning and
Zoning Commission has found that the
final plats are in conformance with the
approved preliminary plat of the area
and are in compliance with the Subdivi-
sion Regulations of the City of Dubuque,
Iowa.
The City Planning and Zoning Com-
mission has voted to approve the final
plats herein described and recommends
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 Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
A RESOLUTION Approving plat of
the Sub. of Lot 1 of 2 and Lot 3 in Byrnes
Sub.;
A RESOLUTION Approving plat 01
Lots 1-30 incI. Block 1, Lots 1-26 incl.
Block 2, Lots 1-10 incI. Block 3, Lots 1-13
incI. Block 4, Lots 1-3 incl. Block 5 all in
Sunset Park Sub. No.4, presented and
read.
Attorney Leo McCarthy spoke to the
resolutions stating Donovan Drive is a
collector street; also concerned about
Welu Drive,
John White and Vern Schlitz addres-
sed the Council relative to the resolu-
tion. Council Member Wertzberger
moved adoption of the Resolutions.
Seconded by Council Member Farrell.
VOTE ON THE MOTION WAS FOL-
LOWS:
Yeas - Council Members Farrell,
Wertzberger.
Nays -Mayor Tully, Council Member
Brady.
Absent-Council Member King.
MOTION FAILED.
Council Member Brady moved to
table the Resolution. MOTION DIED
FOR LACK OF A SECOND.
Member
AN ORDINANCE of the CIty of
Dubuque, Iowa, providing that the Code
of Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by enacting a new Section 4-111.2
of Article IV, creating Special Flood
Hazard Overlay Districts, prescribing
therein a General Statement of Intent,
Supplemental Definitions, General Pro-
visions, Establishment of Flood Hazard
Overlay Districts, Standards for the
Floodway Overlay and Floodway Fringe
Overlay Districts, Floodway Fringe
Overlay District Provisions, Floodway
Overlay District Provisions, and Admin-
istration, presented and read. Council
Member Farrell moved that the reading
just had be considered the first reading
of the Ordinance, Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Council Member "Farrell 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 Wertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Council Member Farrell moved that a
public hearing be held on the Ordinance
on June 28, 1978 at 4:30 o'clock P.M. in
the Council Chamber at the City Hall
and that the City Clerk be instructed to
publish notice of the hearing in the man-
ner required by law. Seconded by Coun-
cil Member W ertzberger. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent - Council Member King.
May 23, 1978
Honorable Mayor and Council Members
FINAL PLATS: "BYRNE'S SUBDI-
VISION" and "SUNSET PARK NO.4"
The City of Dubuque Planning and
Zoning Commission has reviewed two fi-
nal plats of property in "Byrne's Sub-
and that the City Clerk be instructed to
publish notice of the hearing in the man-
ner required by law. Seconded by Coun~
cil Member Wertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Councr
King.
269
iug time of the bus at 8:20 A.M. on Sat-
urdays, presented and read. Council
Member Farrell moved that the commu-
nication be referred to the Council and
transit Board. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. Wertzherger.
Nays-None.
Absent- Council Member King,
Communication of Mrs. R. Bemis ob-
jecting to the Point Bus being on an hour
schedule, also objecting to the starting
time of 8:20 A,M, on Saturdays, pre-
sented and read, Council Member Far-
rell moved that the communication be
referred to the Council and Transit
Board. Seconded by Council Member
W ertzberger. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Dubuque Council of
Churches, in resolution form adopted
May 9, 1978, urging the Council to place
a high priority on providing an adequate-
ly funded and workable bus system as a
part of the normal set of community ser-
vices, presented and read.
Audrey Mortenson of the Council of
Churches spoke to the Council re-
questing that the bus system remain
high on the list of services.
Council Member Farrell moved that
the communication be referred to the
Council and Transit Board. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counci
Member King.
Petition of Berta Defendi et al (79
signers) objecting to the curtailment of
bus service as proposed, presented and
read. Council Member Farrell moved
that the petition be referred to the Coun-
cil and Transit Board. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Petition of Anthony Eberhardt et al
(78 signers) and Petition of Mary L. Kit-
chen et al (2663 signers) requesting in-
crease in Key Line Budget, to authorize
from unencumbered funds of the City,
Grant Key Line Board four to six year
plan for improvements, presented and
read. Council Member Farrell moved
that the petition be referred to the Coun-
cil and Transit Board. Seconded by
Regular Session, June 5, 1978
railroad tracks north of 7th Street
however being concerned about repair
of tracks south of 7th Street, 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, Wertzberger.
Nays - None.
Absent-Council Member King.
Communication of Peoples Natural
Gas notifying they have put into effect
on April 1, 1978 a portion oUts proposed
increase filed on March 1, 1978, said in-
crease is lower than originally proposed,
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, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of James Meyer of
1525 Alta Vista requesting enforcement
of parking regulations "No Parking" on
the north side of Vernon St., presented
and read. Council Member Wertzberger
moved that the communication be re-
ferred to the City Manager and Traffic
Department. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Mary Sack plead-
ing that no permanent barricades be
placed at Pennsylvania and Keyway,
presented and read. Council Member
Wertzberger moved that the communi-
cation be referred to Council. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Al?sent-Council Member King.
Communication of Rosemary Wilhelm
by Gibson Realtors, requesting vacation
of an alley in Brunskill Addition located
at 2774 University Ave., presented and
read. Council Member Wertzberger
moved that the communiction be re-
ceived and filed and referred to City
Manager. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Mrs. Ethel Ernzen,
1550 Butterfield, objecting to the start-
,_....- -~_._,~....~.."'_C4.~~~..;;:.-.>,,,1X 2'..........,"'"'"..;:;;c..-,~~..-/._ ~.~..-.
268 Regular Session, June 5, 1978
Heron, Inc., 709 University Ave.
J. & RC Inc., 431 Rhomberg Ave.
Eugene A. Otting, 1689 Elm St.
Riverside Bowl, Inc., 1860 Hawthorne St.
Passed, adopted, and' approved this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
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, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Public Works
Director Murray submitting a copy of
the Draft Environmental Impact State-
ment for the North-West Arterial Road,
presented and read. Council Member
Wertzberger moved that the communi-
cation be received and filed and referred
to Council. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of City Attorney sub-
mitting information from the Dubuque
Screw Products Inc. advising that at
present they still have no plans for con-
struction on Lot 5 of Block 1 River Front
Sub. No.5, presented and read. Council
Member Farrell moved that the commu-
nication be received and filed and refer-
red to City Attorney for finalization.
Seconded by Council Member Wertz-
berger. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Petition of Dubuque Cycle Club re-
questing permission to sponsor the Se-
cond Annual Dubuque Bicycle Race on
Labor Day, presented and read. Council
Member Wertzberger moved that the
petition be approved subject to im-
plementation of t}le City Manager.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, W ertzberger.
Nays-None.
Absent-Council Member King.
C~munication of Dock Commission
endorsing action taken in repairing
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, W ertzberger.
Nays-None.
Absent-Council Member King.
RESOLUTION NO. 202.78
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 bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the Ci-
ty of Dubuque, Iowa, that the Manager
be authorized to cause to be issued to the
following named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
Alice B. Weber, 1187 Iowa St.
Dubuque Art Association (Also Sunday
Sales) 8th and Central
CLASS "C" BEER PERMIT
Vivian Mary Heinz (Also Sunday Sales)
3301 Pennsylvania Ave.
Passed. adopted, and approved this
5th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
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, Wertzberger.
Nays-None.
Absent-Council Member King.
RESOLUTION NO. 203-78
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 RE-
SOLVED, By the City Council of the Ci-
ty of Dubuque, Iowa, that the Manager
be authorized to cause to be issued to the
following named applicants a Liquor Li-
cense.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
American_Legion, Dubuque Post #6,
1306 Delhi St.
Tail 'N Ale of Dubuque, Iowa, Inc. 2560
Dodge St.
_.""~.ti-
'~"""'''''''~'.~...''-+.~'H..-,,~. ~
270
271
of May 17, 1978, and determined that
consideration of such amendments is
appropriate and that further study is
warranted. Consequently, the Commis-
sion has voted to table the proposals to
their meeting of June 21, 1978, to give
the staff an opportunity to review them.
Accordingly, the Planning and Zoning
Commission has voted to request your
body defer action at your scheduled pub-
lic hearing and reconvene it at such time
as the Commission has had an opportuni-
ty to study the amendments and return
their recommendation to you.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of
Community Development
Council Member Brady moved that
the communication be received and filed
and Council concur with request.
Seconded by Council Member Wertzber"
ger. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent~Council Member King.
Communication of Human Rights
Commission submitting minutes of their
meetings of April 20 and May 11, 1978,
presented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Airport Commis-
sion submitting minutes of their meet-
ing of May 11, 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, Wertzberger.
Nays-None.
Absent~Council Member King.
Communication of Community Devel-
opment Commission submitting minutes
of their meeting of May 9, 1978,
presented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas~Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays~None.
Absent-Council Member King.
Communication of DMA TS submit-
ting minutes of their meeting of May 25,
1978, presented and read. Council Mem-
ber Wertzberger moved that the min-
Regular Session, June 5, 1978
pletion of his term in May, presented and
read. Council Member Wcrtzberger
moved that the resignation be accepted
with regret. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger,
Nays - None.
Absent-Counci
Member King.
May 23, 1978
Honorable Mayor and Council Members
RE: COMMERCIAL DISTRICTS
AMENDMENT
BARS AND TAVERNS
The City of Dubuque Planning and
Zoning Commission has received your
communication referring Councilman
Brady's amendment proposals seeking
to revise provisions in Commercial
Districts to enact standards for reg-
ulating the size of bars and taverns and
prescribing requirements for restroom
facilities and parking for such estab-
lishments.
The Planning and Zoning Commission
reviewed the proposals at their meeting
Member King.
May 22, 1978
Honorable Mayor and Council Members
RE: FINLEY HOSPITAL EXPANSION
FINAL DEVELOPMENT PLAN AP-
PRO V AL
The City of Dubuque Planning and
Zoning Commission has reviewed the Fi-
nal Development Plan submitted by Fin-
ley Hospital for their ID Institutional
District Planned Unit Development.
Finley Hospital is proposing an expan-
sion of medical facilities and related uses
on their property located south of Delhi
Street and west of North Grandview
A venue in the City of Dubuque, Iowa.
The Commission has found that the Fi-
nal Development Plan meets the criteria
for approval as set forth'in the Zoning
Ordinance and has voted unanimously to
grant approval of the Plan. A copy of the
Site Plan has been sent to the Building
Department and adherence to it will be
monitored by the Building Commission.
This communication is to inform you
of the approval of Finley's Final De-
velopment Plan and no further action is
required of the City Council.
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, Wertzberger.
Nays-None.
Absent-Council
Regular Session, June 5, 1978
Member King.
Communication of City Manager re-
commending installation of a street light
at the northeast corner of Windsor &
Providence Streets.. Raymond Leusch-
ner petition, presented and read. Coun-
cil 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, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Allan J. Carew sub-
mitting his resignation from the Plan-
ning & Zoning Commission at the com-
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzbcrger.
Nays-None.
Absent-Council Member King.
Petition of Robert Millius et al (4
signers) praying for relief in the parking
of a 24 ton tandem truck parked in Beck-
er Court as a daily occurrence, pre-
sented and read. Walter Becker, Robert
Millius and Joyce Becker spoke to the
Petition requesting to have truck
moved; 5 ton truck limit be put on the
street. Council Member Wertzberger
moved that the petition be received and
filed and referred to City Manager and
Traffic Department. Seconded by Coun-
cil Member Farrell. Carried by the
following vote:
Yeas-Mayoi' Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of City Manager re-
commending that City owned Lots 138 &
139 Mechanic's Addition not be sold due
to the existence of a storm sewer and
abutting the Kaufmann Ave. steps in re-
ply to inquiry of Bisping Realty. pre-
sented and read. Council Member Brady
moved that the recommendation be ap-
proved. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of City Manager
recommending that City owned Lots 314
& 315 in Lennox Addition not be sold due
to the existence of a storm sewer in reply
to inquiry of Herrig Real Estate, pre-
sented and read. Council Member Brady
moved that the recommendation be ap-
proved. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counci
Les Gardner addressed the Council
stating the Dubuquefest is a non-profit
organization; Arts Festival to be held in
1979; Seeking support ideas and Staff
time to help promote these events;
Funding from Iowa Arts Program in-
dicating a request letter of intent by the
Council by July 1st, in the amount of
$4000.00 as a matching fund. Council
Member Brady moved that the petition
be received and filed and Mayor be
authorized to draw up a letter of intent
for maximum matching funds in amount
of $4000.00. Seconded by Council
Member Farrell. Carried by the follow"
ing vote:
Member King.
Petition of West 11th St. Community
Development Committee, requesting to
address the Council relative to a pro-
posal for purchase of house at 567 Ar-
lington St. to be used as a neighborhood
center, estimated rehab. cost of $17,700.,
presented and read. Council Member
Wertzbcrger moved that the petition be
received and filed and referred to Coun-
cil and Community Development Com-
mission. Seconded by Council Member
Brady. Carried by the following vote:
Council Member Werb:berger. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of City Manager sub-
mitting a report from Public Works Di-
rector Murray relative to leasing space
in Medical Associates Building and re-
commending concurrence, presented
and read.
Mrs. Judy Reilly, Chairman of Youth
Services, stated their department would
want to be excluded from a move.
Council Member Wertzberger moved
that the recommendation be amended
and City Manager directed to proceed.
MOTION DIED FOR LACK OF A SE-
COND.
Council Member Wertzberger moved
that the communication be received and
filed and referred to Council. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counci
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent - Couner
Member King.
Petition of Dubuquefest requesting to
address the Council to solicit support for
their Dubuquefest activity, presented
and read.
273
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. Wertzberger.
Nays-None.
Absent-Council Member King.
Notice of Claim of Donald & Darlene
M. Christ. Margaret Casey, John Deere
Insurance Co., in an undetermined
amount, for damages incurred as the re-
sult of the Christ home being struck by a
Keyline Bus on March 25. 1978, pre-
sented and read. Council Member
Wertzberger moved that 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. Wertzberger.
Nays - None.
Absent - Council Member King.
Notice of Claim of Gregory Luschin-
ger, in the amount of$1000., for property
damage incurred as the result of a
backed-up sewer at 1916 Lagen St. on
May 13, 1978, presented and read. Coun-
cil Member W ertzbergermoved 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, Wertzberger.
Nays-None.
Absent - Council Member King.
Notice of Claim of Daniel G. RoseHep.
in the amount of $98.70 for car damage
incurred as the result of driving over
buckled-up pavement on Pennsylvania
Ave. on May 21, 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, Wertzberger.
Nays - None.
Absent - Council Member King.
Notice of Claim of Viola M. Cosley, in
the amount of $225., for property dam-
age incurred as the result of a backed-up
sewer at 127 N. Booth St. on May 12th &
13th, presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City At-
torney for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays--None.
Absent-Counci!
King.
Member
Regular Session, June 5, 1978
Cullough in the amount of $10.00 be ap-
proved and that the City Auditor be in-
structed to draw warrant payable in the
amount of $10.00 to said claimant and
transmit same to the City Attorney for
delivery upon receipt of appropriate
releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the recommendation of settlement
be approved and City Auditor directed
to issue proper warrant. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of City Attorney
recommending denial of sewer back-up
claim of David A. Baumann, as same has
been amicably disposed of; Recommen-
ding denial of car damage claim of Marty
Adkins; Recommending denial of water
damage claim of Arthur Bast; Recom-
mending denial of car damage claim of
William H. Baker, amicably disposed of;
Recommending denial of car damage
claim for Ambrose Blake, amicably
disposed of; Recommending denial of car
damage claim of Harry F. Radloff;
Recommending denial of car damage
claim of Lloyd F. & Barbara Auderer;
Recommending denial of claim of Ameri-
can Trust & Savings Bank, Clement
McGuire Trust, amicably disposed of,
presented and read. Council Member
Wertzberger moved that the recommen-
dations of denial be approved. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Notice of Claim of Mrs. John C. White-
head, in the amount of$1775. for damage
incurred as the result of a backed-up
sewer at 1906 Elm Street on May 13,
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, Wertzberger.
Nays-None.
Absent-Council Member King.
Notice of Claim of Richard & Janice
Rapp, in an undetermined amount, for
damage incurred as the result of a
backed-up sewer at 1925 Grant St. on
May 13,1978, presented and read. Coun-
cil Member Wertzberger moved that the
--"""""'lI_~~,;";;""-",,,,,
Regular Session, June 5,1978
of their meeting of May 23, 1978,
presented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, W ertzberger.
Nays-None.
Absent-Council Member King.
Communication of Citizens Advisory
Commission submitting minutes of their
meeting of May 23, 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, Wertzberger.
Nays-None.
Absent-Council Member King.
Communications from D.E.Q. submit-
ting supplement to construction permit
for modification of the Fluoride Installa-
tion Water Treatment Plant Expansion;
also receipt of water extension plans
submitted by Asbury Springs Subdivi-
sion #4, presented and read. Council
Member Wertzberger moved that the
communications be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Housing Rehab.
Program submitting summary of activi-
ty as of May 18, 1978, 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, Wertzberger.
Nays-None.
Absent-Council Member King.
May 19, 1978
Honorable Mayor and City Council
Claim was filed by Delbert J. McCul-
lough of 1860 Carter Road on April 28,
1978, claiming that on March 19, 1978,
while attempting to park his motor vehi-
cle on Stetmore Street, the pavement
collapsed causing the wheel of said vehi-
cle to fall into a 5'x5'x4' hole. Claimant
required towing services to remove said
vehicle, which company charged him
$10.00 for said services.
This matter was referred to the City
Attorney who has made investigation
thereof and has checked with the Street
Department and finds that matters are
as claimed by the claimant. It is, there-
fore, the recommendation ofthe City At-
torney that the claim of Delbert J. Mc-
~;,....~.""", "'#_'~_,",7.~_~~'
272
utes be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Five Flags Center
Commission submitting minutes of their
meetings of May 18 and May 23, 1978,
presented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Planning & Zoning
Commission submitting minutes of their
meetings of May 3 and May 17,1978, pre-
sented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Housing Commis-
sion submitting minutes of their meet-
ing of May 16.1978, 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, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Transit Trustee
Board submitting minutes of their meet-
ing of May 3, 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, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Playground and Rec-
reation Commission submitting minutes
of their meeting of May 8, 1978,
presented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Communication of Housing Rehabil-
itation Commission submitting minutes
..r."'~
-.~_'''''''''''''''~~ .~,,-....~.,",-'v;
275
1978
1978
Members
Regular Session, June 5, 1978
Counci
Approved
Adopted
ATTEST:
City Clerk
Member King.
Proof of Publication. certified to by
the Publisher, advising public of Council
intent to file a request for release of
funds for purchase of cleared land in the
Downtown Urban Renewal Project, pre-
sented and read. Council Member
Wertzberger moved that the proof of
publication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully. Council Mem-
bers Brady. Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Proof of Publication, certified to by
the Publisher, of Notice of filing of Third
Year Community Development Block
Grant Program and advising of accep-
tance by the Federal Government, pre-
sented and read. Council Member
Wertzberger moved that the proof of
publication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully. Council Mem-
bers Brady. Farrell, Wertzberger.
Nays-None.
Absent - Counci
There being no further'business,
Council Member Wertzberger moved to
adjourn. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counci
Petition of David Rezazadeh re-
questing a refund of $50. on unused pOl'.
tion of Cigarette License No. 1354, pre-
sented and read. Council Member
Wertzberger moved that the refund be
granted and City Auditor directed to
issue proper warrant. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
Petition of John Mihalakis requesting
a refund of $422.50 on unexpired portion
of Beer-Liquor License No. C.5644-77
discontinued business on March 22.
1978, presented and read. Council
Member Wertzberger moved that the
refund be granted and City Auditor
directed to issue proper warrant. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. W ertzberger.
Nays-None.
Absent-Counci
Member King.
Member King.
Leo F. Frommelt
City Clerk
Regular Session, June 5, 1978
Member King.
Communication of City Manager sub-
mitting report of City Treasurer, Fi-
nance Director, Water Superintendent,
Health Department, as well as a list of
claims paid, for the month of April, 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, Wertzberger.
Nays~None.
Absent-Council Member King.
Proof of Publication, certified to by
the Publisher, of List of Claims, Receipts
and Disbursements for April, 1978, pre-
sented and read. Council Member
Wertzberger moved that the proof of
publication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays~None.
Absent~Council Member King.
Communication of Robert J. Schultz
requesting permission to excavate at
321 Booth and W. 32nd 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, Wertzberger.
Nays-None.
Absent-Council Member King.
Petition of Peoples Natural Gas re-
questing permission to excavate in Cen-
tral Ave., presented and read. Council
Member Wertzberger moved that the
petition be received and filed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent - Counci
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Ahsent~Council Member King.
Communication of City Manager re-
commending denial of petition of Ber-
trand Thibadeau of 821 Cleveland re-
questing division of a lot which would
lessen the square foot area required in
the R-3 Zoning District, presented and
read. Council Member Wertzberger
moved that the recommendation of de-
nial be approved. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-
bel'S Brad
Nays-
Absent
\Ilayor Tully, Council Mem-
y, Farrell, Wertzberger.
None.
- Co unci
King.
Member
Member King.
Notice of Claim of Cyril P. Hillard of
1760 Custer St., in the amount of $3263.,
for rebuilding a stone wall, abutting the
rear of his property, 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, Wertzberger.
Nays-None.
Absent-Council Member King.
Notice of Claim of Charles Nauman. in
the approx. amount of $520., for damage
incurred as the result of a backed-up
sewer at 1915 Grant St. on May 13.1978,
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, Wertzberger.
Nays-None.
Absent~Counci
Member King.
Communication of City Manager
recommending installation of two 175
watt mercury vapor lights in Arbor
Oaks, as the result of petition of Iowa
Northwest Development Corp., presen-
ted and read. Council Member Wertz-
bergeI' moved that the recommendation
be approved. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Member King.
Notice of Claim of Mrs. Michae,l Mur-
phy, in the amount of $157.58, for
damage incurred as the result of a
backed-up sewer at 111 N. Booth Street
on May 13, 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, Wertzberger.
Nays-None.
Absent -Council
274
Notice of Claim of Michael C. Runde,
in the amount of $280., for property
damage incurred as a result of a backed-
up sewer at 2150 Celia on May 12, 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, Wertzberger.
Nays-None.
Absent-Counci
277
Special Session, June 6,1978
Approved .......... 1978
Adopted. ........ 1978
- ---~
-.
Council Members
ATTEST,
City Clerk
Special Session, June 6, 1978
to go into Executive Session with Coun-
cil.
Clifford Less of Dubuque Packing Co.,
stated this is a Neutral problem; What-
ever is done very accurate data and
measurements he used; State source of
testing seemed to be more reliable than
local; Necessary to be careful - City and
Company not to furnish misstatements
to the State; Maybe State and Federal
are coming down hard on the City.
Dick Bond of Dubuque Packing Co.
spoke to Council saying Problem is de-
signed; During May By-product system
is working perfectly; Treatment system
is O.K.; Data should be from State
Hygenic Laboratory; Contract is a six
day average; No six day average is avail-
able; This is the first week to really test
this; 4 people here from Denmark to
help; Not putting 40 G.P.M. stream into
Treatment Plant.
At 4:15 p.m. Council Member Wertz-
berger moved to go into Executive Ses-
sion to consult with the City Attorney on
legal matters in conjunction with the
D.E.Q. Order of the Executive Director
and referral to the Iowa Attorney Gen-
eral in relation to operation of the City
Wastewater Treatment Facility. Se-
conded by Council Member Brady. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counci
King.
Council reconvened in Regular Ses-
sion at 4:45 P.M.
Council Member Farrell moved that
the City Solicitor be directed to examine
possible legal avenues to enforce com-
pliance by the Dubuque Packing Co. and
to take whatever action is necessary in
his judgment to effect compliance. Se-
conded by Council Member Brady. Car-
ried by the following vote:
Yeas~Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent - Counci
King.
There being no further business,
Council Member Farrell moved to ad-
journ. Seconded by Council Member
Brady. Carried by the following vote:
Yeas - Mayor Tully, Councll Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Counei'
King.
Leo F. Frommelt
City Clerk
Member
Member
Member
"""
CITY
OFFICIAL
Special Session, June 6, 1978.
Council met at 3:00 P.M. (C.D.T.
Present: Mayor Tully, Council Me-
bers Brady, Farrell, Wertzberger. City
Manager Gilbert D. Chavenelle.
Absent: Council Member King.
Mayor Tully read the call and stated
that service thereof had been duly made
and this Meeting is called for the pur-
pose of hearing a Staff Report on the
Operation of the Waste Water Treat-
ment Facility and acting upon such other
business as may properly come before a
Regular Meeting of the Council.
The following exhibits were prese-
ted to the Council for review and con-
sideration all relative to the operation of
the Waste Water Treatment Facility of
the City: Exhibit #1 Iowa Department of
Environmental Order of the Executive
Director; Exhibit #2 Communication ad-
dressed to City Manager Gilbert D.
Chavenelle, dated May 16, 1978, from
United States Environmental Quality;
Exhibit #3 Communication addressed to
Leo F. Frommelt, City Clerk - Atten-
tion Honorable Mayor and Council -
dated May 30, 1978, from Iowa D.E.Q.;
Exhibit #4 Dubuque Packing Company
Waste Loading Report. May 1978; Ex-
hibit #5 Communication addressed to
Charles E. Stoltz, President of the Dubu-
que Packing Co. dated May 19,1978 from
City Manager Gilbert D. Chavenelle. Ci-
ty Manager Chavenelle spoke to the
Council stating City is in position to
start process to serve notice of the Dubu-
que Packing Co. according to terms of
contract; Recommend enforce stipul-
tions of contract; Write the Dubuque
Packing Co. on a weeks' notice according
to terms of contract.
Council Member Brady moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, Wertzberger.
Nays-None.
Absent-Council Member King.
John Walker, Engineering represen-
tative from H. D. & R. stated they were
retained basically to get plant con-
structed; Averages does not mean much.
Public Works Director Murray advised
Oxygen Plant is working perfectly since
a year ago March.
City Attorney Russo recommended to
try to get Pack to comply; Essentially Ci-
ty must comply too; Get release of Fed-
eral Funds; Forestall Levy; Requested
',.....,..0;
COUNCIL
276
--."";,.;
~"""'"'9~"~ "
.~-""'."""'.;;""'''~/,,,~.'''''''''i
279
Special Session, June 12, 1978
Wertz-
1978
1978
Mem-
Wertzber-
ger.
There being no further business,
Council Member Brady moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays-None.
Absent - Counci
berger.
Application for Transfer of Beer Per-
mit by Dubuque Jaycees to Hawthorne
Street and Volunteer Drive on June 17
and 18, 1978, presented and read. Coun-
cil Member Farrell moved that the
transfer be approved. Seconded by
Council Member King. Carried by the
following vote:
Yeas ~ Mayor Tully, Counci
bers Brady, Farrell, King.
Nays-None.
Absent-Council Member
Members
Leo F. Frommelt
City Clerk
Member
Counci
Adopted
ATTEST:
City Clerk
Approved
A Resolution Approving the plat of
Lots 1-30 Block 1, Lots 1-26 incl. Block 2,
Lots 1-10 inc!. Block 3, Lots 1-13 incl.
Block 4, Lots 1-3 inc!. Block 5 in Sunset
Park Sub. No.4. presented and read.
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. VOTE ON THE
MOTION WAS AS FOLLOWS:
Yeas-Council Members Farrell.
King.
Nays-Mayor Tully, Council Member
Brady.
Absent-Council Member Wertz-
berger.
MOTION FOR ADOPTION FAILED.
Mayor Tully instructed the City Clerk
to prese.nt the plats for Byrne's Sub. and
Sunset Park No.4 again at the next
meeting scheduled for June 19, 1978
when the full Council is present.
RESOLUTION NO. 204.78
Resolution Authorizing the Submls.
sion of a Statement of Concerns to the
League of Iowa Municipalities
WHEREAS, the League of Iowa Mu-
nicipalities represents the interests of
Iowa communitiies before the Iowa
General Assembly; and
WHEREAS, the League of Iowa Mu-
nicipalities has requested Iowa cities to
submit Statements of Concern for con-
sideration and inclusion into a State-
ment of Policies for adoption at the
League's annual convention in
September;
NOW THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE,IOW A:
Section 1. That the Statements of
Concern for the City of Dubuque as set
forth in Exhibit "A" attached hereto and
made a part hereof is approved.
Section 2. That the City clerk of the
City of Dubuque is hereby authorized
and directed to send a copy of this resolu-
tion, together with Exhibit "A" to the
League of Iowa Municipalities.
Passed, adopted, and approved this
12th day of June, 1978.
Thomas A. Tully Jr.
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Mem-
Wertz-
Special Session, June 12, 1978
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Counci
bers Brady, Farrell, King.
Nays-None.
Absent - Counci
berger.
Member
ger.
MOTION FAILED.
A Resolution Approving the plat of
the Subdivision of Lot 1 of 2 and Lot 3 in
Byrne's Sub. in the City of Dubuque,
presented and read. Council Member
Farrell moved adoption of the Resolu-
tion. Seconded by Council Member King.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas - Council Members Farrell,
King.
Nays - Mayor Tully, Council Member
Brady.
Absent-Council Member Wertzber-
ger.
MOTION FOR ADOPTION FAILED.
Wertzber-
Mem-
Wertzber-
ger.
Attorney Leo McCarthy addressed
the Council requesting plat be approved
as a workable plan; Donovan Drive is an
arterial street; Cost factor in changes is
considerable; Additional cost of $72,000.
- HUD 100% behind project.
Subdividers Richard and Vern Schiltz
requested approval of 81 lots.
Council Member Farrell moved that
the communication of Planning & Zoning
be received and filed. Seconded by Coun-
cil Member King. Vote on the motion
was as follows:
Yeas-Council Members Farrell,
King.
Nays - Mayor Tully, Council Member
Brady.
Absent - Counci'
OFFICIAL
Special Session, June 12, 1978.
Council met at 4:30 P.M. (C.D.T.)
Present: Mayor Tully, Council Mem-
bers Brady, Farrell, King. City Manager
Gilbert D. Chavenelle. Absent: Council
Member Wertzberger.
Mayor Tully read the call and stated
that service thereof had been duly made
and this Meeting is called to consider ap-
proval of lots in Byrnes Sub., also var"
ious lots in Sunset Park Sub. No.4 and
acting- upon such business as may pro-
perly come before a Regular Meeting of
the Council.
Communication of Planning & Zoning
recommending approval of the final plat
of property in Byrne's Sub. and Sunset
Park Sub. No.4, presented and read.
Council Member King moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
CITY COUNCIL
278
Yeas - Mayor Tully, Counci
bers Brady, Farrell, King.
Nays-None.
Absent-Counc:
Member
Member
'.
Special Session, June 19,1978
--.......,',..._.,~,4..~~'":.-.K
281
Section 1. That the dedication of Don-
ovan Drive, Alicia Street, Jennifer
Street, Marjorie Circle, Amy Court and
Carrie Drive, and all easements south of
the centerline of Pennsylvania A venue a
distance of 38 feet, also together with
the easements for public utilities all as
the same appears upon said plat; be and
the same are hereby accepted and that
said streets be and are hereby estab-
lished as public streets in the City of
Dubuque.
Section 2. That the plat of Lot 2 of Lot
1 of Lot 2 and Lot 2 of Lot 3 in "Byrne's
Subdivision, Dubuque County, Iowa" in
the City of Dubuque, Iowa, and which
will hereafter be known as Lots 1.30 in-
clusive Block 1; Lots 1-26 inclusive Block
2; Lots 1-10 inclusive Block 3; Lots 1-13
inclusive Block 4; Lots 1-3 inclusive
Block 5; all in Sunset Park Subdivision
No.4 in the City of Dubuque, Iowa, is
hereby approved and the Mayor and Ci-
ty Clerk are hereby authorized and di-
rected to endorse the approval of the Ci-
ty of Dubuque upon said plat providing
Schiltz Development Corporation, as
owner-developer of said property,
hereinbefore named, executes written
acceptance hereto attached agreeing:
a. To reduce Donovan Drive, Alicia
Street, Jennifer Street, Marjorie Cir-
cle, Amy Court, and Carrie Drive to
grade as shown by the profiles sub-
mitted with the plat.
b. To surface Donovan Drive a width
of 36 feet and surface Alicia Street,
Jennifer Street, Marjorie Circle,
Amy Court and Carrie Drive a width
of 30 feet with asphaltic concrete
pavement 8" stone base with integral
curb and gutter. All of the foregoing
shall be constructed according to the
latest City of Dubuque specifications.
c. To install sidewalks on both sides of
all streets in accordance with the City
of Dubuque Standard Specifications
for Permanent Sidewalks.
d. To install water mains in accor-
dance with plans submitted with this
plat.
e. To install sanitary sewers in accor-
dance with plans submitted with this
plat.
t To install storm sewers in accor-
dance with plans submitted with this
plat.
g. To install the sanitary sewer and
water house laterals for each lot to be-
hind the property line.
h. To construct the foregoing im-
provements in accordance with plans
and specifications approved by the Ci-
ty Manager and under the inspection
of the City Engineer.
i. To install all street improvements
and sewer and water mains for a
Special Session, June 19, 1978
City of Dubuque, Iowa, be and the same
is hereby approved and the Mayor and
City Cerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said plat.
PASSED, ADOPTED AND Ap.
PROVED by unanimous roll call this
19th day of June, 1978.
Richard Wertzberger
D. Michael King
Carolyn Farrell
ATTEST: Council Members
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, W ertzberger.
Nays - Mayor Tully, Council Member
Brady.
RESOLUTION NO. 207.78
Resolution Approving the Plat of Lots
1.30 Inclusive, Block 1; Lots 1.26 In.
elusive, Block 2; Lots 1.10 Inclusive,
Block 3; Lots 1.13 Inclusive, Block 4;
Lots 1.3 Inclusive, Block 5; All in
Sunset Park Subdivision No.4, in the
City of Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat in which:
Lot 2 of Lot 1 of Lot 2 and Lot 2 of Lot
3, in "Byrne's Subdivision, Dubuque
County, Iowa" in the city of Dubuque,
Iowa,
is platted as
Lots 1-30 inclusive, Block 1. Lots 1-26
inclusive, Block 2; Lots 1-10inclusive,
Block 3; Lots 1"13 inclusive, Block 4;
Lots 1-3 inclusive, Block 5; all in Sun-
set Park Subdivision No.4 in the City
of Dubuque, Iowa,
by Sisters of the Presentation, as Con-
tract Seller, and Schiltz Development
Corporation, as Contract Purchaser, and
owner-developer thereof; and
WHEREAS, said plat has been exam-
ined by the City Planning and Zoning
Commission and approved by said body;
and
WHEREAS, upon said plat appears
streets to be known as Donovan Drive,
Alicia Street, Jennifer Street, Marjorie
Circle, Amy Court, and Carrie Drive,
and also easements for public utilities
which the owners upon said plat have
dedicated to the public forever; and
WHEREAS, said plat has been found
by the City Council to conform to the
Statutes and Ordinances relating
thereto except that the streets have not
been reduced to grade or paving, sewer,
water, or sidewalks installed therein;
NOW THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE:
The City of Dubuque Planning and
Zoning Commission has reviewed two fi-
nal plats of property in "Byrne's Sub,
division" and "Sunset Park Subdivision
No.4", The property is located on the
south side of Pennsylvania A venue west
of the Hamilton Glen Apartments in the
City of Dubuque, Iowa, and the develop-
ment scheme is depicted on the attached
maps. The plats are described as follows:
l)a subdivision of Lot 1 ofLot2and Lot 3
in "Byrne's Subdivision" into Lot 1 and
Lot 2 of Lot 1 of Lot 20f"Byrne Subdivi-
sion" and Lot 1 and Lot 2 of Lot 3 of
"Byrne Subdivision"; and 2) subdivides
portions of the first plat into Blocks 1, 2,
3, 4 and 5 of "Sunset Park Subdivision
No.4".
In their review the City Planning and
Zoning Commission has found that the fi-
nal plats are in conformance with the ap"
proved preliminary plat of the area and
are in compliance with the Subdivision
Regulations of the City of Dubuque,
Iowa.
The City Planning and Zoning Com-
mission has voted to approve the final
plats herein described and recommends
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 Far-
rell. Carried by the following vote:
Yeas-Council Members Farrell,
King, Wertzberger,
Nays -Mayor Tully, Council Member
Brady.
RESOLUTION NO. 206.78
Resolution Approving the Plat of the
Subdivision of Lot 1 of 2 and Lot 3 in
Byrne's Subdivision in the City of Du-
buque, Iowa
WHEREAS. there has been filed with
the City Clerk a plat of Lot 1 of 2 and Lot
3 in Byrne's Subdivision in the City of
Dubuque, Iowa by owners Sisters of the
Presentation, as Contract Seller and
Schiltz Development Corporation, as
Contract Purchaser; and
WHEREAS, said plat has been exam,
ined by the City Planning and Zoning
Commission and has its approval en-
dorsed thereon; and
WHEREAS, said plat has been exam-
ined by the city Council and they find
that the same conforms to statutes and
ordinances relating thereto;
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the plat of Lot 1 of 2
and Lot 3 in Byrne's Subdivision in the
280
COU
OFFICIAL
Special Session, June 19, 1978.
Council met at 7:30 P.M. (C.D,T.)
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 considering,approval of plats of
Byrne's Sub. and Sunset Park No.4, and
acting upon such other business as may
properly come before a Regular Meeting
of the Council.
Invocation was given by Rev. Karl
Glovik of St. Mary's Church.
RESOLUTION NO. 205.78
Proclaiming Jaycee International BB
Gun Week.
WHEREAS the City of Dubuque is in-
terested in young people and promotion
of firearm safety
WHEREAS the City of Dubuque is in"
terested in the promotion of interna-
tional goodwill and cooperation and
WHEREAS the Dubuque Jaycees are
hosting the 1978 International BB Gun
Tournament culminating a year long
program of firearm safety education and
WHEREAS the Dubuque Iowa team
will be representing the City of Dubuque
and the State ofIowa in said tournament
BE IT RESOLVED by the City Coun.
cil of the City of Dubuque, that the
mayor proclaim the week of June 26th
thru July 2nd as Jaycee International
BBGun Week and that the City ofDubu-
que pledge its cooperation and hospitali-
ty to the competitors.
Passed, adopted, and approved this
19th day,of June,1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzherger
James E. Brady
Carolyn Farrell
D, Michael King
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. ~econded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Trophy A wards for the Canoe Trip
were presented to Mayor Tully and
Council Member Farrell.
May 23, 1978
Honorable Mayor and Council Members
FINAL PLATS, "BYRNE'S SUBDIVI.
SION" AND "SUNSET PARK NO.4"
NCIL
CITY
283
sideration made a determination that
the projects are not major Federal ac-
tions significantly affecting the quality
of the human environment; now there-
fore
BE rr RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the City Clerk be and
he is hereby authorized and directed to
publish a Notice of Finding of No Signifi-
cant Effect on the Environment for the
following identified projects, and to
make the Environmental Review Re-
cord for said projects available for public
inspection. Such notice shall be in the
form of Exhibit "An attached hereto and
made a part hereof.
Construction of 32nd Street Fire Sta-
tion
Code Enforcement
Section 2. That the City of Dubuque
hereby declares its intent to adopt a re-
solution at its meeting of July 17, 1978,
authorizing the submission of a request
to the U.S. Department of Housing and
Community Development to undertake
the projects. ,
Passed, adopted, and approved this
19th day of June. 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the environmental pro-
cedures for the Community Develop-
ment Block Grant Program. the City of
Dubuque has prepared a Notice of Fin-
ding of No Significant Effect on the En-
vironment for the Projects identified as
follows to be undertaken under Title I of
the Housing and Community Develop-
ment Act of 1974.
Construction of 32nd Street Fire Sta-
tion
Code Enforcement
The City of Dubuque has found that
these Projects have no significant effect
on the environment based on the follow-
ingfacts and reasons.
1. Assessment of the nature. mag-
nitude, and duration of any adverse
~pd positive impacts.
2. Consideration of alternatives to
the Projects, commitment of re-
sources, known views of local groups,
measures which can be instituted to
lessen potential. adverse impacts and
to enhance the environment.
3. No loss of unique environmental
resources.
Special Session, June 19, 1978
Lot 6 in Block 1 in "River Front Sub-
division No.5," in the City of Dubu-
que, Iowa;
and
WHEREAS, the terms of said Option
Agreement have been agreed upon and
have been reduced to writing; and
WHEREAS, said Option Agreement
should be'approved;
NOW THEREFORE BE IT RE-
SOI,VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Option Agree-
ment by and between the Klauer Manu-
facturing Company and the City of
Dubuque, Iowa, dated June 2, 1978
covering the real estate hereinabove
described be and the same is hereby ap-
proved.
Section 2. That the City Clerk is
hereby authorized and directed to cause
notice of intent to dispose of interest in
real estate to be published as is by law
required.
Approved, adopted and passed this
19th day of June, 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 conti gent
upon receiving conveyance back of a
small parcel of real estate. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 210.78
Authorizing Publication of Notice of
Environmental Review Findings for
Certain Community Development
Block Grant Projects
WHEREAS, the City of Dubuque will
be entering into Grant Agreement
B-78-MC-19-0004 with the U.S. Depart-
ment of Housing and Urban Develop-
ment, providing for financial assistance
to the City under Title I of the Housing
and Community Development Act of
1974: and
WHEREAS, pursuant to__the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Development, environmental reviews
have been processed for the projects
hereinafter to be described to be fi-
nanced. with Community Development
Block Grant Funds; and
WHEREAS, an ad hoc Environmental
Review Committee has after due con-
-~--,""............~ _.."-~~"''''--Y=.>'' ~,,"",,'.'. ..~,./
282
Special Session,June 19, 1978
proving the lease with Loras College for
the San Jose Center, presented and
read. Recreation Director Trueblood
spoke to the resolution.
Council 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, Wertzberger.
Nays-None.
RESOLUTION NO. 208.78
WHEREAS, there has been submit-
ted to the City Council of the City of
Dubuque, Iowa a proposed Lease Agree-
ment by and between the City of Dubu-
que, Iowa and Loras College for the use
of San Jose Pool by the City of Dubuque,
a copy of which Lease Agreement is
hereto attached and by reference made a
part hereof; and
WHEREAS, the Dubuque Recreation
Commission has approved said Lease
Agreement; and
WHEREAS, the City Council of the
City of Dubuque, Iowa finds that said
lease agreement should be approved,
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Lease Agreement
by and between the City of Dubuque,
Iowa and Loras College for the use of
San Jose Pool for a period commencing
June 1, 1978 and ending May 31, 1980 be
and the same is hereby approved.
Section 2. That the Mayor and the Ci.
ty Clerk be and they are hereby author-
ized to execute said Lease Agreement
for and on behalf of the City of Dubuque,
Iowa.
Passed, adopted, and approved this
19th day of June, 1978.
Thomas A. Tully Jr.
Mayor
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 King. Carried by the
following vote:
Yeas--Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-Council Member Brady.
RESOLUTION NO. 209.78
WHEREAS, the City of Dubuque.
Iowa has been negotiating with Klauer
Manufacturing Company in connection
with an Option Agreement for the sale
by the City of Dubuque, Iowa and the
purchase by the Company of
period of four (4) years from the date
of its acceptance.
j. To construct said improvements
prior to November 30, 1979.
k. To provide the foregoing construc-
tion and maintenance at the expense
of the owner-developer.
and further provided that the Schiltz
Development Corporation as owner-de-
veloper of said Subdivision secure the
performance of the foregoing conditions
by providing security in such sums and
with such sureties as may be acceptable
to the City Manager.
Section 3. That in the event Schiltz
Development Corporation shall fail to
execute the acceptance and furnish se-
curity provided for in Section 2 hereof
within forty-five (45) days from the date
of this Resolution the provisions hereof
shall be null and void and the acceptance
of the dedication and approval of the plat
shall not be effective.
Passed, adopted, and approved this
19th day of June, 1978.
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
To:
Leo F. Frommelt
City Clerk
This is to certify that the security re-
quired for the foregoing Resolution No.
207-78 has been provided by the owner-
developer.
Dubuque, Iowa June 19, 1978
Gilbert D. Chavenelle
City Manager
ACCEPTANCE OF
RESOLUTION NO. 207.78
Schiltz Development corporation,
having read the terms and conditions of
the foregoing Resolution No. 207"78 and
being familiar with the contents thereof,
hereby accepts the same and agrees to
perform the conditions therein required.
SCHILTZ DEVELOPMENT
CORPORATION
By: L. J. Schiltz
President
and Kathryn Anne Schiltz
Secretary
Dated June 27. 1978
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 - Mayor Tully, Council Member
Brady.
Communication of Recreation Com-
mission submitting their resolution ap-
- --_....~~~_"",.~'"'_~~.;:....~.c_-'" ~..~'"
284 Special Session, June 19, 1978
285
To the Honorable Mayor
and City Council
The enclosed agreements provide the
City of Dubuque the right to construct
the RET sanitary sewer upon property
owned by the Illinois Central Gulf
Railroad Company.
The attached resolutions authorize
the Mayor to execute the agreements on
behalf of the City Council, and directs
the City Clerk to file the document with
the respective company.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the com'munication 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. 213.78
WHEREAS, the City of Dubuque,
Iowa. shall be constructing the R.E.T.
Sanitary Sewer to the Hamilton Glen
Apartments, and
WHEREAS. portions of the project
are located on property owned by the Il-
linois Central Gulf Railroad, and
WHEREAS, it is necessary to obtain
the permission of the Illinois Central
Gulf Railroad for said installation on
their properties.
NOW, THEREFORE, be it resolved
by the City Council of the City of Dubu-
que, Iowa, that the Mayor be and he is
hereby authorized and directed to ex-
ecute the attached agreement dated Oc-
tober 11, 1977 relative to the construc-
tion and maintenance ofthe R.E.T. San-
itary Sewer, and that the City Clerk be
and he is hereby directed to file the docu-
ment with the Illinois Central Gulf
Railroad.
PASSED, APPROVED, AND
ADOPTED THIS 19th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
City Clerk
request your authorization to execute
the agreement as proposed.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the request and the agreement be
approved. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
June 13, 1978
ATTEST:
Leo F. Frommelt
Special Session, June 19, 1978
Council Member Brady moved adop~
tion of the Resolution. Seconded by
Mayor Pro-Tern Wertzberger. Carried
by the following vote:
Yeas - Mayor Pro-Tem Wertz berger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain - Mayor Tully.
Council Member Wertzberger moved
to suspend the rules to let anyone pre-
sent address the Council if they so de~
sire. Seconded by Council Member Bra-
dy. Carried by the following vote:
Yeas - Mayor 'fully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
John White of Shive Hattery Asso-
ciates stated they could meet Sep-
tember time line. Council Member
Brady moved to amend Section 6, Sub-
section 2 of the contract and authorize
Area 1 & 2. Seconded by Council Mem-
ber King. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, King.
Nays-Council Member Wertz-
berger.
Council Member Farrell moved that
the communication be received and filed
and Mayor authorized to execute con-
tract. subject to further instructions
from the City Solicitor. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council. Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
June 14, 1978
Honorable Mayor and City Council
Dubuque, Iowa
Dear Council Members:
Enclosed is a proposed contract with
Shive-Hattery and Associates for the de-
velopment of the Western Industrial
Park.
I would ask that you grant authoriza-
tion to the Mayor and City Clerk to sign
this contract.
Respectfully,
Gilbert D. Chavenelle
City Manager
June 14, 1978
Honorable Mayor and City Council
Enclosed is an agreement for the con-
struction of the RE.T. Sanitary Sewer
setting forth the terms and conditions of
payment for the construction thereof.
The costs are to be shared as follows:
City of Dubuque $25,000.00
Archdiocese of Dubuque 2,500.00
Schultz Development Corp. 6,168.16
R.E.T. Corporation 32,342.33
Fondell and Sons, Inc. 12,514.81
Total $78,615.30
The city's $25,000 share will be paid
for under Public Works funding. I would
been completed and the City Engineer
has submitted his final estimate showing
the cost thereof including the cost of
estimates, notices, inspection, and pre-
paring the assessment and plat, now
therefore,
BE IT RESOLVED. by the City COllU-
cil of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $52,372.00
That none of the cost thereof shall be
assessable upon private property and all
shall be paid from the EDA Local Public
Works Projects Fund of the City of Du-
buque.
Passed, adopted, and approved this
19th day of June, 1978.
Richard Wertzberger
Mayor Pro-Tern
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 Pro-Tern W ertzberger. Carried
by the following vote:
Yeas - Mayor Pro-Tern W ertzberger.
Council Members Brady, Farrell, King.
Nays-None.
Abstain - Mayor Tully.
(A Resolution Accepting Improvement)
RESOLUTION NO. 212.78
WHEREAS, the contract for the Re-
placement of City Hall windows has
been completed and the City Manager
has examined the work and filed his cer-
tificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance. now there-
fore,
BE IT RESOLVED, by the City Coun-
cil of the City of Dubuque, that the
recommendation of the City Manager be
approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the EDA Local Public Works Projects
Fund in amount equal to the amount of
his contract, less any retained percen-
tage provided for therein.
Passed, adopted, and approved this
19th day of Jnne,1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
4. No irreversible development
trends.
5. A minimum occurrence of adverse
effects that cannot be avoided; and
6. No impacts on properties posses-
sing historical, archaeological, archi-
tectural or cultural significance.
The City of Dubuque has made an En-
vironmental Review Record for these
Projects, and has placed this record on
file in the office of the City Clerk in City
Hall, 13th and Central Streets, Dubu-
que, Iowa. This environmental record is
available for examination and may be
copied between 8:00 A.M. and 5:00 P.M.
daily except Saturdays, Sundays and
holidays.
No further environmental review of
the Projects is proposed to be con-
ducted, and the City of Dubuque intends
to request the U.S. Department of Hous-
ing and Urban Development to release
funds authorized by the Housing and
Community Development Act of 1974
for the Projects.
Comments may be submitted to the
City of Dubuque until 12:00 Noon, Fri-
day, July 7, 1978, addressed to Thomas
A. Tully, Jr., Mayor of the City of Dubu-
que, City Hall, 13th and Central Streets,
Dubuque. Iowa 52001.
Dated and published June 20, 1978.
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 Pro-Tern W ertzberger,
Council Members Farrell, King, Wertz-
berger.
Nays-Council Member Brady.
Abstain-Mayor Tully.
June 12,1978
To the Honorable Mayor
and City Council
This is to advise you that the City of
Dubuque Replacement of City Hall Win-
dows Project has been substantially
completed in accordance with the City of
Dubuque plans and specifications.
I therefore recommend the accep-
tance of the above named project.
Gilbert D. Chavenelle
City Manager
Council Member Brady moved that
the communication be received and filed.
Seconded by Council Member Wertzber-
ger. Carried by the following vote:
Yeas - Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain-Council Member Tully.
FINAL ESTIMATE
RESOLUTION NO. 211.78
WHEREAS, the contract for the
Replacement of City Hall windows has
287
Council Member Farrer
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 218.78
Approval of Preliminary Plans.
Specs.. Plat, and all other documents for
construction of City of Dubuque 1978As-
phalt Paving Project No.1: Bies Drive
from the S.P.L. of Pennsylvania A venue
to the S.P.L. of Daniels Street; Bruns-
wick Street from the N.P.L. of O'Neill
Street to the S.P .L. of Davis A venue;
Carter Road from Asbury Road to Kauf-
mann A venue-patching; Century Drive
from U .8. Highway #20 to Hies Drive-
patching; Daniels Street from the E.P.L.
afBies Drive to the W.P.L. of West Side
Manor Subdivision; Davis A venue from
the W .P.L. oiLat 1-1-2 of Richeson Davis
Avenue Place to the W.P.L. of Lot 2-3,
Balance 3 of St. Francis Subdivision;
Eagle Point Park-parking lots at "River-
front Pavilion" and "Shiras Memorial":
E. 19th Street from the E.P.L. of Jack-
son Street to the E.P.L. of Lot 13 of East
Dubuque Addition (Railroad Tracks); E.
21st Street from the W.P.L. of White
Street to the E.P.L. of Central Avenue;
Fairway Drive from the E.P .L. of
Bunker Hill Road to the W.P.L. -of St.
Ambrose Street; Foye Street from the
N.P.L. of Lowell Street to the S.P.L. of
Napier Street; Hill Street from the
N.P.L. of Dodge Street to the N.P.L. of
Wooten Street; Iowa Street from the
S.P.L. of Tenth Street to the S.P.L. of
Fourteenth Street; Julien Dubuque
Drive from the City Limits to a point
565' northerly therefrom; Race Street
from the S.P .L. of Rose Street to the
N.P.L. of W. Eleventh Street; Ogle
Street from the S.P.L. of Sunset Park
Circle to the S.P.L. of Lot 3 of Block 8 of
Sunset Park Subdivision; Owen Court
from the S.P.L. of Sunset Park Circle to
the south end of the street; Wartburg
Place from the N.P .L. of Lot 2-1 Mineral
Lot 132 to the N.P .L. of Lot 2-1 Mineral
Lot 133. in the estimated amount of
$360,040.49, presented and read. Council
Member Wertzberger moved adoption
of the Resolution. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
(Necessity for Improvement:
RESOLUTION NO. 219.78
WHEREAS. proposed plans, specifi-
cations, form of contract, plat and
schedule have been duly prepared and
approved by the City Council of the City
of Dubuque and are now on file in the of-
Carried by the
Special Session, June 19, 1978
'~""""'~_.......c...""""",;"",; -.""".",-.",......"...i...c._.'~,,...,,'
286 Special Session, June 19, 1978
this
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Pro-Tern Wertzberger, Carried
by the following vote:
Yeas~Mayor Pro-Tern Wertzberger,
Council Members Brady, Farrell, King.
Nays-None,
Abstain-Mayor Tully.
Communication of City Manager and
City Engineer submitting preliminary
plans, specs., etc., for City of Dubuque
1978 Asphalt Paving Project No, 1, pre-
sented and read. Council Member
Wertzberger moved that the commu-
nication 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 Engineer sub-
mitting Schedule of Assessments for Ci-
ty of Dubuque Asphalt Paving Project
No, 1, presented and read. Council Mem-
ber Wertzberger moved that the com-
munication 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.
RESOLUTION NO. 217.78
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE, lOW A
Section 1. That the attached sheets
No.1 to 13, inclusive, are hereby deter-
mined to be the schedule of proposed as-
sessments for the City of Dubuque 1978
ASPHALT PAVING PROJECT NO. I,
and the valuations set out therein, are
hereby approved.
Adopted this 19th day of June, 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
tions to the amount of the cost of the im-
provement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be construc-
ted 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 im-
provement will be paid out of the Local
Public Works Fund, Sewage Rental
Fund and private contributions.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 19th day of June.
1978.
Approved and placed on file for final
action.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved ap
proval of the Resolution. Seconded by
Mayor Pro-Tern Wertzberger. Carried
by the following vote:
Yeas - Mayor Pro-Tern W ertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain - Mayor Tully.
(FIXING DATE OF HEARING)
RESOLUTION NO. 216-78
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 with the of-
fice of the City Clerk for public inspec-
tion for the construction of the Hamilton
Glen (BET, Inc,) Sanitary Sewer.
BE IT THEREFORE RESOLVED
that on the 3rd day of July, 1978, a public
hearing will be at 7:30p.m. in the Council
Chamber of the City of Dubuque at
which time the objectors for the pro-
posed improvement may appear and
make objection to the proposed plans
and specifications. form of contract and
cost of said 'improvement. and the City
Clerk be and he is hereby directed to
cause a notice of time and place of such
hearing to be published in some news-
paper published in the City of Dubuque,
Iowa which shall be not less than four
days nor more than twenty days prior to
the day fixed for its consideration, and
the City Clerk be and he is hereby
directed to have published the notice of
pendency for said improvement. and the
City Clerk is hereby directed to adver-
tise for proposals to the contractors for
the construction of the above mentioned
improvement.
Passed, adopted and approved
19th day of June, 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
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.
June 13, 1978
To the Honorable Mayor and
City Council
Enclosed are the preliminary plans,
specifications and estimate for the con-
struction of the Hamilton Glen (RET,
Inc.) Sanitary Sewer.
The sewer is to serve future subdivi-
sions on the westerly limits of the City
and also Hamilton Glen Apartments.
The project will be financed through
Local Public Works Funds, Sewage Ren-
tal Funds and by private contributions
from benefited subdividers.
Gilbert D. Chavenelle
City Manager
Council Member Farrell moved that
the communication be received and filed.
Seconded by Council Member Wertzber-
ger. Carried by the following vote:
Yeas-Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
RESOLUTION NO_ 214.78
Preliminary approval of proposed
plans, specs., etc.. for construction of the
Hamilton Glen (RET, Inc.)Sanitary Sew-
er, in estimated amount of $78,615.30,
presented and read. Council Member
Farrell moved adoption of the Re-
solution. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas-Council Members Brady, Far-
rell. King, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
(Necessity for Improvement)
RESOLUTION NO. 215.78
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 Ci-
ty 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 construction of the Hamilton
Glen (BET. Inc.) Sanitary Sewer.
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 men-
tioned improvement, and unless proper-
ty owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk, objec-
289
Petition of Charlotte Kelly requesting
to be heard on National Guard Armory
was presented.
Charlotte Kelly introduced Colonel
Paul C. Woods. Chief of Staff, Colonel
Wayne Daffron, Facilities Officer and
General Francis Kelly.
Colonel Woods spoke to Council stat-
ing the National Guard is ready to build
an Armory; Would not build in an area of
opposition.
Colonel Daffron advised they are
under a commitment and answer should
be by June 30th; Money better used in
modern facility rather than build on at
Airport.
General Kelly spoke to the Council
saying the City Manager would like to
have National Guard at 32nd Street
Far-
King,
Council Member Wertzberger moved
that the .communication of Don Meyers
be received and filed. Seconded by Coun-
cil Member Farrell. Carried by the
following vote:
area,
Council Member Werzberger moved
that the National Guard meet with City
Manager and Staff to determine an area,
other than 32nd Street area, for Guard
headquarters. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger,
Nays-None.
David Maiers expressed his apprecia-
tion to the Council for not locating in the
32nd Street area.
Communication of Don Meyers, Chair-
man of Community Development Com-
mission, recommending purchase of
building at 567 Arlington Street (Com-
munity Development Director Dit-
temore's report attached), presented
and read.
Harold Meloy, President of 11th St.
Neighborhood pleaded with Council for
a positive proposal.
Dan Dittemore recommended disposi-
tion be postponed to some time around
January 1, 1979. Council Member Brady
moved to approve the recommendation
of Community Development Commis-
sion to purchase building at 567 Arl-
ington Street, Seconded by Council
Member Farrell. VOTE ON THE MO-
TION WAS AS FOLLOWS:
Brady,
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King. Wertzberger,
Nays-None.
Yeas - Council Members
rell.
Nays-Council Members
W ertzberger.
Abstain ~ Mayor Tully.
MOTION FAILED.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger
moved approval of the Resolution, Se-
conded by Council Member Farrell.
Carried by the following vote
fice of the City Clerk showing among
other things the following:
1. The assessment limits, if any.
2. The streets to be improved.
3. The width of such improvement.
4. Each lot proposed to be assessed to-
gether with a valuation fixed by the
council.
5. An estimate of the cost of the pro-
posed improvement, stating the same
for each different type of construction
and kind of material to be used,
6. In each case the amount thereof
which is estimated to be assessed
against each lot, for the construction of
the City of Dubuque 1978 Asphalt Pav-
ing Project No.1:
1. Bies Drive from the S.P.L, of Penn-
sylvania Avenue to the S.P,L. of Dan-
iels Street,
2. Brunswick Street from the N ,P.L.
of O'Neill Street to the S.P .L. of Davis
Avenue.
3. Carter Road from Asbury Road to
Kaufmann A venue - patching.
4. Century Drive from U.S. Highway
#20 to Bies Drive - patching.
5. Daniels Street from the E.P.L, of
Bies Drive to the W.P ,L. of West Side
Manor Subdivision.
6. Davis Avenue from the W.P.L. of
Lot 1-1-2 to Richeson Davis Avenue
Place to the W ,P ,L. of Lot 2-3-Balance
3 of St, Francis Subdivision,
7. Eagle Point Park - parking lots at
"Riverfront Pavilion" and "Shiras
Memorial".
8. E. 19th Street from the E.P .L. of
Jackson Street to the E,P ,L. of Lot 13
of East Dubuque Addition (Railroad
Tracks).
9. E. 21st Street from the W.P.L. of
White Street to the E.P.L. of Central
Avenue.
10. Fairway Drive from the E.P.1.. of
Bunker Hill Road to the W,P.L. of St.
Ambrose Street.
11. Foye Street from the N.P.L. of
Lowell Street to the S.P.L. of Napier
Street.
12. Hill Street from the N.P.L. of
Dodge Street to the N.P .1.. of Wooten
Street,
13. Iowa Street from the S.P.L. of
Tenth Street to the S.P.L. of Four-
teenth Street.
14.JulienDubuque Drive from the Ci-
tyLimits to a point 565' northerly
therei:rom.
15. Race Street from the S,P.L. of
Rose Street to the N,P.L. ofW.Elev-
enth Street.
16. Ogle Street from the S.P.L. of
Sunset Park Circle to the S.P.L. of
Lot 3 of BlockS of Sunset Park Sub-
division.
17. Owen Court from the S,P.L. of
Special Session, June 19, 1978
Council Mem-
King, Wertz-
(Fixing date of hearing)
RESOLUTION NO. 220.78
WHEREAS, the City Council of the
City of Dubuque, Iowa, has by Resolu-
tion No. 218-78 given its preliminary ap-
proval on the proposed plans, specifica-
tions and form of contract and placed
same on file in the office of the City Clerk
for public inspection, for the construc-
tionofthe City of Dubuque 1978 Asphalt
Paving Project No.1
and,
WHEREAS, the proposed Resolution
of Necessity for said improvement has
been introduced and is now on file in the
City Clerk's office for public inspection,
BE IT THEREFORE RESOLVED
that on the 17th day of July, 1978, a
public hearing will be held at 7:30 o'clock
P.M. D,S.T, in the Council Chamber in
the City of Dubuque at which time the
owners of property subject to assess-
ment for the proposed improvement
may appear and make objection to the
proposed plans and specifications and
proposed form of contract and at the
same time to the boundaries of the pro-
posed district, to the cost of the improve-
ment, to the amount proposed to be
assessed against any lot and to the
passage of the proposed Resolution of
Necessity and the City Clerk be and he is
hereby directed to cause a notice of the
time and place of such hearing to be
published in some newspaper published
in the city of Dubuque, the first of which
shall not be less than ten days prior to
the day fixed for its consideration and
unless property owners at the time of
final consideration of said resolution
have on file with the Clerk objections to
the amount of the proposed assessment,
they shall have been deemed to have
waived all objections thereto, at which
time the Council will hear such objec-
tions and enter on record its final deci-
sion thereon.
Passed, adopted, and approved this
19th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
-~._'~~"-tI~,.J,i..,;''-K."".>'(JI~'''"''A,,-.l_
288
Yeas-Mayor Tully,
bers Brady, Farrell,
berger,
Nays-None.
Special Session,June 19, 1978
Sunset Park Circle to the south end of
the street,
18. Wartburg Place from the N.P.L.
of Lot 2-1 Mineral Lot 132 to the
N.P.L, of Lot 2-1 Mineral Lot 133.
BE IT THEREFORE RESOLVED
that the City Council of its own mo-
tion or upon petition of property
owners, deems it. advisable and ne-
cessary for the public welfare to make
the herein mentioned improvement,
and unless property owners at the
time of the final consideration of this
proposed resolution have on file with
the City Clerk objections to the
amount of the proposed assessment,
they shall be deemed to have waived
all objections thereto.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which
have been prepared therefore by the
City Engineer 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
improvement will be assessed upon
and against all privately owned pro-
perty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount pro-
vided by law, property will be as-
sessed whether the same abuts
thereon or is adjacent thereto accor-
ding to area and in proportion to the
special benefits conferred thereby,
and any deficiency shall be paid out of
the Road Use Tax Funds, Street
bonds shall be issued and sold in an-
ticipation of deferred payments of
assessments when a contract has
been performed and accepted and the
proceeds thereof used to pay the con-
tractor. The railway portion of any
street or assessment district shall be
assessed to and paid by the railway
Approved
Thomas A, Tully Jr.
Mayor
Richard W ertzberger.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
company.
The above resolution was intro-
duced, approved and ordered placed
on file with the City Clerk this 19th
day of June, 1978.
Approved and placed on file for fi
nal action.
.;,,,-~..,,d.<O~"
-.~-,..""~
291
Sirloin Stockade, Inc., 1895 John F. Ken-
nedy Rd.
Triangle Investment Inc., 1575 John F.
Kennedy Rd;
Passed, adopted, and approved this
19th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard VVertzberger
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
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, VV ertzberger.
Nays~None.
RESOLUTION NO. 222.78
VVHEREAS, Applications for Beer
Permits have been sUQmitted and filed
to this Council for appro'[al and the same
have been examined and approved; and
VVHEREAS, 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 bonds;
NOW THEREFORE BE IT RE-
SOLVED, by the City Council ofthe City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
Triangle Investments, Inc. (Also Sunday
Sales) 1575 John F. Kennedy Road
Catherine M. Meyer, 530 East 22nd St.
Passed, adopted, and approved this
19th day of June, 1978.
Thomas A. Tully Jr.
Mayor
Richard VVertzberger
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
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, VV ertzberger.
Nays-None.
RESOLUTION NO. 223.78
VVHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
SpecialSession,J\lne 19, 1978
Stampfer's
Creslanes Bowling
Main St.
John F. Hall, 2616 Windsor Ave.
Joter Inc., 31 Locust St.
David H. Hoffman and VVilliam J. Dix,
450 VV est Locust St.
Steven T. Schnee and James D. Murphy,
1902 Central Ave.
Nabors Drug #4,1920 Elm St.
Pusateri Bros., Inc., 2400 Central Ave.
Kevin J. Schlosser, 2195 Central Ave.
Sirloin Stockade, Inc., 1895 John F. Ken~
nedy Road
Melvin A. Spiegelhalter,102911z Main St.
Kenneth Stecklein, 2480 University Ave.
Earl J. Tegeler, 620 S. Grandview Ave.
Earl J. Tegeler, 2850 Burlington St.
Earl J. Tegeler, 2311 Windsor Ave.
University of Dubuque Snack Bar, 2050
University Ave.
Wareco System of Iowa, 700 Rhomberg
Ave.
Jeanne Zenner, 504 Central Ave.
Barney Willenborg, 1311 Rhomberg
Ave.
Sally Jo Roy, 400 Central Avenu9
Jack Bastian, 253 Main St.
Angelina A. Bertolini, 1298 Main St.
Richard Bracewell, 3275 Central Ave.
Rita Clancy, 201 E. 22nd St.
Clarke College, 1550 Clarke Drive
Michael T. Dawson, 2136 Central Ave.
Dubuque Marina, Inc., New City Harbor
Donna Ginter, 342 Main St.
Marco Giunta, 2022 Central Ave.
Jeannine A. Kersch, 1555 Central Ave.
Kwik Foods Texaco Station, 1075 Dodge
St.
JoAnne M. and John P. O'Hara, 855 Cen-
tral Drive
Gus Pascual and Paul Gloden, 1322 Cen-
tral Ave.
S. S. Kresge Company Store #100, 790
Town Clock Plaza
Firestone Tire & Rubber Co., 7th and
Bluff St.
Gary Neilson and Dwaine Bowman, 841
Central Ave.
Rita Schueller, Town Clock Plaza
Inc.. Town Clock
.uocust
255 South
McCoys
Plaza
Sunnycrest Manor, 2375 Roosevelt St.
Tail 'N Ale of Dubuque, 2560 Dodge St.
Village Inn Rest., 1940 John F. Kennedy
Rd.
Woolworth's Store, Kennedy Mall
B & D Standard Service Station, 1450
Loras Blvd.
Marie Becker, 206 West 3rd St.
Elizabeth Birkett, 55 Locust St.
Ronald Blakeman, 1046 Central Ave.
Terry L. and Sally J. Cabarett, 2186
Central Ave.
Michael Scott Clemens, 2327 Central
Ave.
Earl G. Corbett, 408 West'" St.
Lane:
Special Session, June 19, 1978
Phillip J. Mihalakis & William Paul
Shaffer, 1404 Pine St.
Shirley Mihalakis, 574 East 16th St.
Beverly Miller, 260 Southern Ave.
Merlin Morett, 3198 Central Ave.
Richard O'Hara, 70 South Locust St.
The Office Grill, 9th and Main St.
Papa Lukes, 1064 University Ave.
Joseph Polfer, 2612 Dodge St.
John L. Savary, 827 Dodge St.
Dick Albert, 3200 Central Avenue
Charles Adams, 20th and Jackson St.
Thomas E. Andresen, 1080 University
Ave.
American Legion, Dubuque Post #6,
1306 Delhi St.
Big "G" Steak House, Inc., Plaza 20
Wm. C. Brown Publishing Co., 2460 Ker-
per Blvd.
Richard B. Winsor, Bunker Hill Road
Josephine A. Burke, 1445 Central Ave.
Carousel Snack Bar, 555 John F. Ken-
nedy Road
Dubuque Mining Co., Kennedy Mall
William F. Dunne, Jones and Locust
Streets
William Hancock, 2205 Carter Road
Bert Hillary, 1413 Rockdale Road
Evelyn A. Hinkel, 2417 Rhomberg Ave.
Holiday Inn Dubuque, 1111 Dodge St.
James P. Kachevas, 665 Dodge Street
David Leach, 380 E. 20th St.
Thelma Lenstra, 410 West 8th St.
Milton Marty, 5th and Lcoust St.
Albert E. Mohr, 1281 Dodge St.
Ponderosa System, Inc., 2035 John F.
Kennedy Rd.
Ramada Inn, U.s. 20 at Mercer Drive
Sears-Roebuck Co., 300 South Locust St.
Francis J. Shanahan, 2501 Rhomberg
Ave.
Steve Smith, 1105 University Ave.
Gary Stewart, 9th and Central Ave.
Joseph Sutter, 32nd and Jackson St.
Taco John Corp., 1215 Dodge Street
Jack Siefker, 1081 University Ave.
Brian Vincent, 3305 Asbury Road
American Snack, Inc., 255 John F. Ken-
nedy Rd.
Paul E. Anthony, 1185 Dodge St.
Burger King #1100, 1350 JohnF. Ken-
nedy Rd.
Joseph F. and Jane E. Davis, 607 W.
22nd St.
Joseph F. and Jane E. Davis, 2900 Cen-
tral Ave.
Sport
Joseph F. and Jane E. Davis, 1575 John
F. Kennedy Road
Benevolent & Protective Order of Elks,
2699 John F. Kennedy Road
Fraternal Order of Eagles #568, 1175
Century Drive
2095
Junnie & Chuck's
Kerper Blvd.
K-Mart Store #4018, 2600 Dodge St.
Knights of Columbus, 781 Locust St.
Center,
290
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 22.1-78
BE IT RESOLVED, by 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
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cig-
arettes and Cigarette Papers within said
City.
Victoria Ellis, 120 West 4th Street
Lorraine A. Fransen, 1100 Lincoln Ave.
John F. Glynn, 760 East 16th St.
Gerald C. Kirchberg, 32nd and Jackson
St.
J.D. Streett & Company, Inc., 55JohnF.
Kennedy Road
Beverly A. Larsen, 1701 Central Ave.
Marc's Big Boy - Dubuque, 2600 Dodge
Street
Merchants Hotel, 304 Main Street
Herman J. Meyer, 3355 Pennsylvania
Ave.
David A. Parochetti, 2600 Dodge St.
Regal "8" Motel, 2680 Dodge St.
Donald J. Schute, 1646 Asbury Road
Linda L. Sheldon, 1399 Jackson St.
Allen C. Tressel, 2528 Central Ave.
Jerry Turner, 431 Rhomberg Ave.
Knox Corporation, 255 John F. Kennedy
Road
Ralph J. Grabow, 1050 University Ave.
The Great Atlantic and Pacific Tea Co.,
3333 Asbury Road
Dick Albert, 90 South Locust St.
John C. Andresen, Andresen's United,
229 8th St.
John C. Andresen, Pipe Inn, Kennedy
Mall
Thomas M. Astgen, 1101 Rhomberg
Ave.
C. K. of Dubuque, Inc., 3187 University
Ave.
Melvin L. Donovan, 1876 Central Ave.
Crane Enterprises, Inc., Asbury Square
D.B.Q., Inc., 4th and Locust Streets
Dubuque Golf and Country Club, Ran-
dall Place
Fischer Bowling Lanes, 880 Locust St.
Grandview Drug, Inc., 486 N. Grand-
view Ave.
LaVern Hennen, 3300 Asbury Road
Julien Motor Inn, 200 Main Street
Donald Kies, 2620 University Ave.
Barbara J. Furry, 2401 Windsor Ave.
KayWay, Inc., 250 West 1st St.
Kennedy Mall Cinema I and II, Kennedy
Mall
Kopple's Market, Inc., 1098 University
Ave.
Elizabeth Krajnovich, 481 Locust Street
Francis W. Kuhle, 3201 Central Ave.
James W . Lange, 2600 Dodge St.
Vincent Mescher, 1233 Rhomberg Ave.
Catherine M. Meyer, 530 E. 22nd St.
,<.~"".,,"~
-~---...,,"""""',~
293
near future for the City of Dubuque.
Table I shows those intersections in
cluded in the fiscal 1979-80 budget. The
Table represents all signals currently
anticipated in the short range plans.
Table II is a discussion of those loca-
tions which are problem intersections
for the movement of traffic or pedestri-
ans which are not presently programmed
for signals. The narrative attempts to
point out the positive and negative
aspects of signal installations at the par-
ticular location.
Not included in this discussion are
such long range signal installations
which may be needed for projects such
as the Northwest Arterial or Freeway
561.
Council Member Farrell moved that
the communication be received and filed
and referred to Council. Seconded by
Council Member Wertzberger.Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
June 14,1978
Honorable Mayor and City Council
We have attached copies of the staff
report on traffic control experiments on
Key Way Drive, originally submitted to
you at your work session of May 30th.
We refer you to the recommendations
at the end of the staff report. As it was
your wish to act upon these matters at
your meeting of June 19, the ordinances
implementing the staff proposals for
permanent installations of stop signs
and for the alternative diverter scheme
will be available at that meeting.
Staff will also be present to discuss
these matters with you, should you so
desire.
Daniel Dittemore
Director of
Community Development
Council 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, Wertzberger.
Nays-None.
Mrs. Bechen of 1710 Keyway stated
300 were against and 15 were for bar-
ricades. Alfred Engling of 1788 Keyway
was of opinion Keyway was not to be a
thru street. Tom Weig of 1868 Keyway
advised sometimes there is no traffic at
all; Schools and Workers is all; People
need that street; Streets are to drive on.
Bill Spofford, 2187 Keyway, objected
to diverter.
John Kohnen, 3038 J.F .K. Road ques-
tioned putting permanent diverters on
Gilbert D. Chavenelle
City Manag-er
Special Session, June 19,1978
an orderly "March for Christ" on August
16, 1978, presented and read.
Sandra Rosek and Robert Hansel
spoke to the petition.
Council Member Wert7,berger moved
that the request be approved subject to
approval of the Park Board and City
Manager. Seconded by Council Member
Farrell. Carried by Lhe following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Honorable Mayor and City Council
I return to you the petition of Mr.
Justmann which was referred to the Ci-
ty Manager and City Solicitor in Feb-
ruary. Since that date the City Solicitor
has been working with the Chicago-Mil-
waukee Railroad in order to negotiate
terms for the possible sale of the land to
the City.
Enclosed for your information is a co-
py of a proposal for sale which has just
been received from the railroad. Please
note that the offer expires July 3, 1978.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the communication be received 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, Wertzberger.
Nays-None.
Communication of U.S. Environmental
Protection Agency submitting a request
indicating eligibility for extension and
that all non-municipal dischargers into
the Publicly Owned Treatment Works
(POTW) of the date of request be no-
tified, presented and read. Council Mem-
ber Wertzberger moved that the com-
munication be referred to the City Man-
ager and Public Works Director to pur-
sue extension and authorize Manager to
sign for necessary extension. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Council Member
Farrell submitting a progress report on
Boards and Commissions Study, pre-
sented and read. Council Member
Wertzberger moved that the com-
munication be received and filed.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, FarreIl, King, Wertzberger.
Nays-None.
June 14,1978
Honorable Mayor and City Council
The following is a summary of traffic
signal installations anticipated in the
Special Session, June 19, 1978
Petition of Sm:anne L. Jarosh sug-
gesting designation of July -15th as
"Farmer Appreciation Day" in recogni_
tion of the people and farm families ef-
forts to keep the market available to the
public, presented and read. Council
Member Wertzberger moved that the
petition be approved subject to im-
plementation of the City Manager and
Market Master. 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 Mercy Medical Center re,
questing consideration as to the place-
ment of a traffic light at Hill and Dodge
Street, presented and read. Council
Member Farrell moved that the petition
be referred to the City Manager and
Traffic Department. Seconded by Coun-
cil Member W ertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-Council Member Brady.
Petition of Mrs. Robert Oster, in be-
half of OUf Redeemer Lutheran Church,
requesting permission to barricade
Woodland Street to accommodate their
family lawn social to be held on July 23,
1978, presented and read. Council Mem-
ber Wertzberger moved that the peti-
tion be approved subject to approval of
the City Manager. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Communication of Lorraine R. Larson
submitting her resignation from the ad
hoc Housing Code Review Committee,
presented and read. Council Member
Wertzberger moved that the resigna-
tion be accepted with regret. 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 West End Neighborhood
Ass'n. (21 signers) requesting to block
off Clifford Street on July 16th for the
purpose of running a Krate Kar Derby,
presented and read. Council Member
Farrell moved that the petition be ap-
proved subject to approval' of the City
Manager. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzherger.
Nays-None.
Petition of Midwest Christian Cru-
sades requesting permission to conduct
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rele-
vant thereto and they have filed proper
bonds;
NOW THEREFORE BE IT RE-
SOLVED. By the City Council of the Ci-
ty of Dubuque, Iowa, that the Manager
be authorized to cause to be issued to the
following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Gregory J. Adams, Jeffrey T. Maggio
and Terry L. Steiner (Sunday Sales
Only) 1064 University Ave.
Ronald Blakeman, 1046 Central Ave.
Creslanes Bowling, Inc. (Also Sunday
Sales) 255 S. Main St.
Donna M. Ginter (Also Sunday Sales)
342 Main St.
Joter Incorporated (Also Sunday Sales)
3135 Locust St.
Elizabeth Krajnovich, 481 Locust St.
Kenneth Jerome Love, 802 Central Ave.
Thelma Paradiso, 3050 Asbury
Dolores E. Roeth, 600 Central
John L. Savary, 827 Dodge St.
Paul Schollmeyer, 176 Locust St.
Melvin A. Spiegelhalter, 10291/2 Main
St.
Barney Willenborg, 1311 Rhomberg
Ave.
Michael Scott Clemens, 2327 Central
Ave.
Terry and Sally Cabarett,
Ave.
Michae
292
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion 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.
Petition of Kerin Moldenhauer re-
questing $185 to repaint and restore
symbols of Dubuque History on the pil-
asters oftbe Iowa Street Parking Ramp,
presented and read. Council Member
Wertzberger moved that the request be
approved. Seconded by Council Member
Brady . Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
2186 Central
Ave.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
T. Dawson, 2126 Central
"4_d-v__K...
-~ ~-,.....,,~.
295
particulate matter as approved by Iowa
Air Quality Commission, presented and
read. Coun('il Member Wertzberger
moved that the> communications be
received and filed and emission offset
procedure be referred to the Health
Dept. for information and study. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King. Wertzbergcr.
Nays-None.
Communications of City Attorney re-
commending denial of car damage claim
of Marilyn K. Dix, amicably disposed of;
Recommending denial of claim of Dubu-
que Community Schools for spraying
paint on bus, amicably disposed of; Re-
commending denial of car damage claim
of Gloria Ann Fox, amicably disposed;
Recommending denial of car damage
claim of Leonard G. Guier; Recommen-
ding denial of car damage claim of Daniel
G. Hoseliep; Recommending denial of
personal injury claim of Audrey Ober-
foell; Recommending denial of car dam-
age claim of Paul G. Galle; Advising of
dismissal of action against the City in the
case of James J. Doyle Estate as the re-
sult of bursting water pipes. presented
and read. Council Member Wertzberger
moved that recommendations of denials
be approved. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
hers Brady, Farrell, King. Wertzberger.
Nays-None.
Notice of Claim of Constance M.
Sweeney, in the amount of $125., for ex-
pense incurred as the result of a backed-
up sewer at 113 N. Booth on May 12 and
May 13, 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, W ertzberger.
Nays-None.
Notice of Claim of James A. Cosley, in
the amount of $200., for expense in-
curred as the result of installation of
water meter at 2580 Green St. on May
26, 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 Eleanor J. Rafoth,
Executor of Estate of Russell Rafoth
Dec'd., in the amount of $4,750., fordam-
1978
Special Session, June 19
of enough funds for an adequate opera-
tion. presented and read. Council Mem-
ber Wertzberger moved that the peti-
tion be received and filed and referred to
Council. Seeonded by Council Member
Farrell. Carried hy the following votE':
Yeas - Mayor Tu,lly, Council Mem"
hers Brady, I<~arrell, King. Wertzberger.
Nays-None.
Communication of City Manager sub-
mitting a proposed notice of sale for dis-
posal of Mobile Office Unit located next
to City Hall and requesting Lo proceed
with advertising and sale of this unit,
presented and read. Council Member
Wertz bergeI' moved that the request he
approved. Seconded by Council Member
Farrell. Carried hy the following vote:
Yeas-Mayor Tully, Council Mem-
hers nrady, Farrell, King.. Wertzberger.
Nays-None.
Minutes Suhmitted by Five Flags
Building- Committee and Five Flags
Center Commission of their meeting of
June 6 and June 13, 1978, Transit Trus"
tee Board of their meeting of May 22,
1978, and Board of Dock Commissioners
of their meeting of April 26. 1978,
presented and read. Council Member
Wertzberger moved that the minutes 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.
Communicat.onof Planning & Zoning
Commission submitting supplementary
items for inclusion in the Zoning Or-
dinance - Item 4 to Section 4-109.4,
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:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertz bergeI' .
Nays-None.
Proofs of Publication, certified to by
the Publisher. on Revenue Sharing of
Notice of adopted budget; also publica-
tion of intention for filing a request with
HUD and advising of use of Community
Block Grant Funds, presented and read.
Council Member Wertzberger moved
that the proofs of publication 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, Wcrtzbcrgcr.
Nays-None.
Communication of DEQ advising of
construction permit f-or sewer and water
for Arbor Oaks Block 7; Water Main Ex-
tension for Brunskill Road; also informa-
tion on emission offset procedure for
Special Session, June 19,1978
25.210 AND BY ADDING A NEW SUB.
SECTION 24, 25 AND 26 TO. SECTION
B OF SECTION 25.210 AND BY AD.
DING A NEW SUBSECTION 11 TO
SECTION E OF SECTION 25.210 OF
SAID CODE, PROVIDING THAT VE.
HICLES STOP BEFORE ENTERING
THOSE INTERSECTIONS DESIGNA-
TED AS STOP INTERSECTIONS.
NOW THEREFORE BE IT OR.
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE,IOWA:
Section 1. That Section A, Band E of
Section 25-210 of the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed so that such sections shall read as
follows:
"(b) Those intersections designated
are hereby declared to be 'Stop Inter-
sections' for all purposes of this sec-
tion.
A. Eastbound and westbound vehic-
les must stop before entering the in-
tersection of:
33. Keyway and KeY8tone
34. Woodland and Keyway
B. Northbound and southbound ve-
hicles must stop before entering the
intersection of"
24. Keystone and Keyway
25. Westway and Keyway
26. Keyway and Woodland
E. Eastbound vehicles must stop
before entering the intersection of:
11. Keyway and Westway"
Section 2. That all ordinances or
parts of ordinances in conflict with this
ordinance are hereby repealed.
Passed, adopted, and approved this
19th day of June. 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
HeraldNewspaper this 22ndday of June
1978.
it 6/22
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertz-
berger.
Nays-None.
Petition of Linda Gross et al (194
signers) requesting Council to increase
Key Line Budget by authorizing release
Leo Fr. Frommelt
City Clerk
294
J.F.K. Road. Stephanie Hahlen noted
they do have a traffic problem on Key-
way; 2/3 on Keyway are in favor of
closure; Request approval of recommen-
dation of staff.
CounCil Member Brady moved that
diverters be installed at the interseeLion
of Kevway and Woodland. Seconded
by M~yor .Tully. VOTE ON THE MO-
TION WAS AS FOLLOWS:
Yeas-Mayor Tully, Council Mem-
ber Brady.
Nays - Council Members Farrell,
King, Wertzberger.
MOTION FAILED.
Council Member Wertzberger moved
that Stop Signs be permanently installed
and investigation be made of Bies Drive
to be closed between Daniels St. and
Century Drive. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas - Council Members Brady, Far-
rell, King, Wertzberger.
Nays - Mayor Tully.
ORDINANCE NO. 38.78
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY ADDING A NEW SUBSECTION 33
AND 34 TO SECTION A OF SECTION
25.210 AND BY ADDING A NEW SUB.
SECTION 24, 25 and 26 TO SECTION B
OF SECTION 25.210 AND BY ADDING
A NEW SUBSECTION 11 TO SECTION
E OF SECTION 25.210 OF SAID CODE,
PROVIDING THAT VEHICLES STOP
BEFORE ENTERING THOSE INTER.
SECTIONS DESIGNATED AS STOP
INTERSECTIONS,
presented and read.
Council Member Farrell moved that
the reading just had be considered the
first reading of the Ordinance. Seconded
by Council Member Wertzberger. Car-
ried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Council Member Farrell 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,
be dispensed with. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas-,-Mayor Tully, Council Mem-
bers Brady, Farrel!', King, W ertzberger.
Nays-None.
ORDINANCE NO. 38.78
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA BE AMENDED
8Y ADDING A NEW SUBSECTION 33
AND 34 TO SECTION A OF SECTION
--_.__""'~.._AJ_d
297
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Peoples Natural
Gas requesting Iowa State Commerce
Commission for authority to liberalize
its customer connection policy,
presented and read. Council Member
Wertzberger moved that the com-
munication be received and filed and
Building Department be notified.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Northwestern Bell
requesting permission to excavate in
Central Ave. from 18th to E. 22nd Street
and at the corner of E. 26th Street,
presented 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.
Communication of City Manager rec-
ommending the installation of three 175
watt lumi!lJ!:ries on present Interstate
poles at Arabian Trail and Carter Road;
also between Arabian Trail and Kane
Street on Carter Road, 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.
Council Member Wertzberger moved
that the City Manager and City Solicitor
be directed to make arrangements to
answer Fire Calls in the Rockdale Area
provided it does not affect City Budget.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - None.
Dick Valentine of Valentine Body
Shop on Peru Road addressed the Coun-
cil in reference to water run-off from
Terrace Heights Subdivision; Stated
Mr. Manternach installed culvert May
12th - Flooded June 16th; Staff not get-
ting job done; Wishes to have culvert re-
moved or enlarged.
Wayne Valentine questioned if there
is anyway to open up culvert.
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.
Special Session,June 19, 1978
me
Council Member Wertzberger moved
that the communication be received and
filed and made a Matter of Record. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
June 8, 1978
To the Honorable Mayor and
Members of the City Council
In accordance with the provisions of
Chapter 400 of the 1977 Code of Iowa the
Civil Service Commission conducted
written examinations for the position of
Garage Automotive Mechanics on June
7,1978.
The following named persons have
passed the written examination with an
average of 70% or better.
Haberkorn, James J.
Gard, Donald W.
Tully, David M.
Davis, Jeffrey G.
75.7%
74.2%
70.7%
70 %
Richard Zimmer
John E. Hess
Civil Service Commission
me
Council Member Wertzberger moved
that the communication be received and
filed and made a matter of record.
Seconded by Council Member FarrelL
Carried by the following vote:
Yeas~Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
76%
5
81%
Richard Zimmer
John E. Hess
Civil Service Commission
June 8,1978
To the Honorable Mayor and Members
of the City Council
In accordance with the provisions of
Chapter 400 of the 1977 Code of Iowa the
Civil Service Commission conducted
Promotional Examinations on June 7,
1978, for members of the Fire Depart-
ment, for Captain Inspector.
The following member of the Fire De-
partment has passed the written exam-
ination with an average of seventy per-
cent or better.
Boland, Robert C.
(Plus Seniority)
Total
ATTEST
Leo F. Frommelt
Clerk
Subscribed and sworn to before
this 13th day of June 1978.
Louise M. Ford
Notary Public
ATTEST
Leo F. Frommelt
Clerk
Subscribed and sworn to before
this 13th day of June 1978.
Louise M. Ford
Notary Public
Special Session, June 19,1978
juries received in a fall on an icy side-
walk on E. 18th Street on December 5
1977, presented and read. Councii
Member Wertzberger moved that the
Notice of Suit be referred to the City At-
torney 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 Dennis G. Larsen,
in an undetermined amount, for car dam-
age incurred as the result of debris lying
in the street at 17th & Central Ave. on
May 5,1978, 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.
Communication of City Manager sub-
mitting reports of the City Treasurer,
Finance Director, Water Superinten-
dent, Health Department, as well as a
list of claims paid, for the month of May,
1978, presented and read. Council Mem-
ber Wertzberger moved that the com-
munication 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.
Notice of Claim of Donald Rietjens of
715 W. 32nd Street, in an undetermined
amount, for damages incurred as the re-
sult of storing water in the detention
basin at 32nd Street over the years,
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, W ertzberger.
Nays-None.
Notice of Claim of David B. Heisey, in
the amount of $153.15 for car damage in-
curred as the result of driving over a de-
fective manhole construction at Cleve-
land & Villa on May 7"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, W ertzberger.
Nays~None.
age incurred as the result of a broken
water main at 1781 White Street on
April6,1978, 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.
Notice of Claim of Audrey Oberfoell,
in an undetermined amount, for personal
injuries received in a fall at 2446 Wash-
ington Street as the result of a broken
curb on May 17, 1978, presented and
read. Council Member Wertzberger
moved that the Notice of Claim be re-
ferred to the City Attorney for in-
vestigatiori 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 Steven &
Christopher Foxen, in. the amount of
$10,000., for personal injuries received
as the result of falling against an un-
guarded guide wire at 1335 Cox Street
on May 22, 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.
Notice of Claim of Craig L. Kline, in
the amount of $60.36 for car damage in-
curred as the result of driving over
rough Hill Street on June 9, 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, W ertzberger.
Nays-None.
Notice of Suit of Donald D. Dolan et ux
in the amount of $35,000., for injuries re-
ceived as the result of a fall on an icy
sidewalk at 2520 Pennsylvania on De-
cember 1. 1978, presented and read.
Council Member Wertzberger moved
that the Notice of Suit 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, W ertzberger.
Nays-None.
Notice of Suit of Florence Cummings,
in the amount of $40,000., for personal in-
,--=>"'"',.........w., -_.._
.>..-:,_..,,~.'."'.'._'._'.."
~.~.-.""'=l=.",~""-=:'=,
296
299
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
ENACTING A NEW SECTION 1.101.3.3
OF ARTICLE I ADDING SPECIAL
PLANNING DISTRICTS TO THE LIST
OF SPECIAL PURPOSE DISTRICTS
ESTABLISHED BY THE ORDINANCE:
AND FURTHER BY ENACTING A NEW
SECTION 4.111 OF ARTICLE IV,
CREATING SPECIAL PLANNING DIS.
TRICTS, PRESCRIBING THEREIN,
GENERAL PROVISIONS, A GENERAL
STATEMENT OF INTENT, EFFECTOF
SPECIAL PLANNING DISTRICT DES.
IGNATlON, AND SPECIAL PLAN Ap.
PROVAL,
said Ordinance having been previously
presented and read at the Council Meet-
ing of June 5, 1978, presented for final
adoption.
ORDINANCE NO. 39.78
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
ENACTING A NEW SECTION 1.101.3.3
OF ARTICLE I ADDING SPECIAL
PLANNING DISTRICTS TO THE LIST
OF SPECIAL PURPOSE DISTRICTS
ESTABLISHED BY THE ORDINANCE:
AND FURTHER BY ENACTING A NEW
SECTION 4.111 OF ARTICLE IV,
CREATING SPECIAL PLANNING
DISTRICTS, PRESCRIBING THEREIN
GENERAL PROVISIONS, A GENERAL
STATEMENT OF INTENT, EFFECT OF
SPECIAL PLANNING DISTRICT
DESIGNATION, AND SPECIAL PLAN
APPROVAL.
NOW THEREFORE, BE IT OR.
DAINED BY THE 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 enacting a new Sec-
tion 1-101.3.3 of Article 1, as follows:
Article I. Establishment of Districts:
provisions for.Official Zoning Map and
Interpretation and Amendment There-
of
Sect. 1.101 Establishment of Districts
Sect. 1.101.3 Special Purpose Districts
3. Special Planning Districts. ..
Section 2. That the Code of Or-
dinances of the City of Dubuque, Iowa.
be amended by revising appendix A
thereof, also known as the "Zoning Ordi-
Special Session, June 28, 1978
COUN
OFFICIAL
Special Session, June 28, 1978.
Council met at 4:30 P.M. (C.D.T.)
Present: Mayar Tully I Council Mem-
bers Brady, Farrell, King. City Manager
Gilbert D. Chavenelle.
Absent: Council Member Wertzber-
Cll
ger.
Mayar Tully read the call and stated
that service thereof had been duly made
and this Meeting is called for the pur-
pose of considering zoning ordinances to.
provide for establishment of special
planning districts and special flood haz-
ard overlay districts and acting upon
such Dther business as may prDperly
come befDre a Regular Meeting Df the
CDuncil.
CDmmunicatiDn of Planning & ZDning
CommissiDn recammending adDption af
two. ordinances to. establish Special Plan-
ning Districts and Special FIDDd Hazard
Overlay Districts, presented and read.
CDuncil Member Brady mDved that the
cDmmunicatian be received and filed.
SecDnded by CDuncil Member Farrell.
Carried by the fallawing vo.te:
Yeas - Mayar Tully, Counci
bers Brady,'Farrell, King.
Nays-Nane.
Absent-Coune
berger.
Mem-
Wertz-
Proaf DfPublicatian, certified to. by
the Publisher, of Notice af Public Hear-
ing providing that the Code of Or-
dinances be amended by revising Ap-
pendix A thereDf Df the Zoning Ordi-
nance by enacting a new Section
1-101.3.3af Article I adding Special Plan-
ning Districts to. the list Df Special Pur-
pDse Districts established by the Or-
dinance, and further by enacting a new
Section 4-111 of Article IV, creating
special Planning Districts, prescribing
therein general provisiDns-, a general
statement of intent, effect of special
planning district designatio.n, and
special ,planapprovaI. presented and
read. No. written Dbjections were filed
and no. oral objectDrs were present in the
Council Chamber at the time set fDr the
hearing. Cauncil Member Brady mDved
that the proDf Df publicatiDn be received
and filed. SecDnded by Council Member
Farrell. Carried by the fallDwing vote:
Y eas ~ Mayor Tully. Co.uncil Mem-
bers Brady. Farrell, King.
Nays~None.
Absent -.,.. CDuncil Member Wertzber-
ger.
ORDINANCE NO. 39.78
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
Member
CITY
............- ~-,~~~~....'''''''~-:.>- ~".
-
298 Special Session, June 19, 1978
- -
Leo. F. Fro.mmelt
City Clerk
A pprDved .................. 1978
Adopted. .................. 1978
~
~
~
~
CDuncil Members
ATTEST:
- ~
City Clerk
,=",-~,,,..,.,,- ,.,.-
"'-
-.~_._~~._""",..-.it:""~1
301
perty in ttmes of flooding or cause un-
due increases in flood heights or vel-
ocities;
2) Require that uses vulnerable to
floods, including public facilities
which serve such uses, be provided
withflood protection at the time ofin-
itial construction;
3) Protect individuals from buying
lands which are unsuitedforintended
purposes because offlood hazard,' and
4) Assure that eligibility is main-
tained for property owners in the Ci-
ty to purchase flood insurance in the
National Flood Insurance Program.
Sect. 4.111.2.2 Supplemental Definl.
tlons
Channel: A natural or artificial
water-course of perceptible extent, with
a definite bed and banks to confine and
conduct continuously or periodically
flowing water. Channel flow, thus is
that water which is flowing within the
limits of a defined channel.
Development: Any man-made
change to improved or unimproved real
estate, including but not limited to
buildings or other structures, mining,
dredging, filling, grading, paving, ex-
cavation or drilling operations.
Flood: A temporary rise in streams
flow or stage that results in water
overlapping its banks and inundating
areas adjacent to the channel. An
unusual and rapid accumulation of run-
off or surface waters from any source.
Flood Insurance. Rata Map (FIRM):
An official map of a community, on
which the Flood Insurance Study has
delineated the Flood Hazard Boun-
daries and the zones establishing in-
surance rates applicable to the com-
munity.
Flood Insurance.Study (FIS): The of.
ficial report provided by the Federal In-
surance Administration. The report
contains flood profiles, as well as the
Flood Boundary-Floodway Map and the
water surface elevation of the base
flood.
Flood Proofing: Any combination of
structural and non-structural additions,
changes or adjustments to structures,
including utility and sanitary facilities,
which would preclude the entry of wa-
ter. Structural components shall have
the capability of resisting hydrostatic
and hydrodynamic loads and the effect
of buoyance.
Floodway: The channel of a river or
other watercourse and the adJacent por-
tion of the flood plain that must be re-
served in order to discharge the
100-year flood without cumulatively in-
creasing the water surface elevation
more than one fOQt at any point assum-
ing equal conveyance reduction outside
Special Session, June 28, 1978
ENACTING A NEW SECTION 4.111.2
OF ARTICLE IV, CREATING SPECIAL
FLOOD HAZARD OVERLAY DIS.
TRICTS, PRESCRIBING THEREIN A
GENERAL STATEMENT OF INTENT,
SUPPLEMENTAL DEFINITIONS,
GENERAL PROVISIONS, ESTAB.
L1SHMENT OF FLOOD HAZARD
OVERLAY DISTRICTS, STANDARDS
FOR THE FLOODWAYOVERLAY AND
FLOODWAY FRINGE OVERLAY DIS.
TRICTS, FLOODWAY FRINGE OVER.
LAY DISTRICT PROVISIONS, FLOOD.
WAY OVERLAY DISTRICT PROVI.
SIONS, AND ADMINISTRATION,
said Ordinance having been previously
presented and read at the Council Meet-
ing of June 6, 1978, presented for final
adoption.
ORDINANCE NO. 40.78
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
ENACTING A NEW SECTION 4.111.2
OF ARTICLE IV CREATING SPECIAL
FLOOD HAZARD OVERLAY DIS.
TRICTS, PRESCRIBING THEREIN A
GENERAL STATEMENT OF INTENT,
SUPPLEMENTAL DEFINITIONS,
GENERAL PROVISIONS, ESTAB.
L1SHMENT OF FLOOD HAZARD
OVERLAY DISTRICTS, STANDARDS
FOR THE FLOODWAY OVERLAY AND
FLOODWAY FRINGE OVERLAY
DISTRICTS, FLOODWAY FRINGE
OVERLAY DISTRICT PROVISIONS,
FLOODWAY OVERLAY DISTRICT
PROVISIONS, AND ADMINISTRA.
TION.
NOW THEREFORE BE IT OR.
DAINED BY THE 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 enacting a new sec-
tion 4-111.2 of Article IV; as follows:
"ARTICLE IV DISTRICT REGULA.
TIONS
4.111 Special Flood Hazard Overlay
Districts
4.111.2 General Statement of Intent
The provisions of this Section are in-
tended to promote the public health,
safety, and general welfare and to min-
imize the extent offloods and the losses
incurred in flood hazard areas. The reg-
ulations of this Section are designed to:
1)Restrict or prohibit uses which are
dangerous to health, safety, or pro-
Special Session, June 28, 1978
Section 3.. That the fore going amend.
ments have heretofore been approved
by the Planning and Zoning Commission
of the City of Dubuque, Iowa,
Passed, adopted, and approved this
28th day of June, 1978.
Thomas A. Tully,Jr.
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ORDINANCE NO. 40.78
AN ORDINANCE OFTHE 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
~0"""'~~
It 716
Council Member Brady moved final
adoption of the Ordinance. Seconded by
CouncilMember Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Counc
bers Brady, Farrell, King.
Nays-None.
Absent-Council Member
ger.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing providing that the Code of Ordi-
nances be amended by revising Appen-
dix A thereof of the Zoning Ordinance by
enacting a new Section 4.111.2 of Article
IV creating special flood hazard overlay
districts, prescribing therein a general
statement of intent, supplemental def-
initions, general provisions, establish-
ment of flood hazard overlay districts,
standards for the flood way overlay and
floodway fringe overlay districts, flood-
way fringe overlay district provisions,
floodway overlay district provisions,
and administration, 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 Brady moved that
the proof -of publication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays-None.
Absent-Counci
ger.
Mem-
Wertzber-
Wertzber-
ATTEST,
Leo F, Frommel;
City Cleric
Published officially in the Telegraph
Herald Newspaper this 6th day of July,
1978.
Leo F. Frommelt
City Cleric
Member
nance and Zoning Map. of the City. of
Dubuque, .Iowa" by enacting a new Sec-
tion 4-111 of Article IV, as follows:
"Article IV District Regulations
Sect. 4.111 Special Planning Districts
4.111.1 General Provisions
4.111.1.1 General Statement of Intent
It is the intent of this Section to permit
the creation of Special Planning Dis~
tricts in general areas or on individual
sites or groups of sites where special
and substantial public interest requires
the application of specialized regula-
tions.
The areas and sites which require
specialized treatment may include but
are not limited to:
1. Areas and sites which are envi.
ronmentally sensitive;
2. Areas and sites where the poten-
tialfor the most suitable ultimate de-
velopment must be protected while
providing for existing development;
or
3.A reas and sites which have been or
are in danger of becoming adversely
impacted by over-intensive develop-
ment, traffic congestion, blight, orin-
adequate public facilities.
It is further intended that such Spec-
ial Planning Districts and regulations
shall be consistent with and promote the
purposes set forth in the Comprehen-
sive Plan and other officially adopted
plans and politices of the City.
Sect. 4.111.1.2 Effect of Special Plan.
ning District Designation
Special Planning Districts may, to
the extent indicated in the particular
Special Planning District provisions,
either:
1. Overlay: Modify requirements,
regulations, and procedures applying
in existing districts or districts here-
after created and remaining after
the Special Planning Districts are
super-imposed upon them; or
2. Replace: Supplant districts or por-
tions of district!" existing at the time
of creation of a particular Special
Planning District.
Sect. 4.111.1.3 Special Plan Approval
Each Special Planning District may
require a submission of detailed site
plans, building plans and maps and
special approval of such plans by the
Planning and Zoning Commission, Plan-
ning Department, City Council, orother
officials 01' agencies of the City. Where
special approval is required, no building
permit or certificate of occupancy shall
be issued until after written approval.
In any event, no building permit or cer-
tificate of occupancy shall be issued for
development other than in accord with
approved plans and instruments. "
300
",,-"""
~~"--'
303
Section and Section 4-111.2.5 are
2) Standards for the Floodway Fringe
Overlay District (FF)
a)All new construction or substantial
improvements of residential struc-
tures shall have the lowest floor, in-
cluding basement elevated to or
above.
b) All new construction or sub-
stantial improvements of non-resi-
dential sturctures. shall have the low-
est floor, including basement, eleva-
ted to or above the re gulatory flood
protection elevation or, together
with attendant utility and sanitary
facilities, to be flood-proofed up to
that level.
c) Within Zones AO all new construc-
tionand substantial improvements of
residential structures shall have the
lowest floor, including basement, ele-
vated above the crown of the nearest
street or above the depth number
specified on the official Flood In-
surance Rate Map.
d) Non-residential structures, within
Zones AO, together with attendant
utility and sanitary facilities may be
flood-proofed to or above the depth
number specified on the officialFlood
Insurance Rate Map.
e) For new mobile home parks,
mobile home subdivisions, or expan-
sions the same, and for new mobile
homes not in a mobile home park, and
for existing mobile home parks
where the repair, reconstruction, or
improvement of streets, utilities, and
pads equals or exceeds 50 percent of
the value of the streets, utilities and
pads before the repair, reconstruc-
tion or improvement has commenced,
it is required that:
(1) Specific
met:
(a) Over-the-top ties be provided at
each of t~e four corners of the mobile
home with two additional ties per
side of the intermediate locations and
mobile homes less than 50 feet long
requiring one additional tie per side.
(b) Frame ties be provided at each
corner of the home with five addition-
al ties per side at intermediate points
and mobile homes less than 50 feet
long requiring four additional ties
per side.
(c) All components of the anchoring
system be capable ofcarrying aforce
of 4800 pounds.
(d) Any additions to mobile homes be
similarly anchored.
(2) Stands or lots are elevated on com-
pacted fill or piers so that the lowest
floor of the structure will be at or
be
standards
anchoring
Special Session, June 28,1978
this
met.
2) Specific Standards
a) Storage of Material
ment
(1) The storage or processing of ma-
terials that in time of flooding are
buoyant, flammable, explosive, or
could be injurious to human, anima~
or plant life is prohibited.
(2) The storage of other material or
equipment may be allowed ifnot sub-
ject to major damage by floods and
firmly anchored to prevent flotation
or if readily removable from the area
within the time available after flood
warning.
(b) Subdivision Proposals
(1) All subdivision proposals shall be
consistent with the need to minimize
flood damage.
(2) All subdivision proposals shall
have public utilities and facilities
such as sewer, gas, electrical, and wa-
ter systems located and constructed
to minimize flood damage.
(3) All subdivision proposals shall
have adequate drainage provided to
reduce exposure to flood hazards.
(4) The subdivider shall provide the
regulatory flood protection elevation
for each subdivision proposal of five
(51 acres or fifty (501 lots, whichever is
lesser.
Section 4.111.2.6 Floodway Fringe Ov.
erlay District (FF)
1) Permitted Uses
Any use permitted in the underlying
district that shall be permitted in the
Floodway Fringe Overlay District (FFI
provided that no use shall be permitted
in the district unless the standards of
provements shall be anchored to pre-
vent flotation, collapse or lateral
movement of the structure;
b) All new construction and sub-
stantial improvements shall be con-
structed with materials and utility
equipment resistant to flood damage;
c) A II new construction or substantial
improvements shall be constructed
by methods and practices that
minimize flood damage;
d) All new and replacement water
supply systems shall be designed to
minimize or eliminate infiltration of
flood waters into the system.
e) New and replacement sanitary
sewerage systems shall be designed
to minimize or eliminate infiltration
of flood waters into the systems and
discharges from the systems into
flood waters; and
f) All new and replacement on-site
waste disposal systems shall be lo-
cated to avoid impairment to them or
contamination from them during
flooding.
and Equip.
Special Session, June 28, 1978
the Flood Insurance Rate Map, the
Flood Boundary and Floodway Map,
and the Flood Insurance Study dated
October 31, 1975, provided by the
Federal Insurance Administrationas
the official documents.
2) Lands to Which Section Applies
This Section shall apply to all lands
within the jurisdiction of the City of
Dub'!1:(Jue identified on the Flood In-
surance Rate Map as numbered and
unnumbered A zones and within the
Fl,ood Hazard Overlay Districts es-
tablished in Section 4-111.2.4.
3) Interpretation
In their interpretation and, applica-
tion, the provisions of this Section
shall be held to be minimum require-
ments and shall not be deemed a
limitation or repeal of any other
powers granted by State Statutes
4) Warning and Disclaimer of Lia.
bility
The degree of flood protection re-
quired by this Section is considered
reasonable for regulatory purposes
and is based on engineering and
scientific methods of study. Larger
floods may occur on rare occasions or
the flood heights may be increased by
man-made or natural causes, such as
ice jams or bridge openings. restric-
ted by debris. This Section does not
imply that areas outside the flood
hazard overlay districts or land uses
permitted within such districts will
be free from flooding or/lood
damages. This Section shall not
create liability on the part of the City
of Dubuque or any officer or em*
ployee thereof for any flood da.mages
that may result from reliance on this
Section or any adminsitrative deci-
sion lawfully made thereunder.
Sect. 4.111.2.4 Establishment of Flood
Hazard Overlay Districts
There are hereby established a
Floodway Overlay District (FWI and
a Floodway Fringe Overlay District
(FF) whose. boundaries shall be con-
sistent with the numbered and un-
numbered A Zones as identified on
the Flood Insurance Rate Map and in
the Flood Insurance Study provided
by the Federal Insurance Adminis-
tration. Within these districts all
uses not meeting the standards of
this Section and those standards of
the underlying zoning district shall
be prohibited.
Sect. 4.111.2.5. Standard for the
Floodway Overlay District (FW) and
the Floodway Fringe Overlay District
(FF)
1) General Standards
a) All new construction including
mobile homes and substantial im-
Substantial Improvement: "Sub
stantial Improvement" means any re-
pair, reconstruction, or improvement of
a structure, the cost of which equals or
exceeds 50 percent of the mar/eet value
of the structure either, (a) before the im-
provement is started, or (bl if the struc-
ture has been damaged and is being re"
stored, before the damage occurred. For
the purposes of this definition "substan-
tial improvement" is considered to oc-
cur when the first alteration-of any wan
ceiling, flood, or other structural part of
the building commences, whe ther or not
that alteration affects the external
dimensions of the structure. The term
does not, however, include any altera-
tion to comply with existing state or
local health, sanitary, building, or safe ty
codes or re gulations.
100 Year Flood: The base flood hav-
ing a one percent chance of annual occur-
rence.
Sect. 4.111.2.3 General Provisions
1) Adoption of Flood Maps and
Flood Insurance Study
The City of Dubuque hereby adopts
302
the channel from the two sides of the
flood plain.
Floodway Fringe: That area of the
floodplain, outside ofthefloodway, that
on the average is likely to be flooded
once every 100 years (i.e., that has a one
percent chance of flood occurrence in
anyone year.J
Mobile Home: A structure, transpor-
table in one or more sections, which is
built on a permanent chassis and de-
signed to be used with or without a per-
manent foundation when connected to
the required utilities. It does not include
recreational vehicles or travel trailers.
Mobile Home Park (Subdivision):
"Mobile Home Subdivision" means a
parcel (or contiguous parcelsl of land
which has been divided into two or more
lots for rent or sale and the placement of
mobile homes.
New Construction: New construc-
tion means those structures where new
construction or substantial improve-
ment of which is begun after the effec-
tive date of this Ordinance.
Regulatory Flood Elevation: Eleva-
tion indicated on the FIRM as the elev-
tion of the 100 year flood.
Regulatory Flood.Protection Eleva-
tion: An elevation one foot higher than
the water surface elevation of the regu-
latory flood.
Structure: A walled and roofed struc-
ture including a gas or liquid storage
tank that is principally above the
ground, including but without (,imita-
tion to buildings, factories, sheds, cab-
ins, mobile homes, and other similar us-
es.
Mem-
Wertzber-
RESOLUTION NO. 22H8
A Resolution Directing the Transfer of
Certain Community Development
Block Grant Funds
NOW, THEREFORE, Be It Resolved
by the City Council of the City of Dubu-
que, Iowa:
Section 1. That an amount not to ex"
ceed Seventy-Five Thousand Dollars
($75,000) shall be transferred and re-
programmed as shown below.
Rehabilitation Interim Assistance
To
Rehabilitation Loans And Grants
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Council Members Brady, Far-
rell, King.
Nays-None.
Abstain-Mayor Tully.
Absent - Council Member
Wertzber-
ger.
AN ORDINANCE of the City of Du-
buque, Iowa, providing that the Code of
Section 2. That the foregoing
transfer of funds hasheretofore been ap-
proved by the Rehabilitation Commis-
sion and the Community Development
Commission.
Passed, adopted, and approved this
28th day of June, 1978.
305
this
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 6th day of July
1978.
It 7/6
Council M em ber Brady moved final
adoption of the Ordinance. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Counci
bers Brady, Farrell, King.
Nays-None.
Absent-Counc:
ger.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Section 2. That the foregoing amend-
ment has been approved by the Plan-
ningandZoning Commiss{onofthe City
of Dubuque, Iowa.
purpose. Every such -appltcation
shall:
a) Identify and describe the work to
be covered by the permit.
b) Describe the land on which the pro-
posed work is to be done by lot, block,
tract and street address or similar de-
scription that will readily identify
and definitely locate the proposed
building or work.
c) Indicate the use or occupancy for
which the proposed work is intended.
d) Be accompanied by plans and spec-
ifications for proposed cons truction.
e) Be signed by the permittee or his
authorized agent who may be re-
quired to submit evidence to indicate
such authority.
t) Give such other information as may
reasonably be required by the City
Manager or his appointed designee.
3) Administrator of this Section
The City Manager or his appointed
designee is hereby appointed to ad-
minister and implement the provi-
sions of this Section. The duties of the
City Manager or his appointed de-
signee shall include, but not be lim-
ited to:
a) Review of all development permits
to assure that sites are reasonably
safe from flooding and that the per-
mit requirements of this Section
have been satisfied,'
b)Review of all development permits
to assure that all necessary permits
have been obtained from Federal,
State, or local governmental agen-
cies from which prior approval is re-
quired.
c) Notify adjacent communities and
the Iowa Natural Resources Council
prior to any alteration orrelocation of
a water-course, and shall submit evi-
dence of such notification to the Fed-
eral Insurance Administration;
d)Assure that maintenance is provid-
ed within the altered or relocated
portion of said water-course so that
the flood carrying capacity is not di-
minished;
e) Verify and record the actual eleva-
tion (in relation to mean sea level) of
the lowest floor (including the base-
ment) of all new or substantially im-
proved structures,
f) Verify and record the actual eleva-
tion (in relation to mean sea level) to
which the new or substantially im-
proved structures have been flood-
proofed,' and
g) Whenfloodproofingis utilizedfora
particular structure the City Man-
ager or his appointed designee shall
be presented certification from a
registered professional engineer or
architect.
Special Session, Jnne 28, 1978
above the regulatory flood protection
elevation.
(3) Adequate surface drainage and
easy access for a hauler is provided.
(4) In the instance of elevation on
piers, lots are large enough to permit
steps, pier foundations are placed on
stable soil no more than 10feet apart
and steel reinforcement is provided
for piers more than 6 feet high,
Section 4.111.2.7 Floodway Overlay
District (FW)
1) Permitted Uses
Only the following uses having a low
flood-damage potential and not ob-
structing flood flows shall be permit-
ted within the Floodway Overlay
District (FW) to the extent that they
are not prohibited by any other ordi-
nance and provided they do not re-
quire structures, fil~ or storage of
materials or equipment. No use shall
increase the flood levels of the
regulator flood elevation. These uses
are subject to the standards of Sec-
tion 4-111.2.5 and Section 4-111.2.6.
a) Agricultural uses such as general
farming, pasture, nurseries,forestry.
b) Residential uses such as lawns,
gardens, parking, and play areas.
c) Non-residential areas such as
loading areas, parking, airport land-
ingstrips.
d) Public and private recreational
uses such as golf courses, archery
ranges, picnic grounds, parks,
wildlife and natural preserves.
e) Streets, overhead utility lines,
creek and storm drainage facilities,
sewage treatment plant outlets, wa-
ter supply intake structures, and
other similar public or utility uses.
f) Boat docks, ramps, piers for public-
ly owned structures.
g) Dams, provided they are con-
structed in accordance with the
regulations of the City of Dubuque,
the Iowa Natural Resources Council
and other State and Federal agen-
cies.
h) Placement of mobile homes is pro-
hibited in the floodway, except in ex-
isting mobile home parks and ex-
isting mobile home subdivisions.
Section 4.111.2.8 Administration
1) Permit Required
No person, firm or corporation shal,
initiate any development or substan-
tial improvement or cause the same
to be done without first obtaining a
seprate permit for development for
each building or structure.
Passed, adopted, and
28th day of June, 1978.
Thomas A. Tully Jr.
Mayor
lJ. Afichael}(ing
James E. Brady
Carolyn Farrell
Council Members
approved
Leo F. Frommelt
City Clerk
Member
Special Session, June 28, 1978
4) Appeals
Appeals may be made to the Board of
Adjustment by any person aggrieved
or any municipal officer, department,
board or bureau affected by any or-
der, requirement, decision or deter-
mination made by the City Manager
or his appointed designee in the ad-
ministration or enforcement of this
Section. Such appeals shall be made
in accordance with the provisions of
Section 6-105.
5) Variances
a) Authorization. The Board of Ad-
Justment may authorize a variance
from the strict application of any pro-
vision of this Section, provided that
such a variance may only be granted
upon (1) a showing of good and suffi-
cient cause, (2) a determination that
failure to grant the variance would
result in exceptional hardship to the
applicant, and (3) a determination
that the variance issuance will not
result in increased flood heights, ad-
ditional th1'eats to public safety, ex-
traordinary public expense, will not
create nuisances, cause fraud on or
victimization of the public, or conflict
with existing local or state laws or or-
dinances and (4) approval of the var-
iance by the Iowa Natural Resources
Council. No variance shall have the
effect of allowing in any zoning
district uses not permitted in that
district by either this Section or any
other Section of this ordinance.
b) Procedure and Standards. Re-
quest for variance shall be made in ac-
cordance with the procedures and
standards set forth in Section 6-107.
c) Technical Assistance. The Board
of AdJustment in its review of a var-
iance request, and prior to rendering
its decision, shall transmit one copy
of the application and supplemental
information to the City Engineer for
technical assistance in evaulating the
proposed variance.
d) Notice to the Applicant. The City
Manager or his appointed designee
shall notify the variance applicant in
writing that the issuance of a vari-
ance to construct a structure below
the 100-year flood level will result in
increased actuarial rates for-flood in-
surance coverage and that such con-
struction increases risks to life and
property. The applicant will provide
written and notarized acknowledge-
ment of such notification.
304
2) Application for Permit
To obtain a permit, the applicant
shall first file an application in
writing on a form furnished for that
"~"~'''-
'~-"""__"~."M...;.J.^;:.-K"",,."" .......".
306
307
THE CITY OF DUBUQUE, IOWA" BY
RECLASSIFYING PROPERTY IN
"HENRY A. ROBINSON INDUSTRIAL
SUBDIVISION" FROM C.3 ARTERIAL
BUSINESS COMMERCIAL DISTRICT
CLASSIFICATION TO HI HEAVY IN.
DUSTRIAL DISTRICT CLASSIFICA.
TION.
NOW THEREFORE BE IT OR.
DAINED BY THE 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" to reclassify herein-
after described property from "C-3
ArterialBusiness CommercialDistric1"
classification to HI Heavy Industrial
District classification, to wit:
the northerly 26 feet of Lot 2 of Lot 1
of Lot 1 of "Henry A. Robinson In-
dustrial Subdivision" in the City of
Dubuque, Iowa
Section 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, adopted, and approved this
3rd day of July, 1978.
Richard Wertzberger
Mayor Pro-Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Leo F. Frommelt
City Clerk
1t 7/5
Mayor Pro-Tem Wertzberger moved
final adoption of the Ordinance. Second-
ed by Council Member King. Carried by
the following vote:
Yeas-Mayor Pro-Tem Wertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain-Mayor Tully.
RESOLUTION NO. 223.78
Authorizing Submission of a Request
for Release of Funds for Certain Com-
munity Development Block Grant Pro-
jects
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program con-
vened an ad hoc committee on June 12,
1978, and completed an Environmental
Assessment of the following identified
ATTEST,
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 5th day of July
1978.
Regular Session,J uly 3, 1978
CITY COUNCIL
OFFICIAL
Regular Session, July 3, 1978.
Council met at 7:30 P.M. (C.D.T.)
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 has been duly made
and this Meeting is the regular monthly
meeting of the Council called for the pur-
pose of acting upon such business as may
properly come before the Meeting.
Proclamations proclaiming the week
of July 16, 1978 as "Official Welcome
Wagon Week" and July 15, 1978 as
"Farmer Appreciation Day", were read,
approved and signed by Mayor Tully.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance by
reclassifying the Northerly 26' of Lot 2
of Lot 1 of Lot 1 of Henry A. Robinson!n-
dustrial Sub. from C-3 Arterial Commer-
cial District to Heavy Industrial District
Classification, presented and read. No
written objections were filed and no oral
objectors were present in the Council
Chamber at the time set for the hearing.
Council Member Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
King. Carried by the following vote:
Yeas-Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
ORDINANCE NO. 41.78
AN ORDINANCE OFTHE 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
RECLASSIFYING PROPERTY IN
"HENRY A. ROBINSON INDUSTRIAL
SUBDIVISION" FROM C.3 ARTERIAL
BUSINESS COMMERCIAL DISTRICT
CLASSIFICATION TO HI HEAVY IN.
DUSTRIAL DISTRICT CLASSIFI.
CATION,
said Ordinance having been previously
presented-and read at the Council Meet-
ing of June 5, 1978 presented for final
adoption.
ORDINANCE NO. 4H8
AN ORDINANCE OFTHE 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
Special Session, June 28, 1978
ATTEST:
Leo F. Frommelt
City Clerk
Council Member King moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays-None.
Absent-Council Member Wertzber-
ger.
Council Member Brady moved that the
Transit Authority be directed to rein-
stitute all services recently cut. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays-None.
Absent-Council Member Wertzber-
ger.
There being no further business,
Council Member Brady moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays-None.
Absent-Council Member Wertzber-
ger.
Leo F. Frommelt
City Clerk
Approved. . . . . . . . . . . . . . . . . . . . .. 1978
Adopted. .. . . . . . . . .. .. . . . . . . ... 1978
Council Members
ATTEST:
City Clerk
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 repealing the definition for
"Department Store" in Article XI and
adopting a new definition for "De-
partment Store" in Article XI, pre-
sented and read. Council Member Far-
rell moved that the Ordinance be re-
ceived and filed and referred to Council
Meeting to be held on July 3, 1978. Se-
conded by Council Member Brady. Car-
ried by the following vote:
Yeas - Council Members Brady, Far-
rell, King.
Nays - Mayor Tully.
Absent-Council Member Wertzber-
ger.
AN ORDINANCE 01 the City 01 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 repealing Section 4-117.6 of Ar-
ticle IV and ~dopting a new Section
4-117.6 of Article IV, prescribing special
provisions governing the expansion of
existing C-6 Commercial Districts and
uses contained therein, presented and
read. Council Member Farrell moved
that the Ordinance be received and filed
and referred to Council Meeting to be
held on July 3,1978. Seconded by Coun"
cil Member Brady. Carried by the follow-
ing vote:
Yeas-Council Members Brady, Far-
rell, King.
Nays - Mayor Tully.
Absent-Council Member Wertzber-
ger.
RESOLUTION NO. 222.78
Authorizing the SUbmission of an Ap.
plication for State Assistance Funds
WHEREAS, the Dubuque Transit
Trustee Board is filing an application for
state transit assistance funds to be used
for capital purchases.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Dubuque Transit
Trustee Board be and it is hereby au-
thorized and directed to file on behalf of
the City of Dubuque an application with
the Iowa Department of Transportation
for state transit assistance funds in the
amount of $92,915.
Passed, adopted, and approved this
28th day 01 June, 1978.
Thomas A. Tully Jr.
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members