1977 February Council Proceedings
Regular Session, February 7, 1977
CITY COUNCIL
43
OFFICIAL
Regular Session, February 7, 1977.
Council met at 7:30 P.M. (C.S.T.)
Present - Mayor Stackls, Council-
men Brady, Pregler, Tully, Wertz-
berger, City Manager Gilbert D.
Chavenelle.
Mayor Stackis read the call and stated
that service thereof had been duly made
and this Is THE REGULAR MONTHLY
MEETING of the Council called for the
purpose of acting upon such business as
may properly come before the meeting.
Proclamations prociaiming month of
February as "American Heart Month"
and week of February 6 to 12, 1977 as
"Office Education Week" were read and
approved and signed by Mayor Stackis.
Communication nf Housing Commis-
sion submitting minutes of their meet-
ing of January 18, 1977, presented and
read. Councilman Tully moved that the
minutes be received and filed. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Five Flags Center
Building Committee submitting min-
utes of their meeting of January 13,
1977, presented and read. Councilman
Tully moved that the minutes be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Communication of Planning & Zon-
ing Commission submitting minutes of
their meeting of January 19, 1977, pre-
sented and read. Councilman Tully
moved that the minutes be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Me.
tropolitan Area Transportation Study
(DMATS) submitting minutes of their
meeting of December 16, 1976, present-
ed and read. Councilman Tully moved
that the minutes be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Airport
Commission submitting minutes of
their meeting of January 13, 1977, pre-
sented and read. Councilman Tully
moved that the minutes be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuily, Wertzberger.
Nays-None.
Communication of Dubuque Citizens
Advisory Commission submitting min-
utes of their meeting of January 25,
1977, presented and read. Councilman
Tully moved that the minutes be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Communication of City of Dubuque,
Iowa, Transit System submitting Audit
Report for years ending June 30, 1975
and June 30, 1976, presented and read.
Councilman Tully moved that the com-
munication and report be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of City Development
Board, State of Iowa, submitting a
manual to clarify the process of corpor-
ate boundary change, also to be used as
a working guide for local officials rela-
tive to boundary changes etc., presented
and read. Councilman Tully moved that
the communication be received and
filed and manual referred to the Plan-
ning & Zoning Commission. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Iowa Department
of Environmental Quality submitting
water construction permit for McClain
Subdivision and Cedar Lake Addition,
presented and read. Councilman Tully
moved that the communication be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Communication of Church Women
United informing Council of their
whoie-hearted support of newly formed
group "Transitions to Freedom" and
requesting that the Community become
informed and give their endorsement,
presented and read. Councilman Tully
moved that the communication be
received and filed. Seconded by Coun-
'44
Regular Session, February 7,1977
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
January 24, 1977
Honorable Mayor
and City Council
Submitted herewith are the reports of
the Finance Director, Treasurer, Water
Department, Health Department and a
list of claims paid for the month of
December, 1976.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Expenditures and
Receipts; also list of claims for month of
December, 1976, presented and read.
Councilman Tully moved that the proof
of publication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Communication of City Manager ad-
vising that details have not been fully
accomplished in the matter of iand in
the Fourth Street area with Miller and
Takos, anticipate consideration at Fe-
bruary 21st meeting, presented and
read. Councilman Tully moved that the
communication be referred to the
Council Meeting of February 21, 1977.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregier, Tully, Wertzberger.
Nays - None.
Printed Council Proceedings for the
month of September, 1976, presented for
Council approval. Councilman Tully
moved that the Council Proceedings be
approved as printed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Proof of Publication, certified to by
the Publisher, of Public Notice offinding
of no significant effect on the Environ-
ment for project identified as the Hill
Street Community Development area
(deadline for comments was January 20,
1977), presented and read. Councilman
Tully moved that the proof of publica-
tion be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Proof of Publication, certified to by
the Publisher, of notice of Public Hear-
ing on possible uses of Revenue Sharing
Funds, which was held on January 31,
1977, for Fiscal Year 7-1-77 to 6-30-78,
presented and read. Councilman Tully
moved that the proof of publication be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Communication of Assistant City
Manager submitting results of the
hearing held on January 31, 1977, on the
possible use of Revenue Sharing Funds,
presented and read. Councilman Tully
moved that the communication be
received and filed and referred to
Council. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
January 24, 1977
Honorable Mayor
and City Council
On the 7th of July, 1975, Roger Nebel
and Carol Ann Nebel filed an action in
District Court against the City of
Dubuque, Iowa, Law No. 40532, claim-
ing damages in the amount of $6000.00
in two counts for backup of sewer al-
legedly occurring on the 21st day of
January, 1974
This matter was referred to tbe ap-
propriate City Agency and we have
been advised that this case has been
dismissed.
Accordingly, this matter is closed at
no expense to the City of Dubuque,
Iowa. Original Notice with petition at-
tached is herewith enclosed.
R.N. Russo
City Attorney
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
January 26, 1977
Honorable Mayor
and City Council
On September 23, 1976, claim was
Regular Session, February 7,1977
45
filed by Janaan E. Mills on behalf of her
daughter, Jennifer L. Mills, claiming
personal injuries suffered by Jennifer L.
Mills on June I, 1976 at Allison-Hender-
son Park while playing there in the
company of other children.
Thim matter was referred to the ap-
propriate City Agency who has made an
investigation thereof and has made
report to the City Attorney of no liabili-
ty or negligence on the part of the City
of Dubuque. Accordingly, it is the
recommendation of the City Attorney
that said claim be denied.
Original claim is returned herewith.
R.N. Russo
City Attorney
Councilman Tully moved that ¡he
communication he received and filed
and recommendation of denial ap-
proved. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Notice of Claim of Antoinette Hos-
tert, in the amount of $120., for car
damage incurred as the result of car
being struck by a City-owned truck at
Jones & Main on January 24, 1977, pre-
sented and read. Councilman Tully
moved that the Notice of Claim be
referred to the City Attorney for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Notice of Claim of Brian Guenther, in
an undetermined amount, for personal
injuries received in a fall on an icy
sidewalk at Walnut & University Ave.
on January 14, 1977, presented and read.
Councilman Tully moved that the No-
tice of Claim be referred to the City
Attorney for investigation and report.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Notice of Claim of Art Bast, in an
undetermined amount, for property
damage incurred as the result of a bro-
ken water main behind 3065 Jackson
Street on White St. on December 24,
1976, presented and read. Councilman
Tully moved that the Notice of Claim be
referred to the City Attorney for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully. Wertzberger.
Nays-None.
Notice of Claim of N. R. Hutchinson,
in an undetermined amount, for
property damage incurred at 1511 N.
Algona as the result of a broken water
main on January 18, 1977. presented and
read. Councilman Tully moved that the
Notice of Claim be referred to the City
Attorney for Investigation and report.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None,
Notice of Claim of Michael F. Kron-
feldt, in an undetermined amount, for
property damage incurred as the result
of use of crawler tractor over the lawn
at 597 Loras Ave. to repair a broken
water main on January 19, 1977, pre-
sented and read. Councilman Tully
moved that the Notice of Claim be
referred to the City Attorney for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Notice of Claim of Lonnie Steger, in
an undetermined amount, for property
damage incurred to a building at 1496
Central Ave. as the result of a car ac-
cident involving a Police Car on January
28, 1977, presented and read. Council-
man Tully moved that the Notice of
Claim be referred to the City Attorney
for investigation and report. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis , Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Notice of Claim of Lucille G. Henkel,
in an undetermined amount, for per-
sonal injuries received as the result of
being struck by a bus waiting bench at
W. 9th Street on January 26, 1977, pre-
sented and read. Councilman Tully
moved that the Notice of Claim be
referred to the City Attorney for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Planning & Zon-
ing Commission submitting an ordin-
ance to establish provision governing
uses in areas of historical or architec-
tural significance (forwarded from
meeting of December 6,1976), presented
and read. Councilman Tully moved that
the communication be received and
46
Regular Session, February 7,1977
filed. Seconded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of notice of public hearing
to amend Article IV to provide for is-
suance of conditional use permits for
limited commercial activities, 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. Councilman Tully
moved that the proof of publication be
received and filed. Seconded by Coun-
cilman Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
ORDINANCE NO. 1-77
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA" REPEALING
SECTION 4-109.4 OF ARTICLE IV,
THEREOF, AND ENACTING A NEW
SECTION 4-109.4 OF ARTICLE IV,
THEREOF, TO PROVIDE FOR THE IS-
SUANCE OF CONDITIONAL USE
PERMITS FOR CERTAIN LIMITED
COMMERCIAL ACTIVITIES, HEREIN-
AFTER DESCRIBED, IN AREAS OR
STRUCTURES OF HISTORICAL OR
ARCHITECTURAL SIGNIFICANCE
WITHIN THE OR-1 OFFICE RESIDEN-
TIAL DISTRICT,
said Ordinance having been previously
presented and read at the Council
Meeting of January 17, 1977, presented for
final adoption.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 1-77
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO.
32-75, KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP
OF THE CITY OF DUBUQUE,
IOWA" REPEALING SECTION
4-109.4 OF ARTICLE IV, THER-
EOF, AND ENACTING A NEW
SECTION 4-109.4 OF ARTICLE IV,
THEREOF, TO PROVIDE FOR THE
ISSUANCE OF CONDITIONAL
USE PERMITS FOR CERTAIN
LIMITED COMMERCIAL ACTIVI-
TIES, HEREINAFTER DE-
SCRIBED, IN AREAS OR STRUC-
TURES OF HISTORICAL OR AR-
CHITECTURAL SIGNIFICANCE
WITHIN THE OR-1 OFFICE RE-
SIDENTIAL DISTRICT.
Whe,eas, the City Council of the City
of Dubuque. Iowa, had adopted
amendments to the fonner Zoning Or-
dinance No. 3-34 to p,ovide fo, the es-
tablishment of limited commercial uses
within the professional office dist,ict,
those amendments being of ,ecord and
known as Ordinances No. 50-68; No.
28-70 and No. 42-73; and
Whereas, upon adoption of Ordin-
ance No. 32-75, known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", O,dinance No. 3-34
and all amendments, themto, became
null and void, with the intent, however,
that the provisions of those amend-
ments be ,e-estoblished within O,din-
ance No. 32-75 pending further ,eview
and ,efinement of a mom comprehen-
sive histo,icol p,ese,vation zoning
technique; and
Whereas, it has been detennined that
,e-estoblishment of pmvisions to pre-
serve histo,ic or amhitecturally sig-
nificant places, and to pmvide fo, con-
tinuance of the heretofom outhorized
uses in the Fourth Stmet Elevator area,
may be indefinitely delay'èd pending
completion of study of community-wide
oppo'tunities fo, pmserving the heri-
tage of Dubuque; and
Whereas, the Planning and Zoning
Commission of the City of Dubuque,
Iowa, has proposed an amendment to Or-
dinance No. 32-75 providing for the Is-
suonce of Conditionai Use Permits for
certain limited commercial uses in amas or
structums of historical or architecturol
significance within OR-I Office-Residen-
tialDistricts.
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL 01 the
City 01 Dubuque, Iowa.
Section " That Ordinance No. 32-75,
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
Iowa", be and the same is hereby
amended by repealing Section 4-109.4 of
Article IV thereot and enacting a new
Section 4-109.4 of Article N in lieu themot
as follows:
"ARTICLE IV DISTRICT
REGULATIONS
Section 4-109 OR-I Office-Residen-
tial District Regulations
4-109.4 Conditional Uses
The following conditional uses ore
permitted in the OR-I
Office-ResidentialDistrict, but only in
accordance with the provisions of Arti-
cle VI of this ordinance governing the
issuance of Conditional Use Permits:
1) GroupHomes
2) Private Clubs
3) Speciality Shops for gift items,
handcrafts ond clothing, antique
shops florol shops and art galleries
IV
DISTRICT
Regular Session, February 7, 1977
47
In structures or areos which have
been designated by the Dubuque City
Council as historically or architectural-
ly significant, after public hearing and
consultation with appropriate outhori-
ties and civic groups. Conditional
Use Permits for such uses may be
granted by the Board of Adjustment
only on finding that the proposed use,
the type of merchandise to be sold. the
number of persons or employees on the
premises and other operational ospects
of the proposai am compatible with the
intended historical or architecturol char-
acter of the oma, and that Business hours
shall be limited to the hours between 9
AM. and 9 P.M.
Section 2. That the foregoing Ordin-
ance has heretofom been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, adopted and approved this
7th day of February, 1977.
EmilStackis
Mayor
ThomasA. Tully Jr.
Richard Wertzberger
Wolter A Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 10th day of Fe-
bruory, 1977.
1t2/1O
Leo F. Frammelt
City Clerk
Councilman Pregler moved final
adoption of the Ordinance as amended.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Pregler, Tully, Wertzberger.
Nays - Councilman Brady.
Petition ofWes. Heitzman requesting
inclusion of 428-430 W. 4th Street and
391 W. Bluff Street within the designat-
ed historical district in the W. 4th Street
area, presented and read. Councilman
Wertzberger moved that the petition be
received and filed. Seconded by Coun"
cilman Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
A RESOLUTION designating Lot I of
City Lot 610 as historically and archi,
tecturally significant, pursuant to
requirement of Ordinance No. 1-77, pre-
sented and read. Councilman Wertz-
berger moved that the resolution be
referred to the Council Meeting of Fe-
bruary 21, 1977. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Brady further moved
that the resolution be referred to His-
torical Preservation Task Force Com-
mittee. Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Ass't City Man-
ager submitting revision of fees in
Plumbing Code No. 48-70; Revision of
fees amending Ordinance No. 9-62,
Heating, Ventilating, Air Condition
and Refrigeration; Revision of fees
amending Ordinance No. 30-72 Elec-
trician's Registration Ordinance; Adop-
tion of 1975 edition of the National
Electrical Code for revision of fees, pre-
sented and read. Councilman Tully
moved that the communication be
received and filed. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 2-77
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 48-70 KNOWN AS THE
PLUMBING ORDINANCE BY
REPEALING SECTIONS ", 13, 19, 22
and 14 THEREOF AND RE-ENACTING
THESE SECTIONS AS REVISED IN
LIEU THEREOF; TO PROVIDE FOR; AN
APPRENTICE REGISTRATION FEE TO
INCREASE PERMIT FEES, LICENSE
FEES, AND LICENSE EXAMINATION
FEES: REQUIRING A PERMIT AND
FEE FOR THE INSTALLATION,
CHANGING, REPLACING, OR REPAIR
OF ALL PRIVATE WATER MAINS AND
SERVICES: AND DOUBLING PERMIT
FEES FOR WORK COMMENCED
BEFORE FIRST OBTAINING A
REQUIRED PERMIT,
presented and read. Councilman Brady
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman Pre-
gler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Brady 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
Councilman Pregler. Carried by the foi-
lowing vote:
Yeas - Mayor Stackis, Councilmen
48
Regular Session, February 7,1977
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 2-77
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 48-70 KNOWN AS THE
PLUMBING ORDINANCE BY
REPEALING SECTIONS ", 13,
19, 22 and 14 THEREOF AND RE-
ENACTING THESE SECTIONS AS
REVISED IN LIEU THEREOF: TO
PROVIDE FOR; AN APPRENTICE
REGISTRATION FEE TO IN-
CREASE PERMIT FEES, LICENSE
FEES, AND LICENSE EXAMINA.
TION FEES: REQUIRING A PER-
MIT AND FEE FOR THE INSTAL-
LATION, CHANGING, REPLAC.
ING OR REPAIR OF ALL PRIVATE
WATER MAINS AND SERVICES:
AND DOUBLING PERMIT FEES
FOR WORK COMMENCED
BEFORE FIRST OBTAINING A
REQUIRED PERMIT,
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Part 1: Sections II, 13, 19, 22 and 14 of
Plumbing Ordinance 48-70 be and the
some are hereby repeoled and the follow-
ing enaded in lieu thereof;
Section 11. License: Any person de-
siring to be examined for a license as a
journeyman plumber or master
plumber, as determined in this ordin-
ance by the plumbIng board shall moke
application to the plumbing board on
blanks furnished by the board, setting
forth information necessary to establish
his qualifications as such, and each
application shall be occompanied by a
receipt from the City Treasurer for the
examination fee of twenty-five
dollars($25.00) for examination for a
master plumber, and twelve dollars and
fifty cents($12.50) for examaination for
a journeyman plumber, Persons failing an
examination, in part or in whole, who de-
sire to take the exam again must make
application for exam and pay the exam fee
as required in the first instance. Persons
passing the practical part of an examina-
tion shall not be required to take the prac-
tical part in subsequent examinations. The
fee for on examlnotion shall not include
the fee for issuing on initial license. Ap-
plicants who successfully pass an ex-
amination shall pay a fee of twenty-five
dollars ($25.00) for an initial master
plumbers license, or twelve doliars and fif-
ty cents ($12.50) for an initial journeyman
plumbers license.
Section 13 Renewals: Licenses maY
be renewed annually upon presentation
of the treasuer's receipt for the renewal
fee on or before January 31 of each year
following the year in which the license
was first issued. The date of such
renewal shall be endorsed on the
license. In the event the holder of ony
such license shall expire and a new one
shall not be issued except in compliance
with Section II hereof. The annual
renewal fee shall be twenty-five
dollars($25.00) for a master plumber
lIcense and twelve dollors and fifty
cents($12.50) for a journeyman plumber
license.
Section 19. Apprentice: No master
plumber shall hire or employ or have in
his employ, any apprentice to perform
ony plumbing work unless the appren-
tice is actually in the presence of and
with a licensed plumber. Every person
who desires to perform the work of on
apprentice plumber sholl register his
name os an apprentice with the
plumbing boord at the time of entering
on such employment, and on or before
the first day of February of each year
thereafter so long as such employment
shall continue. The apprentice shall be
charged two dollars ($2.00) for registra-
tion initially, and annually thereafter
upon registration. No master plumber
may hire or employ, or have in their
employ any apprentice piumber who is
not registered with the Plumbing Board.
Section 22. When Permits are Not
Required: Permits will not be required
for the removal of stoppage in soil or
waste pipes or for replacing broken
fixtures, or tonks. or faucets or repair-
ing leaks in waste pipes or water pipes or
tank~ but when repairs are made, only
fixtures shall be used to replace broken
fixtures as shall confonn to the provi-
sions herein prescribed. Traps not
previously vented when repaired shall
be finished with an approved ontisy-
phon trap. Nothing herein shall, how-
ever, be construted to permit the repair
or replacement, in whole or in part, any
private sanitary or storm sewer, or any
private water service. or any excavat-
ing in the street or other public places in
the City of Dubuque, without first hav-
ing obtained a permit and paying the
fee therefore.
Section 24. Permit Fees: There shall
be charged a permit fee for all piumbing
work, either new, reploced, recon-
structed, or repaired: except as provid-
ed in Section 22; as follows:
For All fixture drain openings $2.50
Each garage wash rack, settling ba-
sin, oil separator, blow off basin,
sewage ejector or similar equipment
shall be considered as a fixture. For
each bar, soda fountain, refrigerator,
air conditioning unit or similar equip-
Regular Session, February 7, 1977
49
ment requiring indirect connections to
the sewer, each opening shall be con-
sidered as 0 fixture, and the fee for each
such waste openIng shall be ... $2.50
For each building sanitory or stonn
sewer Installed, replaced or repaired.
From maIn sewer to property line
$2.50 From porperty line to building, etc.
. "" """""""""."" $2.50.
From private disposal system to
building,etc. """."""". $2.50.
For each domestic hot water storage
tank or range boiler including furnace
coils and electric heating apparatus
$2.50.
For each water softener, or similar
device connected to the water supply
$2.50
For each roof, area and indirect drain
opening to a cIty storm sewer.. $2.50
For each building water service, in-
stalled, replaced or repaired.
a. From water main to property line
$2.50
b. From property line to building, etc.
" "" "" ."""". $2.50
c. From private water supply to build-
ing,etc. ...... $2.50.
For each private community water
dIstribution system; per each 100 lineal
feet or fraction thereof of all mains
and/or tributary mains or services, ele
".""""". ""." $2.50
For each private community sonitary
and:or stonn sewer; per each 100 lineal
feet or fraction thereof of all maIns
and:or all contributory mains and:or
building sewers etc. ........... $2.50
For each private sewage or storm
water disposal system" " "" $10.00
For relnspection of any work found
defective or installed contrary to the
requirements governing the instollation
of plumbing ................. $10.00
Delinquent Permits: A "stop work
immediately" order will be issued to any
person who shall commence any work
for which a permit is required by this
Ordinance without first having obtained a
pennit th£refore, and shal( if subsequently
pennitied to obtain a pennit, pay double
the pennit fee fixed by this section for such
work, provided, hawever, that this provi-
sion shall not apply to emergency work
wh£n it Shall be proved to the sotisfaction
of the Administrative Authority that such
work was urgently necessary and that it
was not practical to obtain a pennlt ther-
efore before the commencement of the
work. In all such cases, a pennit must be
obtained as soon as it is practical to do so,
and if there be an unreasonable delay in
obtaining such pennit, a double fee as
herein provided shall be charged.
Part II: This Ordinance shall be in full
force and effect from and after its final
passage, adoption and publication as by
law provided, and in no event before
March I, 1977
Passed by recorded roll call vote,
adopted and approved this 7th day of
February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published offIcially in the Telegraph
Herald Newspaper this 11th day of Fe-
bruary, 1977.
Leo F. Frommelt
City Clerk
1t2/11
Councilman Brady moved final adop-
tion of the Ordinance as amended.
Seconded by Councilman Pregler. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuliy, Wertzberger.
Nays-None.
ORDINANCE NO. 3-77
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 9-62 KNOWN AS THE
HEATING, VENTILATING, AIR CONDI-
TIONING, AND REFRIGERATION
CODE BY REPEALING SECTION 1.8.4,
1.9.6,1,9.13,1.10.2 and 1.10.4 THER-
EOF RE-ENACTING THESE SEC-
TIONS AS REVISED IN LIEU THER-
EOF; PROVIDING FOR AN INCREASE
IN PERMIT FEES, CERTIFICATE OF
REGISTRATION FEES, CERTIFICATE
OF COMPETENCY FEES, CER-
TIFICATE OF COMPETENCY EX-
AMINATION FEES AND REQUIRING
DOUBLE PERMIT FEES WHEN
REQUIRED PERMITS ARE NOT OB-
TAINED PRIOR TO COMMENCING
SAID WORK,
presented and read. Councilman Pre-
gler moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman
Brody. Carried by the following vote:
Yeas - Mayor Stack is. Councilmen
Brady, Pregler. Tully, Wertzberger.
Nays - None.
Councilman Pregier 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
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Stack is, Councilmen
50
Regular Session, February 7, 1977
competency, shall be ten dollars ($10.00)
per person, for one or more classes of
competency when taken at one ex-
amination. The fee shall be paid before
examination, and at the time of ap-
ptication, and there shall be no refund
for any reason. Re-examination fees
shall be as above for a first examination.
The fee for an examination does not
include the fee for an original certificate
of competency. The fee for an original
certificate of competency shall be five
dollars ($5.00) and shall be in addition to
the examination fee.
Seclion 1.9,13 Expiration and
Renewal of CertIficates of Compe-
tency. Certificates of competency may
be renewed annually upon presentotion
of the receipt from the City of Dubuque
treasurer for the renewol fee on or
before January 15 of each ye'ar com-
mencing with January 15 of the year
following the yeor in which the cer-
tificate of competency was first issued.
The date of such renewal shall be en-
dorsed on the certificate. In the event
the holder of any such certificate of
competency sholl fail to renew the same
in the manner herein provided, the cer-
tificate shall expire and a new one shall
not be issued without making opplica-
tion for a new certificate, paying the fee
therefore and submitting to examina-
tion as required in the first instance. The
annual renewal fee for a certificate of
competency shall be two dollars ($2.00)
Section 1.10.2 Permit and Permit Fee
Schedule. In accordance with section
1.10 of this code, a permit shall be
required for eoch of the following:
PermH Fee"
When maximum rated
btuh Input Is:
400,000
to
2,499,999
$20.00
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 3-77
AN ORDINANCE AMENDING ORDIN-
ANCE NO, 9-62 KNOWN AS THE
HEATING, VENTILATING AIR CONDI-
TIONING, AND REFRIGERATION
CODE, BY REPEALING SECTION
1.9.4, 1.9.6 1.9.13, 1.10.2 AND 1.10.4
THEREOF RE-ENACTING THESE
SECTIONS AS REVISED IN LIEU
THEREOF; PROVIDING FOR AN IN-
CREASE IN PERMIT FEES, CER-
TIFICATE OF REGISTRATION FEES,
CERTIFICATE OF COMPETANCY
FEES, CERTIFICATE OF COMPE-
TENCY EXAMINATION FEES AND
REQUIRING DOUBLE PERMIT FEES
WHEN REQUIRED PERMITS ARE NOT
OBTAINED PRIOR TO COMMENCING
SAID WORK.
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL of the
City of Dubuque, Iowa:
Part 1: Section 1.8.4, 1.9.6, 1.9.13,
1.10.2 and 1.10.4 of the Heating, Ven-
tilating, Air-conditioning a"d Refrigera-
tion Ordinance No. 9-62 be one and the
same are hereby repealed and the fol-
lowing enacted in lieu thereof.
Section 1.8.4 Fees for Certificate 01
Registration. The application fee for the
initial certificate of registration sholl be
one hundred dollars ($100.00) and shall
be submitted with the application. No
fees shall be refunded whether the cer-
tificate is issued or denied. The annual
renewal fee for such certificate of regis-
tration shall be five dollars ($5.00).
Section 1.9.6 Examination Fee. The
examination fee for a certificate of
Boiler, steam or hot water hand
fired
Boiler, steam or hot water,
stoker, oil or gas fired
Furnace, warm air heating hand
fired
Furnace, warm air heating,
stroker, oil or gas fired
Furnace or oven class A
Furnace or oven class B
Furnace or oven class C
Furnace or oven class D
Resetting of Furnace or Boiler
Floor furnace, oil or gas'
Room Heater, fioor mounted
Room Heater, recessed, wall
mounted'
Room Heater, flush, wall
mounted'
Unit Heater' Fire & vented only
1
to
399,000
$10.00
10.00
20.00
10.00
20.00
10.00
10.00
10.00
10.00
10.00
5.00
5.00
5.00
20.00
20.00
20.00
20.00
20.00
10.00
10.00
10.00
5.00
5.00
5.00
2,500,000
and
over
$30.00
30.00
30.00
30.00
30.00
30.00
30.00
30.00
15.00
15.00
Regular Session, February 7,1977 51
I
Permll Fee
When maximum rated
btuh input Is:
1 400,000 2,500,000
to to and
399,000 2,499,999 over
Gas conversion or replacement
barrier $10.00 $20.00 $30.00
Oil conversion or replacement
burner 10.00 20.00 30.00
Stoker or other solid fuei burner,
conversion or replacement 10.00 20.00 30.00
Dual Fuel Burners conversion,
addition, or replacement 15.00 30.00 45.00
Water Heaters, coal, gas or oil
fired 5.00 20.00 30.00
Incinerators, residential, fired or
uMired 5.00 10.00 20.00
Incinerators, commercial, fired
or unfired 10.00 20.00 30.00
Incinerators, industrial, fired or
unfired 15.00 30.00 45.00
Cooking or baking appliance,
gas, oil or coal, Commercial 5.00 10.00 15.00
Cooking or baking appliance,
gas, oil or coal, Industrial 5.00 10.00 15.00
Ventilating or Exhaust Hood; re-
sidentiol $1.00; commerciol $5.00; in-
dustrial $10.00. Blower or Fan; (forqust,
stock or vapor system) $5.00. Refrigera-
tion Unit or System (except portable
appliances; factory .assembled air
cooled selfcontained window type air-
conditioning units unless attached to
ducts, and factory assembled air -cooled
self-contoined refrigerating unit). Clas-
sification: for the purpose of classifica-
tion and establishing permit fees, re-
frigerating systems or units shall be
divided into the following sub-classes:
I. Up to and including three
(3) H.P. and not to exceed 34
Amp no Volts Single Phase
17 Amp 220 Volts Single
Phase
10 Amp 220 Volts Three Phase
per unit or system
2. Over three (3) H.P., up to
and including fifteen (15)
H.P., not to exceed 85 Amp
220 Volts Single Phase
49 Amp 220 Volts Single
Phase
49 Amp 220 Volts Three Phase
per unit or system
3. Over fifteen (15) H.P., up to
and including Fifty (50) H.P.,
and not to exceed 163 Amp
220 Volts Three Phase
per unit or system
4. Over fifty (50) H.P. per unit
orsystem $30.00
Section 1.10.4 Delinquent Permits: A
"stop work immediately" order will be
$10.00
issued to any person who shall com-
mence any work for which a permit is
required by this Ordinance without first
having obtained a permit therefore, and
shall, if subsequently permitted to ob-
toin a permit, pay double the permit
fee fixed by this section such work,
provided, however, that this provision
shall not apply to emergency work
when it shall be proved to the satisfac-
tion of the Administrative Authority
that such work was urgently necessary
and that it wos not practical to obtain a
permit therefore before the commen-
cement of the work. In all such cases, 0
permit must be obtoined as soon as it is
practical to do so, and if there be an
unreasonable delay in obtaining such
permit, a double fee as herein provided
shall be charged.
Part II: This Ordinance shall be in full
force and effect from ond after its pas-
sage, adoption and publicotion as by
law required, ond in no event before
March I. 1977.
Passed by recorded roll call vote,
adopted and approved this 7th day of
February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Wolter A. Pregler
Councilmen
$15.00
$20.00
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
----
52
Regular Session, February 7, 1977
Herald Newspaper this llih day of Fe-
bruary, 1977.
Leo F. Frommelt
City c.erk
li2: 11
Councilman Pregler moved final
adoption of the Ordinance as amended.
Seconded by Councilman Brady. Car,
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 4-77
AN ORDINANCE REVISING ORDIN-
ANCE NO. 30-72 KNOWN AS THE
ELECTRICIANS' REGISTRATION OR-
DINANCE BY REPEALING ORDIN-
ANCE NO. 30-72 IN ITS ENTIRETY
AND RE.ENACTING THE FOLLOWING
IN LIEU THEREOF; TO PROVIDE FOR
THE EXAMINATION AND REGISTRA-
TION OF ELECTRICAL CONTRAC.
TORS, JOURNEYMAN ELEC-
TRICIANS, AND MAINTENANCE
ELECTRICIANS, AND THE. COLLEC-
TION OF FEES, AND TO ESTABLISH
AN ELECTRICAL EXAMINING BOARD
AND TO PROVIDE PENAL TIES FOR
VIOLATIONS HEREOF,
presented and read. Mayor Stackis
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas - Mayor Stockis, Councilmen
Brady, Pregler, Tully. Wertzberger.
Nays - None.
Mayor Stackis 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-
man Tully. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
ORDINANCE NO. 4.77
AN ORDINANCE REVISING ORDIN-
ANCE NO. 30-72 KNOWN AS THE
ELECTRICIANS' REGISTRATION OR-
DINANCE BY REPEALING ORDIN-
ANCE NO. 30-72 IN ITS ENTIRETY
AND REENACTING THE FOLLOWING
IN LIEU THEREOF; TO PROVIDE FOR
THE EXAMINATION AND REGISTRA-
TION OF ELECTRICAL CONTRAC.
TORS, JOURNEYMAN ELEC-
TRICIANS, AND MAINTENANCE
ELECTRICIANS, AND THE COLLEC-
TION OF FEES, AND TO ESTABLISH
AN ELECTRICAL EXAMINING BOARD
AND TO PROVIDE PENALTIES FOR
VIOLATIONS HEREOF.
BE IT ENACTED BY THE CITY
COUNCIL of the City of Dubuque, Iowa:
Sec. ,. Short Tille. This Ordinance
shall be known as the City of Dubuque.
Iowa Electricions Registration Ordin-
ance and may be so cited.
Sec. 2 Purpose and Scope. The pur-
pose of this ordinance is to provide for
the examination and registration of
electrical controctors, journeyman
electricians, and maintenonce elec-
tricians in order to protect publicsofety,
health and welfare.
The provisions of this ordinance shall
not apply to any regular employee of a
public utility who does electrical work
for such public utility oryly, nor sholl
they apply to the .electrical work of a
telephone or telegraph company, nor
the persons, firms or corporations per-
forming electrical work for such a com-
pany. where such electrical work is on
integral part of the plant used by such
telephone or telegraph company in ren-
dering its duly authorized service to the
public, nor to ony regular employee of
any railroad who does electrical work
only as a part of that employment.
The provisions of this ordinance shall
not apply to the replacement of integral
parts of equipment or appliance by
firms or persons in possession of a valid
certificate of competency, issued
previously to the firm or person, by the
Building Department of the City of
Dubuque, Iowa, under other pertinent
City Ordinonces.
Sec. 3. Definitions. For use within
this ordinance the following are defined:
1. Electricol Contractor. The term
"electrical contractor" means ony per-
son, firm, corporation, associotion, or
combination thereof, who undertokes or
offers to undertake to plan for, super-
vise, layout, and do electrical work for 0
fixed sum, price, fee percentage, or
other compensation.
2. Journeyman Electrician. The term
"Journeyman electrician" means a per-
son having the necessary qualificotion,
training, experience ond technical
knowledge to do electrical work in ac-
cordance with the standard rules and
regulotions governing such work.
3. Maintenance Electrician. The term
"maintenance electricion" means 0
person who has the necessary training,
experience and technical knowledge to
undertake the work of installing, ser-
vicing, maintoining, altering, and
repairing electrical devices, appliances
and equipment within the stipulated
confines of property owned or con-
trolled by the firm, business or compony
by whom he is employed. An electrical
maintenance certificote of competency
may be issued to on individual and will
entitle the holder thereof to undertake
Regular Session, February 7, 1977
53
the work of installing, servicing, main-
taining, oltering and repairing electrical
devices, applionces and equipment only
within the confines of the property
owned by such individual for use or
application to such property.
4. Electrical Work. The term "elec-
trical work" means all installations,
olterations, repairs, removals, renewals,
replacements, connections, disconnec-
tions and mointenance of all electrical
equipment.
5. Electrical Equipment. The term
"electrical equipment" means all elec-
trical materials, wiring conductors, fit-
tings, devices, appliances, fixtures, signs
and apparatus or parts thereof.
6. Registered. The term "registered"
meons registered under this ordinance,
except if otherwise specified.
7. Shall. If the work "shall" is used,
the meaning is thot the act to be per-
formed is mandatory.
Sec. 4, Classes 01 Registration.
Three classes of registration are hereby
estoblished and certificates thereof
shall be issued only upon the direction of
the Boord of Electrical Examiners
which sholl be designated respectively
os:
Class I. Electrical Contractors Cer-
tificate of Registration.
Class II. Electrical Maintenance Cer-
tificate of Competency.
Class III. Journeymon Electricians
Certificate of Competency.
Class I. Electrical Contractors Regis-
tration shall entitle the holder thereof to
engage in the business of electrical con-
trocting, and to secure permits for the
instollotion, alteration or repair of any
electric wiring, device, appliances or
equipment.
Class II. Electrical Maintenance Cer-
tificate of Competency shall entitle the
holder thereof to undertake the work of
instolling, serving, mointoining, altering
and repairing electricol devices, ap-
pliances, and equipment within the
stipulated confines of property owned
or controlled by the firm, business or
company employing such registration
holder or within the confines ofproperty
owned by an individual.
Class III. Journeyman Electricians
Certificate of Competency shall entitle
the holder thereof to undertake the
work of installing, maintaining, altering
and repairing electrical devices, ap-
pliances and equipment in the employ of
an electrical controctor, or the holder of
an electrical maintenance certificate.
Sec. 5. Fees for Registration. Before
a Certificate of Registration is granted
to any applicant and before an expiring
registration is renewed, the applicont
shall pay to the City of Dubuque 0 fee in
such an omount as is herein specified
for the Class of Registration to be
granted for renewed os follows:
Class I. Electrical Contractors Cer-
tificate of Registration, $25.00. Annual
renewal fee, $25.00.
Class II. Electricol Mointenance Cer-
tificate of Competency. $15.00. Annual
renewal fee. $15.00.
Class III. Journeyman Electricians
Certificate of Competency, $12,,50. An-
nual renewal fee, $12.50.
Eoch registration shall expire on
December 31, following the date of its
issue and sholl be renewed by the
"Electricions Examing Board" upon ap-
plication of the holder of the registration
and payment of the required fees any
time before or on January 1 of each
year. Renewal or registration shall not
be granted to a holder of a registrotion
while indebted to the City under the
terms of this Ordinance.
If there is a lapse of over sixty (60)
days from the expiration of a registra-
tion renewal, the renewal procedure
shall be the same as an original
applicotion.
Sec. 6. Display of Certificates. Every
holder of a registration, except jour-
neymon electricians, shall hove his,
their or its certificote of registration
displayed in a conspicuous place in his,
their or its principal place of business.
Sec. 7. Revocation of Registration.
No registration and certificate issued in
accordance with the provisions of this
Section shall be assignable or transfer-
able. Any such registration may, after
hearing be suspended or revoked by the
Electrical Examing Board, if the person,
firm or corporation holding such regis-
tration willfully, or by reason incompe-
tence repeatedly violates any statute of
the State of Iowa, or ony Ordinance or
Rule or Regulation of the City of
Dubuque relating to the installation,
maintenance, alteration or repair of
electric wiring devices, appliances and
equipment.
Sec. 8. Homeowners. The owner or
owners of a single family dwelling (or
mobile home) including the usual ac-
cessory building and quarters used ex-
clusively for living purposes may do
such electricol work without registra-
tion as he demonstrates his capability to
do, to the Electrical inspector: providing
that the dwelling (or mobile home) will
be occupied by the owner or owners and
that a permit is issued os provided in the
City of Dubuque Electrical Code.
Sec. 9. Electricians Examing Board.
There is hereby created a Board of
Electrical Examiners. The Board sholl
54
Regular Session, February 7, 1977
consist offive(5) members. All members
of the Board shall be residents of the
City of Dubuque. One member shall be a
representative of the public; one
member shall be a registered jour-
neyman electrician; one member shall
be a registered electrical contractor; one
member shall be a maintenance elc-
trician; one member shall be an elec-
trical engineer.
The City Council shall appoint the five
(5) members. The Electrical inspector
shall serve as secretary to the Board and
keep minutes and records of 011
proceedings and shall record tke names
and addresses of 011 persons examined
by the Boord, the result of the examin-
ation, and the kind of registration issued
to each, if any, and the date thereof.
The term of each member shall be
four (4) years, provided, however, that
the original appointments to the Board
shall be made as follows: Two members
for three years, three members for four
years.
Three members of the Board shall
constitute 0 quorum for the transaction
of business.
The Board of Exominers shall elect
annually one of its members as chair-
man, who shall preside at 011 meetings of
the Boord.
Sec. 10. Application and Fee. All
applications for examination shall be
accompanied with the appropriate fee;
$25.00 for Electrical Contractors Regis-
trotion, $15.00 for Electrical Mainten-
ance Certificate of Competency ond
$12.50 for Journeyman Electricians
Certificate of Competency. All such fees
shall remain the property of the City of
Dubuque whether or not the applicant
passes the examination.
Sec. 11. Scope of Examination. Ap,
plicants will be examined by the Board
of Electrical Examiners to determine
their knowledge of the Rules and
Regulotions governing the installation
of electric wiring, devices, applionces
and equipment as set forth in the Sto-
tutes of the State of Iowa, the Ordin-
ances of the City of Dubuque and in the
National Electric Code to determine the
general qualifications and fitness of
each applicont for executing the class of
work covered by the registration applied
for.
Sec. 12. Failure to Pass Examination.
Should an applicant fail to pass an
examination by not obtaining a rating
thereon of 70% or higher, said applicant
may be re-examined upon submitting
application in writing accompanied by
the examination fee after a period of
sixty (60) days has elapsed from the date
of the appliconts last previous
examination.
Sec. 13, Issuance 01 Certificate. Ex-
aminotion shall be in writing and 0
complete record of each shall be kept
on file for a period of one year after date
of such examinotion at the office of the
Secretary of the Board o{,-Electrical
Examiners. The Board of Electrical Ex-
arrdners shall grant registration and
shall issue certificate therefor to those
opplicants certified by the Boord of
Electrical Examiners, provided that in
every case the registration shall not be
granted until the prescribed fee has
been paid.
See, 14 Unregistered Helpers Ex-
cepted. Nothing in this section shall be
interpreted to prohibit the employment
of any unregistered helpers Dr appren-
tices to assist registered contractors,
registered journeyman or maintanance
electricians.
Sec. 15. Accounting for Feea. Ex-
amination and registration fee shall be
deposited with the City Treasurer upon
receipt of same.
Sec. 16. Examination Waived. Any
electrical contractor of Journeyman
electrician, or maintenance electrician,
coming to Dubuque from another city or
town having similar registration stan-
dards and who sholl produce credentials
showing proper accreditation as an
electrical contractor or journeyman
electrician or maintenance electrician
sholl, upon approval of such credentials
by the Board, be excused from the ex-
amination hereinbefore required, and a
registration shall be issued to him upon
payment of the required fee. The Ex-
arrdng Board, upon proper applicotion,
sholl also be empowered to grant a
temporary registration to any electrical
contractor or joyrneymon electrician or
mointenance electrician who comes in-
to Dubuque from an area not having
such similar registrotion standards
upon showing satisfactory to said Board
of necessary skills and qualificotions to
undertake the installation or mainten-
ance of special appliances or utilization
equipment. Said temporary registration
shall be revokable by action of the
Board of Examiners at its option and
shall in any event not be effective for a
period longer than (30) days.
Sec. 17. Appeal. In the event any
person shall feel aggrieved by any ac-
tion of the Examining Board, he may
oppeal from such action to the City
Council by filing written notice of his
appeal within ten (10) days from the
dote of the action taken by the Board.
The Council shall give (5) days written
Regttlar Session, February 7, 1977
notice by certified moil of the date, time,
and place of hearing to the appealing
porty and the Examining Board. All
interested persons shall be given the
opportunity to be heard at such heoring.
and the City Council may affirm, modify
or overrule the action of the Board. T~
Electrical inspector shall have no vote in\
the decision of the Examining Board. '
Sec.1B. Transler of Registration. It is I
prohibited for a person, firm Dr corpora-
tion holding 0 registration to transfer it
or allow the use of it, directly or indir-
ectly, by any other person, firm Dr
corporation.
Sec. 19. Prohibition. No person, firm
Dr corporation shall perform any elec-
trical work as an electrical controctor,
journeyman electrician, maintenance
electrician in the City of Dubuque, Iowa
unless registered as heretofore provided.
Sec. 20. Penalty. Anyone who
violates any of the provisions of this
Ordinance shall, upon conviction, be
subject to a fine not exceeding $100.00
or to imprisonment not exceeding thirty
(30) days.
Sec. 21. Repeal. Ordinonce No. 30-72
and all parts of Ordinances in conflict
with the provisions of this Ordinance
are hereby repealed.
Sec. 22. Savings Clause. If any sec-
tion, provision Dr part of this Ordinance
shall be adjudged to be invalid or un-
constitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole, Dr any section, provision or
part thereof not adjudged invalid or
unconstitutional.
Sec. 23. When Effective. This Ordin-
ance shall be in effect after its final
possage, approval and publication as
required by law, and in no event before
MaI'ch I, 1977.
Possed by recorded roll call vote.
adopted and approved this 7th day of
February, 1977.
Emil Stackis
Mayor
Thomos A. Tully Jr.
Richard Wertzberger
James E. Brady
Wolter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 14th day of
Feburary, 1977.
Leo F. Frommelt
City Clerk
1t2/14
Mayor Stackis moved final adoption
of the Ordinance as Amended. Seconded
by Councilman Tully. Carried by the
following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 5-77
AN ORDINANCE REVISING ORDIN-
ANCE NO. 31-72 KNOWN AS THE
ELECTRICAL ORDINANCE BY
'REPEALING ORDINANCE NO. 31-72
IIÎh!TS ENTIRETY AND RE-ENACTING
THE FOLLOWING IN LIEU THEREOF;
TO PROVIDE FOR THE ADOPTION OF
AN ELECTRICAL CODE BY REFER-
ENCE: REGULATING THE PRACTICE,
MATERIALS, AND FIXTURES USED IN
THE INSTALLATION, MAINTEN-
ANCE, EXTENSION AND AL TERA-
TION OF ALL WIRING, FIXTURES, AP-
PLIANCES, AND APPURTENANCES
IN CONNECTION WITH VARIOUS
ELECTRICALS SYSTEMS; TO
PROVIDE FOR THE ENFORCEMENT
OF THE CODE BY CREATING THE
OFFICE OF ELECTRICAL INSPEC-
TOR, THE APPOINTMENT OF AN
ELECTRICAL INSPECTOR, THE ISSU-
ING OF ELECTRICAL PERMITS, THE
COLLECTION OF PERMIT FEES, TO
ESTABLISH AN ELECTRICAL AP-
PEALS BOARD AND TO PROVIDE
PENALTIES FOR VIOLATIONS
HEREOF,
presented and read. Councilman Brady
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman Pre-
gler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Brady 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
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 5-77
AN ORDINANCE REVISING ORDIN-
ANCE NO. 31-72 KNOWN AS THE
ELECTRICAL ORDINANCE BY
REPEALING ORDINANCE NO. 31-72
IN ITS ENTIRETY AND RE-ENACTING
THE FOLLOWING IN LIEU THEREOF;
TO PROVIDE FOR THE ADOPTION OF
AN ELECTRICAL CODE BY REFER-
ENCE; REGULATING THE PRACTICE,
MATERIALS, AND FIXTURES USED IN
THE INSTALLATION, MAINTENANCE,
\ EXTENSION, AND ALTERATION OF
ALL WIRING, FIXTURES, AP-
55
56
Regular Session, February 7, 1977
PLIANCES, AND APPURTENANCES
IN CONNECTION WITH VARIOUS
ELECTRICAL SYSTEMS; TO PROVIDE
FOR THE ENFORCEMENT OF THE
CODE BY CREATING THE OFFICE OF
ELECTRICAL INSPECTOR, THE AP-
POINTMENT OF AN ELECTRICAL IN-
SPECTOR, THE ISSUING OF ELEC-
TRICAL PERMITS, THE COLLECTION
OF PERMIT FEES, TO ESTABLISH AN
ELECTRICAL APPEALS BOARD AND
TO PROVIDE PENALTIES FOR VIOLA-
TIONS HEREOF.
BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section ,. Short Tille. This ordinance
shall be known as the City of Dubuque.
Iowa Electrical Ordinance ond may be
so cited.
Seclion 2. Purpose & Scope. It is the
purpose of this ordinonce to adopt 0
complete electrical code, including
provisions for the inspection and
regulation of electrical installation is-
suance of permits and collection of fees,
and to provide penolties for violations of
this ordinance in order to protect public
safety, heolth and welfare.
The provisions of this ordinonce shall
apply to and govern the supply of elec-
tricity and all uses, installations, altera-
tion, repairs, removols, renewals, re-
placements, disturbances, connections,
disconnections and maintenonce of all
electrical materials, wiring, conductors,
fittings, devices, applionces, fixtures,
signs and apparatus or parts thereof,
hereinafter referred to os electrical
equipment that are intended to be, or
are, within, on, under, over or near any
building, structure, equipment, or per-
rr"ses with the following exceptions:
(a) The installation, alteration or
repoir of electrical generation, trans-
mission, or distribution equipment,
but not utilization equipment owned
and operated by an electrical utility.
(b) The instollation, alteration or
repair of electrical signal or commun-
ication equipment if such equipment is
owned or operated byo utility company.
(c) Any work on, or in boats, railwoy
cars, trackless trolleys, buses, aircraft
and motor vehicles.
(d) Any work in connection with
electrical equipment used for radio and
television transmission but not includ-
ing supply wire to such equipment.
(e) Any work involved in the man-
ufacturing or testing of electrical equip-
ment or apparatus, but not including
ony permanent wiring or equipment.
(f) Any work associated with,
1. The repair of plug connected elec-
tricol appliances or devices.
2. Permanently connected electrical
appliances or devices that have been
electrically ond mechanically discon-
nected and separated from all sources of
electrical supply (by on electricallicen-
see). The opening of switches or the
blowing or removal of fuses shall not be
considered an electrical or mechanical
disconnection or separation.
(g) The installation or replacement of
approved fuses.
(h) The instollation or replacement of
pin type lamps, screw base lamps, or
plug connected portable appliances.
Repairing or replacing push or snop
switches, lamp sockets, receptacles ond
taping bare wires.
Section 3. Adoption of Electrical
Code. The National Electrical Code of
1975, as promulgated by the American
National Standords Institute, is hereby
adopted in full except for such portions
as hereinafter may be deleted, modified
or amended. From the effective dote of
this ordinance, all electrical work as set
out in Section 2 of this ordinance shall
be performed in accordance with its
provisions as modified herein. A copy of
the National Electrical Code, as adopted
and a certified copy of this ordinance
are on file in the office of the City Clerk
for public inspection.
Seclion 4. Electrical Inspector. There
is hereby created the office of Electrical
inspeclor. The person appointed as
Electrical inspector shall: be of good
moral choracter; be possessed of such
executive ability <lS is requisite for the
performance of his duties; have a
through knowledge of the standard ma-
teriols and methods used in electrical
work; be well versed in approved meth-
ods of construction for safety to persons
and property, the statutes of the State
of Iowa relating to electrical work and
any orders, rules and regulations issued
by authority thereof, and the National
Electrical Code, as approved by the
American Notionol Standards Institute;
ahave had at least five years experience
as an electrical inspector or in electrical
work, or in lieu of such experience, shall
be a graduote in electrical or mechan-
ical engineering of an approved college
or university and shall have two years
practical electrical experience.
The Electrièallnspector, or Assistant
Electricol INSPECTOR, SHALL BE AP-
POINTED BY THE City Manager.
The Electrical Inspector, during his
tenure in office may hold membership in
the International Associotion of Elec-
trical Inspectors, and may hold mem-
bership in the National Fire Protection
Association, ond with the consent of the
Manager. moy serve on any (electricol)
Regular Session, February 7,1977
committee of these associations to
which he may be appointed. Member-
ship dues, assessments and necessary
expenses in connection with such ac-
tivities moy be paid by the City.
The Electricol Inspector or any of his
assistonts shall not engage in the busi-
ness of the sale, installation or main-
tenance of electrical equipment, either
directly or indirectly. and they shall
have no financial interest in any con-
cern engaged in such business in the
City of Dubuque, Iowa, at any time
while holding office.
This shall not be construed to in any
way prevent the Electrical Inspector or
his assistants from performing such
services for the City of Dubuque, Iowa,
as may be required by the Manager or
City Council.
Section 5. Electrical Appeal Board.
There is hereby created an Electrical
Appeal Board consisting of five (5)
members. The members shall be ap-
pointed by the City Council. All
members sholl be residents of the City of
Dubuque:
One member sholl be a representative
of the public.
One member shall be a registered
journeyman electrician.
One member shall be a registered
electrical contractor.
One member shall be a maintenance
electrician.
One member shall represent business.
The term of each member shall be
four years provided, however, that the
original oppointments to the Board sholl
be made as follows:
Two members shall be appointed to
serve fora period of three years.
Three members sholl be appointed to
serve for a period for four years.
Necessary and actual expenses shall
be allowed to members of the Board, but
no other compensation shall be paid to
them.
Section 6. Administration & Enfor-
cement. It shall be the duty of the Elec-
trical inspector to odminister and en-
force the provisions of this ordinance.
He shall keep complete records of all
permits issued, inspections and rein,
spections made and other official work
performed in accordance with the
provisions of this ordinance.
Section 7. Application For A Permit.
Applicotion for a permit sholl be made
to the Electrical Inspector, on forms
provided prior to beginning the par-
ticular work for which they are issued
with the exception of emergency work.
The opplication shall include the name I
and business address of the person, firm,
corporation or other ossociotion that is
\
to do the work, 0 description of the
property where the work is to be done,
the name of the owner of such property,
the name of the occupant of such
property and a general description of
the materials to be used, and sholl
specify the particular part or parts of
the work which require inspection in
conformity with the provisions of this
ordinance.
Section 8. Permit lor Electrical Work.
No electrical work as set out in Section 2
of this ordinance sholl be completed
without a permit Issued by the Electricol
Inspector. A permit sholl be Issued if the
electrical work, as proposed in the ap-
plication for 0 permit, meets all the
requirements of this ordinonce. If plans
and specifications are requested by the
Electrical Inspector, they must be in
accord with the requirements of this
ordinance.
(a) Where on electrical installation
has been started prior to the submission
of an application for an electrical permit
for such work, the normal permit fee as
required by the Code shall be increased
by the amountoffifteen dollars ($15.00).
(b) Where a registered electrical con-
troctor is found doing electrical work
without an application for electrical
permit on three separate occosions in
one calendar year, a heoring shall be
held by the Chief Electrical Inspector at
which time the permit privileges of said
electrical contractor may be suspended
for a period of time not to exceed one
year. The members of the Electrical
Exomining Board as established by Or-
dinance No. 4-77 shall be present at such
hearings and sholl act as advisors to the
Chief Electrical Inspector in determin-
ing what course of action should be
taken.
Section 9. Permit - To Whom Is-
sued. A permit shall be issued only to an
electrical contractor registered, or is-
sued a temporary registration under
Electrical Ordinance No. 4-77, Section
16, by the City of Dubuque, or to the
holder of mointenance certificate of
competency issued to the owner of
property on which the work is to be
done. However, any permit required by
this ordinance may be issued to the
owner of a single-family dwelling, or a
mobile home, used exclusively for living
purposes, to do any work regulated by
this ordinance in such a dwelling or
mobile home, including usual accessory
buildings, and quarters, provided that
the dwelling or mobile home will be
occupied by the owner, that the owner
oppears before the Electrical Inspector
and shows himself competent to do the
specific work for which he desires a
57
58
Regular Session, February 7, 1977
permit, and that the owner personally
shall perform ail iabor in connection
with the work. All work done in accor-
dance with this exception must meet all
the requirements of this ordinance and
shall be inspected as other work.
Sectlon1 0, Schedule 01 Permit Fees.
The following fees shall be appiied and
collected prior to a final inspection:
(a) Outlets for fixtures, lomps,
switches, receptacles, underfloor
raceway, dimmer and similar devices,
each first 10, $0.25 each; next 15,
$0.20 each; over 25, $0.10 each
(b) Electric ranges, oven or cooking
top, and water heaters, heating cable or
other heating device, or outlets ther-
efore, each $2.00.
(c) Fixtures, medium bose socket,
iamp holder, tubular lamps such as
fiuorescent, cold cathode, lumiiine and
mercury vapor, per fixture first 10, $0.20
each; over 10 $0.10 eoch.
(d) Plug-in strip, trol-e-duct, and
similar systems per foot or fraction
hereot $0.10
(e) Neon signs, first transformer or
sign over two sockets, $3.00; each addi-
tional transformer or ballast, $2.00.
(I) Motors ond apparatus including
control, 0 to 2.5 HP., $2.00; 3 to 10 H.P.,
$3.00 II to 20 H.P., $4.00; 21 to 30 H.P.,
$5.00; over 30 H.P., $5.00 plus $0.10 per
H.P. additional.
(g) Generators, tronsformers, reac-
tors, rectifiers, capacitors, heoters, con-
verters and similar devices per kilowatt
or kilo-volt ampere or fraction thereof 0
to I KW. $1.50; over I KW, $3.00.
(h) Sub-panel, each $2.00.
(i) Moving pictures and X,ray ma-
chines, high frequency therapeutic ap-
paratus and similar equipment, each 0
to 1 KW, $5.00; I.IKW or over $15.00.
(j) Permit fees for total capacities of
service switches: 0 to 100 amperes,
$3.00; 101 to 400 amperes, $5.00; 401 to
600 amperes; $7.50; over 600 amperes,
$10.00.
(k) Each reinspection made necessary
by faulty construction $5.00.
(I) Annual Permit @ $8.00: month,
$96.00.
(m) Minimum fee for any permit,
$5.00.
(n) For failure to repori to theiríspec-
tion department an electrical installo-
tion for inspection, for rough-i"ór com-
pletion, a fee of $7.50 moy be assessed
against the permit holder.
(p) For failure to be able to make
inspection because of incorrect address,
$5.00.
These fees shall be deposited with the
City Treasurer not later than the last
working day of the month in which they
were received. A monthly written report
of the amounts and sources of the fees
shail be made to the City Manager.
Section 11. Annual Permits:
(a) An annual permit in lieu of in-
dividual permits shall be issued after
application to any person, firm, corpor-
ation or other association regularly em-
ploying one or more registered main-
tenance electricians, for the repair ond
mointenance of electrical equipment in
or on buildings or premises owned or
occupied by the appiicant for such per-
mit. An appiication for an annual permit
shall be in writing and shall contain a
description of the premises on which the
work is to be done under such annual
permits. The permittee sholl keep a
record of all electrical repairs and
maintenonce work done under the per-
mit. This record shall be accessible to
the Electrical Inspector at all reasonoble
times. All work done under such permit
and all electrical wiring and installation
in conformance with the provisions of
this ordinance.
(b) In industrial plants where exper-
ienced electricians are regulorly em-
ployed ond who have charge of the
electrical work in such plants, a month-
ly inspection shall be made by the
Electrical Inspector of the installation
of electric wiring, fixtures, appiiances,
work and moterials used in connection
with the operation of work in said plant.
A record shall be kept at such plants
covering the preceding month. This
record shall be filed with the Electrical
Inspector each month prior to the time
he makes his regular inspection. Any
falsity contained in the reports required
to be filed with the Electrical Inspector
shall subject the person, firm or corpor-
ation responsible therefor to the penal-
ties provided in this ordinance.
Any industrialplant to whom the
provision hereof applies shall pay to the
City of Dubuque $8.00 per month, or
$96.00 per year.
Section 12. Plans & SpecifIcations.
Plans and specifications showing the
proposed work in the necessary detail
shall be submitted if requested by the
"Eléófricallnspector. if any applicotion
fora permit is denied, the applicant may
submit revised plans and specifications
without payment of any additional fee.
If, in the course of the work, it is found
necessary to make any change from the
plans and specifications on which a
permit was issued, omended plans and
specifications shall be submitted.
Section 13, Emergency Work. in
emergency situations work can be ini-
tiated and completed by a registered
electrical contractor without first sub-
Regular Session, February 7,1977
mitting an appiication for 0 permit.
However, a permit must be obtained
within a reasonable time after the pas-
sage of the critical period. Reosonable
time shall be interpreted to mean 24
hours exclusive of Saturdoy, Sundoy or
holiday. Any work completed under this
emergency clause or otherwise, shall be
done under the provisions of this
ordinance.
Section 14. Inspections. Upon the
completion of electrical work that has
been done under a permit other than an
annual permit, the person, firm, corpor-
ation, or other association doing the
work shall notify the Electricallnspec-
tor. The Electrical Inspector shall in-
spect the work within twenty-four (24)
hours, exclusive of Soturdoy, Sunday or
hoiidays, after the receipt of notice, or
as soon thereafter as practicable.
If the Electrical Inspector finds the
work to be in conformity with the
provisions of this ordinance, he may
issue to the person, firm, corporation, or
other association that has done the
work a certificote of approval. This
certificate shall authorize the use of the
work and connection to the supply of
electricity. The Electrical Inspector
shall send written notice of such auth-
orization to the agency supplying the
electricity.
A certificate of approval may be is-
sued authorizing the connection ond use
of a temporary installation. Such cer-
tificote shall be issued to expire at a
time to be stated therein and may be
revoked by the Electrical Inspector for
any violation of this ordinance.
hi:L:~Yf:~:t~~",}, e;;;p~~:~:t~:~e~~ I
placement of parts of a building, struc-
ture or graunds, the person, firm cor-
poration or other ossociation installing
the equipment sholl notify the Electrical
Inspector. Such equipment shall not be
concealed until it has been inspected
ond approved by the Electricallnspec-
tor or until twenty-four (24) hours, ex-
clusive of Saturdays, Sundays and
holidays, shall have elapsed after
receipt of such notificotion by the Elec-
trieullnspector: provided, that on large
installations, where the concealment of
equipment proceeds continuously, the
person, firm, corporation or other as-
sociation installing the equipment shall
give the Electrical Inspector due notice
and inspection shall be mode per-
iodically during the progress of the
work.
Section 15. Right 01 Entry. The Elec-
trical Inspector shall have the right,
during reasonable hours, to enter any
building or premises in the discharge of
his official duties for the purpose of
making any inspection, re-inspection, or
test of the electrical equipment con-
tained therein as may be reasonably
necessary to protect the public health,
safety and welfore.
Section 16. ShuttIng Off Supply. If
any electrical equipment or installation
is found by the Electrical Inspector to be
defective or defectively installed in con-
fiict with the provisions of this ordin-
ance, the person, firm, corporation, or
other association responsible for the
electrical equipment shall be notified in
writing of such defects, and shall make
necessary changes or repairs. If such
work is not completed within fifteen (15)
days (or longer period as specified by the
Electrical Inspector in such notice), the
Electricol Inspector shall have the
authority to disconnect or order the
discontinuonce of electrical service to
said electrical equipment. In coses of
emergency, if necessary for safety to
persons or property, or if electrical
equipment moy interfere with the work
of the fire department, the Electrical
Inspector shall have the authority to
disconnect or cause the disconnection
immediately of any such electrical
equipment. If fires have damaged the
wiring of any building or structure.
reconnection to electrical supply shall
not be made until authorized in writing
by the Electrical Inspector.
Section 17. Approval 01 Materials.
The Electrical Inspector may approve in
advance electrical materials inspected
and approved by the Underwriters'
Laboratories, Inc., and other materials
of equal or higher quality. The Electricai
Inspector shall keep on file a iist of such
approved materials, which list shall be
occessible for public reference during
regular office hours.
Section 18. Appeal. Any person, firm,
corporation or other association ag-
grieved by any ruiing, decision, inter-
pretation or order of the Electrical In-
spector sholl have the right to appeal to
the Electricol Appeal Board by filing a
written notice of such appeal with the
City Clerk within ten (10) days from the
date of the offending ruiing, decision,
interpretation or order.
Upon filing of such notice a time ond
place for hearing shall be fixed by the
Electrical Appeal Board. This time shall
be not more than fifteen (15) days after
the date of fiiing notice of appeal. The
person, firm, corporation or other as-
sociation moking the appeal shall be
notified by certified mail of the time and
place of such hearing. Hearings on ap-
peal shall be open to the public, and all
intereste.d persons shall be given an
59
60
Regular Session, February 7, 1977
opportunity to present their positions.
The Electrical Appeal Board by
majority vote shaii affirm, modify, or
reverse ony appealed ruiing, decision,
interpretation or order of the Electrical
Inspector. Any person, firm, corporation
or other association not satisfied with
the decision of the Electrical Appeal
Board shaii have the right to appeal to
court as by law provided.
Section 19. Meeting 01 The Board.
The Council shaii provide suitable space
in which the Board may hold meetings
and conduct hearings and shaii provide
the Board with necessary equipment
and focilities and pay the expense ther-
eof. The Board shoii hold its first meet-
ing not more than thirty (30) days after
the effective date of this ordinance.
Thereafter, the Board shaii meet at such
times as may be necessory for the
proper performance of its duties, but In
any case not less than twice a year. A
quorum of the Board shaii consist of a
majority of its members. The Board
shaii elect a chairman and a secretary
onnuaiiy.
Section 20. Electrical Power Supply.
Except where work is done under on
annual permit, it shoii be unlawful for
any person, firm corporation or other
associotion to make connection from a
supply of electricity or to supply elec-
tricity to any electrical equipment for
the instaiiation for which a permit is
required or which has been disconnect-
ed or ordered to be disconnected by the
Electrical Inspector until such connec-
;~;al~~::e~~~r~uthorized by the Elec- I
Section 21. Concealment Without
Notice, The Electrical Inspector shaii
have authority to remove or cause the
removal of lath, ploster, boarding or
other obstructions which may prevent
the proper inspection of electrical
apparatus.
Section 22. Damage 10 Wire.
(a) It shaii be unlowful for any owner,
workman, contractor or other person
not authorized by the Electricallnspec-
tor, in any manner, to cut, damoge or
otherwise interfere with any wire or
apporatus within or upon ony building
so as to render the same defective in
operation, or not in accordance with the
rules and provisions of this ordinance.
(b) When curbs are cut for driveways,
and a City owned electrical conductor is
traversed, loss of which would necessi-
tate the removal of the driveway for
repair, the person or firm desiring to
make such change shaii be responsible
for installing a satisfactory raceway
through which conductors can be
removed and replaced without disturb-
Ing the driveway.
Sections 23. Electrical Hazards
Crealed During Construction & Instal-
lations. When construction or other
instaiiations shaii cause existing elec-
trical conductors to be distorted or con-
cealed in such a manner os to create an
electrical hazord within the meaning of
the provisions of this ordinance, it shaii
become the responsibility of the person,
firm or corporation creating such
hazard to properly correct the electrical
hazard or couse the same to be correct-
ed aii In accordance with provisions of
this ordinance.
Section 24. General Requirement.
(a) Radio interference. Any person,
firm or corporation instaiiing electrical
equipment shaii so instaii such elec-
trical equipment as to be free from
interference with radio reception and its
associated devices as television. Where
such interference is found to exist, the
Electrical Inspector may issue notice for
the Immediate discontinuance of the use
of the equipment in question. Follure to
comply with the notice os issued by the
Electrical Inspector shaii be deemed as
sufficient cause for invoking the penal-
ties of this ordinance.
(b) When outdoor lighting is to be
instaiied, the lights shaii be so placed
and be of a light intensity or direction as
to not provide 0 glaring light to the
driver of a motor vehicle in adjacent
streets or to pedestrians.
(c) Living trees shaii not be used for
the permanent support of electrical
_conductors or other electrical
equipment.
Section 25. Power Services. Aii ser-
vice and meter equipment instaiiations
shaii meet the requirements of the elec-
tric utility regulations and safety rules
where they do not conflict with the
National Electric Code and the National
Safety Code.
Seclion 26. Penalty For Violation.
Any person, firm or corporation who
shaii fail to comply with any of the
provisions hereof shaii, upon conviction
thereof, be punished by 0 fine of not
more thon one hundred doiiars ($100.00),
together with the cost of prosecution,
and in defoult of payment thereof, by
imprisonment for not more than thirty
(30) days.
Section 27. Repealer. Ordinance No.
31-72 and aii ordinances or ports of
ordinances in conflict with the provi-
sions of this ordinonce are hereby
repealed.
Section 28. Severability.lfony provi-
sion of this ordinonce shaii be declared
Regular Session, February 7,1977
invalid, the remainder shaii remain in
fuii force and effect.
Secllon 29. Ellecllve Date. This or-
dinance shaii be in effect ofter its final
passage, approvol ond publication as
required by law, and in no event before
March 1, 1977.
Passed by recorded roii call vote,
adopted and approved this 7th day of
Februory, 1977.
Emil Stackis
Mayor
Thomas A. Tuiiy Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published offlciaiiy in the Telegraph
Herald Newspaper this 14th day of Fe-
bruary, 1977.
Leo F. Frommelt
City Clerk
112/14
Councilman Brady moved final adop-
tion of the Ordinance as amended.
Seconded by Councilman Pregler. Car-
ried by the foiiowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 6-77
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA", AS AMENDED, BY
REPEALING SUBSECTION 6. OF SEC-
TION 8,1 THEREOF AND ENACTING A
NEW SUBSECTION 6. TO SECTION
8.1 IN LIEU THEREOF ESTABLISHING
A SPEED LIMIT ON DODGE STREET
FROM BLUFF STREET TO DEVON
DRIVE,
presented and read. Councilman Pregler
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman Tul-
ly. Carried by the foiiowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Pregler 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
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None. ..
ORDINANCE NO. 6-77
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33-49 KNOWN AS THE
61
"TRAFFIC CODE OF DUBUQUE,
IOWA," AS AMENDED BY REPEALING
SUBSECTION 6. OF SECTION 8.1
THEREOF AND ENACTING A NEW
SUBSECTION 6. TO SECTION 8.1 IN
LIEU THEREOF ESTABLISHING A
SPEED LIMIT ON DODGE STREET
FROM BLUFF STREET TO DEVON
DRIVE.
NOW THEREFORE BE IT ORDAINED
BY THE City Council 01 the City 01
Dubuque, Iowa;
Section ,. That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa", as amended, be and the same is
hereby amended by repealing Subsec-
tion 6. of Section 8.1 and enacting a new
Subsection 6. to Section 8.1 In lieu ther-
eof as foiiows:
"Section 8.1
6. ThirtY-five miles per hour on Dodge
Street
from Bluff Street to Devon Drive."
Passed, approved and adopted this
7th day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tuiiy Jr.
Richard Wertzberger
James E. Brady
Wolter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officiaiiy in the Telegroph
Herald Newspaper this 10th day of Fe-
bruary, 1977.
Leo F. Frommelt
City Clerk
1t2/1O
Councilman Pregler moved final
adoption ofthe Ordinance. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilman
Brady, Pregler, Tully, Wertzberger.
Nays-None.
AN ORDINANCE amending Ordin-
ance No. 33-49 known as the "Traffic
Code of Dubuque, Iowa" as amended by
adding a new subsection 113 to
Schedule VI thereof to prohibit parking
of motor vehicles on the South side of
Wooten Street from Hill Street to
McClain Street and on the north side
from McClain Street eastwardly for a
distance of 165 feet, presented and read.
Councilman Pregler moved that the
Ordinance be referred to the Council
Meeting of February 21,1977. Seconded
by Councilman Tully. Carried by the
following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
62
Regular Session, February 7, 1977
Regular Session, February 7,1977
63
AN ORDINANCE to require the dis-
closure by retail distributors of retail
unit prices of consumer commodities; to
prescribe the duties of Director and to
provide penalty for violation hereof,
presented and read.
Councilman Wertzberger was of the
opinion Council should not legislate a
function of private business.
Councilman Pregler moved to su-
spend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Paul Milbrandt spoke to unit pricing
and Unit Price Codes; Request to give
all people same opportunity to buy or
sell as they want to.
Rick Schmitz of the Warehouse Mar-
ket questioned Unit Pricing; Would be
costly to all retailers involved.
Councilman Tully questioned who
utilizes a computer system for check-
out; Shall stamp or affix on each com-
modity the total price in Arabic Num-
berals of such commodity.
Rick Amling of Advisory Commis-
sion, Pat Dillon of Local VA W 94 and Ed
Berberich of Randall's all addressed the
Council relative to Ordinance.
Councilman Pregler moved that the
Ordinance be referred back to the City
Solicitor for redraft as Councilman Tul-
ly's guidelines to Manager and Staff and
report back at Council Meeting of Fe-
bruary 21, 1977. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays - Councilman Wertzberger.
Petition of Genevieve Duehr et ai,
Iowa TOPS 145, 167, 139, and 260, (60
signers) requesting exemption from
rental fee for the use of Allison-Hender-
son Building, presented and read.
Councilman Stackis moved that the
petition be referred to the City Manager
and Recreation Director. Seconded by
. Councilman Pregler. Carried by the fol-
lowing vote:
'Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of V.F.w. requesting permis-
sion to conduct Buddy Poppy Sale days
on May 13 and 14, 1977, presented and
read. Councilman Pregler moved that
the petition be approved subject to
coordination of tbe Manager. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Sinclair Marketing Inc.
requesting vacation of a portion of Ter-
minal Street to allow for relocation of a
loading rack west of its present location
to accomodate larger transport equip-
ment, presented and read. Councilman
Pregler moved that the petition be
referred to the City Manager for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Thomas E. Graham
requesting a work session between the
City Council and the Downtown Mer-
chants Ass'n., presented and read.
Councilman Wertzberger moved that
the petition be referred to the Council
briefing session on February 16, 1977.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Roger Dolan requesting
extension of an alley north and south
between the 1800 block of N. Algona
and 1800 block of Auburn to provide
garage access to 1850 N. Algona, pre-
sented and read. Councilman Pregler
moved that the petition be referred to
the City Manager for investigation and
report. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Joseph E. Reisdorf
requesting a refund or $422.50 on unex-
pired portion of Liquor Licens. No. 2984,
discontinued business on December 31,
1976, presented and read. Councilman
Pregler moved that the refund be
granted and City Auditor directed to
issue proper warrant. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Edward Bailey requesting
a refund of $422.50 on unexpired por-
tion of Liquor License No. C-3313, dis-
continued business on December 31,
1976, presented and read. Councilman
Pregler moved that the refund be
granted and City Auditor directed to
issue proper warrant. Seconded by
Councilman Wertzberger. Carried by
the following vote: Yeas-Mayor Stackis,
Councilmen Brady, Pregler, Tully,
Wertzberger. Nays-None.
Petition ofThompson's Food Markets
Inc. (Oky Doky9), requesting a refund
of $25.00 on an overcharge on Class "C"
Beer Permit No. C-1260, presented and
read. Councilman Pregler moved that
the refund be granted and City Auditor
directed to issue proper warrant.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas ~ Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice of Levy of
special assessment and intention of
Council to issue bonds to pay for recon-
struction of Jackson Street from 12th to
22nd Street, presented and read. Coun-
cilman Tully moved that the proof of
publication be received and filed.
Seconded by Councilman Pregler. Car-
ried by the following vote:
Yeas - Mayor Stackls, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 30-77
WHEREAS, the City of Dubuque,
Iowa is the owner of the real estate
described as:
Lot2 of Lot I of Lot I of Lot I of Lot I of
Lot I of Lot I of Lot I of Mineral Lot
342 in the City of Dubuque, Iowa
and
Statement of City Clerk certifying
that notices of levy were mailed by
certified mail to property owners of
record subject to assessment to pay for
reconstruction of Jackson Street from
12th Street to 22nd Street, presented
and read. Councilman Tully moved that
the statement be received and filed.
Seconded by Councilman Pregler. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
John Lang made inquiry as to
payment of assessments; Indicated he
may pass assessment onto tenants.
Councilman Pregler moved to
overrule any and all objectors. Second-
ed by Councilman Brady. Carried by the
following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
WHEREAS, Ken Palm has made an
offer to purchase said real estate; and
WHEREAS, the City Council of the
City of Dubuque, Iowa has examined
said offer to purchase real estate and
finds that the sale of said real estate
should be approved;
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section ,. That the sale of the her-
einabove described real estate owned by
the City of Dubuque, Iowa to Ken Palm
for the total purchase price of Seven
Hundred Fifty ($750.00) Dollars, plus
costs of publication and any platting
costs, that no abstract of title will be
furnished, conveyance will b. by Quit
Claim Deed and the City of DuI¡uque
will reserve unto itself all easements for
utilities, be and the same is hereby
approved.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
publish notice of intent to dispose of
interest in real estate as is by law
required.
Passed, adopted and approved this
7th day of February 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
RESOLUTION NO. 31-77
SCHEDULE OF ASSESSMENTS
RESOLVED by the City Council of
the City of Dubuque, Iowa: That to pay
for reconstruction of Jackson Street
from 12th Street to 22nd Street by
Tschiggfrie Excavating, contractor in
front of and adjoining the same, a
sp.cial tax be and is hereby levied on the
several lots, and parts of lots, and par-
cels of real estate all is named, situated
and owned, and for the several amounts
set opposite each lot or parcel of real
estate, as set forth in the following
schedule.
..
,
64
Regular Session, February 7,1977
I
Jackson Street
from
12th Street to 22nd Street
Construction Cost
Engineering Expense
5% Interest/52 Days
10% Interest/30 Days
Equipment Cost
Total Cost
Assessable
Share
$11,271,19
1,204.41
81.40
0.00
0.00
City Share
12/30/76
$63,747.24
6,228.04
0.00
104.64
7,751.60
Estimated
City Share
Outstanding
$2,845.47
284.00
0.00
0.00
0.00
$12,557.00 $77,831.52 $3,129.47
CITY OF DUBUQUE, IOWA
SCHEDULE OF ASSESSMENTS
For Jackson Street-12th Street to 22nd Street
LOT LOCATION
OWNER
Dubuque Association of
the Blind contract: The
Bible Baptist Church of
Dubuque
Leo D. & Thelma Mc-
Ginnis
Theodore C. Bartmann
Richard T. & Annette E.
Miller
Richard T. & Annette E.
Miller
Gerald F. Maro
Arthur H., Jean & Louise
Kress
Charles H. Giese
I-S-I/5
2-S-1I5
S'h-SM"1I5
N'h-SM-1I5
Sv.-M-1I5
N-'A-M-1I5
S'h-NM-1I5
I
Frank J. & Mary Hickey
cont:
EdwardG.Fairfield I-S-I/5
Dubuque Electric Motor
Service, Inc.
Bernard J. & Irene H.
Nelson
Harriet Rein
Marita A. Hanover
Merlin & Donna Schonoff
Chas. A. & Lorraine
Kleiner coni: James M.
& Donna L Soulias
d/b/a Carousel Enter-
prises Ltd.
Theodore C. Bartmann
St. Mary's Credit Union
SI. Mary's Credit Union
David W. & Mary A. Puetz
Margaret Devlin
Mary E. & Rose T. &
Charles Abraham
Ambrose C. & Margie J.
Roth
Thomas A. & Marietta
Fairfield
Wilson A. & Anna Smith
Wilson A. & Anna Smith
John A. & Jean J. Schnee
St. Mary's Church &
School
Joseph G. & Greta Schiessl
Clarence F. Freiburger
Clara Markey
Clara Markey
City Lot 496
City Lot 496
City Lot 496
City Lot 496
City Lot 496
City Lot 496
City Lot 496
Dubuque Electric Motor
Service Place
City Lot 495
Dubuque Electric Motor
Service Place
2-S-1I5 City Lot 495
S-28'5"-SM-1I5 City Lot 495
N-22'7"-SM-1I5 CityLot495
M-1I5 City Lot 495
NM-1I5
N-1I5
S-1I5
S'h-SM-1I5
N'h-SM-1I5
S'h-M-1I5
N'h-M-1I5
S'h-NM-1I5
I-N'h-NM-I/5
2-NY,-NM,1I5
S-16'6"-N-I/5
N-35'-N-1I5
All
S-26'-S-I/5
N-25'2"-S-1I5
S-M-1I5
M-1I5
City Lot 495
City Lot 495
City Lot 494
City Lot 494
City Lot 494
City Lot 494
City Lot 494
City Lot 494
City Lot 494
City Lot 494
City Lot 494
City Lot 494
City Lot 493
City Lot 492
City Lot 492
City Lot 492
City Lot 492
Project
Total
$77,863.90
7,716.45
81.40
104.64
7,751.60
$93,517.99
ASMT.
105.50
9.56
57.54
57.54
28.77
86.30
57.54
71.38
99.39
102.13
15.68
64.05
51.02
115.30
115.30
115.30
115.97
57.99
57.99
57.99
57.99
57.99
45.62
11.91
36.41
78.66'
575.37
58.44
56.64
115.07
115.07
Dora Blanche Grot john
Roy A. & Ella Urban
Washington Neighbor-
hood Improvement
Doris M. Grab
Immanuel Congregational
Church
Russell L Rafoth
Immanuel Congregational
Church
Immanuel Congregational
Church
Immanuel Congregational
Church
John &Josephine Dausner
Robert L & Irma L
Cartigny
William R. & June
Hallahan
Harold & Dorothy
Kamentz
Vincent W. & Doris A.
Dreesen
Vincent W. & Doris A.
Dreesen
Edith Wachter
Richard K. & Joyce Koons
Claire Wissel
Violet Ann Foley
Margaret Steichen
Gerald W. & Anna M.
Conrad cont: John F. &
Wilma Glynn
Gerald W. & Anna M.
Conrad cont: John F. &
Wilma Glynn
Earl L, Sr. & Lois L Rohr
Joseph F. Wenzel
Iowa Oil Company
Iowa Oil Company
Iowa Oil Company
Iowa Oil Company
Iowa Oil Company
Howard A. & Ethel M.
Breson
Paulette F. Vincent
Thomas R. Harry
Eldon C. Dorothy J.
Wilwert
Eldon C. Dorothy J.
Wilwert
Eldon C. Dorothy J.
Wilwert
Eldon C. Dorothy J.
Wilwert
Eldon C. Dorothy J.
Wilwert
William H. & Jo Ann H.
Klauer
ArthurH.Rebandt
Florence Mesch
LaVerneP.Miller
Lillian K. Henning
. Lillian K. Henning
George P. & Mary Crippes
Anton J. & Bernice C.
Schiessl cont: Leslie L. &
Gloria J. Potter
Helen Mai
Clarence & Ruth Gratton
Dorothy
Regular Session, February 7,1977
I
S'h-NM-1I5 City Lot 492
N'h-NM-I/5 City Lot 492
N-1I5
S-1I5
City Lot 492
City Lot 491
City Lot 491
City Lot491
SM-1I5
S'h-M-1I5
NY,-M-I/5
City Lot 491
City Lot 491
NM-1I5
N-1I5
S'h-S-1I5
City Lot 491
City Lot 490
City Lot 490
N'h-S-1I5
2-I-SM-1I5
1-I-SM-I/5
City Lot 490
City Lot 490
2-SM-1I5
City Lot 490
City Lot 490
City Lot 490
City Lot 490
City Lot 490
City Lot 489
City Lot 489
S'h-M-1I5
N'h-M-1I5
NM-I/5
N-1I5
I-S-1I5
2-S-1I5
SM-1I5
City Lot 489
S-3'-M-1I5
N-48'2"-M-1I5
S-52'4"-N-2/5
N-37'-N-40'6"-1
S-3.6'-N-40'6"-1
S-II'-I
1-2
2-2
City Lot 489
City Lot 489
City Lot 489
Mineral Lot 100
Mineral Lot 100
Mineral Lot 100
Minerall.ot 100
Mineral Lot 100
N'h-3
S'h-3
4
Mineral Lot 100
Mineral Lot 100
Mineral Lot 100
1-2-27
2-2-27
East Dubuque Add.
East Dubuque Add.
1-27
East Dubuque Add.
East Dubuque Add.
2-2-28
1-2-28
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
1-28
1-29
2-29
30
N-25'-31
S-26'6"-31
NY,-32
SY,,32
NY,-33
SY,-33
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
65
57.54
57.54
115.07
115.07
115.07
57.54
57.54
115.07
115.07
57.54
57.54
53.42
52.37
9.63
59.38
57.54
115.07
115.07
63.34
50.70
115.97
6.73
108.33
115.97
83.16
8.08
24.72
44.95
71.02
57.99
57.99
115.97
68.26
15.25
31.67
42.10
15.36
58.19
57.90
57.67
115.07
56.19
59.56
57.54
57.54
57.54
57.54
66
Regular Session, February 7, 1977
I
Edward J. & Myrtle S.
Wallig NY,-34
Steven R. & Jean M. Ernst Sv,-34
Francis Schroeder Nv,-35
Lawrence A. & Florence
Sassen
Lawrence A. & Florence
Sassen
Howard F. & Anna M.
Havens
Arthur F. Nagel
Howard S. & Lena
McCarron cont: John R.
& Dianne K. Holmes
Cecelia C. Winter
John J. & Lorraine M.
Eichhorn
MaryT.Smith
Cheryl J. Gruber
Katherine Fettgather
Daniel L. & Jeannine A.
Jaeger
Michael E. Portzen
Melvin & Edora M.
Scheffert
Donald H. & Gloria M.
Gagne N'h-61
Harvey & Margt. Schmitt S-26'2"-60
Joseph J., Jr. & Maye M.
Tschiggfrie
Harry J. & Frances
Lochner
Dubuque Electric Motor
Service, Inc.
Harry J. & Frances
Lochner
Dubuque Electric Motor
Service, Inc.
Esther Helser
Esther Helser
Bernard E. & Elizabeth A.
Mullady
Dubuque Electric Motor
Service, Inc.
Bernice M. Leute
Robert L. Birch
Joseph & Frances Pot-
tebaum coot: Marcellus
J. Pottebaum
Gertrude R. Gross Life
Est: Adam J. Boxler
Carl L. & Margaret M.
Sawvel
Earl L. & Margaret M.
Sawvel
Dennis V. & Lou Ann
Hoag
Gerald A. & Catherine A.
Streinz
Agnes Goerdt
Mary M. Kuhl
Lawrence H. Haugen
Richard A. & Janice K.
Aitchison'
Donald J. & Ava Louise
Esser
Alvina G. Spautz
Fred G. & Marcella M.
Rettenmaier
Fred G. & Marcella M.
SY,-35
N-20'-36
S-31'2"-36
1-37
2-37
Ny,-38
SY,-38
Ny,-39
SY,-39
Ny,-40
Sy,-61
N-25'-60
I-S'h-59
2-SY,-59
I-S-24'-Ny,-59
2-S-24'-Ny,-59
N-I'6"-NY,-59
Sv,-58
NY,-58
2-57
I-57
S'h-56
Nv,-56
Sv,-55
NY,-55
Nv,-54
SY,,53
Nv,-53
W-44'-52
E-56'52
Wv,-51
Ev,-51
Sy,-50
Nv,-50
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
Van Eman Place
Van Eman Place
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
57.54
57.54
57.54
57.54
44.95
70.06
86.26
28.81
57.54
57.54
57.54
57.54
57.54
145.98
26.60
57.54
57.54
58.89
56.19
46.28
11.25
43.58
10.58
3.36
57.54
57.54
71.00
44.07
57.65
57.65
57.65
57.65
57.65
57.65
57.65
57.65
77.94
37.35
84.08
31.89
57.99
57.99
Regular Session, February 7,1977
I
Rettenmaier
Howard & Lois Neal
Harold E. & Helen Jestel
Joseph I. & Louise M.
Osterhoff
Joseph I. & Louise M.
Osterhoff
Joseph I. & Louise M.
Osterhoff
Carl J. & Marion Hayes
MaryM.Asbell
MaryM.Asbell
Mary M. Asbell
Joseph I. & Louise M.
Osterhoff
MaryM.Asbell
Raymond M. & Leona D.
Konrardy
Thomas H. & Sarah J.
Muntz
Bertha & Frank Lucas
Helen DeBold Cathcart
FrankJ. & Mabel Weber
Walter B. & Joyce H.
Somers
Walter B. & Joyce H.
Somers
Richard L. Herr & David
A. Buechele
St. Pauls Evangelical
Lutheran
St. Pauls Evangelical
Lutheran
St. Pauls Evangelical
Lutheran
St. Pauls Evangelical
Lutheran
Elizabeth Zimmerman
Sidney E. & Elizabeth D.
Miller & Robert D.
Miller
Jobillnvestments
Richard & Ruth
Kennicker
Elsbeth Williams
Celia Kovanda
Elizabeth Zimmerman
Raymond J. & Henni
Schmit S-31'7"-N-50'-Ev,-44L. H. Langworthys Add.
Alice L. Candler N.l8'5"-N-50'-Ev,-44L. H. Langworthys Add.
Frank & Emma Buchholz
& Dorothy M. & Velma
Buchholz
Francis P. Schroder
Francis P. Schroder
Gertrude M. Weiner
GertrudeM. Weiner
Eldon Waller
Lillian Loecke
Eileen L. Meyer & Richard
J. & Catherine A.
Schroeder
Joseph Kann
Joseph Kann
John M. & Catherine H.
Collins
John E. & Lorraine M.
Sy,-49
Nv,-49
Sy,-48
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
I-NY,-48
East Dubuque Add.
East Dubuque Add.
2-47
S-20.6'-I-I-47
N-16.6'-I-I-47
1-2-1-47
2-2-1-47
2-2-Nv,-48
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
2-1-2-Nv,-48
1-1-2-Nv,-48
East Dubuque Add.
East Dubuque Add.
46
East Dubuque Add.
Sv,-45
Nv,-45
Sy,-44
Nv,-44
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
East Dubuque Add.
43
East Dubuque Add.
2-42
East Dubuque Add.
East Dubuque Add.
1-42
11
Steiners Add.
12
13
Steiners Add.
Steiners Add.
S.24'-14
N.26'-14
Steiners Add.
Steiners Add.
Nv,-15
Sv,-15
Steiners Add.
Steiners Add.
Ruth
16
17
18
S-14'-Ev,-44
Steiners Add.
Steiners Add.
Steiners Add.
L. H. Langworthys Add.
I-Ev,-42 & Ev,-43 L. H. Langworthys Add.
S-25'-1-2-Ev,-42 &
43 L. H. Langworthys Add.
N-25'-1-2-EY,-42
& 43 L. H. Langworthys Add.
2-2-EY,-42 &
Ev,-43 L. H. Langworthys Add.
3-Ev,-42 & Ev,-43 L. H. Langworthys Add.
S-42'-47 L. H. Langworthys Add.
N-30'-N-60'-46 L. H. Langworthys Add.
S-30'-N-60'-46
S-I7'-46
N-22'-45
L. H. Langworthys Add.
L. H. Langworthys Add.
L. H. Langworthys Add.
L. H.Langworthys Add.
S.42'-45
67
57.99
57.99
57.99
56.39
27.02
39.17
31.15
17.16
0.52
0.18
0.31
1.08
115.07
57.54
57.54
57.54
57.54
115.07
38.69
77.67
111.86
110.87
109.81
52.30
56.08
56.19
56.19
112.38
112.38
112.38
30.12
68.01
39.89
73.70
52.82
52.82
1.91
48.78
94.40
67.43
67.43
38.21
49.45
94.40
68
Regular Session, February 7, 1977
I
Schadle
Wilfred T. & Florence C.
Herrig
Ollie Airheart cont: Susan
L. Brimmer
Lois & Martin Petrick
Velma L. Hentges
Velma L. Hentges
John R. & Debra A.
Martins
Edward C. & Marlene R.
Greve
GladysD. Waterman
GladysD. Waterman
Norbert J. & Diane M.
Steger
Norbert J. & Diane M.
Steger
George R. & J. Pfiffner
Frank Miller
Cletus J. & Eliz. Kasel
Mary & Donald Schlader
cont: Hollis D. & Audrey
A. Root
Wayne J. & Kathleen F.
Weiland
MarkJ. & Mary A. Gilligan
William A. Primasing
Donald L. & Shirley A.
Torrey
Michael J. & Lucinda L.
Kruser 2-1-I-I-N-54'-
Ev,-40 & Ev,-39
2-I-N-54'-Ev,-
40 & Ev,-39
I-N-46'-48
2-N-46'-48
L. H. Langworthy's Add. 91.07
L. H. Langworthy's Add. 12.31
L. H. Langworthy's Add. 143.84
L. H. Langworthy's Add. 71.92
L. H. Langworthy's Add. 71.92
L. H. Langworthy's Add. 2.25
L. H. Langworthy's Add. 141.59
L. H. Langworthy's Add. 89.9'0
L. H. Langworthy's Add. 53.94
L. H. Langworthy's Add. 71.92
L. H. Langworthy's Add. 71.92
L. H. Langworthy's Add. 17.98
L. H. Langworthy's Add. 65.18
L. H. Langworthy's Add. 60.68
L. H. Langworthy's Add. 131.32
L. H. Langworthy's Add. 66.08
L. H. Langworthy's Add. 66.41
L. H. Langworthy's Add. 57.06
L. H. Langworthy's Add. 80.91
L. H. Langworthy's Add. 53.81
L. H. Langworthy's Add. 75.90
L. H. Langworthy's Add. 18.22
49
S-32'-50
N-32'-50
S-I'-51
N-63'-51
S-40'-52
N-24'-52
S'h-53
NY,-53
S-8'-54
S-29'-N-56'-54
N-27'-N-56'-54
Ev,-35
NE\\-36
SE\\-36
N-27.4'-Ev,-37
N-38'6"-E\\-38
S-25'6"-E\\-38
Burdett Boardman
Velma L. Hentges Curran
& Gerald P. Curran
cont: Stanley J. & Opal
M. Wiezorek 2-N-54'-Ev,-40 &
Ev,-39 L. H. Langowrthy's Add.
Raymond C. & Adele L.
Daack I-I-I-I-N-54'E\\-40
& EY,-39 L. H. Langworthy's Add.
& Adele L.
46.57
60.77
21.46
Raymond C.
Daack
Margt. E. Legler cont:
Robert S. & Janice M.
Weipert cont: James F.
& Karen R. Brokus
Leona M. & Robert
Pfiffner
T. Edwin
Winders
Raymond
Daack
Michael J.
Kruser
S-10'-Ev,-40
L. H. Langworthy's Add.
I-S-36'-6"-Ev,-37 L. H. Langworth's Add.
2-S-36'-6"-Ev,-37 L. H. Langworthy's Add.
& Edna H.
S-45'-N-55'-9"-Ev,-41L. H. Langworthy's Add.
C. & Adele
N-IO'-9"-N-55'9"-Ev,-4IL H. Langworthy's Add.
& Lucinda L.
2-1-I-N-54'-Ev,-40
& Ev,-39 L. H. Langworthy's Add.
39.96
36.59
96.96
23.04
51.00
$12,557.00
All of which is assessed in proportion to special benefits conferred.
r
Removal of asphalt concrete sur-
facing @ $ 0.56 $ 8,729.28
Asph. conc. binder course type "A"
mixture size %" @
Asph. conc. surface course type "A"
mixture size '4" @
Asphaltcement,85-IOOpen. @
TackcoatRC-70 @
15,588 sq. yd.
958.29 ton
8.85
8,480.87
1,240.25 ton
144.661 ton
837 gal.
8.85 10,976.21
75.50 10,921.91
0.45 376.65
$77,863.90
Regular Session, February 7, 1977 69
I
41.7 ton Asphalt concrete type "A" hand
patching @ 23.00 959.10
431.4 ton Asphalt concrete type "A" leveling
course @ 11.85 5,112.09
20.464 sta. Curb and gutter removal @ 150.00 3,069.60
2,060.0 lin. ft. P.C. curb type "C" @ 5.50 11,330.00
346.08 sq. yd. P.C. concrete pavement removal @ 10.00 3,460.80
177.47 sq. yd. Class "A" P.C. conc. pavement 10"
thick @ 13.00 2,307.11
75.78 sq. yd. P.C. sidewalk removal @ 1.35 102.30
626.09 sq. ft. 4" P.C. sidewalk @ 1.10 688.70
8 no. of Adjustment of fixture, manholes @ 70.00 560.00
II no. of Adjustment of fixtures, catch basin
@ 70.00 770.00
4 no. of Manhole casting, ring and cover @ 140.00 560.00
38.13 sq. Sod @ 27.77 1,058.87
53lin. ft. Conduit, I" G.S. in trench @ 3.00 159.00
1951in. ft. Conduit, Ph" G.S. in trench @ 4.71 918.45
86.5lin. ft. Conduit, 2" G.S. in trench @ 5.19 448.94
199.17lin. ft. Electric cable, #14 AWG, 15-C in
condo @ 1.00 199.17
160 lin. ft. Electric cable, #IO,AWG, 3-C, UFin
conduit @ 0.45 72.00
131 lin. ft. Electric cable #16AWG,2-Cshield-
ed in conduit @ 0.30 39.30
4 no. of Concrete foundation, 20" dia. x 4'
deep @ 190.00 760.00
4no.of Traffic signal post installation @ 60.50 242.00
4 no. of Traffic signal head installation
(post) @ 55.00 220.00
2 no. of Magnetic detector installation @ 225.00 450.00
4no. of Walk button and sign installation @ 57.00 228.00
I no. of Controller installation (post
mount) @ 86.00 86.00
I no. of Service installation @ 269.00 269.00
4 no. of School sign installation, 36" x 36" @ 25.00 100.00
2 no. of Removal foundation @ 50.00 100.00
2 no. of Remove existing signal and
standard @ 53.00 106.00
120 lin. ft. Concrete or asphalt sawing @ 1.10 132.00
147.56 cu. yd. Excavation-Class 13 @ 2.35 346.77
263.9 ton Asphalt treated base @ 10.20 2,691.78
156.0 lin. ft. Loop detector @ 4.50 702.00
2 no. of 6" x 6" x 6" pull box @ 65.00 130.00
Construction Cost $77,863.90
Equipment Cost 7,751.60
------
Total $85,615.50
Less 70% FAUS Share 59,930.85
Less City Share-
Signals Cost 14,413.46
------
Assessable Share $11,271.19
Engineering Expense 1,204.41
5% Interest/52 days 81.40
------
Total Assessable Amount $12,557.00
Passed, adopted and approved this
7th day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 32-77
Resolution providing lor the lasuance
of Street Improvement Bonds for
the Purpose of Providing for the
Payment of the Assessed Cost of:
The Improvement and Recon-
struction of Jackson Street from
12th Street to 22nd Street.
WHEREAS the contract heretofore
entered into by the City of Dubuque,
Iowa, for the improvements hereinafter
70
Regular Ses8ion, February 7, 1977
date on its """""" Bond No. """""dated
Regular Session, February 7, 1977
described has been completed and the
City Manager has certified the comple-
tion thereof to the City Council and the
City Council has ascertained the cost
thereof and has determined that
$12,557.00 Dollars of the cost thereof
shall be assessed against the property
subject to assessment therefor; and
WHEREAS public notice, as provided
by law, has been published by the City
Clerk stating the intention of the City
Council to issue bonds for the purpose
of providing for the payment of the
assessed cost of said improvement and
a public hearing has been held, pur-
suant to such notice and all objections
made thereto have been considered and
determined:
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque:
I. That to provide for the payment of
the assessed cost of: The improvement
and reconstruction of Jackson Street
from 12th Street to 22nd Street, there
may be issued street improvement
bonds in the amount of $12,000.00 Dol-
lars in anticipation of the deferred
payment of assessments levied for such
improvement.
2. Such bonds shall be called street
improvement bonds; and shall bear the
date of April I, 1977; and shall be num-
bered consecutively; and they shall be
numbered, divided into series, and be in
such denominations and for such ma-
turity dates as are shown in the follow-
ing table:
Se.'" Bo.,
No. No.
I 1,2
2 3,'
3 5
, 6
5 7
6 ,
7 9
, 10
9 II
10 12
De.om'.ello. Mol..",
$1,000.00 Decemb"I.1977
1.000.00 Decembe,I,19"
1,000.00 Decemb"I,1979
1,000.00 Decemb"'.1980
1,000.00 Decembe, I. 19'1
1.000.00 Decemb"I.1982
1.000.00 Decembe".19'3
1.000.00 Decemb"I,1984
1,000.00 Decemb"I.1985
1,000.00 Decembe".1986
3. Said bonds shall bear interest at a
rate not to exceed seven percent (7%)
per annum, payable annually in accor-
dance with coupons thereto attached:
4. Said bonds shall not make the City
of Dubuque liable in any way, except
for the application of said special as-
sessment funds.
5. Said bonds shall provide that they
may be payable at any time prior to the
maturity date stated therein at the op-
tion of the City of Dubuque and shall be
substantially the following form:
No. """".
Series No. """,,""
CITY OF DUBUQUE
STREET IMPROVEMENT BOND
The City of Dubuque in the State of
Iowa promises to pay as hereinafter
mentioned to the bearer hereof, the sum
of one thousand dollars with interest
thereon at the rate of "".,,". per cent per
annum, payable .""". annually, on the
presentation and surrender of the in-
terest coupons hereto attached. Both
principal and interest of this bond are
payable at the office of the City Trea-
surer in the City of Dubuque, in the
State of Iowa. This bond is issued by the
City of Dubuque under and by virtue of
Chapter 384 of the 1975 Code of Iowa, as
amended, and the Resolution of said
City duly passed on the 7th day of Fe-
bruary, 1977, being Resolution No.
32-77.
This Bond is one of a series of 12
bonds, all for $1,000.00 numbered from I
through 12, and one for $""."". num-
bered """"" all of like tenor and date,
and issued for the purpose of: financing
the deferred portion of the assessed cost
of the improvements and reconstruc-
tion of Jackson Street from 12th Street
to 22nd Street, as described in said Re-
solution, in said City, which cost is
payable by the abutting and adjacent
property along said improvements and
is made by law a lien on all of said
property. It is payable only out of the
Special AsBessment Fund 1309 creat-
ed by the collection of said special tax,
and said fund can be used for no other
purpose.
It is hereby certified and recited that
all the acts, conditions and things
required to be done, precedent to and in
issuing this series of bonds, have been
done happened and performed, in
regular and due form, as required by
law and saId Resolution, and for the
assessement, collection and payment
hereon of said special tax, the full faith
and diligence of said City of Dubuque
are hereby irrevocably pledged.
IN TESTIMONY WHEREOF the City
of Dubuque by its Council has caused
this bond to be signed by its Mayor ¡¡ad
countersigned by its City Clerk and the
Seal of said City to be thereto affixed,
this 7th day of February, 1977.
Mayor
(SEAL)
City Clerk
(Form of Coupon)
On the ",,"" day of ""...""., the City of
Dubuque, low., promises to pay to the
bearer, as provided in said bond, the
sum of """"" Doilars, in the office of the
City Treasurer in the City of Dubuque,
being """". months' interest due that
Mayor
City Clerk
6. That the Mayor and City Clerk be
and they are hereby instructed to cause
said bonds to be prepared and when so
prepared to execute said bonds and that
the City Treasurer be and he is hereby
instructed to register said bonds in a
book kept for that purpose.
7. That the City Treasurer is hereby
instructed to sell said bonds in the
manner provided by law, the proceeds
of said sale to be placed in a special fund
to be known as Fund 1309 and paid out
by him to pay the cost of said contract.
8. That the interest coupons attached
to the bonds be signed with the facsimIle
signature of the Mayor and counter-
signed with the facsimIle signature of
the City Clerk.
9. That as fast as funds allow, begin-
ning with the second year after the
payment of interest due, these bonds
shall be called and retired in the same
order as numbered.
10. Notice of election to call these
bonds shall be given by regular U.S.
Mall addressed to the last known ad-
dress of the purchaser.
Passed, adopted and approved this
7th day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
WaIter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing on notice of levy of special assess-
ment and intention of the CouncIl to
issue bonds to pay for reconstruction of
Jackson Street from 22nd Street to
Diamond Street, presented and read.
Councilman Tuily moved that the proof
of publication be received and filed.
Seconded by CouncIlman Pregler. Car-
ried by the following vote:
Yeas - MayorStackis, CouncIlmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Statement of City Clerk certifying
that notices of levy were mailed by
certified mall on January 21, 1977 to
property owners of record subject to
assessment to pay for cost of recon-
struction of Jackson Street from 22nd
Street to Diamond Street, presented and
read. CouncIlman Tully moved that the
statement be received and filed.
Seconded by Councilman Pregler. Car-
ried by the following vote:
Yeas - Mayor Stackis, CouncIlmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 33-77
SCHEDULE OF ASSESSMENTS
Resolved by the City Council of the
City of Dubuque, Iowa: That to pay for
reconstruction of Jackson Street from
22nd Street to Diamond Street, by
Tschiggfrie Excavating, contractor in
front of and adjoining the same, a
special tax be and is hereby levied on the
several lots, and parts of lots, and par-
cels of real estate all as named, situated
and owned, and for the several
amounts set opposite each lot or parcel
of real estate, as set forth in the follow-
ing schedule.
Jeckson Street
from
22nd Street to Diamond
Street
Jackson Street
from
22nd Street to DIamond Street
Estimated
City Share City Share Project
12/30/76 Outstanding Total
$137,723.27 $4,632.06 $173,423.40
14,906.71 463.21 i7,085.54
0.00 0.00 224.38
275.07 0.00 275.07
14,244.25 0.00 14,244.25
167,i49.30 5,095.27 205,252.64
Construction Cost
Engineering Expense
5% Interest/52 Days
10% Interest/30 Days
Equipment Cost
Subtotal Contract Cost
Assesseble
Share
$31,068.07
1,715.62
224.38
0.00
0.00
33,008.07
0.00
$33,008.07
Sign Relocation
Total Cost
360.00
$167,509.30
0.00
$5,095.27
360.00
$205,612.64
71
72
Regular Session, February 7,1977
¡
OWNER LOT
The First National Bank of
Dubuque All
Elmer J. & Cath. L. Mosie
cont: Irvin Jr. & Sharon
K. Scheuller E~-,
Roy S. & Shirley A.
Siegwortb E~-30
Edward W. & Katherine B.
Maah
E.G. & Hilda Nlssalka
Clara K. Voights
Clara K. Voights
Burnace R. Jones & Helen
D. Gabriel
Joseph L. Kissling Life Est:
Joseph C. & Winnie
Kissling
Arnold & Elizabeth
Kennicker
Dubuque County
Richard P. Kennedy
Elmeta E. Leytem
Wayne R. & Nancy L.
Ellerman S~-E~-23A
Joseph G. & Regina A.
Bughman
John A. & Maxine J. Heim
Frank & Esther Kohl
Charles & Helen Gillooley
John B. & Charlotte E.
Lang
ThomasJ. & Mary Pamela
Jochum
Russell S. & Margaret An-
na Lewis
NickG.Fondell
Mary J. Brede & Florence
F. Herberger 67
Cyril V. & Marie M. Behr 66
Charles M. Patzner, Jr. 65
James & Dorothy Brandel N~-64
James & Dorothy Brandel S~-64
Dale F. & Dolores A.
Walbrun
Julien Improvement Co.
cont: Agnes M. Terry
Joseph E. & Eleanor M.
Vize 1-62
Alonzo T. & Lucille
Murphy
John J. & Philomena L.
Payne
Gale Burnick & George R.
R. Martin
George & Olive A. Renk
Gilbert L. & Marlene M.
Nadermann
Gilbert L. & Marlene M.
Nadermann
Robert L. & Helen M.
Schwartz
H. F. Reynolds & Marion
C. Schueller cont: Wil-
liam J. &.Doris Malone 58
Gary J. Roth & Linda A.
Allendorf 2-57
Joseph L. & Nancy A.
McKillip I-57
LOCATION
First National Bank
North Plaza
E~-31
L. H. Langworthy's Add.
2-S-52'-E~-29
I-S-52'-E~-29
N-12'-E~-29
I-E~-28
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langowrthy's Add.
L. H. Langworthy's Add.
2-E~-28
L. H. Langworthy's Add.
E~-27
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
E~-26
S-I"-E~-25
N-63'-E~-25
E~-24A
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
N~-E~-23A
SE\oó-22A
NE\oó-22A
E'h-2IA
E-90-2OA
L. H. Langworthy's Add.
L. H. Langworthy's Add.
69
1-68
2-68
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
2-63
L. H. Langworthy's Add.
L. H. Langworthy's Add.
1-63
L. H. Langworthy's Add.
2-62
N-34'-61
L. H. Langworthy's Add.
L. H. Langworthy's Add.
S-30'-61
N-36'-60
S-28'-60
L. H. Langworthy's Add.
L. H. Långworthy's Add.
L. H. Langworthy's Add.
N-30'-59
L. H. Langworthy's Add.
L. H. Langworthy's Add.
S-34"-59
L. H. Langworthy's Add.
L. H. Langworthy's Add.
L. H. Langworthy's Add.
ASMT,
465.86
155.29
155.29
47.32
78.85
29.12
92.19
63.07
155.29
155.29
0.21
155.29
155.29
77.65
77.65
77.65
77.65
155.29
155.29
170.83
114.78
56.05
170.83
170.83
170.83
85.41
85.41
81.41
89.42
102.76
68.06
90.75
80.08
96.09
74.74
80.08
90.75
170.83
81.20
89.63
Regular Session, February 7, 1977
¡
Joseph L. & Nancy A.
McKillip
Cyril J. & Jo Ann C. Fries
cont: Gene & Rita
Clancy
Aloysius & Mary Weitz
Kathryn M. Neuman
Meyer 1/3 Int. and Ruth
Carolyn Newman 2/3
Int.
Hynes & Howes Partners
Robert J. & Marie H.
Hansel 2
Leo J. & Mary C. Connolly 3
Jos. E. & Mary
Sprengelmeyer
Josephine C. & Joseph B.
Risselman
Warren R. & Georgia L.
Conrad
LeRoy C. & Mildred P.
Stodden cont: James E.
Curiel Etal
LeRoy C. & Mildred P.
Stodden cont: James E.
Curiel Etal
Irene C. Kerstein
Irene C. Kerstein
N-28'-56
L. H. Langworthy's Add.
2-S-36'55 & 56
I
L. H. Langworthy's Add.
Weitz Place
Weitz Place
New Jackson Sub.
New Jackson Sub.
New Jackson Sub.
New Jackson Sub.
New Jackson Sub.
1-6
New Jackson Sub.
2-6
New Jackson Sub.
Irene C. Kerstein
I-S~-E-85'-185 L. H. Langworthy's Add.
2-S~-E-85'-185 L. H. Langworthy's Add.
I-E-53.6'-N~-E-
85'-185 L. H. Langworthy's Add.
S-27'4"-W-3I'6"-
N~-E-85'-185 L. H. Langworthy's Add.
John G. & Judith Ann
Bisdorf N-2'8"-W-31-6"-
N~-E-85'-185 L. H. Langworthy's Add.
John G. & Judith Ann
Bisdorf 2-E-53.6'-N~-E-
85'-185 L. H. Langworthy's Add.
John G. & Judith Ann
Bisdorf I-SWE-85'-184
John G. & Judith Ann
Bisdorf 2-S~-E-85'-184 L. H. Langworthy's Add.
Wm. B. & Fannie Kohler I-N~-E-85'-184 L. H. Langworthy's Add.
Reinhardt R. & Ida A.
Rusch 2-N~-E-85'-184 L. H. Langworthy's Add.
Wm. B. & Fannie Kohler 2-S~-E-85'-183 L. H. Langworthy's Add.
Reinhardt R. & Ida A.
Rusch I-S~-E-85'-183 L. H. Langworthy's Add.
Rudolph & Clara Hafeman N~-E-85'-183 L. H. Langworthy's Add.
Joseph H. & Loretta
Schiltz cont: Robert D.
Klauer Etal S~-E-85'-182 L. H. Langworthy's Add.
Allen J. & Marion E. Lang N~-E-85'-182 L. H. Langworthy's Add.
George W. & Dorothy M.
Beaves E~-181
David J. & Judith M. Link I
Leon Wersinger 2
Donald N. & Virgini~ M.
Pierce \
Comiskey Field City<>f
Dubuque'~23
Comiskey Field City o~
Dubuque \22
Comiskey Field City of
Dubuque
Comiskey Field City of
Dubuque
Comiskey Field City of
Dubuque
Comiskey Field City of
Dubuque
L. H. Langworthy's Add.
L. H. Langworthy's Add.
Olinger Sub.
Olinger Sub.
Olinger Sub.
Boulevard Add.
Boulevard Add.
21
Boulevard Add.
20
Boulevard Add.
19
Boulevard Add.
18
Boulevard Add.
74.74
193.52
24.98
48.42
76.18
74.74
62.27
62.27
62.27
62.27
2.48
72.26
3.74
54.18
13.08
1.28
3.84
72.26
2.48
72.26
1.90
0.45
74.74
74.74
74.74
74.74
149.48
123.29
79.52
79.52
82.40
71.93
71.93
71.93
71.93
71.93
73
---
74 Regular Session, February 7, 1977 Regular Session, February 7; 1977 75
I I
Comiskey Field City of Garry J. & Lynne T. Pape I-S-I/3-214 Davis Farm 49.97
Dubuque 17 Boulevard Add. 71.93 Ann Lolwing N-2I3-214 Davis Farm 99.93
Comiskey Field City of Eldon P. & Jean A. George I Ed Eslinger Place 149.93
Dubuque 16 Boulevard Add. 71.93 Eliz. M. Roesner Est. N-31'-17 Ed. W. Langworthy Sub. 90.25
Comiskey Field City of Olin M. & Helen Bechen S-25'-17 Ed. W. Langworthy Sub. 72.76
Dubuque 15 Boulevard Add. 71.93 Kenneth Henry & Barbara
Comiskey Field City of L. Lindecker N%-16 Ed. W. Langworthy Sub. 72.76
Dubuque 14 Boulevard Add. 71.93 Vincent P. & Quinta M.
Comiskey Field City of Jestice SY,-16 Ed. W. Langworthy Sub. 72.76
Dubuque 13 Boulevard Add. 71.93 George L. & Elinor R.
Comiskey Field City of Kutsch 15 Ed. W. Langworthy Sub. 145.55
Dubuque 12 Boulevard Add. 71.93 Susan Steger Etal cont:
Comiskey Field City of Kenneth & Alane Jean-
Dubuque 11 Boulevard Add. 71.93 nette Zahina 14 Ed. W. Langworthy Sub. 145.55
Comiskey Field City of Zeno Kessler 13 Ed. W. Langworthy Sub. 145.55
Dubuque 10 Boulevard Add. 71.93 Raymond J. & Genevieve
Comiskey Field City of M. Regan 1-12 Ed. W. Langworthy Sub. 78.05
Dubuque 9 Boulevard Add. 71.93 Edward J. & Rita May
Comiskey Field City of Manahl 2-12 Ed. W. Langworthy Sub. 67.45
Dubuque 8 Boulevard Add. 71.93 Mathias K. & Susan K.
Comiskey Field City of Lorenz 11 Ed. W. Langworthy Sub. 145.55
Dubuque 7 Boulevard Add. 71.93 Joseph C. & Eileen Sisler 10 Ed. W. Langworthy Sub. 111.31
Comiskey Field City of Harriet & Monica Ziereis 9 Ed. W. Langworthy Sub. 145.55
Dubuque 6 Boulevard Add. 71.93 Robert C. & Sarah E.
Comiskey Field City of Livermore 1-8 Ed. W. Langworthy Sub. 87.39
Dubuque 5 Boulevard Add. 71.93 Robert W. Gruel 2-8 Ed. W. Langworthy Sub. 57.63
Comiskey Field City of William E. Lynn A.
Dubuque 4 Boulevard Add. 71.93 Wehrspann 7 Ed. W. Langworthy Sub. 145.55
Comiskey Field City of Charles A. & Germaine C.
Dubuque 3 Boulevard Add. 71.93 Bird 1-6 Ed. W. Langworthy Sub. 125.75
Comiskey Field City of Christina Papenthien 2-6 Ed. W. Langworthy Sub. 20.07
Dubuque 2 Boulevard Add. 71.93 Christina Papenthien N%-5 Ed. W. Langworthy Sub. 72.76
Comiskey Field City of Martha Margan S%-5 Ed. W. Langworthy Sub. 72.76
Dubuque I Boulevard Add. 96.81 Martha Margan N-14'-4 Ed. W. Langworthy Sub. 40.76
Faith Evangelical United Eldred & Malinda C.
Bretheren Church 225 Davis Farm 149.48 Vyverberg S-36'-4 Ed. W. Langworthy Sub. 105.06
William F. & Dorothy E. Benjamin J. & Kathleen F.
Gronau cont: Alice M. & Heim 3 Ed. W. Langworthy Sub. 145.55
Donald R. Blakeman 2-1-1-224 Davis Farm 58.30 Benjamin J. & Kathleen F.
Wm. E. & Marcella Mitte 1-1-1-224 Davis Farm 71.99 Heim 2 Ed. W. Langworthy Sub. 145.55
Rita & Sharon R. Anthony DeMaio I Ed. W. Langworthy Sub. 145.55
McAlIister 2-1-224 Davis Farm 19.94 CrusoA. & MarianA. Alba E-70'-E-IOO'-376 DavisFarm 137.09
Rita & Sharon R. Francis B. & Eda K.
McAllister 1-1-223 Davis Farm 97.72 Schultz W-30'-E-IOO'-376 Davis Farm 12.39
William C. & Jean E. ThomasJ. Kramer S-30'-E-90'-E-IOO'Davls Farm 74.74
Runde 2-1-223 Davis Farm 51.73 375 ,
Paul J. & Viola Meyers S%-222 Davis Farm 74.74 Fannie Tippe N-30'-E-90'_E-IOO' Davis Farm 74.74
Larry, A. & Bernice F.
Troester N%-222 Davis Farm 74.74 375
Mathew P. & Shirley A. Robert W. & Harriet
Gasper 221 Davis Farm 149.48 Runde S-36'-E-170'-374 Davis Farm 89.69
Mary DeFontaine 220 Davis Farm 149.48 Jerome J. & Anita Meyer N-24'-E-170'374 Davis Farm 59.79
Harriet D. Schneider & Jerome J. & Anita Meyer S-36'-E-170'-373 Davis Farm 89.69
Janaan M. Besch 1-1-218 & 219 Davis Farm 84.69 Kenneth L. & Margaret N-24'-E-i70'-373 Davis Farm 59.79
Edna Willy 2-1-218 & 219 Davis Farm 24.90 Ziegenfuss
Edna Willy 2-218 & 219 Davis Farm 108.37 David J. & Mary V.
Gerald M. & Mary C. Ostrander 2-1-372 Davis Farm 87.20
McGrath 3-218 & 219 Davis Farm 108.37 David J. & Mary V.
Wm. H. & Mary A. Rector 4-218 & 219 Davis Farm 108.69 Ostrander 1-1-372 Davis Farm 62.27
Donald M. & Harriet Love S-40'_217 Davis Farm 99.93 David J. & Mary V.
Michael J. Buelow N-20'-217 Davis Farm 49.97 Ostrander E-86'6"-E-170'-371 Davis Farm 149.48
Michael J. Buelow S-20'-216 Davis Farm 49.97 Frank W. Thumser a/k/a 149.48
Donald W. & Agnes Frank William Thumser E-85'-E-170'-370 Davis Farm
Schuster const: Harold Margaret Boll S%-E-90'6"-E.170' Davis Farm 74.74
S. & Viola M. Lambaugh 369 ,
N-40'-216 Davis Farm 99.93 Wm. R. & Marie EWe N%-E-90'6"-E-170'-
Donald W. & Agnes Billington 369 74.74
Schuster coni. Harold James L. & Shirley A.
S. & Viola M. Lambaugh S-40'-215 Davis Farm 99.93 Chapman E-170'-368 Davis Farm 149.48
Garry J. & Lynne T. Pape I-I-N-I/3-215 Davis Farm 49.97 Mabel E. Dalbkermeyer E-170'-367 Davis Farm 149.48
76
Regular Session, February 7,1977
¡
133.46
Louise Schroeder
Ronald J. Sr. & Norma J.
Francois
Ronald J. 5r. & Norma J.
Francois
James L. & Anna Mae T.
Lewis
James L. & Anna Mae T.
Lewis
Benjamin R. & Margaret
B. Atchison
William B. & Shirley A.
Montelius
Louis F. & Catherine Noel
Robert W. & Charolette L.
McMullin
William R.Jr. & Janet Mae
Winter
Clarence A. & Eileen
Breitbach
Joseph A. & Georgia S.
Baxter
Lawrence A. & Anne H.
Blondin
Robert & Elizabeth Meyer
Emma Dodge
Russell & Margt. Lewis
Earl S. Bemis
Helen M. Vorwald
Russell G., Nelda E., Rev.
J.L. & John M. Kissling
Lester & Celestine Butler
Harriet Ziereis
David W. & Mary E.
Wright
Iowa 011 Company
N-50'-223
S-1.5'-223
N-48'9"-224
5-1.5'-224
N-23'7"-225
5-26'5"-225
N'h-226
S'h-226
N'h-227
5"1-227
N'h-228
5"1-228
N'h-229
5"1-229
N'h-230
S'h-230
N'h-23 I
S'h-231
N'h-232
S'h-232
233
234
S-34'3"-E-90'-
E-170'-366
Howard J. & Dorothy A.
Meyer N-25'7"-E-90'-
E-170'-366
Marie K. & Merl Adams
Keith 5teuer
Julien Improv~ment Co.
cont: Albert A. & Carol
M.MilIer
Lester R. & Rosemary A.
Riesing
Ronald J. & Deanna Mae
Kelley
Robert H. & Helen A.
Niday
Charles W. Rusch
ClarenceP.Grutz
Gerald L. Flores
Eldon L. &
Schromen
Mildred
ArthurW.Jungblut
Arthur W. Jungblut
Frances J. Loanjers cont:
Eleanor Slattery
Norbert & Doris J. Tigges
cont: Robert W. & Pa-
tricia G. Revelle
Glendale Add.
Glendale Add.
4.00
Glendale Add.
130.12
Glendale Add.
4.00
Glendale Add.
62.94
70.07
Glendale Add.
Glendale Add.
Glendale Add.
66.73
66.73
Glendale Add.
66.73
Glendale Add.
66.73
Glendale Add.
66.73
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
66.73
66.73
66.73
66.73
66.73
66.73
66.73
Glendale Add.
Glendale Add.
Glendale Add.
66.73
66.73
133.46
133.46
Glendale Add.
Davis Farm
85.33
Davis Farm
63.71
Davis Farm
24.42
Davis Farm
Davis Farm
125.05
149.48
I-E-170-362
E-85'-E-170-363 Davis Farm
Davis Farm
149.48
74.74
2-E-170'-362
E-170-361
E-170'-360
E-90'-S-28'-E-
170-359
E-90'-N-32'-E-
170'359
Davis Farm
74.74
Davis Farm
Davis Farm
149.48
149.48
69.75
Davis Farm
Davis Farm
79.73
E-90'-E-170'-5-
40'-358 Davis Farm
E-1O0'-N-20'-358 Davis Farm
S-25'-E-100'-357 Davis Farm
99.64
49.83
62.27
N-35'-E-1O0'-357 Davis Farm
150
87.20
Glendale Add.
133.46
Regular Session, February 7, 1977
1
E-85'-5'h-E-170' Davis Farm Add.
350
HaroldJ. & Anna M. Ernst EV,-NV,-E-170'-35(J)avis Farm Add.
Wilbert J. & Tonieta
Revelle
Nellie L. Link
Gerald Kirton
Roger & Alice Barth undo
"I into & Earl & Dorothy
Gottschalk undo "I int.
cont: John H. & Diana L.
Miller
Dorothy Mary & Howard
Wm. Buelow
Arthur E. Smith & Marie
E. Mangeng
Josepb C. & Stella A.
Schueller
Jacob Nauman
Geo. & Anna pemsl
David G. & Linda J. Pemsl
Kenneth M. & Elda Mae
Droullard
Rose Marie Habel
Donald J. & Rosemary L.
Kieffer
V. G. & Ruth L. Miller
cont: James W. &
Beverly J. Maus
Clara L. Hughes
Marcella M. Gasper
Clara Markey
Minnie Riedl
Clem Krayer
Louis A. & Carol J. Ring
cant: William J.
McDermott
Roeland T. Muntz
Roeland T. Muntz
Elmer A. Wehrspann
John J. & Opal M. Eimer
cont: Thomas W. & Do-
rothy Hopper
John J. & Opal M. Eimer
cont: Thomas W. & Do-
rothy Hopper
John J. & Opal M. Eimer
cont: Thomas W. & Do-
rothy Hopper
Wilbert J. & Tonieta
Revelle
Wilbert J. & Tonieta
Revelle
Edmund & Anita Auderer
cont: Alice M. Voels
Nellie L. Link
Earl J. Heitz
Earl J. Heitz
N'h-151
Glendale Add.
S'h-151
Glendale Add.
Howard J. & Dorothy A.
Meyer E-90'-5-9-8"-E-
170-365
E-90'-N-50'2"-E-
170-365
E-170-364
N';'-152
Glendale Add.
S'h-152
153
N';'-154
5"1-154
155
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
N'h-156
5"1-156
Glendale Add.
Glendale Add.
N'/,-157
Glendale Add.
5"1-157
NY,-158
S'h-158
159
N'h-160
S'h-160
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
161
I
2
3
Glendale Add.
Paul Trauts Sub.
Paul Trauts Sub.
Paul Trauts Sub.
E-170-354
Davis Farm Add.
Pt.I-E-170'-353 Davis Farm Add.
2-E-170'-353
Davis Farm Add.
E-85'-E-170'-352 Davis Farm Add.
E-85'-E-170'-351 Davis Farm Add.
S'h-E-170'-349
E-85'-N'h-E-170'
349 ,
S-20'-E-85'-E-
170'-348
N-40'-E-85'-E-
170'-348
S-10'-E-85'-E-
170'-347
Davis Farm Add.
Davis Farm Add.
Davis Farm Add.
Davis Farm Add.
Davis Farm Add.
Leonard J. & Mildred J.
Schroeder N-50'-E-85'-E-
170'.347
N'h-74
Roy J. & Viola C. pfeller
John N. & Jeanette D.
Fondell
Leo N. & Pauline C.
Hingtgen
Lillian Smyth
Davis Farm Add.
Lot 10 of Mineral Lot 322
S'h-74
Lot 10 of Mineral Lot 322
75
76
Lot 10 of Mineral Lot 322
Lot 10 of Mineral Lot 322
77
66.73
66.73
66.73
66.73
133.46
66.73
66.73
133.46
66.73
66.73
66.73
66.73
66.73
66.73
133.46
66.73
66.73
133.46
99.64
99.64
99.64
149.48
77.22
72.26
149.48
149.48
74.74
74.74
74.74
74.74
49.83
99.64
24.90
124.57
66.73
66.73
133.46
133.46
78
Regular Session, February 7. 1977
¡
133.46
133.46
Rosella M. Foht
David J. & Jeannette M.
Elgin
Larry M. & Loretta S.
Walters
Clarence H. & Bernice M.
Schuckert
Remi Gansemer
Donald A. & Patricia A.
Freiberger
Marion K. & Eileen H.
White
Carl J. & Marjorie Tuthill
Donita L. & Michael J.
Skahill
Robert O. Bradfield
Clifford L. & Mildred
Muntz cont: James D. &
Rosalie E. Schaffer
Robert L. & Carol S.
Nesteby
Leroy E. & Freda Foell undo
% int. and Helen
Schueller undo % Int.
George A. & Sharon K.
Frommelt
Ernest A. Jr. & Linda L.
Pfeiffer
Ernest A. Jr. & Linda L.
Pfeiffer
Ernestine Klein
77
Glendale Add.
78
79
Glendale Add.
Glendale Add.
133.46
133.46
133.46
80
81
Glendale Add.
Glendale Add.
82
83
84
Glendaie Add.
133.46
133.46
133.46
Glendale Add.
Glendale Add.
85 Glendale Add.
E-85'-E-170'-346 Davis Farm Add.
133.46
149.48
2-E-170'-345
Davis Farm Add.
59.79
I-E-170'-345
Davis Farm Add.
89.69
E-170'-344
Davis Farm Add.
149.48
S-45'-E-170'-343 Davis Farm Add.
112.11
37.37
N-15'-E-170'-343 Davis Farm Add.
S-IO'-E-170'-342
S"25'-N-50'-E-
170'-342
N-25'-N-50'-E-
170'-342
I-I
l-S\1o-E-170'-339
&
N-IO'-E-170'340
Davis Farm Add.
24.90
Davis Farm Add.
62.27
Hilda A. Weichert
Davis Farm Add.
Leo Eisbach Place
62.27
274.02
Ruth C. Eisbach
Lorraine M. Hohmann
Davis Farm Add.
99.64
Leo L. Jr. & Genevieve
Hartmann
Clarence J. Schueller
Florence F. Herburger
cont: Duane C. Koeller I-E-170'-337
Vincent C. Miller cont:
Leon W. & Bonnie M.
Keil
Herbert A. & Ruth F.
Woller
Herbert A. & Ruth F.
Woller 2
RobertR.&MaryE.Burke 3
Paul H. & Edna C. Hirsch 4
Bernice C. Haupert 5
Mabel Essman 6
Gilbert L. & Marlene M.
Nadermann
Carl E. & Olive M. Heim
George & Anna M. Pemsl
èont:RobertC.&Donna
J. Andresen
Gary R. & Shirley A.
Jameson
Elizabeth M. & Delbert M.
Linden
Ruth L. Tharp cont:
Walter D. & Janet A.
Schickel
Richard P. Kennedy
Alfred A. & Germaine
Auderer
N\1o-E-170'-339 Davis Farm Add.
E-90'-E-170'-338 Davis Farm Add.
74.74
149.48
Davis Farm Add.
141.15
1-2-E-170'-339
Davis Farm Add.
8.30
133.46
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
Glendale Add.
133.46
133.46
133.46
133.46
133.46
Glendale Add.
Glendale Add.
133.46
133.46
Glendale Add.
133.46
10
Glendale Add.
133.46
II
Glendale Add.
133.46
N-26'-12
S-24'-12
Glendale Add.
Glendale Add.
69.40
64.06
2-2-E-170'-334.
Regular Session, February 7, 1977
¡
335 & 336
Davis Farm Add.
Ray H. & Carrol D.
Noggles 1-2-E-170'-334,
335 & 336
Davis Farm Add.
John A. & Harriet E.
Matous
K. E. & Marcella Noonan
Mildred P. & Harold J.
Rieselman
Roy M. & Lena M.
O'Hearn cont: Robert J.
& Ruth Trowbridge
Arthur A. & Emma L. Bast
Richard R. & Eulalia
Unsen
Arnold J. & Marian F.
Gartner
Clara Kuble
Anthony & Eileen Grutz
Pearl Klein
Urban G. & Elda Utbe
Eldora Ehlinger
Robert J. & JoAnn M.
McPoland
Richard D. & Esther M.
Rath
Robert G. & Loretta D.
Steichen
Mulgrew Oil Company
Davis Farm Add.
Davis Farm Add.
I-E-170'-336
I-E-170'-335
I-E-170'-334
Davis Farm Add.
E-85'-E-170'-333 Davis Farm Add.
E-170'-332 Davis Farm Add.
E-85'-E-170'331 Davis Farm Add.
SE\1o-E-170'-330 Davis Farm Add.
NW'h-E-170'-330 Davis Farm Add.
E-170'329 Davis Farm Add.
S\1o-E-170'-328 Davis Farm Add.
NY,-E-170'-328 Davis Farm Add.
E-85'E-170'327 Davis Farm Add.
S\\-E-170'326
Davis Farm Add.
N'I,-E-170'-326
Davis Farm Add.
E-170'-325
1
Davis Farm Add.
Davis Farm Add. Sub. of
E. 170'-322,323 & 324
Davis Farm Add. Sub. of
E.170' 322,323 & 324
Davis Farm Add.
Davis Farm Add.
Davis Farm Add.
Mulgrew Oil Company
Gerald H. & Janet L.
Stecklein 3
Lucille Meyer 4
Donald L. & Lois R. Knapp 9
Dubuque Stamping Mfg.
Company
Theodore N. & Betty L.
Stackis
Patrick K. & Carol M.
Fenelon
Larry C. & Roberta J.
Wolff
Leon W. & Elaine F.
Errthum N\1o-1
Joseph A. & Margt. Busch S\\-I
Arlene K. Hurst N\1o-2
Rita Mae & Allen A. Lange S\1o-2
Dubuque Storage & Trans.
Company
Dubuque Packing
Company
Dubuque Storage & Trans.
Co.
Dubuque Packing
Company
Gerald C. & Joyce
Kirchberg
Margaret Mary Kulander
Charlotte Stoffel
Leo J. & Edwina Gartner
Leo & Hazel Schmitt
Randall H. & Debra R.
Oberfoell
Gertrude M. Weiner
Arno & Armella Kuhl
Leroy M. & Marion R.
Hefel
Matthew R. & Mary E.
Mineral Lot 322
Liebe's Sub. No.2
N'h-I
Liebe's Sub. No.2
S\1o-1
Liebe's Sub. No.2
Liebe's Sub. No.1
Liebe's Sub. No.1
Liebe's Sub. No.1
Liebe's Sub. No. I
1-7
Mineral Lot 322
Packing
2-7
Mineral Lot 322
2-1-3-8
Mineral Lot 322
Packing
1-1-3-8
Mineral Lot 322
1
2
3
4
10
Linehan Park Add.
Linehan Park Add.
Linehan Park Add.
Linehan Park Add.
Linehan Park Add.
II
12
13
Linehan Park Add.
Linehan Park Add.
Linehan Park Add.
Linehan Park Add.
18
79
205.64
205.64
12.39
12.39
12.39
149.48
149.48
149.48
74.74
74.74
149.48
74.74
74.74
149.48
74.74
74.74
149.48
126.28
114.03
114,03
114.03
12.31
623.44
133.46
133.46
133.46
66.73
66.73
66.73
66.73
1,209.89
3.18
21.70
304.45
193.38
84.00
46.76
28.00
184.98
72.60
42.76
20.79
184.98
80
Regular Session, February 7,1977
T
Ney 19 Linehan Park Add. 72.60
Joseph D. & Mary J.
Korman 20 Linehan Park Add. 42.76
Clyde M. & Jeanett B.
Plowman 21 Linehan Park Add. 20.79
Leo A. Furlong d/b/a
Overhead Door
Company 26 Linehan Park Add. 184.98
Charles L. & Dorothy A.
Kane 27 Linehan Park Add. 72.60
Lloyd & Rita Avenarius 28 Linehan Park Add. 42.76
Mary Jane Hirsch 29 Linehan Park Add. 20.79
Flexsteel Industries, Inc. I Great Western Sub. No.
I 1,646.98
2,081.68 ton
2,020.52 ton
2,673.17 ton
330.753 ton
1,731 gal.
82.34 ton
412.65 ton
12.164 sta.
1,157.7 !in. ft.
508.31 sq. yd.
382.48 sq. yd.
128.07 sq. yd.
1,366.63 sq. ft.
175.09 sq. ft.
28 no. of
30 no. of
10 no. of
21 no. of
22.48 square
2 no. of
Lump
3no.of
1O5.7Iin. ft.
465.3 !in. ft.
251.6 !in. ft.
113.8 !in. ft.
74 !in. ft.
193 !in. ft.
2431in. ft.
18.5Iin. ft.
778.llin. ft.
8 no. of
8 no. of
8 no. of
4 no. of
0.95 26.297.00
9.20 19,151.46
9.85 19,902.12
9.85 26,330.72
75.50 24,971.85
0.45 778.95
23.00
11.85
150.00
5.50
10.00
13.00
1.35
1.10
1.25
70.00
40.00
70.00
140.00
27.77
75.00
100.00
500.00
20.00
3.00
4.71
5.19
6.64
1.00
0.30
190.00
60.50
55.00
225.00
1,893.82
4,889.90
1,824.60
6,367.35
5,083.10
4,972.24
172.89
1,503.29
218.86
1,960.00
1,200.00
700.00
2,940.00
624.27
150.00
100.00
1,500.00
2,114.00
1,395.90
1,185.04
590.62
491.36
193.00
0.60
0.45
145.80
8.33
233.43
1,520.00
484.00
440.00
900.00
Me'"",
D",mb" 1,977
D",mb" I. 1978
D",mb" I. 197'
D",mb" I. 1980
D",mb" I. 1981
D",mb" I. 1'82
D",mb" I. 1'83
D",mb"I,I984
D",mb" I. 1'85
D",mb"I,I986
Regular Session, February 7, 1977 81
I
2 no. of Controller installation (post mount)
@ 86.00 172.00
2 no. of Service installation, traffic signal @ 269.00 538.00
4 no. of Walk button and sign installation @ 57.00 228.00
2no. of Removal, existing signal foundation
@ 50.00 100.00
2 no. of Removal, existing signal and
standard @ 53.00 106.00
4 no. of Sign installation, 36"x36" @ 25.00 100.00
275.6Iin. ft. Concrete or aspbalt sawing @ 1.25 344.50
I no. of Foundation, mastarm, 36" sq. x 6'
deep @ 350.00 350.00
I no. of Mastarm post installation @ 175.00 175.00
2 no. of Sign installation, 30" x 36" @ 25.00 50.00
566.3 cu. yd. Excavation-Class 10 @ 2.35 1,330.81
368.15 ton Driveway surfacing material @ 5.00 1,840.75
Extra work-sanitary sewer repair at
32nd Street @ Lump 632.44
156lin. ft. Loop detector @ 4.50 702.00
2 no. of 6"x6"x6"pullbox @ 65.00 130.00
------
$173,423.40
tion thereof to the City Council and the
City Council has ascertained the cost
thereof and has determined that
$33,008.07 Dollars of the cost thereof
shall be assessed against the property
subject to assessment therefor; and
WHEREAS public notice, as provided
by law, has been published by the City
Clerk stating the intention of the City
Council to issue bonds for the purpose
of providing for the payment of the
assessed cost of said improvement and
a pub!ic hearing has been held, pur-
suant to such notice and all objections
made thereto have been considered and
determined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque:
I. That to provide for the payment of
the assessed cost of: The improvement
and reconstruction of Jackson Street
from 22nd Street to Diamond Street,
there may be issued street improvement
bonds in the amount of $33,000.00 Dol-
lars in anticipation of the deferred
payment of assessments levied for such
improvement.
2. Such bonds shall be called street
improvement bonds; and shall bear the
date of April I, 1977; and shall be num-
bered consecutively; and they shall be
numbered, divided into series, and be in
such denominations and for such ma-
turity dates as are shown in the follow-
ing table:
S..I.. Bond
No. No.
I 1.4
2 5.8
3 9.12
4 13.15
5 16.t8
8 19.21
7 22,24
8 25.27
9 28.30
10 31.33
Construction Cost
Construction Cost
Equipment Cost
$173,423.40
14,244.25
$33,008.07
All of which is assessed in proportion to special benefits conferred.
3,390 sq. yd. Removal of pavement @ $ 1.00 $ 3,390.00
27,682 sq. yd. Removal of asphalt concrete
surface @
Asph. treated base class 2, mixture
size'A" @
A.C. binder course type "A" mixture
size'A" @
A.C. surface course type "A" mix-
turesize'A" @
Asphaltcement,85-IOOpen. @
Tack coat, RC-70 @
Asph. conc. type "A" hand patch-
ing @
Asph. conc. type "A" leveling
course @
Curb and gutterremoval @
P.C. concrete curb type "C" @
P.C. concrete pavement removal @
Class "A" P.C. conc. pavement, 10"
thick @
P.C. sidewalk removal @
4" P.C. concrete sidewalk @
6" P.C. concrete sidewalk @
Adjustment of fixtures, manholes @
Adjustment of fixtures water valve
box @
Adjustment of fixtures, catch basin
@
Manhole casting, ring and cover @
Sod @
Removal of existing structures,
catch basin @
Removal of existing structures,
storm sewer pipe @
Catch basin, type 101 @
15" RCCP, 2,000 D @
Conduit in trench, I" G.B. @
Conduit in trench, I\>\" G.S. @
Conduit in trench, 2" G.S. @
Conduit in trench, 2\>\" Al @
Electric cable #14, AWG, 15-C in
condo @
Electric cable #14 AWG, 12-C in
condo @
Electric cable #10 AWG, 3-C UF in
condo @
Electric cable, # 16 AWG, 2-C,
shielded in conduit @
Foundation, signal post, 20" dia. 48"
deep @
Traffic signal post installation @
Traffic signal head installation @
Magnetic detector installation @
------
Total
Less 70% F AUS Share
Less City Share-
Signals Cost
Assessable Share
Engineering Expense
5% Interest-52 Days
$187,667.65
$131,367.36
25,232.22
$ 31,068.07
$ 1,715.62
224.38
------
Total Assessable Amount $33,008.07
Passed, adopted and approved this
7th day of February, 1977.
Emil Stackls
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 34-77
Resolution providing for the Issuance
of Street Improvement Bonds for
the purpose of providing for the
Payment of the Assessed Cost of:
The Improvement and Recon-
struction of Jackson Street from
22nd Street to Diamond Street.
WHEREAS the contract heretofore
entered into by the City of Dubuuque,
Iowa, for the improvements hereinafter
described has been completed and the
City Manager has certified the comple-
Oenomlnellon
11.000.00
1.000.00
1.000.00
1.000.00
1.000.00
1.000.00
1.000.00
1.000.00
1,000.00
1.000.00
82
Regular Session, February 7,1977
3. Said bonds shall bear interest at a
rate not to exceed seven per cent (7%)
per annum, payable annually in accor-
dance with coupons thereto attached:
4. Said bonds shall not make the City
of Dubuque liable in any way, except
for tbe application of said special
assessment funds.
5. Said bonds shall provide that they
may be payable at any time prior to the
maturity date stated therein at the op-
tion of the City of Dubuque and shall be
in substantially the following form:
No. "",,".
Series No. "".""".
CITY OF DUBUQUE
Street Improvement Bond
The City of Dubuque in the State of
Iowa promises to pay as hereinafter
mentioned to the bearer hereof, the sum
of one thousand dollars with interest
thereon at the rate of """" per cent per
annum,payable .",,'" annually, on the
presentation and surrender of the in-
terest coupons hereto attached. Both
principal and interest of this bond are
payable at the office of the City Trea-
surer in the City of Dubuque, in the
State of Iowa. This bond is issued by the
City of Dubuque under and by virtue of
Chapter 384 of the 1975 Code of!owa, as
amended, and the Resolution of said
City duly passed on the 7th day of Fe-
bruary, 1977, being Resolution No.
34-77.
This Bond is one of a series of 33
bonds, all for $1,000.00 numbered from I
through 33, and one for $"""" numbered
"". all of like tenor and date, and
issued for the purpose of: financing the
deferred portion of the assessed cost of
the improvements and reconstruction
of Jackson Street from 22nd Street to
Diamond Street, as described in said
Resolution, in said City, which cost is
payable by the abutting and adjacent
property along said improvements and
is made by law a lien on all of said
property. It Is payable only out ot the
Special Assesament Fund 1310 creat-
ed by the collection of said sp.cial tax,
and. said fund can be used for no other
purpose.
It is hereby certified and recited that
all the acts, conditions a.nd things
required to be done, precedent to and in
issuing this series of bonds, have been
done, precedent to and in issuing this
series of bonds, have been done, hap-
pened, and performed, in regular and
due form, as required by law and said
Resolution, and for the assessement,
collection and payment hereon of said
special tax, the full faith and diligence
of said City of Dubuque are hereby
irrevocably pledged. IN TESTIMONY
WHEREOF the City of Dubuque by its
Council has caused this bond to be
signed by its Mayor and countersigned
by its City Clerk and the Seal of said
City to be thereto affixed this 7th day of
February, 1977.
Mayor
City Clerk
6. That the Mayor and City Clerk be
and they are hereby instructed to cause
said bonds to be prepared and when so
prepared to execute said bonds and that
the City Treasurer be and he is hereby
instructed to register said bonds in a
book kept for that purpose.
7.. That the City Treasurer is hereby
Instructed to sell said bonds in the
manner provided by law, the proceeds
of said sale to be placed in a special fund
to be known as Fund 1310 and paid out
by him to pay the cost of said contract.
8. That the interest coupons attached
to the bonds be signed with the facsimile
signature of the Mayor and counter-
signed with the facsimile signature of
the City Clerk.
9. That as fast as funds allow, begin-
ning with the second year after the
payment of interest due, these bonds
shall be called and retired in tbe same
order as numbered.
10. Notice of election to call these
bonds shall be given by regular U.S.
Mail addressed to the last known ad-
dress of the purchaser.
Passed, adopted and approved this
7th day of February, 1977.
Emil Stackls
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - MayorStackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Application of Richard P. & Mildred L.
Henschel requesting annexation of
27.414 acres in Table Mound Twp. de-
scribed asLot2 of!; and Lot2 oflot I of
I of!; and Lot I of! of! of! of! of! of!
of I of I; all in Henschel's Black Forest
Subd., presented and read. Councilman
Pregler moved that the application be
referred to the Council Meeting of
Regular Session, February 7,1977
83
Feburary 21, 1977. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
A RESOLUTION approving exten-
sion of territorial limits of the City as
petitioned for by Richard P. & MildredL.
Henschel, presented and read. Council-
man Pregler moved that the resolution
be referred to the Council Meeting of
February 21, 1977. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 2, 1977
Honorable Mayor and
Members of City Council
The City of Dubuque through its
Police Department participates on a
regular basis in a training program
funded in part by the Federal govern-
ment, the State, and the City.
At the present time five officers are in
basic training, and the division of costs
is as follows:
Federal
State
City
$1,296.72
77.80
66.28
1,440.80
The attached resolution authorizes
the City to apply for the federal and
state shares through the Northeast
Iowa Area Crime Commission.
Gent Wittenberg
Assistant City Manager
Councilman Pregler moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas '- Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
MATCHING RESOLUTION
No. 35-77
WHEREAS, the City of Dubuque of
Iowa, by resolution duly passed here-
tofore, has resolved that it will provide
during the approved project period cash
funds for the following Iowa Crime
Commission project:
Tille Amount 01 Funds
of Project Being Provided
Basic Law
Enforcement $66.28
Training
Passed this 7th day of Feburary, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
$66.28
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 2, 1977
To the Honorable Mayor
and City Council
We are pleased to submit the plans
. and specifications for the Terminal
Street Force Main. This is the last of a
series for improvements to the
Wastewater Treatment Facilities dating
back to 1973. The estimate for the im-
provement is $1,590,500, which is being
financed 55% by the Federal Environ-
mental Protection Agency, 25% by the
Iowa Department of Environmental
Quality, and 20% by local funds.
The project is an integral part of the
total Phase 11 program, and is included
as a construction item in the consent
order issued by tbe Department of En-
vironmental Quality and signed by the
City Council on May 25, 1972 and later
amended on November 18, 1974.
At this time we are asking that a
public hearing be set for the project, and
authorization to begin the forty-five day
advertising period for the receipt of bids.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 36-77
Approval of Preliminary Estimate, in
the amount of $1,590,500., for plans and
specifications for construction of
Wastewater Treatment Facilities Con-
tract I Terminal Street Force Main,
presented and read. Councilman Pregler
moved adoption of the resolution.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
(Necessity lor Improvement)
RESOLUTION NO. 37-77
WHEREAS, proposed plans,
specifications, and form of contract
have been duly prepared and approved
by the City Council of the City of
84
Regular Session, February 7, 1977
Dubuque, Iowa, and are now on file in
the office of the City Clerk showing
among other things the following:
I) The plan nf such improvement
2) An estimate of the cost of the im-
provement for the Terminal Street
Force Main Wastewater Treatment
Facilities Phase II Contract I
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
property owners at the time of the final
consideration of this proposed resolu-
tion have on file with the City Clerk,
objections to the amount of the cost of
the improvement, they shall be deemed
to have waived all objections thereto.
Siad improvement shall be construct-
ed and done in accordance with the
plans and specifications which have
been approved by the City Council and
are now on file with the City Clerk. That
the cost and expense of making said
improvement will be paid from a Federal
and State grant, and from the Sanitation
Sewage Rental Fund.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 7th day of
February, 1977.
Approved and placed on file for final
action.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
WaIter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved approval
of the resolution. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
(Fixing Date of Hearing)
RESOLUTION NO, 38.77
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its
preliminary approval on the proposed
plans, specifications, and form of con-
tract and placed same on file in the
office of the City Clerk for public in-
spection for the Terminal Street Force
Main, Wastewater Treatment Facilities,
Phase II Contract I.
BE IT THEREFORE RESOLVED that
on the 2ist day of February 1977, a
public hearing will be held at 7:30 P.M.
in the Council Chamber of the City of
Dubuque at which time the objectors
for the proposed improvement may ap-
pear and make objection to the
proposed plans and specifications and
proposed form of contract, to the cost of
the improvement 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 new-
spaper published in the City ofDubuque
which shall be not less than four (4) days
nor more than twenty days prior to date
of hearing and said Clerk is further
instructed to advertise for proposals for
the construction of the aforementioned
improvement.
Passed, adopted and approved this
7th day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
WaIter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 39-77
BE IT RESOI. VED by the City Coun-
cil of the City of Dubuque, Iowa, that
the following having complied with the
provisions of Law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cigar-
ettes and Cigarette Papers within said
City.
Gary L. Bleile, 113 Main Street
Passed, adopted and approved this
7th day of February, 1977.
EmilStackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Stackis moved adoption of the
resolution. Seconded by Councilman
Brady. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Regular Session, February 7, 1977
85
---~
.
RESOLUTION NO. 40-77
WHEREAS, applications for Beer
Permits have been submitted to this
Council for approval and the same have
been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the following
applications be granted and permits
issued upon the compliance with the
terms of the Ordinances of the City.
CLASS "B" BEER PERMIT
JFK Fast Foods, Inc" (Also Sunday
Sales), 2075 JFK Road,
CLASS "C" BEER PERMIT
Gary Leon Bleile, Main Street Beer
Store, 113 Main Street
Lucky Stores, Inc" Eagle Discount
Supermarket 130, 1800 Elm St.
Lucky Stores, Inc" Eagle Discount
Supermarket 144 3033 Asbury St.
Lucky Stores, Inc. May's Durg Store
204, 3049 Asbury St.
Passed, adopted and approved this
7th day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
JamesE.Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Stackis moved adoption of the
resolution. Seconded by Councilman
Brady. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler,Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 41.77
WHEREAS, applications for Beer
Permits were filed by the within named
applicants and they have received the
approval of this Council; and
WHEREAS, the premises to be oc-
cupied by such applicants were inspect-
ed and found to comply with the Ordin-
ances of this City and they have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "B" BEER PERMIT
JFK Fast Foods, Inc" (Also Sunday
Sales), 2075 JFK Road.
CLASS "C" BEER PERMIT
Gary Leon Bleile, Main Street Beer
Store, 113 Main St.
Lucky, Stores, Inc., Eagle Discount
Supermarket 130, 1800 Elm St.
Lucky Stores, Inc" Eagle Discount
Supermarket 144, 3033 Asbury St.
Lucky Stores, Inc" May's Durg Store
204,3049 Asbury St.
Passed, adopted and approved this
7th day of February, 1977.
Emil Stackis
Maynr
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Stackis moved adoption of the
resolution. Seconded by Councilman
Brady. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 42.77
WHEREAS, applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined;
NOW THEREFORE BE IT RESOL-
VEED by the City Council of the City of
Dubuque, Iowa, tha t the following ap-
plications be approved and licenses is-
sued upon the compliance with the
provisions of Chapter 131, Acts of the
First Regular Session 64th General
Assembly.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Rita Clancy, 210 East 22nd St.
Lorraine A. Fransen, (Also Sunday
Sales), 1100 Lincoln Ave.
Gerald C. Kirchberg, 3203 Jackson St.
Beverly A. Larsen, (Also Sunday Sales),
1701 Central Ave.
Passed, adopted and approved this
7th day of February, 1977.
Emil Stackis
Mayor
ThomasA. Tully
Richard Wertzberger
James E. Brady
WaIter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Stackis moved adoption of the
resolution. Seconded by Councilman
Brady. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 43-77
WHEREAS, applications for Liquor
Licenses were filed by the within named
86
Regular Session, February 7,1977
applicants and they have received the
approval of this CoUncil; and
WHEREAS, the premises to be oc-
cupied by such applicants were inspect-
ed and found to comply with the State
Law and all City Ordinances relevant
thereto and they have filed proper
bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Rita Clancy, 201 East 22nd St.
Lorraine A. Fransen, (Also Sunday
Sales), 1100 Lincoln Ave.
Gerald C. Kirchberg, 3203 Jackson St.
Beverly A. Larsen, (Also Sunday Sales),
1701 Central Ave.
Passed, adopted and approved this
7th day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
JamesE.Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Stackis moved adoption of the
resolution. Seconded by Councilman
Brady. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 44.77
WHEREAS, the Dubuque Municipal
Airport is undertaking a master plan
study for said Municipal Airport; and
WHEREAS, there is a proposed form
of Agreement by and between the City
of Dubuque, Iowa and the Department
of Transportation of the State of Iowa
relating to a grant offer to pay the
state's share of the Master Plan Study
for said airport; and
WHEREAS, the Airport Commission
of the City of Dubuque, Iowa has
recommended that said agreement
relating to said grant offer be approved;
NOW THEREFORE BE ITRE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section ,. That the porposed
agreement between the Department of
Transportation of the State of Iowa and
the City of Dubuque, Iowa relating to
grant offer to pay the State's share of
the Master Plan Study for the Dubuque
Municipal Airport be and the same is
hereby approved.
Section 2. That the Mayor and the
City Clerk be and they are hereby auth-
orized and directed to execute said
agreement for and on behalf of the City
of Dubuque, Iowa.
Section 3. That a certified copy of this
Resolution be attached to said grant
agreement, after execution, for trans-
mittal to the Department of Transpor-
tation of the State of Iowa.
Passed, approved and adopted this
7th day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
JamesE.Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Wertzberger moved that
Sol Tabak, David Loney and Eric Mel-
son be reappointed to the Dubuque
Human Rights Commission for a three
year term expiring 1-1-80. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Pregler, Tully, Wertzberger.
Nays - Councilman Brady.
Communication of Walter A. Pregler
submitting his resignation from the
Dubuque Community Development
Commission, presented and read.
Councilman Tully moved that the com-
munication be received and filed and
resignation accepted with regret.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Abstain - Councilman Pregler.
Communication of City Manager
submitting budget recommendation for
fiscal year July I, 1977 - June 30, 1978;
also an estimate for second year, July I,
1978 - June 30,1979, presented and read.
Councilman Pregler moved that the
communication be received and filed.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Regular Session, February 7, 1977
87
Councilman Wertzberger moved that
the trip to Waterloo by Randall Nigg on
the behalf of the Civic Center Commit-
tee be approved. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
There being no further business,
Councilman Wertzberger moved to ad-
journ. Seconded by Councilman Pre-
gler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Leo F. Frommelt
City Clerk
Councilmen
Approved
ATTEST:
1977
Adopted
.. 1977
City Clerk
/
.I
88
Special Ses8ion, February 21, 1977
CITY COUNCIL
Tully moved that the minutes be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None,
Communication of Planning & Zon-
ing Commission submitting minutes of
their meeting of February 2, 1977, pre-
sented and read. Councilman Tully
moved that the minutes be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Transit
Trustee Board submitting minutes of
their meeting of January 27, i977, pre-
sented and read. Councilman Tully
moved that the minutes be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Community
Development Commission submitting
minutes of their meeting of January 25,
1977, presented and read. Councilman
Tully moved that the minutes be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger,
Nays-None.
Communication of Dubuque Art
Ass'n. indicating they would be honored
to serve as permanent custodians of the
1976 Series of Bicentennial Frank Lic-
ciardi paintings, presented and read.
Councilman Wertzberger moved to su-
spend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Paul Russo spoke to Council relative
to communication.
Councilman Wertzberger moved that
the communication of Dubuque Art
Ass'n. be received and filed and referred
to City Solicitor, Five Flags Committee
and City Manager. Seconded by Coun-
cilman Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication' of Iowa D.E.Q. issu-
ing operation permit for Wastewater
Treatment Plant; Construction permit
OFFICIAL
Special Session, February 21, 1977.
Council met at 7:30 P.M. (C.S.T.)
Present- Mayor Stackis, Council.
men Brady, Pregler, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Stackis read the call and stated
that service thereof had been duly made
and this Meeting is called for the pur-
pose of CONDUCTING A PUBLIC
HEARING ON THE RESOLUTION OF
NECESSITY FOR CONSTRUCTION OF
TERMINAL STREET FORCE MAIN
WASTEWATER TREATMENT FACILI-
TIES and acting upon such other busi-
ness as may properly come before a
Regular Meeting of the Council.
The following proclamations were
read and approved and signed by Mayor
Stackis: Proclaiming March 17, 1977 as
"Minority Day"; Week of February 17th
as "Freedom Week"; Week of February
22 to 28th as "National Engineers
Week"; Week of March 6th thru March
12th as "Girl Scout Week"; and Week of
March 13 thru 20 as "Jaycee Jelly
Week".
Communication of Housing Rehabili-
tation Commission submitting minutes
of their meeting of January 25, 1977,
presented and read. Councilman Tully
moved that the minutes be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Playground &
Recreation Commission submitting
minutes of their meeting of January 31,
1977, presented and read. Councilman
Tully moved that the minutes be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays- None.
Communication of Board of Dock
Commissioners submitting minutes of
their meeting of January 19, 1977, pre-
sented and read. Councilman Tully
moved that the minutes be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tylly, Wertzberger. I
Nays-None.
Communication of Five Flags Center
Building Committee submitting min-
utes of their meeting of January 27,
1977, presented and read. Councilman
Special Session, February 21,1977
89
.
for water main extension-Hansel Indus-
trial Park; Construction permit for san-
itary sewer extension for Hansel Indus-
trial Park, presented and read. Council-
man Tully moved that the cOmmunica-
tion be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully. Wertzberger.
Nays-None.
Communication of Iowa D.E.Q. ack-
nowledging Wastewater Treatment
Facility Progress Report, presented and
read. Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February IS, 1977
Honorable Mayor and
Members of the City Council
We have approved the following
bonds and policies for filing and desire
to have your approval of same.
IOWA OFFICIAL BOND
R.N. Russo, Western Surety Company,
Bond No. 5122316 $1,000, 3-1-77 to
3-1-78.
GENERAL LIABIL TY POLICY
Dubuque Plumbing & Heating Co.
Policy No. MP 535004 from 2-1-77 to
2-1-78.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed
and filing be approved. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 15, 1977
Honorable Mayor
and City Council
I am returning to you the petition of
Sinclair Marketing, Inc. requesting the
vacation of Terminal Street.
I recommend that the petition be
denied since that section of Terminal
Street which is indicated to be vacated
is in use by vehicular traffic.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
recommendation be approved and
referred to the Dock Commission for
negotiation at time of Sinclair's lease.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February II, 1977
Honorable Mayor and
Members of the City Council
Re: Conditional Use Permit
In compliance with the provisions of
Article VI, Section 6-106.6 Ordinance
32-75, known as the Zoning Ordinance
of the City of Dubuque, Iowa you are
hereby notified that a conditional use
permit was granted on January 20,1977,
under the provisions of Article IV, Sec-
tion 104.4 of said Ordinance, to HilIcrest
Family Services to operate a group
home at 561 Jefferson Street.
Richard J. Feyen
Building Commissioner
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 16, 1977
Honorable Mayor
and City Council
I am returning to you the petition of
Roger Dolan requesting the extension
of an alley which runs between North
Algona and Auburn.
The Public Works Director has
reviewed the proposal and it is recom-
mended that the petition be granted.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
recommendation be approved. Second-
ed by Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 16, 1977
Honorable Mayor
and City Council
At your direction we have met with
Mr. Peter Takos in connection with the
contents on the attached letter.
This is to advise that we have been
unable to arrive at a satisfactory arran-
gement in connection with the 4th
Street location. Mr. MilIer has indicated
through Mr. Takos that they wish to
purchase the property outright or enter
into a lease arrangement ofnotIessthan
50 years. It is our opinion that due to the
uncertainty of the future development
of the total 4th Street area that the land
in question not be sold. It was indicated
however to Mr. Takos that a five year
90
Special Session, February 21,1977
lease arrangement would be recom-
mended to the City Council.
The other matter under discussion
concerns the location of a sanitary
sewer on premises owned by Mr. Miller
on Southern Avenue. Upon advice of the
City Attorney, we have advised Mr.
Takos that the city has no liability in
this matter.
We anticipate that Mr. Miller will be
present at the Feburary 21 Council
meeting.
Gilbert D. Chavenelle
City Manager
Peter J. Takos Sr., addressed the
Council relative to the communication,
requesting to examine City policy in
handling industry; Without Mr. Miller's
business, Celotex would stop: Suggest-
ed 5 year lease is not adequate; Original
intent was to buy; this industry supports
250 jobs.
Councilman Pregler moved that the
communication of City Manager be
referred back to Staff, Vacate alley - 5
year option on Market Square to either
buy or renew. Seconded by Councilman
Tully. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 16, 1977
Honorable Mayor
and City Council
The Office or Revenue Sharing
requires the recipient governmental
unit receiving revenue sharing funds to
submit semi-annual reports identifying
how revenue sharing funds were
expended.
The attached report covers the period
of July I, 1976 through December 31,
1976. This report must be published in
the local newspaper for the benefit of
the citizens of the community.
You are hereby requested to author-
ize the City Manager to sign this report
and to authorize its publication. After
publication the report will be forwarded
to the Office of Revenue Sharing.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the,
authorization be approved and report be
published. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 21,1977
Honorable Mayor and
Members of the City Council
The regula.tions governing General
Revenue Sharing funds require the
recipient government to hold a public
hearing on how such funds are to be
used in relation to its entire budget
before the budget is finally approved.
The attached notice contains the ap-
propriate language to conform with the
Federal requirements and will be pub-
lished on February 25, as set forth in the
Budget Calendar.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that the
communication be received and filed
and publication be approved. Secon~ed
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of N.E. Iowa Crime
Commission submitting a matching
fund schedule computed on a percen-
tage of population basis for communi-
ties desiring to contribute matching
funds to the Commissions matching
fund schedule, presented and read.
Councilman Tully moved that the com-
munication be referred to Council for
consideration. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 16, 1977
Homorable Mayor
and City Councilmen
On July 12, 1973, Susan Radabaugh
commenced an action against the City
of Dubuque, Iowa claiming damages in
the amount of $15,000.00 by reason of
personal Injuries allegedly suffered in
traveling a street on which barricades
had been Improperly installed and on
which a retaining wall had collapsed
and other specifications of negligence.
Said action was docketed as Law No.
39941 in the District Court of Dubuque
County, Iowa, and said matter was
referred to the City Attorney for
defense; and thereafter the City of
Dubuqûe brought cross-petition against
William Becker & Sons Stone Company
alleging that said contractor was on the
job site and that they had failed to
adequately protect the job site by in-
stallation of appropriate barricades; and
thereafter said WiIliam Becker & Sons
brought in other defendants claiming
that said barricades had been wrongful-
ly removed.
The matter went to hearing before a
jUry, and the jury awarded the plaintiff
the sum of $7,500.00 as damages.
Special Session, February 21,1977
91
That thereafter, while matters
remained to be adjudicated between the
City and the other cross -defendants, an
officer of settlement was made in the
amount of $7,000.00, the other defen-
dants making up the $6,000.00 and the
City contributing the total sum of
$1,000.00 thereto. Said offer of sett-
lement should be approved and the City
Attorney's .office so recommends and
requests that the City Auditor be in-
structed to draw a warrant payable to
Susan Radabaugh in the amount of
$1,000.00 together with a warrant paya-
ble to the Clerk of the District Court of
Dubuque County, Iowa in the amount
of $46.80 representing the City's one-
fourth share ofthetota! costs öf$186.40,
and that the same be transmitted
through the City Attorney for delivery
to the plaintiff upon filing of dismissals
with prejudice and securing releases
from the appropriate cross-defendants.
Copy 01 original notice together with
petition attacbed is returned herewith.
R.N. Russo
City Attorney
Councilman Tully moved that the
communication be received and filed
and recommendation of settlement be
approved. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays ~ None.
February 2, 1977
Honorable Mayor
and City Council
Richard M. Beecher of 3779 W. 9th
Street, Waterloo, Iowa filed claim
against the City of Dubuque on Sep-
tember 3, 1976, claiming damages to his
motor vehicle in the approximate
amount of $310.32 and alleging said
damages occurred on April 28, 1976 as
the result of striking a traffic sign at the
Frontage Road and Devon Drive inter-
section, which sign claimant alleges was
improperly maintained.
This matter was referred to the ap-
propriate City Agency who has made an
investigation thereof and has made
written report to this office that said
matter has been amicably disposed of.
In view of the foregoing, it is the
recommendation of the City Attorney
that the claim of Richard M. Beecher be
denied.
Original claim is returned herewith.
R.N. Russo
City Attorney
Councilman Tully moved that. the
communication be received and filed
and recommendation of denial be ap-
pròved. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Notice of Claim of Karl P. Ricketts, in
the amount of $49.14, for car damage
incurred as the result of driving into an
excavation on Kerper Blvd. on January
20, 1977, presented and read. Council-
man Tully moved that the notice of
claim be referred to the City Attorney
for investigation and report. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis" Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Notice of Claim ofMr. Ray Dearborn,
in an undetermined amount, for per-
sonal injuries received in a fall on an icy
crosswalk near City Mission on Fe-
bruary 8, 1977, presented and read.
Councilman Tully moved that the no-
tice of claim be referred to the City
Attorney for investigation and report.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Notice of Claim of Ambrose Blake, in
an undetermined amount, for car
damage incurred as the result of his car
being driven into by the City Book-
mobile at 350 W. 11th Street on January
4, 1977, presented and read. Councilman
Tully moved that the notice of claim be
referred to the City Attorney for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried by the fol:
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Notice of Claim of Mrs. Elizabeth
Maas, in an undetermined amount, for
personal injuries received in a fall on
Hillcrest Road on February 8,1977, pre-
sented and read. Councilman Tully
moved that the notice of claim be
referred to the City Attorney for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger, Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None. '
Notice of Claim of Economy Fire &
Casualty Co., in an unmentioned
amount, as a subrogation interest in-
volving 'an accident between Jeffrey J.
Decker and their claimant Pamela
Lightfoot on January I, 1977, as a result
92
Special Session, February 21,1977
of Decker being pursued by a police car,
presented and read. Councilman Tully
moved that the notice of claim be
referred to the City Attorney for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Notice of Claim of Mrs. Ellen La-
keman, in an undetermined amount, for
damage incurred to her home as the
result of a broken water main at 892
Cleveland on February 14, 1977, pre-
sented and read. Councilman Tully
moved that the notice of claim be
referred to the City Attorney for inves-
tigation and report. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays- None.
Notice of Claim of Janaan M. Kieffer,
in an undetermined amount, for per-
sonal injuries received in a fall on an icy
sidewalk on College Street on February
13, 1977, presented and read. Council-
man Tully moved that the notice of
claim be referred to the City Attorney
for investigation and report. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 7-77
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED BY ADDING A
NEW SUBSECTION 113 TO
SCHEDULE VI THEREOF TO
PROHIBIT PARKING OF MOTOR
VEHICLES ON THE SOUTH SIDE OF
WOOTEN STREET FROM HILL
STREET TO McCLAIN STREET AND
ON THE NORTH SIDE FROM McCLAIN
STREET EASTWARDLY FOR A DIS-
TANCE OF 165 FEET,
presented and read. Councilman Pregler
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Pregler 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
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 7-77
AN ORDINANCE AMENDING ORDIN-
ANCE NO. 33-49 KNOWN AS THE
"TRAFFIC CODE OF DUBUQUE,
IOWA" AS AMENDED BY ADDING A
NEW SUBSECTION 113 TO
SCHEDULE VI THEREOF TO
PROHIBIT PARKING OF MOTOR
VEHICLES ON THE SOUTH SIDE OF
WOOTEN STREET FROM HILL
STREET TO McCLAIN STREET AND
ON THE NORTH SIDE FROM McCLAIN
STREET EASTWARDLY FOR A DIS-
TANCE OF 165 FEET
NOW THEREFORE BE IT ORDAINED
by the City Council of the City of
Dubuque, Iowa:
Section ,. That Ordinance No. 33-49
known as the "Traffic Code of Dubuque,
Iowa" as amended be and the same is
hereby amended by odding a new Sub-
section 113 to Schedule VI thereof as
follows:
"SCHEDULE VI.
113. South side of Wooten Street from
Hill Street to McClain Street and the
north side from McClain Street
eastwardly for a distance of 165 feet."
Passed, approved and adopted this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 24th day of Fe-
bruary, 1977.
Leo F. Frommelt
City Clerk
112:24
Councilman Pregler moved final
adoption of the Ordinance. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 8-77
AN ORDINANCE CREATING AND ES-
TABLISHING THE DUBUQUE CABLE
TV COMMISSION, DESCRIBING THE
PURPOSES, FUNDING AND MAKEUP
THEREOF, .
presented and read. Councilman Pregler
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman Tul-
Special Session, February 21, 1977
93
Iy. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger. I
Nays-None.
Councilman Pregler 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
Councilman Tully. Carried by the fol-
Inwing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 8-77
AN ORDINANCE CREATING AND ES-
TABLISHING THE DUBUQUE CABLE
TV COMMISSION, DESCRIBING THE
PURPOSES, FUNDING AND MAKEUP
THEREOF.
NOW THEREFORE BE IT ORDAINED
by the City Council ot the City of
Dubuque, Iowa:
Section 14 PURPOSES OF THE
COMMISSION. There is hereby created
and established the Dubuque Cable TV
Commission. The purpose of the Com-
mission shall be as follows:
a. To advise the Council of satisfac-
tory performance ond programming of
TV-FM Cable for every subscriber with
rates and policies which are fair to both
the subscriber and the Cable Company;
b. To develop community access pro-
gramming through the use of, but not
limited to, the community access pro-
gramming funds collected under the
terms of the franchise agreement or ony
other agreement between the City of
Dubuque and the provider of Cable TV
services;
c. To act as trustee for the funds
referred to in subparagraph (b);
d. To act os an official body to receive,
process and report to the City Council
upon complaints of subscribers to Cable
TV services;
e. To investigate, and compile infor-
mation at the request of the City Coun-
cil pertaining to Cable TV services, and
where appropriate, to engage profes-
sional consultants for guidance and
advice, and pay the cost thereof from
community access funds only.
Section 2. FUNDING. CommunIty
access funds collected by the Commis-
sion shall be adminstered by the Com-
mission and may be expended for the
following purposes:
a. To provide airtime, equipment
(purchased, rented or otherwise) and
materials for public access
programming;
b. To søcure expert advice on the
development and operation of com-
munity access programming;
c. To providefor the day to day oper-
ation of the Commission, including, but
not limited to, reimbursement for ex-
penses incuITed in carrying out the pur-
poses of the Commission. The Commis-
sion is authorized to expend. all funds
allocated to it for its operotion. No
Community Access funds so allocoted
shall be returned to the general fund.
Section 3. MEMBERSHIP. Members
of the Commission shall be oppointed in
the following manner:
a. The Commission shall not exceed
nine (9) Commissioners who shall each
serve for a period of two (2) yeors from
the date of their appointment. The
Commissioners shall be appointed by
the Mayor ond approved by the City
Council of the second regular meeting of
the Council in January;
b. The Commission sholl elect a
Chairperson, Secretary, and Treasurer
from among its members at the first
regular meeting of the Commission in
February;
c. The Commission shall meet once a
month at a time and place agreed upon
by its members;
d. All action taken by the Commission
shall be upon an affirmative vote of a
majority of the total number of
members of the CommIssion.
Section 4. LIMITATION ON COM.
MUNITY ACCESS. The Commission
shall have the right to deny community
access funds for any particular pur-
poses. However, in no evenl shall access
to the medio be determined by the
Commission. Access to the media shall
be determined only by the media.
Section 5. ANNUAL REPORT. The
Commission shall provide the City
Council with an annual report to be
submitted at the end of each year and to
contain the following information:
a. The report shall contaIn informa-
tion on the income and expenditures of
the Commission from the funds received
from the Cable Company for public
access;
b. The report shall contain a listing of
comploints hondled by the Commission;
c. The report shall contain progress
through-out the year of progroms
shown over the public access chonnel:
d. The report shall list a summary of
activities, commentary on successes
and failures, and also suggestions for
improvement.
Passed, approved and adopted this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jc
Richard Wertzberger
James E. Brady
94
Special Session, February 21,1977
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officialiy in the Telegraph
Herald Newspaper this 24th day of Fe-
bruary 1977.
Leo F. Frommelt
City Cierk
1t2:24
Councilman Pregler moved final
adoption of the Ordinance. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 9, 1977
The Honorable Mayor
and City Council
On December 17, 1976, a proposed
ordinance was submitted to you for
regulations, requirements and defini-
tion ôf adult entertainment establish-
ments. At the suggestion of the City
Attorney, this matter was referred to
him to consider in the Light of proposed
pending legislation.
It does not appear that the legislation
of interest in this matter will be readily
forthcoming; and in view of the direc-
tions of City Council that they did not
want to delay too long on the adoption
of this ordinance, lam transmitting the
same back to you for appropriate action.
R.N. Russo
City Attorney
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Pregler. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Ed.. Dunn
requesting speedy passage of Zoning
Ordinance governing XXX theatres,
massage parlors, adult book stores in
accordance with that of Detroit, Mi-
chigan, presented and read. Councilman
Tully moved that the communication be
received and filed. Seconded by Coun-
cilman Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Mrs. Marting addressed the Council
stating Committee on Decency trying to
get a stronger enforcement area; They
are in touch with legislatures in Des
Moines; State laws must be changed
first.
AN ORDINANCE amending and
changing Ordinance No. 32-75 known as
the "Zoning Ordinance and Zoning Map
of the City of Dubuque, Iowa" to enact a
new Section 5-108 of Article V thereof,
to set forth provisions therein providing
for regulation, requirements and the
definition of Adult Entertainment
Establishments, presented and read.
Councilman Brady moved that the Or-
dinance be referred back to the City
Solicitor for review. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays- None.
AN ORDINANCE fixing and estab-
lishing the salary for the Mayor of the
City of Dubuque, Iowa, presented and
read. Councilman Tully moved that the
Ordinance be referred to the City
Solicitor for written comment. Second-
ed by Councilman Pregler. Carried by
the following vote: ,
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
AN ORDINANCE fixing and estab-
lishing the salary for the members of the
City Council of the City of Dubuque,
Iowa, presented and read. Councilman
Tully moved that the Ordinance be
referred to the City Solicitor for written
comment. Seconded by Councilman
Pregler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Warehouse Mar-
ket requesting tbat the Ordinance
simply require that if scanners are in-
stalled, the price must be marked on
each item when it reaches the check-
stand rather than have the retailer do
the price marking, presented and read.
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 9.77
AN ORDINANCE TO REQUIRE THE
DISCLOSURE BY RETAIL DISTRIBU-
TORS OF RETAIL UNIT PRICES OF
CONSUMER COMMODITIES AND TO
PROVIDE PENALTY FOR VIOLATION
HEREOF,
presented and read. Councilman Pregler
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Coùncilman
Brady. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Special Session, February 21, 1977
95
Nays""; Councilman Wertzberger.
Councilman Pregler 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
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays - Councilman Wertzberger.
ORDINANCE NO. 9-77
AN ORDINANCE TO REQUIRE THE
DISCLOSURE BY RETAIL DISTRIBU-
TORS OF RETAIL UNIT PRICES OF
CONSUMER COMMODITIES AND TO
PROVIDE PENALTY FOR VIOLATION
HEREOF,
NOW THEREFORE BE IT ORDAINED
by the City Council 01 the City 01
Dubuque, Iowa.
Section 1 DEFINITIONS. As Used in
this ordinance:
(1) "Director" means the market
master of the City of Dubuque, Iowa.
(2) "Consumer commodity" means
ony food, drug, device or cosmetic and
other article, product or commodity of
any other kind ordass, except for drugs
sold only by prescription:
(a) Which are customarily produced for
sale to retail sales agencies of in-
strumentalities for consumption by
individuals, for use by individuals
for purposes of personal care or in
the performance of services ordin-
arily rendered in or around the
hòusehold, and
(b) which usualiy are consumed or
expended in the course of such
consumption or use,
(3) "Total price" òf 0 consumer com-
modity means the fuli purchase price of
a consumer commodity without regard
to units of weight, measure or count,
(4) "Computerized system" means
any device which records and registers
nnd tòtals coded price information for
the purpose of determining the total
amount of consumer purchases.
Section 2. CONSUMER INFORMA-
TION REQUIRED. Every person, firm,
corporation or association who selis,
offers for sale, or exposes for sole at
retail ony aluminum foil, bread, car-
bonatedsoft drinks, cereals, cooking
oils, dog or cat food, facial tissues, fish,
fowl, fruits, grains, meats, napkins,
plastic food wropping, vegetables,
waxed paper or other consumer com-
modity designated by the director, and
who utili2es a computerized system for
checkout, shall stamp or offix on eoch
commodity the tótal price of such còm-
modity in arabic numerals.
Secllon 3. DIRECTOR'S POWERS.
The provisions of this ordinance shalibe
enforced by the director who shali be
charged with the responsibility to report
any pattern of noncompliance to the
City Attorney who shali cause appro-
priate proceedings to be instituted in the
proper courts.
Section 4. PENALTIES. Any person,
firm or corporotion who violates the
provisions of this ordinance shali be
deemed guilty of a misdemeanor and
upon conviction shali be punishable by a
fine or not more than $100.00 or by
imprisonment for a term not exceeding
thirty (30) days.
Passed, approved and adopted this
21st day of Februory, 1977.
Emil Stackis
Mayor
Thomas A. Tuliy Jr.
James E. Brady
Wolter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officialiy in the Telegraph
Herald Newspaper this 24th day of Fe-
bruary, 1977.
Leo F. Frommelt
City Clerk
1t2:24
Councilman Pregler moved final
adoption of the Ordinance. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays - Councilman Wertzberger.
February 15, 1977
To the Honorable Mayor
and City Council
In regard to the Dubuque Yacht Ba-
sin's request to install a sign on the
Kerper median strip, I would advise that
the petition, as submitted, be denied.
I would suggest as an alternate loca-
tion for the sign, the northeast corner of
16th and Kerper, on the Kerper
Boulevard right-of-way. The sign
should be limited to the following:
DUBUQUE YACHT BASIN
SPORTS MART
The size of the sign should be ap-
proximately 3' x 2' and sbould be double
faced for visibility from the north and
south approaches.
I have contacted Mr. Shanley of the
Yacht Basin on this alternate, and he is
agreeable to such a location.
I would therefore recommend that
the ordinance granting him permission
to erect the sign be approved as outlined
herein.
Michael A. Koch
City Engineer
96
Special Session, February 21,1977
Councilman Pregler moved that the
cnmmunication be received and filed.
Secnnded by Mayor Stackis. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
ORDINANCE NO. 10-77
AN ORDINANCE AUTHORIZING
DUBUQUE YACHT BASIN, INC. TO
CONSTRUCT A SIGN,
presented and read. Councilman Brady
mnved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Maynr Stackls.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Brady moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Mayor Stackis. Carried by the follnwing
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
ORDINANCE NO. 10-77
AN ORDINANCE AUTHORIZING
DUBUQUE YACHT BASIN, INC. TO
CONSTRUCT A SIGN
NOW THEREFORE BE IT ORDAINED
BY THE City Council of the City of
Dubuque, Iowa:
Section 1. That D.P. Shanley, C.A.
Hemmer, W. G. Burich as owners of the
premises known as Dubuque Yacht Ba-
sin, Inc. in the City of Dubuque, lowo be
and they are hereby granted the
revocable permit ond outhority to con-
struct and maintain a sign under the
terms and conditions set forth in this
Ordinance.
Section 2. Thot such construction
shall be done in accordance with plans
heretofore submitted by permittees and
approved by City Manager, under the
supervision and direction of the City
Manager, and in accordance with all
applicable stat;' and federal taws and
regulations, and the Ordinances of the
City of Dubuque,
Section 3. Thot the permission herein
granted is expressty conditioned on per-
mittees agreement to:
Dubuque shall become obligated to
pay by reason of the liability im-
posed upon the City of Dubuque for
damages of any kind resulting from
the location, installation, existence,
construction or maintenance of
said sign, sustained by ony person
or persons, caused by accident or
otherwise, to defend at its own ex-
pense and on behaif of said City
any claim against the City of
Dubuque arising out of the loca-
tion, installation, existence, con-
'struction or maintenance of the
sign and to pay reasonabie attor-
ney fees therefor;
(c) To indemnify ond hold City of
Dubuque free and harmless from
any and all claims, loss, liability
and expense for injuries to third
persons or damages to property of
third persons, or for damage to any
property of City of Dubuque which
may OCcur as a result of or in con-
nection with the locotion, installa-
tion, construction, maintenance
and repair of the facility, work or
Improvement permitted herein.
(a) Assume ony and all liability
for damages to persons or property
which may result from the exis-
tence, location, installation, con-
struction or maintenance of said
sign;
(b) To pay on behalf of the City of
Dubuque all sums which the City of
Section 4. Thot the permission herein
granted Is expressly conditioned upon
permittees further agreement that
should the right and privilege herein
granted be rescinded or revoked by the
City Council, permittees, or their suc-
cessors in interest, as owners of the
abutting property, shall within ten (10)
days after receipt of written notice from
the City Manager, so to do, at their own
expense, remove said sign, and in the
event of their failure so to do, the City of
Dubuque shall be authorized to remove
said sign, at permittees expense and
dispose of the same, and the permittees
shall have no claim against the City or
its agents for damages resulting from
the removal of said sign.
Section 5. Permittees covenant and
agree that the revocable permit herein
granted does not constitute an approvai
of the design, erection, locotion, con-
struction, repoir or maintenance of said
facility and said permit fee hereby
covenants ond agrees not to assert such
claim or defense agoinst the City of
Dubuque in the event of claim asserted
for personol injuries and:or property
domage against the permittee arising
out of or in any way connected with the
iocotion, installation, construction, de-
sign, repair and maintenance of the
facility herein permitted.
Section 6. This Ordinance shall
become effective and the rights her-
eunder accrue to Dubuque Yacht Basin,
Inc. when this Ordinance has been
Special Session, February 21,1977
adopted by the City Council and the
terms and conditions thereof accepted
by permittees by acceptance endorsed
on this Ordinance.
Passed, approved and adopted this
21st day of February, 1977.
EmilStackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF ORDINANCE NO.
10-77
The undersigned having read and being
familiar with the terms and conditions
of Ordinance No. 10-77 hereby, for
themselves, their successors or assigns,
as owners of the abutting property,
accept the same and agree to be bound
by the conditions and agreements ther-
ein contained to be performed by
permittees.
Dated February 21, 1977
By: os: Donald P. Shanley
President or Vice-President
or Property Owner
By: :so Charles A. Hemmer
Secretary or other Officer
Published officially in the Telegraph
Herald Newspaper this 24th day of Fe-
bruary, 1977.
LeoF. Frommelt
City Clerk
1t2/24
Councilman Brady moved final adop-
tion of the Ordinance. Seconded by
Mayor Stackis. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque County
Committee for Handicapped Persons
Inc. - Parking Committee submitting
references for background information
for proposed Ordinance for specially
designated parking recently submitted,
presented and read. Councilman Tully
moved that the communication be
referred to the Traffic Department and
City Solicitor for investigation and
report. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque County
Committee for Handicapped Persons
submitting a proposed Ordinance es-
tablishing specially designated places
for the Handicapped in the City of
Dubuque, presented and read. Council-
man Tully moved that the communica-
tion be referred to the Traffic Depart-
ment and City Solicitor for investigation
and report. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque County
Committee for Handicapped Persons
inc., requesting an addition to the
proposed Ordinance "To those persons
confined to a wheelchair or is otherwise
so physically handicapped that he or she
has significant difficulty or insecurity In
walking", presented and read. Council-
nan Tully moved that the communica-
tion be referred to the Traffic Depart-
ment and City Solicitor for investigation
and report. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Council
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Petition of Dubuque Ambassadors
requesting endorsement to submit an
entry in 1977 in the Iowa Community
Betterment competition, presented and
read. Councilman Tully moved that the
communication be received and filed
and request granted. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Chicago, Milwaukee, St.
Paul and Pacific Railroad Company
requesting a quit-claim deed to a por-
tion of the railroad depot property; rail-
road's use of the property was author-
ized by a City Ordinance passed March
23, 1881, presented and read. Council-
man Tully moved that the petition be
referred to the City Attorney. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Petition of Colts Drum & Bugle Corps
requesting the Colts be designated as
Dubuque's Municipal Marching Unit,
presented and read. Councilman Brady
moved that the petition be referred to
Council for study and also referred to
City Manager, Staff, and City Solicitor
for opinion. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
97
98
Special Ses8ion, February 21, 1977
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Douglas J. Heinen
requesting a refund of $25. on the unex-
pired portion of Cigarette License No.
1015, discontinued business on January
23, 1977, presented and read. Council-
man Tully moved that the refund be
granted and City Auditor directed to
issue proper warrant. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - Non..
Petition of Merlin F. Heiar requesting
a refund of $633.75 on unexpired portion
of Beer-Liquor License No. C-6616, dis-
continued business on January 13, 1977,
presented and read. Councilman Tully
moved that the refund be granted and
City Auditor directed to issue proper
warrant. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Theodore Bartman
requesting a refund in the amount of
$211.25 on the unexpired portIon of Beer
-Liquor License No. C-8224, discontin-
ued business on January 4, 1977, pre-
sented and read. Councilman Tully
moved that the refund be granted and
City Auditor directed to Issue proper
warrant. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Proof of Publication, certified to by
the Publisher, on a proposed r.solution
designating structures on City Lot 610
as historically and architecturally sig-
nificant, presented and read. No written
objections were filed and no oral objec-
tors were presented in the. Council
Chambers at the time setfor the hear-
ing. Councilman Pregler moved that the
proof of publication be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque County
Historical Society indicating that the
Heitzman Building at 391 Bluff Street is
of sufficient historical and architectural
import, presented and read. Councilman
Pregler moved that the communication
be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 45-77
A Resolution Designating Structures
on herein aller described Property
as Historically and Architecturally
Significant, pursuant the Requir-
ements 01 Ordinance 1-77
WHEREAS, Ordinance 1-77 has
amended Ordinance 32-75, known as
the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa" to
provide for issuance of Conditional Use
Permits for limited commercial activi-
ties in structures which have been de-
signated as historically and:or architec-
turally significant; and
WHERE~S, said Ordinance 1-77 pr.-
scribes that designation of areas of his-
torical and architectural significance
shall be made in consultation with the
State Historic Preservation Officer; and
WHEREAS, the Dubuque County
Historical Society has endorsed the
concept of a proposed restoration in the
area of properties herein and after
described;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL of
the City of Dubuque, Iowa
Section ,. That structures now ex-
isting on property herein after de-
scribed are historically and architectur-
ally significant and shall hereafter be
included within the designated histor-
ical district established by Resolution
267-73, wit:
Lot I of City Lot 610 in the City of
Dubuqu., Iowa.
Section 2. That the structure on said
described property shall be eligible for
such conditional use permits as may be
authorized by the Board of Zoning Ad-
justment for use of those premises.
Passed, adopted and approved this
21st day of February, 1977.
EmilStackis
Mayor
ThomasA. Tully Jr.
Richard Wertzberger
Jam.s E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified to Pub-
Special Session, February 21. 1977
99
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved final adop-
tion of the Resolution. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady. Pregler, Tully, Wertzberger.
Nays-None.
Decision 01 Council upon objections to
plans, specilications, lorm of contract
and cost 01 Improvements
RESOLUTION NO. 46-77
WHEREAS, proposed plans and
specifications and form of contract for
the Terminal Street Force Main
Wastewater Treatment Facilities Phase
II, Contract I have been approved by the
City Council of the City of Dubuque and
public notice given as provided by the
Code of Iowa, 1975, pertaining to
public contracts and bonds, and the
time and place fixed for the hearing of
all objections to said plans, specifica-
tions or contract for or cost of such
improvements, said time being this 21st
day of February, 1977; and
WHEREAS, the City Council met in
special session this 21st day of February,
1977, at 7:30 o'clock P.M. at the Council
Chambers in the City Hall for the pur-
pose of hearing all interested parties and
considering any and all objections
which have been filed to the proposed
plans, specifications or contract for or
cost of the Improvement herein de-
scribed and proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been dulyweighed and considered; now,
therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, that all
objections which have been made and
filed to the plans, specifications, con-
tract for or cost of said Improvement
herein described and proposed to be
made, be and the same hereby overruled
and such plans, specifications and form
of contract heretofore approved are
hereby adopted.
BE IT FURTHER RESOLVED that
this resolution contai~ing the decision
of this Council upon all objections
which have been filed to the plans,
sp.cifications and form of cost said
improvement be made a matter of per-
manent record in connection with said
improvement.
Passed, adopted and approved this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
lisher. of Notice of Hearing on Resolu-
tion of Necessity for construction of
Terminal Street Force Main
Wastewater Treatment Facilities, pre-
sented and read. No written objections
w.re filed and no oral objectors were
present in the Council Chamber at the
time set for the hearing. Councilman
Pregler moved that the proof of pub-
lication be received and filed. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 37-77
WHEREAS, proposed plans,
specifications and form of contract have
been duly prepared and approved by the
City Council of the City of Dubuque,
Iowa, and are now on file in the office of
the City Clerk showing among other
things the following:
(I) The plan of such improvement
(2) An estimate of the cost of the
improvement for the Terminal Street
Force Main Wastewater Treatment
Facilities Phase II Contract I
BE IT THEREFORE RESOLVED that
the City Council on its own motion,
deems it advisabl. and necessary for the
public welfare to make the herein men-
tioned improvement, and unless
property owners at the time of the final
consideration of this proposed resolu-
tion have on file with the City Clerk,
objections to the amount of the cost of
the improvement, they shall be deemed
to have waived all objections thereto.
Said improvement shall be construct-
ed and done in accordance with the
plans and specifications which have
been approved by the City Council and
are now on file with the City Clerk. That
the cost and expense of making said
improvement will be paid from a Federal
and State grant, and from tbe Sanitation
Sewage Rental Fund.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 7th day of
February, 1977.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 21st day of February
1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard We,rtzberger
James E. Brady
Walter A. Pregler
Councilmen
100
Special Session, February 21, 1977
Richard Wertzberger
James E. Brady
Waiter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tuliy moved adoption of
the resolution. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuliy, Wertzberger.
Nays-None.
(Ordering Construction)
RESOLUTION NO. 47.77
BE IT RESOLVED BY THE City
Council of the City of Dubuque that
pursuant to a Resolution of Necessity
No. 37-77 which was duly passed by this
Council for' the Terminal Street Force
Main, Wastewater Treatment Facilities,
Phase II, Contract I be and the same are
hereby ordered and constructed by this
Council upon Its own motion and with
or without the petition of property
owners. All the work shall be con-
structed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of the said im-
provement be paid from the Federal and
State grant, and from the Sanitation
Sewage Rental Fund.
BE IT FURTHER RESOLVED that
this resolution being deemed urgent and
oflMMEDlATE NECESSITY shall be in
force and effect from and after Its pas-
sage and adoption by the City Council.
Passed, adopted and approved this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tuliy Jr.
Richard Wertzberger
James E. Brady
WaIter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tuliy moved adoption of
the Resolution. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays -, None.
Proof of Publication, certified to by
the Publisher of Notice of Public Hear-
ing to consider proposal of sale of Lot 2
of Lot I of Lot I of Lot I ofLotl of Lot I
of Lot I of Lot I of Mineral Lot 342 to
Ken Palm, presented and read. No writ-
ten objections were filed and no oral
objectors were present in the Council
Chamber at the time set for the hearing.
Councilman Tuliy moved that the proof
of publication be received and filed.
Seconded by Councilman Pregler. Car-
ried by the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuliy, Wertzberger.
Nays-None.
RESOLUTION NO. 48-77
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 February 10, 1977 in
the City of Dubuque, Iowa, the City
Council of the City of Dubuque, Iowa
met on the 21st day of February, 1977 at
7:30 o'clock P.M. (CST) in the City
Council Chambers, City Hali, Dubuque,
Iowa to consider the proposal to dispose
of interest of the City of Dubuque, Iowa
in real estate, hereinafter described, to
Ken Palm; and
WHEREAS, City Council of the City
of Dubuque, Iowa overruled any and ali
objections, oral or written, to the
proposal to dispose of interest of City of
Dubuque, Iowa in the hereinafter de-
scribed real estate to Ken Palm:
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section ,. That the disposal of inter-
est of City of Dubuque, Iowa in and to
and conveyance of
Lot 2 of Lot I of Lot I of Lot I of Lot I of
Loti of Lot I of Lot I of Mineral Lot
342 in the City of Dubuque, Iowa
to Ken Palm be and the same is hereby
approved for the purchase price of
$750.00 plus costs of publication, plat-
ting and recording fees and that no
abstract of title will be furnished, con-
veyance shali be by Quit Claim Deed
and the City of Dubuque will reserve
unto itself ali easements 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 hereby authorized
to execute said deed of conveyance and
the City Clerk be and he is hereby
authorized and directed to deliver said
deed of conveyance to the grantee upon
payment of purchase price in full.
Section 3. That the City Clerk be and
he is hereby authorized and directed to
record a certified copy of this Resolu-
tion in the office of the Dubuque County
Recorder.
Passed, approved and adOpted this
21st day of February, 1977.
Emil Stackis
Mayor
Special Session, February 21,1977
101
Thomas A. Tuliy Jr.
Richard Wertzberger
JamesE.Brady
Walter A. Pregler
City Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tuliy moved adoption of
the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 49-77
Resolution providing lor the Distribu-
tion 01 the Code 01 Ordinances 01
the City 01 Dubuque, Iowa.
WHEREAS, the City of Dubuque,
Iowa has caused to compiled, printed
and published a Code of Ordinances of
the City of Dubuque, Iowa and the
same has now been printed; and
WHEREAS, distribution of the Code
of Ordinances of the City of Dubuque,
Iowa should be provided for.
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council, City of
Dubuque, low",
Section ,. That the copies of the
Code of Ordinances of the City of
Dubuque, Iowa shall be made for sale to
the public at the rate of $50.00 per copy
c.o.d.
Section 2. That one copy thereof
shall be delivered or mailed by the City
Clerk free of charge to each of the
foliowing:
- each City Councilman;
- County Attorney, Dubuque,
Iowa;
- Chairman of Board of SupervI-
sors of Dubuque County, Iowa for
use by Board;
- Law University of State Univer-
sityoflowa;
- such Municipal Department
Head holding office at the time of
publication as the City Manager
shall designate;
- The National Institute of Mun-
icipal Law Officers;
- City Attorney and each Assis-
tand, one copy each.
Section 3. It is further ordered and
directed that the City Clerk cause to be
delivered to the Clerk of the District
Court of Dubuque, County, Iowa seven
(7) copies of the Code of Ordinances of
the City of Dubuque, Iowa for use by the
respective judges of the 1st Judicial
District of the State of Iowa as they may
determine and no charge shali be made
for the same.
Passed, approved and adopted this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tuliy Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Brady moved adoption of
the resolution. Seconded by Council-
man Tuliy. Carried by the foliowing
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Application for annexation by Ri-
chard P. & Mildred L. Henschel for Lot I
of!; Lot2 of! of I of I; and Loti of I of
lofloflofloflofloflaliin
"Henschel's Black Forest" Table Mound
Township, Dubuque County, Iowa, pre-
sented and read. Councilman Pregler
moved that the annexation be ap-
proved. Seconded by Councilman
Wertzberger. Carried by the foliowing
vote:
Yeas - Mayor Stackls, Councilmen
Brady, Pregler, Tuliy, Wertzberger.
Nays-None.
RESOLUTION NO. 50-77
WHEREAS, the owners of an area
approximately 52.264 acres in size lying
immediately south of the city limits of
the City of Dubuque, Iowa now
volmtarily petition tbe City Council for
annexation 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 In the way
of police and fire protection if said ter-
ritory is incorporated within the city
limits of the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of said
territory will be enabled to secure water,
and other municipal services of said
territory if incorporated within the city
limits of the City of Dubuque, Iowa; and
WHEREAS, Chapter 368, Code of
Iowa (1975) authorizes the extension of
city limits in situations of this character
by the adoption of a resolution therefor;
and
WHEREAS. the future growth,
development, and preservation of the
public health of the City of Dubuque,
Iowa, makes it imperative that said
territory 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:
Section ,. That the territorial limits of
---
102
Special Session, February 21, 1977
103
Special Session, February 21,1977
and other municipal services of said
territory if incorporated within the city
Jimits of the City of Dubuque, Iowa; and
WHEREAS, Chapter 368, Code of
Iowa (1975) authorized the extension of
city limits in situations of this character
by the adoption of a resolution therefor;
and
WHEREAS, the future growth,
development, and preservation of the
public health of the City of Dubuque,
Iowa, makes it imperative that said
territory 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:
Section ,. That the territorial limits of
the City of Dubuque, Iowa be and they
are hereby extended to include the area
comprising the following described real
estate:
Lot2 of Loti of Lot I of Loti of Lot I of
Lot I of Lot I of "Henschel's Black
Forest" in Table Mound Township,
Dubuque, County, Iowa.
immediately south of the city limits of
the City of Dubuque, Iowa, now volun-
tarily 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 in the way
of police and fire protection if said ter-
ritory is incorporated within the city
limits of the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of said
territory will be enabled to secure water,
and other municipal services of said
territory if incorporated within the city
limits ofthe City ofDubuque, Iowa; and
WHEREAS, Chapter 368, Code of
Iowa (1975) authorized the extension of
city limits in situations of this character
by the adoption of a resolution therefor;
and
WHEREAS, the future growtb,
development, and preservation of the
public health of the City of Dubuque,
Iowa, makes it imperative that said
territory 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:
Section " That the territorial limits of
the City of Dubuque, Iowa be and they
are hereby extended to include the area
comprising the following described real
estate:
Lot 2 of Lot I ofLot I of Lot I of Lot I of
Lot I of Lot I of Lot I of Lot I
"Henschel's Black Forest" in Table
MoundTownship, Dubuque Coun-
ty,Iowa.
tbe City of Dubuque, Iowa be and they
are hereby extended to include the area
comprising the following described real
estate:
That parcel of real estate described as
Richard C. Henschel and Mildred L.
Henschel, husband and wife, property in
Exhibit "A", hereto attached and by
reference made a part hereof.
The property to be annexed is as
shown on the plat marked Exhibit "A"
attached hereto, and by this reference
made a part hereof, the boundaries of
said area being outlined in red thereon.
Section 2. The territory hereby an-
nexed shall become and be part of the
thirteenth Voting Precinct to the City of
Dubuque, Iowa.
Passed, approved and adopted this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
Margaret E. Goerdt for Lot 2 of I; and
Lot 2 of Harwood Place, Lot 2 of 2 of
M.L. 237 and Lot 2 of M.L. 238 all in
Section 27, Township 89 North, Range 2
East of 5 P.M. being In Dubuque Town-
ship, Dubuque County, Iowa, presented
and read. Councilman Pregler moved
that the annexation be approved.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 53-77
WHEREAS, the owners of an area
approximately 5.423 acres in size lying
immediately easterly and southerly of
the City Limits of the City of Dubuque,
Iowa now voluntarily petition the City
Council for annexation 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 in the way
of police and fire protection if said ter-
ritory is incorporated within the city
limits of the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of said
territory will be enabled to secure water,
and other municipal services of said
territory if incorporated within the city
limits of the City of Dubuque, Iowa: and
WHEREAS, Chapter 368, Code of
Iowa (1975) authorizes the extension of
city limits in situations of this character
by the adoption of a resolution therefor:
and
WHEREAS the future growth,
development, and preservation of the
public health of the City of Dubuque,
Iowa, makes it imperative that said
territory 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:
Section 1. That the territorial limits of
the City of Dubuque, Iowa be and they
are hereby extended to include the area
comprising the following~ described real
estate:
Lot 2 of Lot I of "Harwood Place" in
Section 27, Dubuque Township,
Dubuque County, Iowa, and
Lot 2 of "Harwood Place" in Sec-
tion 27. Dubuque Township,
Dubuque County, low", and Lot 2
'of Lot 2 of Mineral Lot 237 and Lot2
of Mineral Lot 238, in Section 27,
Township 89 North, Range 2 East of
5th Principal Meridian. being in
Dubuque Township, Dubuque
County, Iowa,
Section 2. The territory hereby an-
nexed shall become and be part of the
thirteenth Voting Precinct to the City of
Dubuque, Iowa.
Passed, approved and adopted this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
.Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Application of David J. & Florence L.
Willoughby requesting annexation to
the City ofLot 2 of I of I of I of I of! of
I of "Henschel's Black Forest" in Table
Mound Township, Dubuque County,
Iowa, presented and read. Councilman
Pregler moved that the annexation be
approved. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilman
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 51.77
WHEREAS, the owners of an area
approximately 0.78 acres in size lying
immediately south of the city limits of
the City of Dubuque, Iowa, now volun-
tarily petition the City Council for an-
nexatlon'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 in the way
of police and fire protection if said ter-
ritory is incorporated within the city
limits of the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of said
territory will be enabled to secure water,
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition of Harold A. & Darlene Con-
zettJr.requesting annexation ofLot2 of
loflofloflofloflofloflof
Henschel's Black Forest in Table Mound
Township, Dubuque County, Iowa, pre-
sented and read. Councilman Pregler
moved that the annexation be ap-
proved. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 52-77
WHEREAS, the owners of an area
approximately .814 acres in size lying
Section 2. The territory hereby an-
nexed shall become and be part of the
Thirteenth Voting Precinct to tbe City
of Dubuque, Iowa.
Passed, approved and adopted this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Petition for Annexation by First Na-
tional Bank, Theisen Bldg. Co., Merl F. &
The proþerty to be annexed Is as
shown on the plat marked Exhibit "A"
104
Special Session, February 21,1977
attached hereto, and by this reference
made a part hereof, the boundaries of
said area being outlined in red thereon.
Section 2. The territory hereby an-
nexed shall become and be part of the
Thirteenth Voting Precinct to the City
of Dubuque, Iowa.
Section 3. The undersigned, Carl F.
Bartels, Civil Engineer & Land Sur-
veyor, hereby certifies that the property
herein described In Section I hereof is
contiguous to the existing city limits or
corporation lines of the City of
Dubuque, Iowa.
Carl F. Bartels
Civil Engineer & Land
Surveyor, Certificate
No. 1583
Passed, approved and adopted this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Council Recessed at 9:35 P.M.
Reconvened at 9:45 P.M.
Proof of Publication, certified to by
the Publisher, of a Public Notice of
intention to file a request for release of
activity for certification in Community
Development of Hill Street Develop-
ment, presented and read. Councilman
Pregler moved that the proof of pub-
lication be received and filed. Seconded
by Mayor Stackis. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Communication of Housing Commis-
sion advising that the Housing Assis-
tance Plan (HAP) has been throughly
reviewed by their Commission and giv-
ing their endorsement, presented and
read. Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Stackis. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Community
Development submitting resolution
authorizing submission of an applica-
tion for Community Development Block
Grant, presented and read. Councilman
Pregler moved that the communication
be received and filed. Seconded by
Mayor Stackis. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 54-77
Authorizing the Filing of an Applica-
tion for a Community Development
Block Grant for the CIty of
Dubuque
WHEREAS, the City of Dubuque is
entitled to participate in the Communi-
ty Development Block Grant Program
authorized under the provisions of Title
I of the Housing and Community
Development Act of 1974; and
WHEREAS, the City of Dubuque has
prepared an application for such par-
ticipation in accordance with the
policies and procedures as prescribed by
the U.S. Department of Housing and
Urban Development; now therefore
BE IT RESOLVED BY THE City
Council of the City of Dubuque, Iowa:
Section 1. That the application for
participation in the Community
Development Block Grant Program is
hereby approved, and the Mayor of the
City of Dubuque is hereby authorized
and directed to execute the application
on behalf of the City of Dubuque.
Section 2. That the Director of the
Department of Community Develop-
ment is hereby authorized and directed
to submit in the required number of
copies, the executed application to the
U.S. Department of Housing and Urban
Development and other appropriate
agencies together with such other
documents evidencing the approval and
authorizing tbe execution and im-
plementation of such application as
may be required.
Passed, approved and adopted this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
WaIter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Special Session, February 21, 1977
105
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Park Board en-
dorsing design plan of Avon Park and
the proposed Resolution and Applica-
tion for Federal Funds, presented and
read. Councilman Pregler moved that
the communication be received and
filed. Seconded by Mayor Stackis. Car-
ried by the following vote: Yeas -
Mayor Stackis, Councilmen Brady, Pre-
gler, Tully, Wertzberger. Nays - None.
Communication of Community
Development submitting a resolution
for an application for a Bureau of Out-
door Recreation Grant for the develop-
ment of Avon Park, presented and read.
Councilman Pregler moved that the
communication be received and filed.
Seconded by Mayor Stackis. Carried by
the following vote: Yeas - Mayor
Stackis, Councilmen Brady, Pregler,
Tully, Wertzberger. Nays - None.
RESOLUTION NO. 55-77
AUTHORIZING SUBMISSION OF A
REQUEST FOR FUNDS FOR ACQUISI-
TION AND DEVELOPMENT FOR OUT-
DOOR RECREATION (AVON PARK)
UNDER THE LAND AND WATER CON-
SERVATION FUND PROGRAM.
WHEREAS, the City of Dubuque is
interested in acquiring lands or
developing outdoor recreational facili-
ties on the following described project
for the enjoyment of the Citizenry of the
City of Dubuque and the State of Iowa:
Project Title - Avon Park
Development
Total Estimated Cost $82,449
Brief Description of Project:
The City of Dubuque proposes to
acquire and develop a 0.5 acre tract of
land in the lith Street Neighborhood for
a neighborhood park Including play-
ground equipment, basketball court,
walkways, seating, tree plantings. Work
will be accomplished by contract during
1977 and 1978.
AND, Land and Water Conservation
Fund financial assistance is required for
the acquisition or development of said
outdoor recreational facilities,
NOW THEREFORE, BE IT RE-
SOLVED BY THE City ofDubuque that
the project described above be
authorized,
AND, BE IT FURTHER RESOLVED
THAT SAID City of Dubuque make
application to the State Conservation
Commission to seek Land and Water
Conservation Fund financial assistance
from the Bureau of Outdoor Recreation
in the amount of 50% of the actual cost
of the project in behalf of said City of
Dubuque.
AND, BE IT FURTHER RESOLVED
BY THE City ofDubuque that it certifies
to the following:
I. That it will accept the terms and
conditions set forth in the BOR
Grants-in-Aid Manual and which will be
a part of the Project Agreement for any
grant awarded under the attached
proposal.
2. That it is in complete accord with
the attached proposal and that it will
carry out the acquisition and:or
development in the manner described in
the proposal and any plans and
specifications attached thereto unless
prior approval for any cbange has been
received from the State Conservation
Commission.
3. Tbat it has the ability and intention
to finance its share of the cost of the
project and that the project will be
operated and maintained at the expense
of said City of Dubuque for public out-
door recreation use.
4. That no financial assistance has
been given or promised under any other
Federal program or activity with regard
to the proposed project, except Com-
munity Development Block Grant
funds.
5. That it will not discriminate against
any person on the basis of race, color or
national origin in the use of any proper-
ty or facility acquired or developed pur-
suant to this proposal, and shall comply
with the terms and intent of Title VI of
the Civil Rights Act of 1964, P.L. 88-352
(1964) and of the regulations promul-
gated pursuant to such Act by the
Secretary of the Interior and contained
In 43 CFR 17.
6. That it will maintain adequate fin-
ancial records on the proposed project
to substantiate claims for cost sharing.
This is to certify that the foregoing is
a true and correct copy of a resolution
duly and legally adopted by the City of
Dubuque at a legal meeting held on this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis. Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays ~ None.
106
Special Session, February 21, 977
February 15, 1977
To the Honorable Mayor
and City Council
On January 10, 1977 we received a
proposal from the Iowa Department of
Transportation allowing for federal
participation in the installation of ad-
vance warning signs for railroad corss-
ingsin the city.
The signs would be placed a minimum
of 100 feet In advance of the crossing.
We have a total of 58 signs which should
be erected to conform to the Iowa
Manual on Uniform Traffic Control
Devices, and which are eligible under
the program. The FHW A would furnish
the signs and posts for us to erect. We
would pay them 10% of tbe material
cost. They, in turn, would reimburse us
for 90% of our labor cost to install the
signs.
I would estimate the following city
cost would be incurred:
58 signs
58 posts..
City labor
$162.00
... 57.00
. 235.00
$454.00
FHWA would reimburse uf90% of our
labor cost, or $211.00.
I have talked to Merle Felderman
about the program, and he indicates
that his personnel would be available to
install the signs.
I would recommend that we proceed
with the program as outlined. Enclosed
is a resolution authorizing the Mayor to
execute the agreement on behalf of the
City Council
Michael A. Koch
City Engineer
Councilman Pregler moved that the
communication. be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Wertzberger.
Nays - Councilman Tully.
RESOLUTION NO. 56-77
Resolution authorizing execution of
an agreement between the City of
Dubuque and the Iowa Department
of Transportallon for the Installa-
lion of Advance Railroad Crossing
Signs. .
BE IT RESOLVED, that the Mayor
and City Clerk be and they are hereby
authorized and directed to execute the
attached agreement providing for 90%
federal and state participation in the
installation of 58 advance railroad
crossing signs.
Passed, approved, and adopted this
21st day of February, 1977.
Emil Stackis
Mayor
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommell
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Wertzberger.
Nays - Councilman Tully.
February 16, 1977
Honorable Mayor
and Councilmen
We enclose copies of correspondence
with the Federal Highway Administra-
tion advising of circumstances on
property of Joseph and Ruth Siegert
relating to the proposed North-West
Arterial.
We have determined that our
preferred roadway location and the
Siegert's subdivision plans are irrecon-
cilable, and that acquisition of right-
of-way is now required for protection of
the roadway corridor. The Federal
Highway Administration and the Iowa
Department of Transportation have
consented to this acquisition. A Resolu-
tion is enclosed which so orders that the
acquisition proceed. A second enclosed
Resolution is necessary to state our
intent to comply with applicable state
and federal acquisition regulations.
We recommend adoption of the
Resolutions.
Daniel Dittemore
Director of Community
Development
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 57-77
A Resolution of Assurances regarding
future acquisition of right-of-way
for roadway projects on the
Federal Aid Urban System
WHEREA~, participation in the
Federal Aid Urban System roadway
program requires a statement assuring
compliance with provisions of the 1970
Uniform Relocation Assistance and
Land Acquisition Policies Act,
NOW THEREFORE BE IT RE-
Special Session, February 21,1977
107
Administration and Iowa Department
ofTransportation have consented to the
acquisition of a portion of the property
of Joseph F. and Ruth M. Siegert in
order that the preferred location of the
North west Arterial Roadway may be
protected; and,
WHEREAS, the securing of said
right-of-way by way of appropriate
proceedings is indicated in this instance;
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section ,. That it is essential for the
public purpose that the City of
Dubuque, Iowa, acquire fee simple title
in certain real estate owned by Joseph F.
and Ruth M. Siegert, generally de-
scribed as the easterly 300 feet of l.ot 2
of the Northeast Quarter of the South-
east Quarter of Section 20 and the Eas-
terly 300 feet of Lot I of the Southeast
Quarter of the Southeast Quarter, both
in Section 20, T89N-R2E ofthe 5th P.M.,
and for the location and construction of
the proposed Northwest Arterial
roadway.
Section 2. That the City Manager and
City Attorney are hereby directed to
institute appropriate proceedings for
acquisition of said property for and on
behalf of the City of Dubuque, Iowa, in
order to secure said right-of-way of the
Nortbwest Arterial roadway in the
property of Joseph F. and Ruth M.
Siegert, as herein described.
Section 3. That proceedings institut-
ed by this Resolution shall be carried out
in compliance with rules of the Iowa
Department of Transportation and
Federal Highway Administration, and
with such other state and federal laws
governing acquisition of property for
federally -aided highway projects as
shall apply.
Passed, adopted and approved this
21st day of February. 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section ,. That it is the policy of the
City of Dubuque, Iowa, to acquire
right-of-way in accord with Title III of
said 1970 Act and applicable state laws.
Section 2. That iUs the policy of the
City of Dubuque to provide relocation
benefits in accord with Title III of said
1970 Act and applicable state laws.
Section 3. That the above named
City will contact the Iowa State
Department of Transportation for as-
sistance as needed to assure compliance
with applicable laws which are sum-
marized in the instructions entitled
"Right-of-Way Acquisition Policies and
Procedures."
Passed, adopted and approved this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councihnan Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 58-77
WHEREAS, the City of Dubuque has
determined that it is essential for the
public purpose that a public roadway be
established on or in the vicinity of the
westerly Dubuque city limits; and,
WHEREAS, a corridor location study
for such roadway has been commenced
through an agreement with the Iowa
Department ofTransportation; and
WHEREAS, potential locations for
such roadway have been found to
traverse property of Joseph F. and Ruth
M. Siegert; and,
WHEREAS, Joseph F. and Ruth M.
Siegert have conveyed a proposed
preliminary plat of their property locat-
ed in Section 20 of Township 89 North
Range 2 East of the 5th Principal Me-
ridian, and have requested the approval
and endorsement of the City of
Dubuque upon such plat; and,
WHEREAS, subdivision development
proposed by such preliminary plat
would cause the relocation of the
proposed Northwest Arterial roadway
to other alignments less satisfactory to
the public purpose; and.
WHEREAS, the Federal Highway
108
Special Session, February 21,1977
February 16, 1977
Honorable Mayor and
Members of the City Council
The attached resolution authorized
the city to enter into a matching grant
arrangement with the Law Enfor-
cement Assistance Administration to
purchase the following items of equip-
ment for use in the Dubuque Police
Department.
IBM Memory Typewriter
Rotary Retrieval Card File
The total cost is $11,732.00, of which
the city's cash contribution is $645.26.
The money is provided and available in
the current budget.
We would request your approval for
the Mayor to execute the necessary
documents.
property is located on the south side of
Hillcrest Road east of Its intersection
with Judson Drive, as shown on the
attached map.
The planning and Zoning Commis-
sion has approved the final plat and
recommends your favorable
consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of Community
Development
Gilbert D. Chavenelle
City Manager
Mayor Stackis moved that the com-
munication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 60-77
Resolution approving the Plat of Helle
Subdivision in the City 01
Dubuque, Dubuque County, iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as: "HELLE SUBDIVI-
SION" in the City of Dubuque,
Dubuque County, Iowa;
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approvai
endorsed thereon; and
WHEREAS, said plat has been ex-
amined 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, Iowa:
Section 1. That the plat of Helle
Subdivision 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 to
endorse the approval of the City of
Dubuque, Iowa, upon said plat, provid-
ed the owner of said property herein
named, execute written acceptance
hereto attached, agreeing:
a. To execute an agreement by and
between the owners of Lots 1,2,3, and 4
in the Helle Subdivision in the city of
Dubuque, Dubuque County, Iowa,
which will provide:
I. That the driveway and parking are
located in the Helle Subdivision, in the
city of Dubuque, Dubuque County,
Iowa, and as shown upon the Site Plat
filed in the office of the Building Com-
mission shall be private drives and
parking areas owned by the owners of
Lots I, 2, 3 and 4 of Helle Subdivision in
Councilman Pregler moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
MATCHING RESOLUTION
No, 59-77
WHEREAS, the City of Dubuque of
Iowa, by resolution duly passed here-
tofore, has resolved that it will provide
during the approved project period cash
funds for the following Iowa Crime
Commission project:
Title of Project, Dubuque Records
Equipment, Amount of Funds Being
Provided $645.26
Passed this 21st day of February, 1977
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Wertzberger. Carried by tbe fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None. February 16, 1977
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed the
final plat of Lots I through 4 of Helle
Subdivision, a subdivision of property in
"Asbury Springs" Subdivision in the
City of Dubuque, Iowa. The subject
~-~_..~.
Special Session, February 21,1977
109
the city of Dubuque, Dubuque County,
Iowa;
II. That the city may enter said private
drive and parking area to perform such
emergency services or other services or
duties which it may be obligated by law
to perform on the premises;
iii. That the city may enter the private
drive and common parking area and
perform necessary maintenance when
the property owner fails to do so and
assess all costs equally to the owners of
Lots I, 2, 3, and 4 of the Helle
Subdivision.
Section 2. That in the event Martin D.
Helle and Kathy A. Helle, husband and
wife, shall fail to execute acceptance
within 45 days after 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 by
unanimous recorded roll call this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 60-77
We, the undersigned, Martin D. Helle
and Kathy A. Helle, husband and wife,
having read the terms and conditions of
the foregoing Resolution No. 60-77, and
being familiar with the conditions ther-
eof, hereby accept the the same and
agree to perform the conditions
required therein.
Dated at Dubuque, Iowa, this 22nd
day of Feburary, 1977.
s:Martin D. Helle
s:Kathy A. Helle
Mayor Stackis moved adoption of the
Resolution. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas ~ Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
AGREEMENT
WHEREAS, Martin D. Helle and
Kathy A. Helle. husband and wife, are
the owners of Lots 1,2,3, and 4 of the
Helle Subdivision in the city of
Dubuque, Dubuque County, Iowa;
WHEREAS, there is currently a com,
mon private drive access to Hillcrest
Road and a common parking lot for Lots
1,2,3, and 4 in Helle Subdivision;
AND WHEREAS, it is the intention of
Martin D. Helle and Kathy A. Helle,
husband and wife, to create reciprocal
easement agreements regarding the use
of the common parking area and the
private drive access to Hillcreast Road
and the maintenance and repair of the
parking area and the private drive.
Martin D. Helle and Kathy A. Helle,
husband and wife, for good and valuable
consideration do hereby covenant and
agree as follows:
I. That Martin D. Helle and Kathy A.
Helle, husband and wife, as owners of
Lots 1,2,3, and 4 ofthe Helle Subdivision
in the city of Dubuque, Dubuque Coun-
ty, Iowa, do hereby create reciprocal
easements for Lots 1,2,3 and 4 of Helle
Subdivision with respect to the use of
the common parking area and the
private drive.
2. That the owners of Lots 1,2,3 and 4
of Helle Subdivision in the city of
Dubuque, Dubuque County, Iowa, shall
share equally in the cost of repairing,
maintaining and improving the com-
mon parking lot and the ingress and
egress on the private drive.
3. That it is agreed that the city of
Dubuque shall be allowed to enter the
parking lot and private drive to provide
necessary emergency services or other
services which the city of Dubuque may
be obligated by law to perform on the
premises; that the parties to this
agreement further agree that the city of
Dubuque may enter the parking lot and
private drive and perform necessary
maintenance whenever the private
owners fail to do so and that the assess-
ment for this maintenance shall be
divided equally among the owners of
Lots 1,2,3, and4 of the Helle Subdivision
in the city of Dubuque, Dubuque Coun-
ty,lowa.
4. The parties to this agreement
further agree that any assessments for
street improvements on Hillcrest Road,
which are assessable to Lots 1,2,3 and 4
of the Helle Subdivision in the city of
Dubuque, Dubuque County, Iowa, shall
be divided equally among the Owners of
Lots 1,2,3, and 4 of the Helle
Subdivision.
5. That tbis agreement shall be bind-
ing on the parties hereto, their heirs and
assigns and successors in interest and
shall be a covenant running with the
land.
Martin D. Helle
Kathy A. Helle
State of Iowa
Dubuque County SS
On this 22 day of February, 1977,
110
Special Session, February 21, 1977
before me, the undersigned, a Notary
Public in and for the State of Iowa,
personally appeared Martin D. Helle and
Kathy A Helle, husband and wife, to me
known to be the identical persons
named in and who executed the forego-
ing instrument, and acknowledged tbat
they executed the same as their volun-
tary act and deed.
Notary James J. Roth
Notary Public in and
for the State of Iowa
February 8, 1977
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed the
final plat of Blocks I through 12 of
"Cedar Lake Addition". This subdivi-
sion is located outside of the Dubuque
City Limits, but within thejurisdictional
area prescribed by the platting statute,
Chapter409.14, Code ofIowa, 1975.
The Commission has found the plat to
be in conformance with the approved
preliminary plat and Planned Unit
Development concept for this property.
The proposed Resolution of Approval
accompanying the plat includes
required stipulations for the P.U.D.
project. The Planning and Zoning
Commission has recommended your
approval of it.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of Community
Development
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
February 21,1977
Honorable Mayor and
Members of the City Council
Several weeks ago the city manager
agreed to the installation of plastic
water main, capable of withstanding 150
pound pressure per square inch, in the
Cedar Lake Subdivison. The arran-
gement was made after protracted
negotiation and investigation to secure
a main installation that would meet
water pressure requirements for the
area and American Water Works As-
sociation specifications.
The usual water main Installation
required by the city is either cast iron or
ductile iron pipe capable of withstand-
ing pressure of 200 pounds per square
inch.
The Plumbing Board has expressed
concern about the water main installa-
tion in Cedar Lake Subdivision. In re-
sponse to their concern, Mr. Murray and
I met with Plumbing Board members
and the Building Commissioner on Fe- '
bruary II. At this meeting the Cedar
Lake Subdivision development was
recounted and city ordinances and pipe
standards briefly reviewed. The board
members inquired as to whether or not
150 p.s.i. plastic pipe could be used in
other areas. It waS indicated that this
had not yet been accepted city-wide and
that with advice of the board the matter
would be promptly considered.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
A RESOLUTION approving plat of
Blocks I thru 7, 8 and II in Cedar Lake
Addition In the County of Dubuque.
Iowa, presented and read.
Jeff Hansel addressed the Council
stating Plastic Pipe well exceeds the
need of the area: With the water in
ground, how could Council deny signing
of Resolution. John White stated tbe
plastic pipe has been approved by the
D.E.Q. and AT.T.M. Councilman Tully
moved adoption of the Resolution.
Seconded by Councilman Wertzberger.
Councilman Brady moved to table the
motion of adoption. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler.
Nays Councilmen Tully,
Wertzberger.
Communication of Dubuque Dock
Commission submitting lease and
agreement with the Dubuque Sand &
Gravel Company, presented and read.
Mayor Stack is moved that the com-
munication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Dock Board Resolution 2-18-77 Ap-
proving lease between the Board of
Dock Commissioners and Dubuque
Sand & Gravel Company and requesting
Council approval, presented and read.
Mayor Stackis moved that the resolu-
tion be approved and Hearing be set for
March 10, 1977, at 7:30 P.M. in the
Council Chambers at City Hall and City
Clerk be directed to publish proper no-
Councilmen
Tully,
Special Session, February 21,1977
111
tice. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Dock
Commission submitting lease and
agreement With Robert's River Rides
Inc., presented and read. Mayor Stackis
moved that the communication be
received and filed. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Dock Board Resolution 2-18-77 Ap-
proving lease between Board of Dock
Commissioners and Robert's River
Rides Inc. and requesting Council ap-
proval, presented and read. Mayor
Stackis moved that the resolution be
approved and hearing be set for March
10, 1977, at 7:30 P.M. in the Council
Chambers at City Hall and City Clerk be
directed to publish proper notice.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 61-77
BE IT RESOLVED BY THE City
Council of the City of Dubuque, Iowa,
that the following having complied with
the provisions of law relating to the sale
of Cigarettes within the City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within said City.
Virginia Ann Baker, 3345 Hillcrest Rd.
Marie Becker, 206 West 3rd St.
Beverly R. Miller, 260 Southern Ave.
Charles E. Petitgout Jr., 2930 Central
Ave.
Passed, adopted and approved this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A Tully Jr.
Richard Wertzberger
James E. Brady
Walter A Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Council
Councilman Pregler moved adoption
of the resolution. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 62.77
WHEREAS, applications for Beer
Permits have been submitted to this
Council for approval and the same have
been examined:
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa, that the follow-
ing applications be granted and permits
issued upon the compliance with the
terms of the Ordinances of the City.
CLASS "C" BEER PERMIT
Virginia Ann Baker, Baker's Dubuque
Market, 3345 Hillcrest Road
Beverly R. Miller, Sids Beverage Store,
260 Southern Ave.
Thompson's Food Markets, Inc., Oky
Doky 15, 1545 South Grandview Ave.
CLASS "B" BEER PERMIT
Richard B. Winsor, (Also Sunday
Sales), Bunker Hill Rd.
Passed, adopted and approved this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A Tully Jr.
Richard Wertzberger
JamesE.Brady
Walter A Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 63-77
WHEREAS, applications for Beer
Permits were filed by the within named
applicants and they have received the
approval of this Council: and
WHEREAS, the premises to be oc-
cupied by such applicants were inspect-
ed and found to comply with the Ordin-
ances of this City and they have filed
proper bonds:
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be issued
to the following named applicants a
Beer Permit.
CLASS "COO BEER PERMIT
Virginia Ann Baker, Baker's Dubuque
Market, 3345 Hillcrest Rd.
Beverly R. Miller, Sids Beverage Store,
260 Southern Ave.
Thompson's Food Markets, Inc., Oky
Doky 15, 1545 South Grandview Ave.
CLASS "B" BEER PERMIT
Richard B. Winsor, (Also Sunday
Sales), Bunker Hill Rd.
112
Special Session, February 21,1977
Passed, adopted and approved this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
WaIter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 64-77
WHEREAS, applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined;
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa, that the follow-
ing applications be approved and
licenses issued upon the compliance
with the provisions of Chapter 131, Acts
of the First Regular Session, 64th Gen-
eral Assembly.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
The Apartments. Ltd., (Also Sunday
Sales), Kennedy Mall
Passed, adopted and approved this
21st day of February, 1977
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 65-77
WHEREAS, applications for Liquor
Licenses were filed by the within name"
applicants and they have received the
approval of this Council; and
WHEREAS, the premises to be oc-
cupied by such applicants were inspect-
ed and found to comply with the State
Law and all City Ordinances relevant
thereto and they have filed proper
bonds;
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of
Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LlèENSE
The Apartments, Ltd" (Also Sunday
Sales), Kennedy Mall
Passed, adopted and approved this
21st day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
JamesE.Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
There being no further business,
Councilman Tully moved to adjourn.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Leo F. Frommelt
City Clerk
Approved
Adopted
Councilmen
ATTEST:
City Clerk
Special Session, February 25, 1977
113
CITY COUNCIL
OFFICIAL
Special Session, February 25, 1977.
Council met at 4:30 P.M. (C.S.T.)
Present - Mayor Stackis, Council-
men Pregler, Tully, Wertzberger. City
Manager Gilbert D. Chavenelle.
Absent - Councilman Brady at roll
call.
Mayor Stackis read the call and stated
that service thereof had been duly made
and this Meeting is called to RECON-
SIDER ADOPTION OF A RESOLUTION
APPROVING THE PLAT OF BLOCKS 1
THROUGH 7, 6 AND 11 IN CEDAR
LAKE ADDITION, IN THE COUNTY OF
DUBUQUE. IOWA, and acting upon
such other business as may properly
come before a Regular Meeting of the
Council.
Councilman Pregler moved to recon-
sider motion of meeting of February 21,
1977 on the approval of plat for Blocks I
through 7,8 and II in Cedar Lake Addi-
tion in the County of Dubuque, Iowa.
Seconded by Mayor Stackis. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Pregler, Tully, Wertzberger.
Nays-None.
Absent - Councilman Brady.
February 25,1977
1977
Honorable Mayor
and City Council
Recently, at one of your meetings, the
Cedar Lake Subdivision project came
to your attention for action by way of
approval of a final plat, and in the ex-
amination of same you referred two
questions to this writer for a answer,
which are as follows:
I. Can construction work commence
on a subdivision prior to final approval
of plats by City Council, i.e. grading
streets and installation of utilities?
2. Does the administration have the
authority to change specifications on
type of water pipe for water mains
without approval of Council - in this
case approval of plastic pipes?
In answer to question one. it would
clearly appear that until the final ap-
proval ofthe plat by the City Council is
granted any substantial work per-
formed in the terms of grading for
streets and installation of utilities would
be done at the peril of the subdivider.
However, the subdivider in question
would have a right to rely upon existing
laws in effect at the time of such work
performed.
In addressing the attention of this
writer to the second question, it appears
1977
that there is a vacuum in the legal ma-
chinery relating to the subdivisions
pertaining to water distribution systems
and service lines running to serve the
individual residences. The matter as it
stands now is that the service line run-
ning from the Main to the Individual lots
or residences is governed by ordinance
and requires certain specifications for
said service line. The provisions thereof
are covered under Section 36-122 of the
Code of Ordinances of the City of
Dubuque, Iowa at Page 2292 thereof,
which section was formerly Section 4 of
Ordinance 5-59. This section clearly
provides that the material be a copper
pipe.
It appears that there Is no specific
ordinance governing type of material
concerning the water mains. I am in-
formed, however, that by custom and
usage and practice and adopted by the
City of Dubuque that certain materials
have been required for the Installation
of water mains.
While the general regulations cover-
ing subdivisions are a subject matter of
statutory coverage under Chapter 409
of the 1975 Code of Iowa as well as the
Subdivision Ordinance of the City of
Dubuque, Iowa now known as Chapter
34 of the Code of Ordinances of the City
of Dubuque, Iowa, and which was for-
merly Subdivision Ordinance No. 65-57.
In addition to the foregoing, however,
Article IV, Division I of the Code of
Ordinances of the City of Dubuque,
Iowa at Page 2284, et seq. generally
deals with utilities and Section 36 ther-
eof deals with water, under the general
title of utilities.
Section 36-105 of the Code of Ordin-
ances of the City of Dubuque, Iowa at
Page 2287 and titled "Extension of
Mains" states as follows:
"Section 36-105. Extension of mains.
Any person desiring a water main ex-
tension shall apply for the same in writ-
ing to the superintendent of the water
department, who will make an inves-
tigation and submit the same with his
recommendation to the city manager
and city council for their decision. (Or-
dinance No.5-59 S 42, 2-9-59)"
It would appear to this writer that any
extension of water mains, whether it be
done individually or collectively or by
way of a subdivision, it was the inten-
tion of the City Council that It retain
such control over the extensions of
water mains as is exemplified and
represented in the language contained
in said section.
It is the opinion of this writer that in
order to establish the standards posed
by the question before this writer that
114
Special Session, February 25, 1977
such standards should be reasonable,
have some relationship or bearing to the
public safety, bealth and welfare and
have some degree of uniform
application.
Accordingly, it is the recommenda-
tion of the City Attorney's Office that
this matter be reviewed by the City
Council together with the administra-
tive staff and that if the plastic is to be
approved, then let it be done by ordin-
ance uniform in application as near as
practicable and defining the conditions
and limitations of such use, if any, and
that such use either be permitted or
prohibited from the service lines with a
view that the subdivider, the builders
and the general public and the world at
large are reasonably and reliably in-
formed and advised what is permitted
and what is prohibited.
R.N. Russo
City Attorney
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Mayor Stackis. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Pregler, Tully, Wertzberger.
Nays - None.
Absent - Councilman Brady.
City Attorney Russo presented the
folIowing statement: If tbe change to
plastic pipe should be made, it should be
formalized by Ordinance or Resolution;
City Manager did not violate any law.
Councilman Brady entered the Coun-
cil Chambers at 4:50 P.M.
RESOLUTION NO. 66-77 .
Resolution approving the Plat of
Blocks 1 Through 7,8 and 11 In
Cedar Lake Addition In the County
01 Dubuque, Iowa.
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as: Blocks I through 7,8
and II of Cedar Lake Addition In the
County of Dubuque, Iowa; and
WHEREAS, there are on file in the
office of the City Engineer of Dubuque,
Iowa Improvement Plans and accom-
panying specifications showing loca-
tion and grade of sanitary sewer, water
and drainage facilities within the area
shown on said plat: and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and the Dubuque
County Planning and Zoning Commis-
sion and has its approval endorsed
thereon; and
WHEREAS, said plat has been ex-
amined by the City Council of
Dubuque, Iowa and the Dubuque
County Board of Supervisors and they
find that the same conforms to all sta-
tutes and ordinances relating thereto,
except water and sewer as specified
have not been instalIed;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section ,. That the Plat of Blocks I
through 7,8 and II in Cedar Lake Addi-
tion in the County of Dubuque, Iowa,
being within the jurisdictional area of
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, provided the owner of said
property herein named shall execute
written acceptance hereto attached
agreeing:
a. To install sewers in accordance with
the plans described herein and sub-
mitted with the plat;
b. To Install water mains in accor-
dance with plans and specifications
filed by the owner in the office of
the City Engineer, City ofDubuque,
Iowa;
c. To construct the foregoing im-
provements in accordance with
plans and specifications approved
by the City Manager, under the
Inspection of the City Engineer, and
in a manner approved by the City
Manager;
d. To maintain the foregoing im-
provements for a period of four
years from the date of their accep-
tance by the City of Dubuque,
Iowa;
e. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
Hansel Builders Inc. as Owner;
f. To construct said improvements
prior to February 21, 1979;
g. To secure the performance of the
foregoing conditions by providing
security in such form and with such
sureties as may be acceptable to the
City Manager.
Section 2. Hansel Builders Inc. has
established a non-profit Iowa corpora-
tion known as Cedar Lake Corporation
for the purpose of providing for the
maintenance, preservation and archi-
tectural control, and to promote the
health, safety and welfare of the re-
sidents within Cedar Lake Addition in
Dubuque Township, Dubuque County,
Iowa. Cedar Lake Corporation shall
have the power to levy charges and
assessments against the owners of the
properties within said Cedar Lake Ad-
dition lor such purposes and which
Special Session, February 25, 1977
charges and assessments shall consti-
tute liens against the owners of the
properties within said Cedar Lake
Addition.
Section 3. Property owned by Cedar
Lake Corporation in Blocks I through
7,8 and II of Cedar Lake Addition in the
County of Dubuque, Iowa will contain
property known as Common Area,
which property will be maintained for
the purposes identified on the final
development plan of said common Area,
and the City of Dubuque, Iowa shall
have a perpetual easement to enter and
pass over and upon the real property
within the utility easements, walkway
easements, planting easements and
platted streets so as to provide for
oridlnary maintenance services and
emergency services as are regularly and
customarily provided by the City of
Dubuque, Iowa within the City of
Dubuque, Iowa, and for such services or
duties which the City of Dubuque, Iowa
may be obligated to perform on said
properties.
a. Certain improvements, as shown
on Improvement Plans on file in the
office of the City Engineer of
Dubuque, Iowa, within Blocks I
through 7.8 and II in Cedar Lake
Addition in the County of Dubuque,
Iowa, shall be public improvements
and are hereby so dedicated to the
City of Dubuque, Iowa. It Is under-
stood and agreed that upon final
acceptance by the City of Dubuque,
Iowa, said improvements shall be
owned and maintained by the City
of Dubuque, Iowa.
b. The streets and parking areas
located on Blocks I through 7,8 and
II of Cedar Lake Addition in the
County of Dubuque, Iowa, shalI be
private streets and parking areas
and owned by Cedar Lake Corpor-
ation, and shall be held with other
common property shown upon the
plan within the jurisdiction of
Cedar Lake Corporation and
further providing that the City may
enter such streets and parking
areas to provide necessary emer-
gency services or other services or
duties which it may be obligated by
law to perform on the premises;
that the City may enter the street
and perform necessary main tan-
ance whenever the private owner
fails to do so, and assess alI costs to
sucb owner.
c. AlI assessable costs for mainten-
ance or services. described herein,
performed by the City of Dubuque,
Iowa on, or directly benefiting,
Blocks I through 7,8 and II of
Cedar Lake Addition in the County
of Dubuque, Iowa, shalI be assessed
against Cedar Lake Corporation
and a lien on the above described
real property.
Section 4. That in the event Hansel
Builders Inc. shalI fail to execute accep-
tance within 45 days after the date of
this Resolution, the provisions hereof
shall be nulI and void and the accep-
tance of the dedication and approval of
the plat shall not be effective.
Passed, adopted, and approved by
unanimous recorded rolI call this 25th
day of February, A.D., 1977.
Emil Stackis
Mayor
Thomas A. TulIy, Jr.
Walter A. Pregler
Richard Wertzberger
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION NO.
66-77
Hansel Builders Inc., having read the
terms and conditions of the foregoing
Resolution No. 66-77 and being familiar
with the conditions thereof, hereby ac-
cept the same and agree to perform the
conditions required therein.
Dated at Dubuque, Iowa, this 25tb
day of February, 1977.
Hansel Builders Inc.
By: Jeffrey S. Hansel
President
ATTEST:
Richard L. Hansel
Secretary
TO: Leo F. Frommelt
City Clerk
This is to certify that the security
provided by the foregoing Resolution
No. 66-77 has been furnished by the
owners.
Dated at Dubuque, Iowa, this 16th
dayofMarch,1977.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Pregler, Tully, Wertzberger.
Nays - Councilman Brady.
RESOLUTION NO. 67-77
SeUlng the date 01 public hearing on
the Fiscal Year 1978 Budget for
the City of Dubuque, Iowa.
WHEREAS, Section 384.16 of Code of
115
116
Special Session, February 25, 1977
Iowa provides that the City Council
shall set a time and place for public
hearing on the budget before the final
certification date and shall publish no-
tice before the hearing as provided in
Section 362.3 of the Code of Iowa.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section ,. That the City Council shall
conduct a public hearing on the
proposed 1977-78 budget at City Coun-
cil Chambers, City Hall, 13th and Cen-
tral, Dubuque, Iowa, on Thrusday,
March 10, 1977, beginning at 7:30 P.M.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
publish according to law Notice of
Public Hearing together with the
required budget information
documents.
Passed, approved and adopted this
25th day of February, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Tully moved that the
City Manager be directed to examine
the Building Construction Codes with
particular reference to water mains and
laterals for the purpose of obtaining
uniform standards. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tu !y, Wertzþerger.
Nays - None.
Councilman Tully moved that the
new Code of Ordinances be sold without
binders. Seconded by Mayor Stackis.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Pregler, Tully.
Nays
Wertzberger.
Councilman Brady moved that the
City Clerk be directed to keep a limited
number of binders on hand to be pur-
chased at our cost. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
There being no further business,
Councilman Pregler moved to adjourn.
Seconded by Mayor Stackis" Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Leo F. Frommelt
City Clerk
Councilmen
Brady,
Approved
1977
Adopted
1977
Councilmen
ATTEST:
City Clerk
Regular Session, March 7, 1977
CITY COUNCIL
OFFICIAL
Regular Session, March 7, 1977.
No members of the Council being
present the Meeting was adjourned
sub ectto call.
Leo F. Frommelt
City Clerk
Approved
Adopted
"""",,".
Councilmen
ATTEST:
City Clerk
CITY COUNCIL
OFFICIAL
Adjourned Regular Session, March
10,1977.
Council met at 7:30 P.M. (C.S.T.)
Present - Mayor Stackls, Council-
men Brady, Pregler, Tully, Wertz-
berger. City Manager Gilbert D.
Chavenelle.
Mayor Stackis read the call and stated
this is AN ADJOURNED REGULAR
SESSION OF THE MEETING OF
MARCH 7, 1977, called for the purpose
of acting upon such business as may
properly come before the Meeting.
Father Thomas Demetois Tsevas,
Proto Presbyter, of St. Elias the Prophet
Greek Orthodox Church read the Prayer
preceeding the meeting.
A Proclamation proclaiming the
mounth of March as "Red Cross Month"
was read and approved and signed by
Mayor Stackis.
Proofs of Publication, certified to by
the Publisher, of various notices of
Public Hearing on Revenue Sharing;
also on Budget Estimate, presented and
read. Councilman Tully moved that the
proof of publication be received and
filed, Seconded by Councilman Pregler.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully. Wertzberger.
Nays - None.
Councilman Pregler moved to su-
1977
spend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
George Lipper, President of the
Chamber of Commerce, submitted a
communication from the Chamber of
Commerce commenting on various
portions of the proposed budget and
spoke to the communication.
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Pregler.
Carried by the following vote:
Yeas.~ Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Diane Gallagher of the League of
Women Voters presented and read a
communication from The League of
Women Voters commenting on various
portions of the proposed budget. Coun-
cilman Wertzberger moved that the
communication be received and filed.
Seconded by Councilman Pregler. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Richard Friedman
commenting on the insurance program
of the City, presented and read. Coun-
cilman Wertzberger moved that the
communication be received and filed
and referred to Council. Seconded by
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
A RESOLUTION adopting the An,
nual Budget for the Fiscal Year ending
June 30, 1978, presented and read.
Councilman Wertzberger moved that
the resolution be referred to the Council
Meeting to be held on March 12, 1977, in
the Council Chambers at City Hall.
Seconded by Councilman Pregler. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Housing Commis-
sion submitting minutes of their meet-
ing of February 15. 1977, presented and
read. Councilman Tully moved that the
minutes be received and filed. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Maýor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays ~ None.
Communication of Planning & Zon-
1977
117
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