1977 May Council Proceedings
Regular Session, May 2, 1977
CITY COUNCIL
OFFICIAL
Regular Seaslon, May 2,1977.
Council met at 7:30 P.M. (D.S.T.)
Present - Mayor Stackls, Council.
men Brady, Tully, Wert,berger. City
Manager Gilbert D. Chevenelle.
Absent - Councilman Pregler
Mayor Stackis read the call and stated
that service thereof had been duly made
and this Meeting is called as A Regular
Monthly Meeting for the purpose of
acting upon sucb business as may
properly come before the Meeting.
Invocation was given by Rev. John
O'Connor, Assistant Executive Coor-
dioator of Wahlert High School.
Proclamations proclaiming week of
May II to 18th as "Life Insurance
Education Week", Week of May 9 to
13th as "Girls Club Week", May 23, 1977
as "YWCA Day", Month of Mayas
"Mental Health Month" and Week of
May 15th thru May 21, 1977 as "Foster
Children Week" were read, approved
and signed by Mayor Stackis.
The 11th Street Neighbhorhood As-
">ciation was privileged to announce
the First House Tour featuring nine
historic houses in the Neighborhood.
Councilman Brady moved to recon-
sider Resolution No. 118-77 Prelimin-
ary Estimate, Resolution No. 119-77
Necessity for Improvement, Resolution
No. 120-77 Fixing Date of Public Hear-
ing, all pertaining to Lighting on Main
Street from First to Fourth Street.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Communication of Dubuque Cable
TV Commission submitting minutes of
their meeting of April 5, 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, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Communication of Airport Commis-
sion submitting minutes of their meet-
ingof April 14, 1977, presented and read.
Councilman Tuliy moved that tbe min-
utes be received and filed. Seconded by
Councilman Wertzberger. Carried by
the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
-----._.~-
Nays - None,
Absent - Councilman Pregler.
Communication of Playground and
Recreation Commission submitting
minutes of their meetings of April II
and 18th, 1977, presented and read.
Councilman Tully moved that the min-
utes be received and filed. Seconded by
Councilman Wertzberger. Carried by
tbe foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays-None.
Absent - Councilman Pregier.
Communication of Dubuque Me-
tropolitan Area Transportation Study
(DMATS) submitting minutes of their
meeting of March 24, 1977, presented
and read. Councilman Tuliy moved that
the minutes be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tnliy, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Communication of Planning and
Zoning Commission submitting min-
utes of their meeting of April 19, 1977
and amendment to that meeting, pre-
sented and read. Councilman Tuliy
moved that the minutes and amend-
ment be received and filed. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Communication of Five Flags Center
Building Committee submitting min-
utes of their meeting of April 21, 1977,
presented and read. Councilman Tuliy
moved that tbe minutes be received and
filed. Seconded by Councilman Wertz.
berger. Carried by the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays - None.
Absent - Councilman Pregier.
Communication ofHuman Rights
Commission submitting minutes of
their meeting of April 14, 1977, present-
ed and read. Councilman Tuliy moved
that the minutes be received and filed.
Seconded by Councilman Wertzberger.
Carried by the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Communication of Advisory Com-
mission submitting minutes of the
meeting of April 27, 1977, presented and
read. Councilman Tuliy moved that the
203
204
Regular Session, May 2, 1977
minutes be received and filed. Seconded
by Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Communication of Housing Commis.
sion submitting minutes of their meet. :
ing of April 19, 1977,presentedandread. ~
Councilman Tuliy moved that the min.
utes be received and filed. Seconded by
Councilman Wertzberger. Carried by
the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Communications of Iowa D.E.Q. ad.
vising of receipt of Wastewater Treat-
ment Facility Progress Report; also is-
suing water main extension permit for
Richards Road, presented and read.
Councilman Wertzberger moved that
the communications be received and
filed. Seconded by Mayor Stackis. Car-
ried by the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Communication of Ronald Dueiand et
al (27 signers), residents of Sunset
Ridge, objecting to construction of the
proposed sanitary sewer, presented and
read, Councilman Wertzberger moved
that the communication be received and
filed and referred to Engineering
Department, City Manager and Director
of Public Works. Seconded by Mayor
Stackis. Carried by the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Communication of Dubuque Park
Board advising of adoption of a policy
that no incoming vehicles will he al-
lowed in Eagle Point Park after 10 P.M.
during the regular park season and
requesting enactment of an ordinance
to this effect, presented and read.
Councilman Wertzberger moved that
the communication he referred to the
City Attorney for appropriate ordin-
ance. Seconded hy Mayor Stackis. Car-
ried by the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays-None.
Absent - Councilman Pregier.
Communication of City Manager ad.
vising that arrangements have been
made to have representatives of Huron
Productions (F.I.S.T.) present to re-
spond to any questions by the Council,
presented and read.
Councilman Wertzberger moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilman Tuliy. Carried
by the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Tom Andresen, Location Manager,
and Larry DeWay addressed the Coun-
cil stating production will start on May
9th; Film will be set as in the 1930's.
Councilman Tuliy moved that the com-
munication of the City Manager be
received and filed. Seconded by Coun.
cilman Wertzberger. Carried by the fol.
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tuliy, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
April 15, 1977
Honorable Mayor
and City Council
1 herewith submit the reports of the
City Treasurer, Finance Director, Water
Department, Health Department and a
list of claims paid for the month of
March, 1977.
Gilbert D. Chavenelie
City Manager
Councilman Tuliy moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the foliowing vote:
Yeas - Mayor Stackls, Councilmen
Brady, Tuliy, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Proof of Publication, certified to by
the Publisher, of Receipts and Expendi-
tures, also list of claims for month of
March, 1977, presented and read. Coun-
cilman Tuliy moved that the proof of
publication be received and filed.
Seconded by Councilman Wertzberger.
Carried by th~following vote:
Yeas - Mayor Stackis, Councilmen
Bracty, Tuliy, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Apri127,1977
To the Honorable Mayor and
Members of the City Council.
We have approved the following
sidewalk construction bonds and
request your approval of same for filing
purposes.
Lloyd P. Luber Bond No. Ia 253247,
Merchants Mutual Bonding Co. to
5-4-78
Regular Session, May 2, 1977
205
Edward Apel Bond No. 29418, Mid-
western Casualty and Surety Co. to
4-29.78
Cletus Palm Bond No. 29422, Mid-
western Casualty and Surety Co., to
5-30-78.
Gilbert D. Chavenelie
City Manager
April 20, 1977
To the Honorable Mayor
And City Council
In accordance with Sec. 2-6 of Code of
Ordinances, 1 recommend that the City
Council approve the transfer of the
following Special Assessment Accounts
to the Special Assessment Reserve Ac-
count as hereto set forth:
Account
Numbar
1210
1211
1216
1217
1219
1220
1221
1225
1228
1231
1233
1236
1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
Councilman Tuliy 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, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Description
1958 Asphalt Paving Project No.1
Cedar Street Sanitary Swer
1958 Bituminous Paving Project No.1
1959 Hot Mix Paving Project No.1
Boulevard Lights-Main & Iowa Sts.
1959 Curb & Gutter Project No.1
1959 Bituminous Paving Project No.1
Cébtra1 Avenue Boulevard Lights
1960 Hot Mix Paving Project No. I
1960 Bituminous Psving Project No.1
ShirasAvenue Sanitary Swer
1961 Concrete Paving with Integral Curb
1962 Bituminous Paving Project No.1
1962 Concrete Paving with Integral Curb
1962 Hot Mix Paving Project No.2
1962 Concrete Curb - Gutter Project 1
1962 Bituminous Paving Project No.1
1963 Bituminous Paving Project No.1
1963 Hot Mix Paving Project No.1
1963 Curb & Gutter Project No.1
1963 Concrete Paving with Integral Curb
Thomas Place Sanitary Sewer
1964 Concrete Curb & Gutter Project 1
1964 Bituminous Paving Project 1
1964 Concrete Paving with Integral Curb
1964 Hot Mix Paving Project No.1
Montcrest Sanitary Sewer
1965 Bituminous Paving Project No.1
Amount
$ 718.11
778.26
1,689.35
673.74
2,558.71
2,014.21
1,280.49
662.70
30.04
1,085.28
71.91
756.80
1,244.21CR
1,556.22
2I4.l6CR
664.53CR
173.38
1,589.40CR
1,705.49CR
52.92CR
5,055.17
278.52CR
255.64
2,940.87
2,800.02CR
158.80
611.31
364.26CR
TOTAL $14,157.48
The purpose of the above request is to
close out inactive Special Assessment
accounts.
G. D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed
and transfer be approved. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
206
Regular Session, May 2,1977
Proofs of Publication, certified to by
the Publisher, dated March 13 and
March 24 for Community Development
Block Grant Programs of intention to
file for Block Grant Funds and also for
release of funds, latest date for filing
objections would be June 30, 1977: also
notice that the third year Community
Block Grant Funds were accepted for
processing on April 8, 1977 by Federal
Government, presented and read.
Councilman Tully moved that tbe
proofs of publication be received and
filed. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Proof of Publication, certified to by
the Publisher, published April II advis-
ing that a copy of budget is available at
the Clerk's office for inspection as to the
proposed use of Revenue Sharing
Funds, 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, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
April 25, 1977
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Attorney Leo A. McCarthy addressed
the Council requesting a public hearing
be held on lesser number of acres. Dave
Hutter, 2720 Hickory Hill and Fred Bur-
gess of 2755 Hickory Hill voiced objec-
tions to rezoning request:
Requested Planning and Zoning min-
utes of their meeting of January 19th be
made a part of Council ReCords. Coun-
cilman Brady moved that petition be
denied as recommended by Planning
and Zoning on January 21, 1977. MO-
TION DIED FOR LACK OF A SECOND.
Councilman Wertzberger moved that
a public hearing on a proposed amended
ordinance indicating lesser acreage be
held on June 6, 1977, at 7:30 o'clock P.M.
in the Council Chambers at City Hall
and City Clerk directed to publish no-
tice. Seconded by Mayor Stackis. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Tully, Wertzberger.
Nays - Councilman Brady.
Absent - Councilman Pregler.
Communication of Five Flags Execu-
tive Committee and Five Flags Center
Building Committee requesting
placement on the agenda to set the
number and make-up of the Five Flags
Commission, presented and read. Mayor
Stackis moved that the communication
be received and filed and referred to
Council. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Notice of Property damage claim of
Jane E. Smith, in the approx. amount of
$200., for car damage incurred at the
north entrance of the Iowa Street Park-
ing Ramp on April 21, 1977, presented
and read. Councilman Tully moved that
the Notice of Claim be referred to the
City Attorney for proper proceedings.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Notice of Personal Injury Claim of
Mrs. Cecelia Muenster, in so undeter-
mined amount, for personal injuries
received in a fall at 1545 S. Grandview
Honorable Mayor
and Councilmen
On January 21, 1977, the City of
Dubuque Planning and Zoning Com-
mission transmitted their conclusions to
you following a public hearing on the
petition of Gerald P. and Thomas Swift
which sought R-3 Residential District
classification on property located on the
north side of Kane Street between
Wahlert High School and Hickory Hill
Drive in the City of Dubuque, Iowa. On
January 24,1977, the Swift's asked that
action on their petition be delayed
pending further study of the property
and development plan.
In a letter dated April 22, 1977, hereto
attached, the Swift's ask that their peti-
tion be placed on your agenda, and we
respectfully request that the City Plan-
ning and Zoning Commission commun-
ication to you of January 21, 1977, and
attachments thereto, stating the Com-
mission's findings on the Swift's peti-
tion, be submitted at your May 2, 1977,
meeting.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of Community
Development
Regular Session, May 2, 1977
207
Ave. on a defective sidewalk on March
24, 1977, presented and read. Council-
man Tully moved that the Notice of
Claim be referred to the City Attorney
for proper proceedings. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance to
enact application of District Regula-
tions of Article 1 and to further provide
for uniform application, presented and
read. No written objections were filed
and no orai 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 Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
ORDINANCE NO. 26-77
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" BY ENACT-
ING A NEW SECTION 1-103, AP-
PLICATION OF DISTRICT REGULA-
TIONS OF ARTICLE 1, TO PROVIDE
FOR THE UNIFORM APPLICATION OF
REGULATIONS TO EACH CLASS OR
KIND OF STRUCTURE OR LAND
WITHIN EACH DISTRICT.
said Ordinance having been previously
presented and read at the Council
Meeting of April 4, 1977, presented for
final adoption.
ORDINANCE NO. 26-77
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", BY ENACT-
ING A NEW SECTION 1-103, AP-
PLICATION OF DISTRICT REGULA-
TIONS OF ARTICLE I, TO PROVIDE
FOR THE UNIFORM APPLICATION OF
REGULATIONS TO EACH CLASS OR
KIND OF STRUCTURE OR LAND
WITHIN EACH DISTRICT
NOW THEREFORE BE IT ORDAINED
by the City Council of the City of
Dubuque, Iowa:
Section 1. 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
a"",nded by enacting an new Section
1-103 of Article I as follows:
ARTICLE I Establishment of Districts:
Provisions for official Zoning Map in-
terpretations and amendment thereof
Section 1-1113 Application of District
Regulations - Regulations applicable
within each district shall be applied
uniformly to each class or kind of
structure or land.
Section 1-103.1.ConformancetoUse
Regulations- No building, structure, or
land shall hereafter be used oroccupied,
and no building or structure or part
thereof shall hereafter be erected, con-
structed, reconstructed, moved, or
structurally altered except in conformi-
ty with all of the regulations herein
specified for the district in which it is
located. All uses not expressly permitted
as a permitted use, an accessory use, or
a Conditional Use are prohibited.
Section 1-103.2 Conformance to
Bulk and Yard Regulation Required No
building or other structure shall her-
eafter be erected or altered:
1) To exceed the height or bulk;
2) To accommodate or house a
greater number of families;
3) To have narrower or smaller rear
yards, front yards, side yards, or other
open spaces
than herein permitted; or in any other
manner contrary to the provisions of
this ordinance.
Section 1-103.3. Yards, Open Space,
and On-Street Parking
No part of a yard, other open space,
off-street parking, or loading space
required in connection with any build-
ing for the purpose of complying with
this ordinance shall voluntarily be in-
cluded as part of a yard, open space,
off-street parking, or loading space
similarly required for any other building
or any other lots.
Section 1-103.4 Reducllon of
Required Lot. and Yards Prohibited No
yard or lot existing on the effective date
of this ordinance shall be voluntarily
reduced in dimension or area below the
minimum requirements set forth herein.
Yards or lots created after the effective
date hereof shall meet at least the min-
imum requirements established by this
ordinance.
Section 1-1 03.5. Classification of An-
nexed Territory All territory which may
hereafter be annexed, either voluntarily
or involuntarily, to the City shall be
classified in an AG Agricultural District,
ond shall remain in that classification
pending request for reclassification in
accordance with the provisions of Sec-
Regular Session, May 2, 1977
208
Regular Session, May 2, 1977
209
Councilman Tully moved final adop-
tion of the Ordinance. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
April21,1977
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Mayor Stackis moved that a public
hearing be held on the Ordinance on
June 6, 1977 at 7:30 o'clock P.M. in the
Council Chamber at the City Hall and
that the City Clerk be instructed to
publish notice of the bearing in the
manner required by law. Seconded by
Councilman Tully. Carried by tbe fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilmen Pregler.
April21,1977
lion 8-102 of this ordinance.
Section 2. That the amendment has
heretofore been approved by the Plan-
ning and Zoning Commission of the City
of Dubuque, Iowa.
Passed, approved and adopted this
2nd day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN-
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, IOWA", SO AS TO
RECLASSIFY HEREINAFTER DE.
SCRIBED REAL ESTATE IN POWERS
PLACE FROM R-2 RESIDENTIAL DIS.
TRICT CLASSIFICATION TO AN R-3
RESIDENTIAL DISTRICT
CLASSIFICATION
NOW THEREFORE BE IT ORDAINED
by the City Council 01 the City of
Dubuque, Iowa:
Section 1. That Ordinance No. 32-75,
known as the "Zoning Ordinance and
Zoning Map of the City of Dubuque,
10wa" be and the same is hereby
amended by changing from "R-2 Re-
sidential District" classification to "R-3
Residential District" classification'the
hereinafter described real estate, to wit:
"A portion of Lot 1 of Lot 1-1-1-1-1-1 of
Powers Place described as follows:
Commencing.at the Northwest comer of
Stecher Place at the right-of-way line of
Asbury Road; thence Northwesterly
160.00 feet, more or less, on the South-
erly right-of-way of Asbury Road to a
point; thence Southerly 269.00 feet,
more or less, on the projection of the
East line of Lot 2 of Powers Place to a
point on the Southeast comerofLot20f
Powers Place; thence Easterly 110.00
feet, more or less, to a point at the
intersection of the South line of Lot 2 of
Powers Place projected to the West line
of Stecher Place; thence Northerly
120.00 feet, more or less, on the West
line of Stecher Place to a point; thence
Northwesterly 30.20 feet to a point;
thence Northeasterly 33.17 feet to a
point; thence Northerly 30.12 feet to the
point of beginning, and containing .58
acres, more or less, in the City of
Dubuque, 10wa,
Section 2. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, 10wa.
Passed, approved and adopted this
2nd day of May, 1977.
EmiiStackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on the petition of the Theisen
Development Company to expand an
existing C-3 Arterial Business Commer-
cial District to include their property on
"Harwood Place" which was recently
annexed to the City by voluntary peti-
tion. The property is located on the
south side of the 2800 block of Dodge
Street approximately 500 feet east of its
intersection with Brunskill Road.
The Planning and Zoning Commis-
sion has approved the request for C-3
District classification on the property
and recommends your favorable
consideration.
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald newspaper this 51h day of May
1977.
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on the petition of Manternach
Development Company to classify a
34.3 acre tract in an R-2 Residential
District classification and a 4.1 acre
tract in an R-4 Residential District clas-
sification. The total 38.4 acre parcel
which lies west of Peru Road south of
Terrace Heights Mobile Home Park was
recently annexed to the City by volun-
tary petition.
The Planning and Zoning Commis-
sion has found the R-2 and R-4 zoning
classifications to be appropriate to the
subject parcels and recommends your
favorable consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of Community
Development
Mayor Stackis moved that the com-
munication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
AN ORDINANCE amending and
changing Ordinance No. 32-75, known
as the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa",
which amendment shall zone and clas-
sify territory recently annexed to the
City of Dubuque, Iowa, known as the
Manternach Property on Peru Road, in
residential district classifications, pre-
sented and read. Mayor Stackis moved
tbat the reading just had be considered
tbe first reading of the Ordinance.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Leo F. Frommelt
City Clerk
115/5
Councilman Tully moved final adop-
tion of the Ordinance. Seconded by
Councilman Wertzberger. Carried by
the following vote;
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance so
as to reclassify from R-2 Residential to
R-3 Residential Classification a portion
of lot in Powers Place, 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 Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilmen Pregler.
ORDINANCE NO. 27.77
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32-75,
KNOWN AS THE "ZONING ORDIN.
ANCE AND ZONING MAP OF THE CI-
TY OF DUBUQUE, 10)/lA", SO AS TO
RECLASSIFY HEREINAFTER DE.
SCRIBED REAL ESTATE IN POWERS
PLACE FROM R-2 RESIDENTIAL DIS-
TRICT CLASSIFICATION TO AN R.3
RESIDENTIAL DISTRICT
CLASSIFICATION,
said Ordinance having been previously
presented and read at the Council
Meeting of April 4, 1977, presented for
final adoption.'
ORDINANCE NO. 27-77
AN ORDINANCE AMENDING AND
Daniel Dittemore
Director of Community
Development
Mayor Stackis moved that the com-
munication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
AN ORDINANCE amending and
changing Ordinance No. 32-75, known
as the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa",
which amendment shall zone and clas-
sify territory recently annexed to the
City of Dubuque, Iowa, in "Harwood
Place", in a C-3 Arterial Business Com-
mercial District, presented and read.
Mayor Stackis moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilmen Pregler.
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-
m',n Tully. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald newspaper this 5th day of May,
1977.
Leo F. Frommelt
City Clerk
115/5
210
Regular Session, May 2, 1977
Nays-None.
Absent - Councilman Pregler.
Mayor Stackis moved that the rule
requiring an Ordinance to be received
and filed at two meetings prior to tbe
meeting when final action is taken, be
dispensed with. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas - Mayo~ Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Mayor Stackis moved that a public
bearing be held on the Ordinance on
June 6, 1977at 7:30 o'clock P.M. in the
Council Chamber at the City Hall and
that the City Clerk be instructed to
publish notice of the hearing in the
manner required by law. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Apri125,1977
Honorable Mayor
and City Council
I request your approval of the follow-
ing parking rates for the Locust Street
and Iowa Street Municipal Parking
Garages:
Daily Parking
Rate
15e per bour, first
two hours;
20e per hour
thereafter.
(maximum charge
$1.70)
$30.00 per month
Reserved Parking
Rate
Monthly Parking $24.00 per month
Rate
In addition to the amount charged for
parking at these rates, a state service
tax of 3% will be collected. It is proposed
that the new rates be posted at the
parking garages and become effective
June 1, 1977.
Auxiliary fees wiii also be adjusted:
1. Fee charged for existing from the
ramps after closing time will be 50e.
2. Parking stamps will be sold at 1M
each.
3. Parking validation certificates will
be sold at 15e each, less a 4% handling
cbarge.
The approval of these rates is being
requested according to tbe Municipal
Parking Garages Ordinance, Sec. 25-286
of the CiW Code, which indicates that
tbe ramp parking fees are set by the City
Manager with tbe approval of the City
Council.
Gilbert D. Chavenelle
City Manager
Bruce Meriwetber of First National
Bank, spoke relative to rate increases.
Councilman Tully moved that the
communication be received and filed
and approved. Seconded by Councilman
Wertzberger. Carried by the following
vote: Yeas-Mayor Stackis, Councilmen
Brady, Tully, Wertzberger. Nays-None.
Absent - Councilman Pregler.
City Manager requested approval and
was granted same for rates to become
effective May 16, 1977.
ORDINANCE NO. 28-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING FOR
THE REPEAL OF SECTION 25.307 OF
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA AND ENACTING A
NEW SECTION 25.307 IN LIEU THER.
EOF TO PROVIDE TIME AND FEE
SCHEDULE FOR SPECIFIC PARKING
LOTS IN THE CITY OF DUBUQUE,
said Ordinance being revised ordinance
of the one considered at Council Meet-
ing of April 4, 1977, presented and read.
Mayor Stackis moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Council-
man Brady. Carried by the foliowing
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
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 Brady. Carried by the following
vote: '
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
ORDINANCE NO. 28-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING FOR
THE REPEAL OF SECTION 25-307 OF
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA AND ENACTING A
NEW SECTION 25.307 IN LIEU THER.
EOF TO PROVIDE TIME AND FEE
SCHEDULE FOR SPECIFIC PARKING
LOTS IN THE CITY OF DUBUQUE.
NOW THEREFORE BE IT ordained by
the City Council 01 the City 01 Dubuque
Iowa;
Section 1. That Sec. 25-307 of the
Code of Ordinances, City of Dubuque,
Iowa be and the same is hereby repealed
and a new Sec. 25-307 be enacted in lieu
thereof as follows:
Sec. 25-307. Same Time and Fee
Schedule for Specific Lots.
Parking Meters on municipally owned
-- ---
Regular Session, May 2, 1977
211
parking lots, when installed and
properly operated, shall show legal
parking upon and after deposit of the
United States coins and in the non-me-
tered parking lots, parking spaces be
rented at a monthly rate, payable in
advance, in accordance with the fol-
lowing schedule:
1. On Parking Lots Nos. 1,2,3,4,5,6,7
and 8 such meters shall show legal
parking for thirty minutes upon deposit
of each five-cent coin, or sixty minutes
upon the deposit of each ten-cent coin,
or two hours and thirty minutes upon
the deposit of each twenty-five cent
coin, but not more than a total of ten
hours at anyone time. The maximum
legal parking time limit for anyone
vehicle at one anyone time shall be ten
hours.
2. On the Parking Lot No.9, parking
space rented at a monthly rate of six-
teen dollars plus three percent state
service tax, payable in advance."
Passed, approved and adopted this
2nd day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt City Clerk
Published officiolly in the Telegraph
Herald Newspaper this 5th day of May,
1977.
Leo F. Frommelt
City Clerk
It 5/5
Mayor Stackis moved final adoption
of the Ordinance. Seconded by Coun-
cilman Brady. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
City Manager requested approval and
was granted same for Rates to become
effective June 6, 1977.
ORDINANCE NO. 29-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING FOR
THE REPEAL OF SECTION 25-327 OF
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA AND ENACTING A
NEW SECTION 25-327 IN LIEU
THEREOF TO PROVIDE FEE
SCHEDULE IN THE RESPECTIVE
PARKING METER DISTRICTS IN THE
CITY OF DUBUQUE,
said Ordinance being a revised ordin-
ance of the one considered at Council
Meeting of April 4, 1977, presented and
read. Mayor Stackls moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Mayor Stackis moved that the ruie
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 Brady. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
ORDINANCE NO. 29-77
AN ORDINANCE OF THE CITY OF
DUBUOUE, IOWA PROVIDING FOR
THE REPEAL OF SECTION 25-327 OF
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA AND ENACTING A
NEW SECTION 25.327 IN LIEU THER.
EOF TO PROVIDE FEE SCHEDULE IN
THE RESPECTIVE PARKING METER
DISTRICTS IN THE CITY OF
DUBUQUE.
NOW THEREFORE BE IT ordained by
the City Council 01 the City 01 Dubuque,
Iowa.:
Section 1. That Sec. 25-327 of the
Code of Ordinances, City of Dubuque,
Iowa be and the same is hereby repealed
and that a new Sec. 25-327 be enacted In
lieu thereof as follows:
"Sec. 25-327. Fee Schedule.
Subject to the limitations provided in
this division, parking meters, when in-
stalled and properly operated, shall
show legal parking upon and after
deposit of United States coin in accor-
dance with the following schedule:
1. In Parking Meter District A such
meters shall show legal parking for
fifteen minutes upon deposit of each
five-cent coin or thirty minutes upon
deposit of one ten-cent coin but not
more than a total of sixty minutes at
anyone time.
2. In parking Meter district B such
meters shall show legal parking for
twenty minutes upon deposit of each
five-cent coin or forty minutes upon the
deposit of one ten-cent coin or one hour
and forty minutes upon the deposit of
one twenty-five cent coin, but not more
than a total of sixty minutes at anyone
time.
3. In Parking Meter District C such
meters shall show legal parking for
thirty minutes upon the deposit of each
five-cent coin, or sixty minutes upon the
212
Regular Session, May 2, 1977
deposit of each len-cent coin, or two
hours and thirty minutes upon the
deposit of each twenty-five cent coin,
but not more than a total of ten hours at
anyonetime.
Passed, approved and adopted this
2nd day of May, 1977.
EmiiStackis
Mayor
Thomas A. Tuliy Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
published officially in the Telegraph
Herald Newspoper this 5th day of May,
1977.
Leo F. Frommelt
City Clerk
115:5
Mayor Stackis moved final adoption
of the Ordinance. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
City Manager requested approval and
was granted same for rates to become
effective June 6, 1977.
Communication of Planning and
Zoning Commission advising as being
against establishment of a R-1 District
and favors the permanent continuation
of Agricultural Zoning of, recent voiun-
tary annexations of portions of Hens-
chel's Biack Forest Sub division and An
Ordinance amending Zoning Ordinance
to rezone and classify recently annex ed
property in Henschel's Black Forest in
an R-1 residential district classification,
presented and read. Councilman
Wertzberger moved that the commun-
ication and ordinance be referred to the
City Attorney. And a public hearing be
held on June 6, 1977 at 7:30 P.M.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Petition of Dubuque Downtown
Ass'n. requesting permission to sell food
In the Town Clock area during the
sponsoring of a fasbing show on Satur-
day, May 7th, presented and read.
Councilman Wertzberger moved that
the petition be approved subject to final
approval of the City Manager. Seconded
by Councilman Brady. Carried by the
following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Petition of Dubuque Downtown
Ass'n. requesting permission to conduct
their annual garage sale event within
the Town Clock Plaza on May 21, 1977,
presented and read. Councilman
Wertzberger moved that the petition be
approved subject to final approval of
the City Manager. Seconded by Coun-
cilman Brady. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Petition of Sydney Miller et al (6
signers) requesting vacation of the alley
between Lots 22 and 30 South Park Hill
Addn. and Lot 1 and Lot 2 of 1 and Lot 1
of 2 of 2 of El Ru Place, presented and
read.
Mr. Cherioli of 2777 Broadway spoke
to Council advising he will give ea-
sement. Councilman Wertzberger
moved that the petition be referred to
the City Manager and Engineering
Department for investigation and
report. Seconded by Councilman Brady.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilmen Pregler.
Petition of Richard L. Keiffer et al (25
signers) requesting consideration on
various items of concern at Schmitt
Harbor Ramp., also as to the possible
closing of the Point area ramp to dock
the Delta Queen, presented and read.
Richard Keiffer of 2150 Shiras Ave.,
spoke relative to the petition stating
ramps have no float facilities; Receive
no Dock Board cooperation.
Don Kaufmann of Balboa Drive
requested putting a float in Schmitt
Harbor; Why drive on gravel road.
Councilman Wertzberger moved that
the petition be received and filed and
referred to the Dock Commission for
investigation and report. Seconded by
Mayor Stackis. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Councilman Tully moved to request
all boards and Commission to meet at
least once a monih at 4:00 o'clock P.M.
or later. Seconded by Councilman
Brady. Carried by the following voie:
Yeas - Mayor Stackis, Councilmen
Regular Session, May 2, 1977
213
Brady, Tully.
Nays - Councilman Wertzberger.
Absent - Councilman Pregler.
Proof of Publication, certified to by
the Publisher, on Resolution of Necessi-
ty for construction of Main Street
Lighting from First to Fourth Street,
presented and read. Councilman
Wertzberger moved that the proof of
publication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Resolution No. 119-77, Necessity for
Improvement for construction of Main
Street Lighting from First to Fourth,
presented for Final Adoption. Council-
man Wertzberger moved to table final
adoption of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilman
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Proof of Publication, certified to by
the Publisher, of Notice to Contractors
of receipt of proposals for construction
of Central Avenue Street lighting from
9th to 12th Street, presented and read.
Mayor Stackis moved that the proof of
publication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Apri122,1977
To the Honorable Mayor
and City Council
Pursuant to your instructions, sealed
proposals were received until 10:00 a.m.,
C.S.T., Friday, April 22, 1977, for the
Central Avenue Street Lighting from
9th Street to l2tb Street.
The lowest bid was entered by Tri-
State Paving, Division of Dubuque
Stone Products Company of Dubuque,
Iowa. Their bid was $20,511.20 which is
12.9% under tbe Engineer's Estimate.
I recommend that the contract be
awarded to Tri-State Paving, Division of
Dubuque Stone Products Company.
Gilbert D. Chavenelle
City Manager
Mayor Stackis moved that the com-
munication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
(Awarding Contract)
RESOLUTION NO. 133-77
WHEREAS, sealed proposals have
been submitted by contractors for the
Central Avenue Street Lighting from
9th Street to 12th Street pursuant to
Resolution No. 101-77 and notice to
bidders published in a newspaper pub-
lished in said City on April 11, 1977 and
WHEREAS, said sealed proposals
were opened and read on April 22,1977,
and it has been determined that the bid
of Tri-State Paving, Division of
Dubuque Stone Products Company of
Dubuque, Iowa in the amount of
$20,511.20 was the lowest bid for the
furnishing of all labor and materials and
performing the work as provided for in
the plans and specifications; now
therefore,
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque that the
contract for the above mentioned im-
provement be awarded to Tri-State
Paving, Division of Dubuque Stone
Products Company and the Manager be
and he is hereby directed to execute a
contract on behalf of the City of
Dubuque for the complete performance
of said work.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and
the approval of the contractors bond the
City Treasurer is authorized and in-
structed to return the bid deposits of the
unsuccessful bidders.
Passed and adopted this 2nd day of
May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk.
Mayor Stackis moved adoption of the
resolution. Seocnded by Councilman
Tully. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Proof of !?ublication, certified to by
the Publisher, of Notice to contractors
of receipt of proposals for construction
of interconnection of 14th Street and
the intersection of 16th and Elm to the
C.RD. System, presented and read.
Mayor Stackis moved that the proof of
publication be received and filed.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and
the approval of the contractors bond the
City Treasurer is authorized and in-
structed to return the bid deposits of the
unsuccessful bidders.
Passed and adopted this 2nd day of
May, 1977.
214
Regular Session, May 2, 1977
Regular Session, May 2, 1977
215
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
April 22, 1977
To the Honorable Mayor
and City Council
Pursuant to your instructions, sealed
proposals were received until 10:00 a.m.,
C.S.T., Thursday, April 21, 1977, for the
Interconnection of 14th Street and the
intersection of 16th and Elm to the
C.B.D. System.
The lowest bid was entered by Patrick
T. O'Dowd Construction Company of
Dubuque, Iowa. His bid for alternate no.
1 was $8,510.53 which is 11.9% under the
Engineer's Estimate and for alternate
no. 2 his bid was $11,401.21 which is
13.3% under the Engineer's Estimate.
I recommend that the contract for
alternate no. 2 be awarded to Patrick T.
O'Dowd Construction Company.
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, Councilman
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
(Awarding Contract)
RESOLUTION NO. 134-77
WHEREAS, sealed proposals have
been submitted by contractors for the
Interconnection of 14th Street and the
intersection of 16th and Elm to the C. B.
D. System pursuant to Resolution No.
104-77 and notice to bidders published in
a newspaper published in said City on
April II, 1977 and
WHEREAS, said sealed proposals
were opened and read on April 21, 1977,
and it has been determined that the bid
of Patrick O'Dowd Construction Com-
pany of Dubuque, Iowa in the amount of
$11,401.21 was the lowest bid for the
furnishing of all labor and materials
performing the work as provided for in
the plans and specifications: now
therefore,
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque tbat the
contract for the above mentioned im-
provement be awarded to Patrick
O'Dowd Construction Company and
the Manager be and he Is hereby direct-
ed to execute a contract on behalf of the
City of Dubuque for the complete per-
formance of said work.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
Lot20f Loti of Lot10f Loti of Lot
1 of Lot 1 of Lot 1 of Mineral Lot 510
in Section 2, Township 88 North,
Range 2 East of 5th Principal Me-
ridian, in Table Mound Township,
Dubuque County, Iowa.
Lot2 of Lot 1 of Lot 1 of Mineral Lot
510 in Section 2, Township 88
North, Range 2 East of 5th Principal
Meridian, in Table Mound Town-
ship, Dubuque County, Iowa.
and is according to the recorded plats
thereof, and is enclosed Within red
lines on Sheet 2 of 2.hereof.
Attached hereto and made a part
hereof by this reference, marked Exhibit
"A" is a plat showing the above de-
scribed Real Estate and its relation to
the existing limits of the City of
Dubuque, Iowa.
By D. James Edwards
By Patricia Edwards
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Stackis moved adoption of the
resolution. Seocnded by Councilman
Wertzberger. Carried by the foliowing
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Application for Annexallon of
Property to City of Dubuque, Iowa
The Honorable Mayor and Members
of the City Council of the City
We, the undersigned, record titie
holders of the following described Real
Estate, which is contiguous to the City
of Dubuque, Iowa do hereby request
and petition that the Real Estate be
annexed to, and made a part of the City
of Dubuque, Iowa, to-wit:
Lot 2 of Northeast One-Quarter of
Northwest Fractional One-Quarter,
Section 2, Township 88 North,
Range 2 East of 5th Principal Me-
ridian, in Table Mound Township,
Dubuque County, Iowa.
Lot 2 of Lot 2 of Mineral Lot 498 in
Section 2, Township 88 North,
Range 2 East of 5th Principal Me-
ridian, in Table Mound Township,
Dubuque County, Iowa.
Lot 1 of Lot 1 of Lot 1 of Mineral Lot
498 in Section 2, Township 88
North, Range 2 Eastof5th Principal
Meridian, in Table Mound Town-
sbip, Dubuque County, Iowa.
Lot 2 of Lot No. I of MineraJ Lot 498
in Section 2, Township 88 North,
Range 2 East of 5tb Principal Me-
ridian, in Table Mound Township,
Dubuque County, Iowa.
Lot2 of Lot I of Lot 1 of Mineral Lot
498 in Section 2, Township 88
North, Range 2 East of 5th Principal
Meridian, In Table Mound Town-
ship, Dubuque County, Iowa.
Lot 2 of Lot 1 of Lot 2 of "Beverly
Pines" in Section 2, Table Mound
Township, Dubuque County, Iowa.
Councilman Wertzberger moved ap-
proval of the application. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilmen Pregler
RESOLUTION NO. 135-77
WHEREAS, the owners of an area
approximately 25,482 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-
nexation of their property to the City of
Dubuque, Iowa: and
WHEREAS, the inbabitants of said
territory will be enabled to secure the
benefits of city government in the way
of police and fire protection if said
territory is incorporated within the city
limits of the City ofDubuque, 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 CityofDubuque, Iowa; and
WHEREAS, Cbapter 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 tbe
public health of tbeCity 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.
That parcel of real estate described as
............. 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
2nd day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
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, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
April 26, 1977
Honorable Mayor
and Councilmen
We seek to confirm your selection of
alignment alternatives for the North-
west Arterial. We have attached a re-
solution for this purpose, and have at-
tempted to refiect your expressed con-
census in the identification of align-
ments for further study.
The matter of an alignment selection
in the vicinity of Admiral Street (Met-
tel-Byrne Subdivision) was also raised
at your work session of April 25. In
reviewing our communication to you
of February 16, 1977, and the resolution
authorizing protective acquisition of a
selected roadway corridor in the Siegert
farm, it appears that the implications of
tbat action may not have been clear.
Therefore, we have re-submitted our
letter and our earlier correspondence
with tbe Federal Highway Administra-
tion and Iowa DOT for your review. We
will be prepared to address the Council
on this matter is you so desire.
Daniel Dittemore
Director of Community
Development
216
Regular Session, May 2, 1977
Councilman Tully moved that the
communication be received and filed.
Seconded by Mayor Stackis. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
A Resolution Identifying alternative
alignments for a Northwest Arterial
Roadway was presented and read.
Terry Carlsen of 2055 Admiral Street
addressed the Council questioning how
close would concrete come to their
properties? Is road below level of
houses? Suggesting to move road 50 feet
west; Does not want to create a problem
but are looking for protection: Re-
questing that their interests be
protected.
Councilman Brady moved to add
subsection (c) to section I to provide
that intersections other than Dodge
Street, Pennsylvania Ave., Asbury
Road, John F. Kennedy Road and High-
ways 3 and 52 are undesirable and not to
be considered at this time. Seconded by
Councilman Wertzberger.
Vote on the motion was as follows:
Yeas - Councilman Brady.
Nays - Mayor Stackis, Councilmen
Tully. Wertzberger.
Absent - Councilman Pregler. -
RESOLUTION NO. 136-77
A Resolution Idenlllying Alternallve
Alignments for a Proposed Northwest
Arterial Roadway, to be Subjected to
Further Study and Evaluallon Accord-
Ing to a Corridor Location Study Auth-
orized by Resolution No. 423-75.
WHEREAS, the City Council of the
City of Dubuque, Iowa, is sponsor of a
corridor location study of a proposed
Northwest Arterial Roadway, according
to Resolution No. 423-75; and,
WHEREAS, said corridor location
study provides that tbere shall be a
pre-evaluation state, in which the con-
sultant shall provide a recommendation
to the Dubuque City Council and to the
Policy and Technical Committees of the
Dubuque Metropolitan Area Transpor-
tation Study as to the alternate align-
ments to be further evaluated in the
evaluation stage. Following the report
of the Dubuque City Council, the Com-
mittees will select the alternates to be
evaluated and will notify the consultant
to proceed with the evaluation; and,
WHEREAS, a report on said pre-
evaluation stage has been made to the
City Council on April 25, 1977, and a
series of feasible alternate alignments
has been presented and shown upon the
facsimile map hereto attached and
marked Exhibit "A",
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Sactlon 1. That alternate alignments
recommended for further study in tbe
evaluation stage shall include the fol-
lowing, as shown upon the fascsimile
map hereto attached and marked Ex-
hibit"A":
A. West Section - Segments A, B, D, E,
and G, and including evaluation of
grade separated interchanges in lieu of
street Intersections at Dodge Street,
Pennsylvania Avenue, and Asbury
Road, and an evaluation of potentially
adverse Impacts upon residential areas
adjacent to Segment D and of possible
means of ameliorating such impacts in
the design and location of said segment.
B. North Section - Segments J, 0, L,
M, and N, and including an evaluation of
grade separated interchange versus
street intersections at John F. Kennedy
Road and at the junction of Highways 3
and 52 (Central Avenue).
Saction 2. That the foregoing recom-
mendation is made pursuant to provi-
sions of Paragraph F. Pre-evaluation
Stage, as set forth in the Addendum -
Detailed Description of Planning and
Engineering Services attached to a
Contract for Engineering Services
authorized pursuant to Resolution No.
423-75, and that such recommendations
shall herewith be transmitted to the
Technical and Policy Committees of the
Dubuque Metropolitan Area Transpor-
tation Study for their concurrence.
Passed, adopted and approved this
2nd day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
the resolution. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
ApriI26,1977
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission, has reviewed two
final plats. The first piat, described as
Lot 2 of 2 of 2 of Mineral Lot 263, is a
simple subdivision of a larger lot which
Regular Session, May 2, 1977
217
was divided to permit the south 166.98
feet of that subdivision to become part
of Asbury Springs Subdivision No.4.
The subdivision of that portion of Min-
eral Lot 263 is shown on the attached
map. The properties lie south of Asbury
Road and east of John F. Kennedy Road
in the City of Dubuque, Iowa.
You will also find attached a map
showing the final plat of Blocks I
through 6 of Asbury Springs Subdivi-
sion and the incorporation of the afor-
ementioned portion of Mineral Lot 263.
The Planning and Zoning Commission
has found both plats to be in confor-
mance with the Subdivision Regula-
tions and the Zoning Ordinance of the
City of Dubuque, Iowa, and has ap-
proved the plats and recommends your
favorable consideration.
CITY PLANNING AND
ZONING COMMISSION
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, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
RESOLUTION NO. 137-77
Resolullon Approving the Plat of Sur-
veyot Lot 2-2-2 of Minerai Lot 263,
In the City of Dubuque,lowa.
WHEREAS, there has been filed with
the City Clerk a plat of survey of Lot 2
of2 of2 of Mineral Lot 263 in the City of
Dubuque, Iowa, by Paul G. Schnoren-
berg and Grace A. Schnorenberg, Hus-
band and Wife; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereof; 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 survey of
Lot 2 of 2 of 2 of Mineral Lot 263 in the
City of Dubuque, Iowa be and the same
is hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon said plat.
Passed, adopted and approved by un-
animous recorded roll call this 2nd day
of May, A.D., 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Werizberger
James E. Brady
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, Coucncilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
RESOLUTION NO. 138-77
Resolution approving the Plat ot As-
bury Springs Subdivision No.4 In
the City of Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the subdivision
to be known as Asbury Springs Sub-
division No.4 in the City of Dubuque,
Iowa, by: Asbury Springs LTD., an Iowa
Limited Partnersbip, by Paul W.
Powers, General Partner, and David J.
Powers, General Partner; Philip A.
Powers and Martha F. Powers; Powers
Land Company, A Partnership by Paul
W. Powers, a single partner, David J.
Powers, partner, and Maureen K.
Powers, wife of David J. Powers: and
Paul G. Schnorenberg and Grace A.
Schnorenberg, his wife; and the vaca-
tion of existing easements within the
area of Asbury Springs Subdivision No.
4, all as shown on the recorded plats of
Lot 2 of Picardy Park, and Lot 2-2-2 of
Mineral Lot 263, in the City of Dubuque,
Iowa: and
WHEREAS, upon said plat appear
streets to be known as Pasadena Drive,
Foothill Court, Vail Trail, and Cher-
bourg Court, together with certain
public utility easements which the
Owners by said plat have dedicated to
the public forever; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
Ing Commission and has its approval
endorsed thereof: 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, except
that street grades have not been estab-
lished, the streets brought to grade, or
paving, sewer or water installed;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa:
security in such form and witb such
sureties as may be acceptable to the
City Manager.
Section 3. That in the event David
J. Powers and Paul W. Powers, d:b:a
Powers Land Company, A Partnership,
shall fail to execute the acceptance and
furnish the security provided for in
Section 2 hereof, within 45 days after
the date of this Resolution, the provi-
sions 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 2nd
day of May, AD., 1977.
Emil Stackis
Mayor
Thomas A Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
218
Regular Session, May 2, 1977
Regular Session, May 2, 1977
219
Section 1. That the vacation of said
existing easements and tbe dedications
of Pasadena Drive, Foothill Court, Vail
Trail and Cherbourg Court, together
with the new easements for public
utilities as the same appear upon said
plat, be and the same are hereby
accepted;
Section 2. That the plat of Asbury
Springs Subdivision No.4 in the City of
Dubuque, Iowa, be and the same is
hereby approved and the Mayor and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa, upon said plat,
provided the owners of said property
herein named, execute their written
acceptance hereto attached agreeing:
a. To reduce all streets to grade and to
construct concrete curb and gutter and
to hard surface Pasadena Drive, Footh-
ill Court, Vail Trail and Cherbourg
Court with bituminous concrete, or
with concrete paving witb integral
curb, all in accordance with City of
Dubuque standard specifications;
b. To install sanitary sewer mains and
sewer service laterals in accordance
with plans submitted with the plat;
c. To install water mains and water
service laterals in accordance with
plans submitted with the plat;
d. To install storm sewers and
catchbasins in accordance with plans
submitted with the plat;
e. To install concrete sidewalks as
required by Ordinances, and where dir-
ected by the City Engineer and the City
Manager;
f. To construct all improvements in
compliance with any and all applicable
City of Dubuque Specifications and as
approved by the City Engineer;
g. To maintain the foregoing im-
provementsfor a period of four (4) years
from the date of their acceptance by the
City of Dubuque, Iowa;
h. To provide the foregoing con-
struction and maintenance at the sole
expense of the Developer and Sub-
divider, Powers Land Company, A
Partnership, as owners:
i. To construct said improvements,
except sidewalks, prior to July 15, 1978,
and to construct the sidewalks prior to
July 15, 1979.
j. To install in accordance with City
Specification, boulevard street lighting
within thirty (30) days after the com-
peletion of the adjacent curb and gutter
within any particular section of the
proposed Subdivision; and further
provided that said Powers Land Com-
pany, A Partnership, as owners of said
Subdivision, secure the performance of
the foregoing conditions by providing
ATTEST:
Leo F. Frommelt
City Cierk
ACCEPTANCE OF R~SOLUTION NO.
138-77
We, the undersigned Asbury Springs
LTD" an Iowa Limned Partnership, by
Paul W. Powers, General Partner, and
David J. Powers, General Partner;
PhlllipA.PowersandMartha F. Powers;
Powers Land Company, A Partnership,
by Paul W. Powers, a single partner,
David J. Powers, partner, and Maureen
K. Powers, wife of David J. Powers; and
Paul G. Schnorenberg and Grace A.
Schnorenbarg, his wife;
having read the terms and conditions of
the foregoing Resolution No. 138-77 and
being familiar with the conditions ther-
eof, hereby accept the same and agree to
perform the conditions required therein.
Dated at Dubuque, Iowa this 5th day
of May, 1977.
TO: Leo F. Frommelt, City Clerk
This is to certify that the security
provided by the foregoing Resoiution
No. 138-77 has been furnished by the
Owners.
Dated at Dubuque, Iowa, this 19th
day of May, 1977.
Gilbert D. Chavenelle
City Manager
Councilman Wertzberger moved
adoption of tbe resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays - None.
Absent - Councilman Pregler.
Resolution No. 139-77
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
Gary Lee Nielsen and Dwaine D. Bow-
man, (Also Sunday Sales), 841 Cen-
tral Ave.
Herbert F. Bisping, 1401 Elm Street
Jim R. Jach - Dr. Robert Myers, (Also
Sunday Sales), 4th Street Ball Park.
Evening Optimist Club of Dubuque,
(Also Sunday Sales), McAleece Field
Passed, adopted and approved this
2nd day of May, 1977.
Emil Stackis
Mayor
Thomas A Tuliy Jr.
Richard Wertzberger
James E. Brady
Councilmen
Asbury Springs LTD., an
Iowa Limited Partnership
Paul W. Powrers
General Partner
David J. Powers
General Partner
Philip A Powers
Martha F. Powers
Powers Land Company,
a Partnership
Paul W. Powers
a Single Partner
David J. Powers
Partner
Maureen K. Powers
Wife of David J.
Powers
Paul G. Schnorenberg
Grace A. Schnorenberg
ATTEST:
Leo F. Frommeit
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
RESOLUTION NO. 140-77
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
Gary Lee Nielsen and Dwaine D. Bow-
man, (Also Sunday Sales), 841 Cen-
tralAve.
Herbert F. Bisping, 1401 Elm Street
Jim R. Jach - Dr. Robert Myers, (Also
Sunday Sales), 4th Street Ball Park
Evening Optimist Club of Dubuque,
(Also Sunday Sales), McAleece Field
Passed, adopted and approved this
2nd day of May, 1977
Emil Stackis
Mayor
Thomas A Tully Jr.
Richsrd Wertzberger
James E. Brady
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, Tully, Wertzberger.
Nays - None.
Absent - Councilmen Pregler
RESOLUTION NO. 141-77
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa:
Section 1. That the Agreement made
and entered into by the City of
Dubuque, Iowa and Dubuque County,
Iowa relating to the maintenance of
prisioners confined in the Law Enfor-
cement Center for violation of City
Ordinances a copy of which is hereto
attached, be and tbe same is hereby
approved.
Section 2. That the Mayor and the
City Clerk be and they are hereby auth-
orized and directed to execute same for
and on behalf of the City of Dubuque,
Iowa.
Passed, approved and adopted this
2nd day of May, 1977
Emil Stackis
Mayor
Thomas A Tully Jr.
Richard Wertzberger
James E. Brady
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
220
Regular Session, May 2, 1977
Special Session, May 16, 1977
221
CITY COUNCIL
Mayor Stackis moved adoption of the
resolution. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler.
Mr. Joseph Takos addressed the
Council relative to the proposed sale of
an alley in Market Square area to Mr.
Miller as a follow up of his presentation
to the Council on February 21,1977.
Councilman Brady moved that the
public hearing be held on June 6, 1977 at
7:30 o'clock P.M. in the Council
Chamber on proposed lease for vacation
and sale of said alley. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Tully, Wertzberger.
Nays-None.
Absent - Councilman Pregler
Leo F. Frommelt
City Clerk
Approved ..... ..... ........ 1977
OFFICIAL
.......... 1977
Adopted
Special Session, May 16,1977.
Council met at 7:30 P.M. (C.D.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 meeting is called To consider
Adoption 01 a Resolution Authorizing
Execution 01 Annual Conrtrlbutlons
Contract with U.S. Department 01
Housing and Urban Development Sec-
tion 6 and acting upon such other busi-
ness as may properly come before a
Regular Meeting of the Council.
Invocation was given by Rev. George
Krumrey, Pastor of St. John's Lutheran
Church and President of Dubuque
P.T.A. Council.
Proclamations proclaiming Months of
May thru August 1977 as "Jobs for
Students Months"; May 15 thru 21, 1977
as "fnsurance Women's Week" in the
City of Dubuque: Monday, May 16,1977
as support "ERA day in Dubuque,
Iowa"; and month of June, 1977 as
"Burglarly Prevention Month" were
read, approved and signed by Mayor
Stackis.
Communication of Five Flags Build-
Ing Committee submitting minutes of
their meeting of April 28, i977, present-
ed and read. Councilman Pregler 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 Board of Dock
Commissioners submitting minutes of
their meetings of April 20 and May 4,
1977, presented and read. Councilman
Pregler 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 and
Zoning Commission submitting min-
utes of their meeting of April 26, 1977,
presented and read. Councilman Pregler
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.
..............
..................".
.....................
................
..................".
Councilmen
ATTEST:
City Clerk
Nays-None.
Communication of Dubuque Transit
Trustee Board submitting minutes of
their meeting of April 25, 1977, present-
ed and read. Councilman Pregler 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 - Mone.
Notice of Corps of Engineers advising
of application by Robert Kehl for the
construction of a building along shore
and mooring facilities in ihe Ice
Harbor, presented and read. Council-
man Pregler moved tbat the Notice be
referred to the City Manager and Staff.
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. sub-
mitting water main extension permit for
Cedar Cross Road, 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.
Communication of Kay Boardman
making inquiry as to help and relief
from the cat nuisance in her area at 91
Burns Street, presented and read.
Councilman Wertzberger moved that
the communication be referred to
Council. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of W. 11th Street
Neighborhood submitting four names
for consideration to serve on the His-
toric Committee, presented and read.
Councilman Wertzberger moved that
the communication be referred to
Council. Seconded by Councilman Tul-
ly. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque County
Ass'n. for Mental Health requesting
Council's favorable concensus toward
their organization by voting in
favor of their budget request, presented
and read. Councilman Wertzberger
moved that the communication be
referred to Council. Seconded by Coun-
cilman Tully. Carried by the foliowing
vote:
222
Special Session, Mary 16, 1977
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of TV-FM Cable Ad-
visory Commission recommending two
additional appointments, names at-
tached, to Cable Advisory Commission,
presented and read. Councilman
Wertzberger moved that the commun-
ication be referred to Council. Seconded
by Councilman Tully. Carried by tbe
following vote:
Yeas - Mayor Stackis, Councilman
Brady, Pregler, Tully, Wertzberger.
Nays - None.
April27,1977
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed the
request of Mrs. Lavon Duscher to re-
classify Lot 34 of O'Neill's Riverview
Addition from R-2 Residential District
to R-4 Residential District classification
to permit her to build a duplex on the
property. The 5000 square foot lot is
located in the 500 block ofO'Neill Street
in the City of Dubuque, Iowa, as shown
on the attached map. .
The Planning and Zoning Commis-
sion has voted to deny the petition
based on'the following: the size of the
property (50' x 100'); the single-family
residential cbaracter of the neighbor-
hood and that reclassification of tbis
property would constitute "spot" zon-
ing and set a precedent for similar
requests In the future. The Commission
recommends that the request be denied.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of Community
Development
Councilman Wertzberger moved that
the communication be received and
filed and recommendation of denial be
approved. Seconded by Councilman
Tully. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ApriI27,1977
Honorable Mayor
and Councilmen
RE: Informational Communication
- No Action Requested
The City of Dubuque Planning and
Zoning Commission bas held reclas-
sification request review on the follow-
ing properties:
1. The Commission has scheduled a
public hearing on the petition of Ri-
chard and Marian Bissell to reclassify
their property at 900 West Third Street
from R-3 Residential District to OR-1
Office Residential District classification.
A map and informational report of the
property are attached and are identified
as Item:!.
2. The Commission has scheduled a
public hearing on the petition of Dennis
Baumhover which requests OR-1 Office
Residential classification on property at
2615 Dodge Street which is presently
classified in a C-3 Arterial Business
Commercial District zone. A map and
informational report of the property are
attached, and are identfied as Item no. 2.
3. The Commission has scheduled a
public hearing on Lots I through 7 of
Block 2 of "Birch Acres" seeking to
change the zoning classification on that
property from R-3 Residential District
to R-2 Residential District. A map and
informational report on the property are
attached, and are Identified as Item no.
3.
4. The Commission has scheduled a
public hearing on tberequest of William
and Virginia Jahnke to expand an ex-
isting OR-I Office-Residential District
to include their West 32nd Street
property, now zoned R-l Residential
District, A map and informational
report on the property are attached, and
are identified as Item no. 4.
5. The Commission has also scheduled
a public hearing to reclassify Lots 1
through 19 to "Jaeger Heights" Sub-
division from R-4 Residential District to
R-2 Residential District: and to also
apply R-2 District classification to Lots
20 and 21 of "Jaeger Heights" and Lot 2
of the sub of Lot 2 of Lot 2 in "Schrup's
Subdivision" which property was
recently annexed by voluntary petition.
A map and information report are at-
tached, and are identified as Item no. 5.
A public hearing will be held by the
City of Dubuque Planning and Zoning
Commission on May 18, 1977, on all of
the aforementioned petitions, after
which the Commission will transmit its
findings to you.
CITY PLANNING AND
ZONING COMMISSION
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.
Communication of YWCA-YMCA
expressing thanks for efforts extended
Special Session, May 16, 1977
223
by the City in the "Youth in Govern-
ment" Program, presented and read.
Councilman Wertzberger moved tbat
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.
Printed Council Proceedings for the
month of January, 1977, presented for
Council approval. Councilman Pregler
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.
Communication of Dubuque Dock
Commission submitting a list of items of
compliance to Richard Kieffer's
request for benefit of the boating public,
presented and read. Councilman Pregler
moved that the communication be
received and filed, Seconded by Coun-
cilman Wertzberger. Carried by the fol-
iowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Richard L. Kieffer
requesting permission to address the
Council. Councilman Pregler moved
that the petition be withdrawn by
request of the petitioner. Seconded by
Councilman Wertzberger.
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Dubuque Ambas-
sadors requesting an opportunity to be
heard at the Council on May 16, 1977
indicating a pleasant task, presented
and read. Councilman Pregler moved to
suspend 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.
Dave Setter, Chairman of Dubuque
Ambassadors addressed the Council
stating that the Ambassadors bad
received a check for $500.00 from the
State and suggested that the check be
passed on to the Transit Board.
Councilman Wertzberger moved that
the check be given to the Transporta-
tion Committee to use as they see fit.
Seconded by Mayor Stackis. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully. Wertzberger.
Nays-None.
Transit Board Chairman, Chester
Solomon, received the check and ex-
pressed appreciation. Councilman Pre-
gler moved that the communication of
Dubuque Ambassadors 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 Operation New
View indicating a willingness to discuss
funding allocations, possibly Monday,
May 16th or whatever date is suitable,
presented and read. Councilman Tully
moved that the communication be
received and filed and referred to the
Council Meeting to be held on May 24,
1977 at 7:30 P.M. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None,
May 9, 1977
Honorable Mayor
and Councilmen
We hereby submit a staff report on
"Reconstruction of the Madison Street
(Seminary Hill) Steps."
In 1975, the City Council expressed its
desire to obtain a preliminary design
and cost estimate for this project in
hopes of attracting public and private
interest. The matter was referred to
staff on October 20, 1975, and initial
work began in collaboration with a
committee of councilmen, city staff, and
private citizens. The committee sug-
gested that a well-presented design and
preliminary cost estimate could be ef-
fective in attracting public interest and,
perhaps, private contributions. Staff
work was carried out in response to that
suggestion.
As a design and report were achieved,
we felt that the purpose of attracting
public interest would be served by the
added stature the project might receive
in national design competition. The de-
sign was entered in the recent National
Awards Program of the American
Society of Landscape Architects. 1 am
pleased to report that the design is one
of two projects receiving a Special
Recognition Award in this year's ASLA
competition. The comments of the
award jury are included in the attached
report.
As an initial request for consultant
assistance was denied, we had feit un-
easy in undertaking a project so
demanding of design skills. I believe
that David Dahlquist (as project direc-
224
Special Session, May 16, 1977
tor), Larry Dunkin, and Sandy Welsh
have performed very we)! in a challeng-
ing assignment. We hope that you will
find their work to be a successful re-
sponse to the Council's directive of
October, 1975. We look forward to pre-
senting the project to you. We recom-
mend that the report be received, filed,
and referred to your official record for
the benefit of any public or private
interest that may emerge in support of a
Madison Street Steps reconstruction
project.
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.
May 11,1977
Honorable Mayor
and City Council
This is relative to a letter dated April
21, 1977 addressed to Ihe City Council
by Francis J. O'Connor with an attached
statement of objection from residents of
the sunset Ridge Subdivision.
A meeting was held by citizens of this
neighborhood with representatives of
our Public Works Department on April
20,1977. At this meeting the route of the
proposed sewer, the total cost and the
assessable cost were explained. Refer-
ence to this meeting is made in the letter
from Mr. O'Connor to the Council.
In consideration of the objections
from the neighborhood we would
recommend dropping the proposed
project. We would suggest that the
money assigned to this project in the FY
'78 budget be assigned to other sanitary
sewer projects, which will be submitted
to the City Council in the near future.
Gilbert D. Chavenelle
City Manager
Daniel Dittemore
Director of Community
Development
Councilman Wertzberger moved that
the communication be received and
filed and referred to Council to explore
creative funding. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
Communication of Ad Hoc Preserva-
tion Advisory Board submitting a list of
names being recruited worthy can-
didates for member ship on Historical
Preservation Commission, presented
and read. Councilman Tully moved that
the communication be received and
filed and referred to the Council Meet-
ing of May 24,1977. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
BrOdy, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Wertzberger moved that
the communication be received and
filed and recommended project be con-
sidered in 1978 Budget and Engineering
instructed to work up alternate designs
and favoring Hamilton Glen sewage
project for money replacement.
Seconded by Councilman Pregler. Car-
ried by the following vote:
Yeas - Mayor Stackis, Councilman
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice to Contractors
of the receipt of proposals for the con-
struction of the Main Street Lighting
from First Street to Fourth Street, pre-
sented and read.
Councilman Tully 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, Tnlly, Wertzberger.
Nays-None.
May 12, 1977
Honorable Mayor
and Members of the
City Council
We have approved the following
bonds and policies for filing and wish to
have your approval of same.
GENERAL LIABILITY
Jack C. Jones, Aetna Insurance Co.,
Policy No. CG 280682 to 3-9-78
Egelhof Casper Funeral Home, Bi-
tuminous Casualty Corp. Policy No.
GA 811325 to 5-18-78
SIDEWALK CONSTRUCTION BONDS
Joe Lukens United Fire and Casualty
Co. No. 55-54271 to 5-25-78
Kenneth Schromen, Ohio Casualty In-
surance Co. No. 614989 to 6-1-78.
CertIfIcate 01 Insurance
Excess Castrophe Policy to 12-1-77, No.
Affiliated FM 72780 Fire Works
coverage
Chamber of Commerce to 2-16-80,
614NA5872, Merchants Promotion
Days.
May II, 1977
To the Honorable Mayor
and City Council
Pursuant to your instructions sealed
proposals were received until 10:00 a.m.
Gilbert D. Chavenelle
City Manager
Special Session, May 16, 1977
225
on May 9, 1977 for the Main Street
Lighting Project from 1st to 4tb Streets.
The lowest bid was submitted by
Tri-State Paving, Division of Dubuque
Stone Projects Company of Dubuque,
Iowa. Their bid was $31,072.45 which is
17.2% under the estimate.
We have been in contact witb the
Lighting Center at 484 Central con-
cerning the proposed Lightcraft Artolier
fixtures, but have been unable to obtain
all of the necessary specifications which
we feel are needed to make a proper
evaluation of the fixture. Therefore, I
would recommend that action on the
award of the contract be deferred to the
meeting of June 6, 1977, at which time
further information on the Lightcraft
fixtures will be available.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed
and referred to the Council meeting of
June 6th. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
May 5,1977
Honorable Mayor
and City Council
On March 10, 1977, ciaim was filed
against the City of Dubuque Iowa by
Robert W. McCormick of 2040 Bunker
Hill alleging that he incurred expenses
in the amount of $35.00 to $40.00 for
digging a trench due to leak in the water
main at said address. He bad been ad-
vised by the City Water Department
that the leak was on his property and his
responsibility, when in fact the leak was
in the City water main. Accordingly, Mr.
McCormick incurred actual expenses in
the amount of $77.08.
It is the recommendation of the City
Attorney's Office that said claim in the
amount of $77.08 be paid and copy of
said statement is hereto attached. So
that there is no misunderstanding, the
Council should understand that this
writer has been, and is presently, doing
some work for the estate of claimant's
mother.
Original claim is returned herewith
together wilth copy of letter of City
Water Department attesting that said
leak was on the city water main.
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 Stack is, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
May 9, 1977
Honorable Mayor
and City Council
On January 7, 1977, Patrick Finn filed
claim against the City ofDubuque, Iowa
in the amount of $14.94 as the result of
striking a defective manhole at 20th
Street between Jackson and Washing-
ton Streets.
I have made an investigation of tbis
matter and find that the cover was
broken and had fallen into the manhole.
Accordingly, it is recommended that
tbe claim of Patrick Finn, 2895 Daven-
port Street, in the amount of $14.94 be
paid and that the City Auditor be in-
structed to draw a warrant payabie to
Patrick Finn and deliver same to the
City Attorney for transmittal upon
receipt of duly executed releases.
Original claim is returned herewitb.
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.
Communication of Thermo King
Sales and Service, submitted by the City
Attorney, indicating various steps of
procedure in the procurement and fin-
alization of the lot in Industrial Park for
eventual construction, presented and
read. Councilman Tully moved that the
communication be received and filed
and extension of time be approved.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
May 10, 1977
Honorable Mayor
and City Council
On May 16, 1975, Lloyd L. Peterson
filed claim against the City of Dubuque,
Iowa for damages for personal injuries
in the amount of $5,000.00 for an alleged
fall clahning said fali resulted as a result
of stumbling and faIiing on loose gravel
on the southerly side of Second Street
between Iowa and Main Streets and said
gravel had scattered from an excavation
by the City of Dubuque Water Depart-
-,O---=--=
226
Special Session, May 16, 1977
ment at said site and that said fall oc-
curred on April 17, 1975.
Thereafter, Mr. Peterson was killed in
an auto accident on January 15, 1976
and his estate has made an offer to settle
said claim for the amount of $150.00;
and it is the recommendation of the City
Attorney that said offer be accepted and
that the City Auditor be instructed to
draw warrant payable to the Estate of
Lloyd L. Peterson, deceased, in tbe
amount of $150.00 and transmit same to
the City Attorney for delivery upon
receipt of duiy executed release.
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.
sidewalk abutting Orkin Exterminating
Company, 1825 Central Avenue and
AAA Sewing & Vacuum Supplies, 1800
Central Avenue in the city of Dubuque,
Iowa and alleging a defective condition
thereat
This matter was referred to the City
Attorney's office and thereafter, a jury
trial was held thereon resulting in a
verdict for the defendant, City of
Dubuque.
Copy of Original Notice with Petition
attached is returned herewith.
R.N, Russo
City Attorney
Councilman Tully moved that tbe
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilman
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Notice of Claim of Harlan T. Pedretti,
in the amount of $100.02, for car damage
incurred as the result of driving into an
excavation ditch at 2947 W. 32nd Street
on April 30, 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 Thomas C. Hilkln,
in the amount of $t500., for car damage
incurred as the result of a collision with
a police car on March 12, 1977 at inter-
section of 9th and Central Ave., 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.
ORDINANCE NO. 30-77
AN ORDINANCE AUTHORIZING PAUL
J. UHLRICH TO CONSTRUCT STEPS
AT 729 LINCOLN AVE. ON LOT 1 OF
N.E.1/2 OF LOT 70 COOKS ADDN.IN
THE CITY OF DUBUQUE,IOWA,
presented and read. Councilman Pregler
moved that the reading just had be
considered the first reading of tbe Or-
dinance. Seconded by Councilman
Wertzberger. Carried by tbe following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Pregler moved that the
May 10. 1977
Honorable Mayor
and City Council
On July 16, 1975, Richard A. Fuerst,
filed petition against the City of
DUbuque, Iowa in the amount of
$4500.00 and thereafter increasing said
demand to the amount of $9500.00,
claiming damages as the result of an
alleged fall on an alleged ice-snow
covered sidewalk at a point 90 feet I
southwest of the intersection of Garfield
Avenue and Roosevelt Street on the
southeasterly side thereof.
This matter was referred to the City
Attorney's Office and the matter went
to trial, and as a result of which there
was a jury verdict in the favor of tbe
CityofDUbUque,IowaonApril21,1977.
Copy of Original Notice with petition
attached is returned herewith.
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.
May 10, 1977
Honorabie Mayor
and City Council
On November 16, 1976, Thomas V.
Chapman filed Original Notice witb
petition attached of action for damages
for injuries allegedly suffered by him on
the 9th day of September 1975 as the
result of an alleged fall on a public
------
Special Se,ssio.!', May 16, 1977
227
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 Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
ORDINANCE NO. 30-77
AN ORDINANCE AUTHORIZING PAUL
J. UHLRICH TO CONSTRUCT STEPS
AT 729 LINCOLN AVE. ON LOT 1 01
N.E. 1/2 OF LOT 70 COOKS ADDN. IN
THE CITY OF DUBUQUE,IOWA.
NOW THEREFORE BE IT OR-
DAINED by the City Council of the City
of Dubuque, Iowa:
Section 1. That Paul J. Uhlrich as
owners of the premises known as Uhl-
rich Properties. 729 1/2 Lincoln In the
City of Dubuque, Iowa be, and they are
hereby granted the revocable permit
and authority to construct and maintain
Steps at 729 1/2 Lincoln under the terms
and conditions set forth in this
Ordinance.
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittes and
approved by City Manager, under the
supervision and direction of the City
Manager, and in accordance with all
applicable state and federal laws and
regulations, and the Ordinances of the
City of Dubuque.
Section 3. That the permission herein
granted is expressly conditioned on per-
mittees agreement to:
a) Assume any and all liability for
damages to persons or property which
may result from the existence, location,
installation, construction or mainten-
ance of said steps;
b) To pay on behalf of the City of
Dubuque all sums which the City of
Dubuque shall become obligated to pay
by reason of the liability imposed upon
the City of Dubuque fordamagesofany
kind resulting from the location, instal-
lation, existence, construction or main-
tenance of soid Steps, sustained by any
person or persons, caused by accident or
otherwise, to defend at its own expense
and on beholf of said City any claim
against the City of Dubuque arising out
of the location, installation, existence,
construction or maintenance of Steps
and to pay reasonable attorney fees
therefor;
c) To indemnify and hold City of
Dubuque free and harmless from any
and all claims, loss, liability and ex-
pense 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 connection with the location, in-
stallation, construction, maintenance
and repair of the facility, work or im-
provement permitted herein.
SecUon 4. That 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 Steps and in the
event of their failure so to do, the City of
Dubuque shall be authorized to remove
said Steps 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 soid Steps.
SecUon 5. Permittees covenant and
agree that the revocable permit herein
granted does not constitute an approval
of the design, erection, location, con-
struction, repair or maintenance of said
facility and said permittee hereby
covenants and agrees not to assert such
claim or defense against the City of
Dubuque in the event of claim asserted
for personal injuries and or property
damage against the permittee arising
out of or in any way connected with the
location, 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 Paul J. Uhlrich when
this Ordinance has been adopted by the
City Council and the terms and condi-
tions thereof accepted by permittees by
acceptance endorsed on this Ordinance.
Passed, approved and adopted this
16th day of May, 1977.
04080 Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF ORDINANCE NO.
30-77
The undersigned having read and be-
ing familiar with the terms and condi-
tions of Ordinance No. 30-77 hereby, for
themselves, their successors or assigns,
228
Special Session, May 16, 1977
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 5-3-77
By: Paul J. Uhlrich
Property Owner
Published officialiy in the Telegraph
Herald Newspaper this 20th day of May,
1977 I
LeoF. Frommelt
City Clerk '
1t5/20
Councilman Pregler moved final
adoption of tbe Ordinance. Seconded by
Councilman Wertzberger. Carriedby
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tally, Wertzberger.
Nays-None.
AN ORDINANCE providing that
Code of Ordinances be amended by
adding a new chapter to be numbered 12
1/2 creating a Civic Center Commission
for the City of Dubuque, Iowa, estab-
lishing number of members thereof and
prescribing the powèrs and respon-
sibilities thereof, presented and read.
Councilman Tully moved that the Or-
dinance be tabled to the Council Meet-
ing of May 24,1977. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
AN ORDINANCE vacating the alley
between Wall and Pine Streets extend-
ing westerly from Market Square and
terminating at Cypress Street in tbe
City of Dubuque, Iowa, and authorizing
disposal of same, presented and read.
Mayor Stackis moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Council-
man Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Mayor 2tackis 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 Pregler. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Mayor Stackis moved that a public
hearing be held on the Ordinance on
June 6, 1977 at 7:30 o'clock P.M. in the
Council Chamber at tbe City Hall and
that the City Clerk be instructed to
publish notice of the hearing in the
manner required by law. Seconded by
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregier, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 142-77
Approving a plat of a portion 01 a
Vacated Alley.
WHEREAS, the City of Dubuque has
vacated a portion of a certain alley to
prepare the land for sale; and
WHEREAS, a lot subdividing that
certain alley into Lot I-A in Block 18 of
Dubuque Harbor Improvement Com-
pany's Addition in the City of Dubuque,
Iowa, has been examined by the City
Council 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 plat dated May
13, 1977 prepared by John L. White, a
registered Land Surveyor, subdividing
the foIiowing described property into
Lot I-A in Block 18 of Dubuque Harbor
Improvement Company's Addition in
the City of Dubuque, Iowa, be and the
same is hereby approved.
Tbirty (30) foot wide alley from Market
Square to the ilIinois Central Rail-
road right-of-way in Block 18 of
Dubuque Harbor Improvement
Company's Addition in the City of
Dubuque, Iowa, abutting the south
part, Lots 1 through 8 inclusive, the
south part of Lot 14, Lots 15
through 22 inclusive, and Market
Square, each in Block 18.
Section 2. That the Mayor and the
City Clerk be and they are hereby auth-
orized and directed to execute said plat
for and on behalf of the City of
Dubuque, Iowa.
Section 3. That the City Clerk be and
he is hereby authorized and directed to
file a copy of this Resolution in the
Office of the County Recorder in and for
Dubuque, County, Iowa.
Passed, approved and adopted this
16th day of May, 1977.
Emil Stackis
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
Special Session, May 16, 1977
229
resolution. Seconded by Councilman
Pregler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuliy, Wertzberger.
Nays-None.
RESOLUTION NO. 143-77
WHEREAS, City of Dubuque, Iowa,
as Lessor, and Dubuque Chips, Inc., as
Lessee, propose to enter into a Lease
Agreement covering certain city owned
real estate and the term of said Lease is
in excess of three (3) years and said
lease contains and offer to purchase.
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section 1. That the proposed Lease
by and between the City of Dubuque,
Iowa, as Lessor, and Dubuque Chips,
Inc., as Lessee, be and the same is her-
ebyapproved.
Seclion 2. That the City Clerk be and
he Is hereby directed to publish notice of
intent to enter into said Lease for a term
in excess of three years as is by law
required.
Passed, approved and adopted this
16th day of May, 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 and June 6,1977 be set
as public hearing. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 31-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITV OF
DUBUQUE, IOWA, BE AMENDED BY
REVISING SECTION 25-88 OF SAID
CODE TO PROVIDE THAT OVER-
WEIGHT AND OVERLENGTH ILLINOIS
TRUCKS TO LEGALLY PICK UP AN-
D:OR DELIVER IN DUBUQUE, IOWA,
PURSUANT TO THE AUTHORITY OF
SECTION 321.457 OFTHE 1975 CODE
OF IOWA,
presented and read. Councilman Tully
moved that the reading just had be
considered the first reading of the Or-
dinance. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 31-77
AN ORDINANCE OF THE,CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA BE AMENDED BY
REVISING SECTION 25-88 OF SAID
CODE TO PROVIDE THAT OVER-
WEIGHT AND OVERLENGTH ILLINOIS
TRUCKS TO LEGALLY PICK UP AN-
D:OR DELIVER IN DUBUQUE, IOWA,
PURSUANT TO THE AUTHORITY OF
SECTION 321.457 OF THE 1975 CODE
OF IOWA.
NOW THEREFORE BE' IT OR-
DAINED BY THE City Council of the
City of Dubuque, Iowa:
Section 1. That Section 25-88 of the
Code of Ordinances of the City of
Dubuque, Iowa be amended so that
such Section shall read as follows:
Sec. 25-88. Vehicles Enlerlng City
from illinois
A motor vehicle or combination of
motor vehicles entering the corporate
limits 01 the City 01 Dubuque from the
State of Illinois or leaving the corporate
limits of the City to the State of Illinois,
may be operated upon the designated
highways and or local streets in the
commercial zones in Dubuque, Iowa,
irrespective of weight and length limi-
tations imposed by the laws of the State
of Iowa, if the weight and length of the
motor vehicle Is in compliance with the
laws relating to weight and length of
motor vehicles of the Stale of Illinois."
Passed, approved and adopted this
19th day of May,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
of this Act is to establish permanent
parking for handicapped persons.
Sec. 25-345. FACTS FOUND
The City Council of the City of Dubuque
finds there is a need for permanent
parking places for handicapped persons
in order that various facilities and bu-
sinesses within the City of Dubuque will
be accessibie to, and be functional, for
handicapped persons.
Sec. 25-346. DESIGNATED
PARKING
I. Special parking places are hereby set
aside as special parking places for han-
dicapped persons and shall be designat-
ed as special parking piaces oniy for
parking motor vehicles displaying a
special identification device issued by
the Iowa Department of Transportation.
2. In those cases where there is public
anguiar parking, such anguiar perking
piaces designated for handicapped
parking shall have a parking place
width of no less than tweive (12) feet to
provide for access 10 and from the
parking space by those handicapped
persons who are confined to wheel-
chairs or need the use of walkers or
crutches for 1heir mobility.
Sec. 25-347. SIGNS
The Chief of Police shall cause appro-
priate signs to be installed at the ap-
proved parking places indicating such
parking places are desIgnated only for
the use of handicapped persons.
Sec. 25-348. PROHIBITED USE AND
PENALTY FOR IMPROPER USE
I. The use of parking places which are
described herein as special parking
places for handicapped persons by a
motor vehicle not displaying a special
identification device issued by the Iowa
Department of Transportation shall be a
misdemeanor for which a fine of not less
than Twenty-five Dollars ($25.00) and
not to exceed One Hundred Dollars
($100.00) shall be imposed.
2. The speciai identification device is-
sued by the Iowa Department of Tran-
sportation shall be displayed in such a
manner that the device is clearly legible
from the outside the vehicle, when the
vehicie is parked in a specially designat-
ed perking place for the handicapped.
Display of the special identification
device by someone other than to whom
it has been issued shall be a mis-
demeanor for which a fine of not less
than Twenty-five Dollars ($25.00) and
not to exceed more than One Hundred
Dollars ($100.00) shall be imposed.
Sec. 25-349 AUTHORITY TO IM-
POUND VEHICLES
The Police Department of the City of
Dubuque is hereby authorized to
230
Special Session, May 16, 1977
Special Session, May 16, 1977
231
Herald Newspaper this 19th day of May,
.1977.
Leo F. Frommelt
City Clerk
115:19
Councilman Tully moved final adop-
tion of the Ordinance. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
ORDINANCE NO. 32-77
AN ORDINANCE OF THE CITY OF
DUBUQUE. IOWA, AMENDING THE
CODE OF ORDINANCES OF THE CI-
TY OF DUBUQUE, IOWA, BY ADDING
A NEW DIVISION 6 TO ARTICLE VIII
OF CHAPTER 25 THEREOF TO ES-
TABLISH SPECIALLY DESIGNATED
PARKING PLACES FOR THE HAN-
DICAPPED IN THE CITY OF
DUBUQUE. IOWA,
presented and read.
Dave Davis addressed the Council
stating there was no prescribed number
of spaces. Councilman Tully moved that
the reading just had be considered the'
first reading of the Ordinance. Seconded
by Councilman Brady. Carried by the
following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Councilman Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis Councilman
Brady, Pregler, Tully, Wertzberger.
Nays-None.
ORDINANCE NO. 32-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA AMENDING THE
CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA BY ADDING A
NEW DIVISION 6 TO ARTICLE VIII OF
CHAPTER 25 THEREOF TO ESTAB-
LISH SPECIALLY DESIGNATED
PARKING PLACES FOR THE HAN-
DICAPPED IN THE CITY OF
DUBUQUE,IOWA
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordin-
ances of the City of Dubuque, Iowa be
amended by adding Division 6 to Article
VIII of Chapter 25, thereof as follows:
Division 6. PARKING PLACES FOR
THE HANDICAPPED
Sec. 25-344. PURPOSE The purpose
DESIGNATED
remove or have removed from designat-
ed speciai parking piaces for the han-
dicopped, any vehicle violating Sec.
25-348 hereof. Such said vehicle in
violation of Sec. 25-348 shali be removed
to a designated area of the choosing of
the Police Department of the City of
Dubuque and there be impounded.
In addition to the penalities herein-
before provided, the Owner or driver of
said vehicle so impounded shall be
required to pay the reasonable cost of
towing charges and storage.
SEC. 25-350. PARKING FOR NON-
STATE RESIDENTS
Non-state residents dispiaying their
approved state parking emblem shali
have access to handicapped parking
within the City of Dubuque, providing
they conform to each Section of the
parking ordinance.
Sec. 25-351. EFFECTIVE DATE
This ordinance shall be in full force
and effective upon its passage and pub-
iication as provided by law.
Passed, approved and adopted this
16th day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregier
Counciimen
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 19th day of May,
1977.
Leo F. Frommelt
City Clerk
115:19
Councilman Tully moved final adop-
tion of the Ordinance. Seconded by
Councilman Brady. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
ORDINANCE NO. 33-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF
DUBUQUE. IOWA BE AMENDED BY
ADDING A SECTION TO BE NUM-
BERED 27-63 PROHIBITING MOTOR
VEHICLES TO ENTER EAGLE POINT
PARK AFTER 10:00 O'CLOCK P.M.,
presented and read. Councilman Brady
moved that the reading just had be
considered thie first reading of the Or-
dinance. Seconded by Mayor Stack is.
Carried by the foHowing 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 following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, TuHy, Wertzberger.
Nays-None.
ORDINANCE NO. 33-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA BE AMENDED BY
ADDING A SECTION TO BE NUM-
BERED 27-63 PROHIBITING MOTOR
VEHICLES TO ENTER EAGLE POINT
PARK AFTER 10:00 O'CLOCK P.M.
NOW THEREFORE BE IT OR-
DAINED BY THE City Council of the
City of Dubuque, Iowa:
Section 1. That the Code of Ordin-
ances of the City of Dubuque, Iowa be
amended by adding a section to be
numbered Sec. 27-63 thereto as follows:
Sec. 27-63. No motor vehicles, except
regular Park Patrol vehicles, emergency
vehicles ond Police vehicles shall be
permitted to enter Eagle Point Park
after IO:OOo'clock P.M.
Passed, approved and adopted this
16th day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richord Wertzberger
James E. Brady
Walter A. Pregier
Councilmen
ATTEST:
LeoF. Frommelt
City Cierk
Published officially in the Telegraph
Herald Newspaper this 19th day of May,
1977.
Leo F. Frommelt
City Clerk
115:19
Councilman Brady moved final adop-
tion of the Ordinance. Seconded by
Mayor Stackis. Carried by the foHowing
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, TuHy, Werlzberger.
Nays-None.
Petition of Geisler Brothers request-
ing refund of $10.00 due to clerical error
in the issuance of two permits for the
same job, presented and read. Council-
man Pregler moved that the refund be
approved and City Auditor directed to
_....~
~~
232
Special Session, May 16, 1977
issue proper warrant. Seconded by
Councilman Wertzberger. Carried by
the foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuily, Wertzberger.
Nays - None.
Petition of Memorial Day Committee
requesting permission to conduct a
Memorial Day Parade on May 30, 1977,
presented and read. Councilman Pregler
moved that the request be approved
subject to final approval of the City
Manager. Seconded by Councilman
Wertzberger. Carried by the foilowing
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuily, Wertzberger.
Nays -.None.
Petition of Michael F. Pusateri
requesting a refund of $211.25 on tbe
unexpired portion of Beer-Liquor
License No. 3140, discontinued business I
on March 25, 1977, presented and read.
Councilman Pregler moved that the
refund be approved and City Auditor
directed to issue proper warrant.
Seconded by Councilman Wertzberger.
Carried by the foilowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuily, Wertzberger.
Nays-None.
Petition of the Unification Church
requesting permission to conduct fund
raising activities In the City, presented
and read. Councilman Pregler moved
that the request be DENIED. Seconded
by Councilman Wertzberger. Carried by
the foilowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuily, Wertzberger.
Nays-None.
Petition of Shive Hattery and As-
sociates requesting approval of inslaila-
tion of street lights on pasedena Drive in
Asbury Springs Sub. No.3 and 4, pre-
sented and read. Councilman pregler
moved that the request be approved
subject to final approval of the City
Manager. Seconded by Councilman
Wertzberger. Carried by the foilowing
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuily, Wertzberger.
Nays-None.
May 12, 1977
Honorable Mayor
and City Council
You have before you a request from
Shive-Hattery and Associates for street
lighting in Asbury Springs Subdivision
No.3 and No. 4.
The area has been investigated and it
is recommended tbat eight metal light
standards be approved. A copy of Mr.
Alber's letter is attached describing the
locations.
Gilbert D. Chaveneile
City Manager
Councilman Pregler moved that the
communication be received and filed
and recommendation approved.
Seconded by Councilman Wertzberger.
Carried by the foilowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuily, Wertzberger.
Nays-None.
May 4, 1977
Honorable Mayor
and Councilmen
Tbe City of Dubuque Planning and
Zoning Commission has reviewed the
final plat of the subdivision of Lot I of
Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 2 of
Lot 1 of Lot 1 of "High-Land Farm"
Subdivision In the City of Dubuque,
Iowa. The property lies south of West
32nd Street, and northeast of "Arbor
Oaks" Subdivision, as shown on the
attached map. Tbe intent of the Lot split
is to ailow Lot 2 of the subdivision to
become part of the "Arbor Oaks"
development.
The Planning and Zoning Commis-
sion has voted to approve tbe plat, as
submitted, and recommends your
favorable consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of Community
Development
Councilman Pregler moved tbat the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the foilowing vote:
Yeas - Mayor Stackis, Councilmen
Brady. Pregler, Tuily, Wertzberger.
Nays-None.
RESOLUTION NO. 144-77
Resolution Approving Plat of Subdivi-
sion 01 Lot 1 of Lot 1 01 Lot 1 01 Lot
1 of Loll 01 Lot 2 of Lot 1 of Lot 1
of High-Land Farm, Dubuque
County, Iowa, now in the City of
Dubuque,lowa,
WHEREAS, there has been filed with
the City Clerk a plat in wbich Lot I of
Loti of Loti of Lotlof Lotlof Lot 2 of
Lot 1 of Lot 1 of High-Land Farm,
Dubuque County, Iowa, now in the City
of Dubuque, Iowa, is platted as:
Lot I of Subdivision of Lot 1 of Lot 1
of Lot I of Lot 1 of Lot 1 of Lot 2 of Lot 1
of Lot I of High-Land Farm, Dubuque
County, Iowa, now in the City of
Dubuque, Iowa, and
Lot 2 of Subdivision of Lot I of Lot 1
Special Session, May 16, 1977
233
ofLot 1 ofLot 1 of Lot 1 ofLot 2 of Lot 1
of Lot 1 of High-Land Farm, Dubuque
County, Iowa, now in the City of
Dubuque, Iowa, and
WHEREAS, said plat has been ex-
amined by the City Plan Commission
and had its approval endorsed thereon:
and,
WHEREAS, said plat has been ex-
amined by the City Council and they
find the same conforms to the Statutes
and Ordinances relating thereto:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa.
Section 1. The above described plat
be and the same is hereby approved and
the Mayor and Clerk be and they are
hereby authorized and directed to en-
dorse the approval of the City upon said
plat.
Passed, adopted and approved this
16th day of May, AD., 1977.
Emil Stackis
Mayor
Thomas A. Tuily Jr.
Richard Wertzberger
James E. Brady
Walter A Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resoiution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuily, Wertzberger.
Nays-None.
April 25, 1977
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed the
final plats of a subdivision of Lot 1 and
Lot 2 of "Marilyn Place" on on property
lying on the north side of the 2300 block
of Kaufmann Avenue in the City of
Dubuque, Iowa. The intent of tbe lot
split is to ailow the northerly portion of
the subdivision to become part of Lot 11
and Lot 12 of Cherry Vailey Subdivision,
as shown on the attached map.
The Planning and Zoning Commis-
sion has voted to approve the plats, as
submitted, and recommends your
favorable consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of Community
Development
Councilman Pregler moved that the
communication be received and filed.
Seconded by Councilman Wertzberger.
Carried by the foilowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuily, Wertzberger.
Nays - None.
RESOLUTION NO. 145-77
Resolution Approving the Plat 01 Lol1
of Sub. 01 Lol 1: Lot 2 01 Sub. of Lot
1: Lot 1 01 Sub. 01 Lot 2: and Lot 2
of Sub. 01 Lol 2; All In "Marilyn
Place" on Kaufmann Avenue In
the City 01 Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as Lot 1 of sub. of Lot 1;
Lot2 of sub. ofLot 1; Lot 1 of sub. of Lot
2: and Lot 2 of sub. of Lot 2; ail in
"Marilyn Place" on Kaufmann Avenue
in the City of Dubuque, Iowa; by Bruce
D. Rothenberger and Marilyn C. Roth-
enberger, husband and wife; and
WHEREAS, there are no streets or
other public improvements to be in-
stailed, no security for construction and
maintenance of public improvements
should be required and;
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon: and
NOW THEREFORE, BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section 1. That the plat of Lot 1 01
sub. of Loll: Lot 2 01 sub. of Lot 1; Lot
1 of sub. of Lot 2: and Lot 2 of sub. 01
Lol 2: all in "Marilyn Place" on Kaul-
mann Avenue in the City of Dubuque,
Iowa, be and the same is hereby ap-
proved and the Mayor and the City
Clerk are hereby authorized and dir-
ected to endorse the approval of the
City of Dubuque, Iowa, upon said plat.
Passed, adopted and approved by
recorded roil cail this i6, day of May,
A.D., 1977.
Emil Stackis
Mayor
Thomas A. Tuily
Richard Wertzberger
James Brady
Walter 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, Tuily, Wertzberger.
Nays-None.
RESOLUTION NO. 146-77
Resolution Approving the Plat of Lot 1
234
Special Session, May 16, 1977
01 Sub. 01 Lot 1 01 Loll; Lot 2 01
Sub. 01 Lol 1 01 Lot 1; LotI 01 Sub.
01 Lot 1 01 Lot 2; and Lot 2 01 Sub.
01 Lot 1 01 2; all in "Marityn
Place" on Kaulmann Avenue in
the City 01 Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as Lot 1 01 sub. 01 Lot 1 01
Lot 1; Lot 2 01 sub. 01 Lot 1 01 Lot 1;
Lol1 01 sub. 01 Lot 1 01 Lo12; and Lot 2
01 sub. 01 Lot 1 01 Lot 2; all In the
"Marilyn Place" on Kaufmann Avenue
in the City 01 Dubuque, Iowa; by Bruce
D. Rothenberger and Marilyn C. Roth-
enberger, husband and wife; and
WHEREAS, there are no streets or
other public improvements to be in-
stalled, no security for construction and
maintenance of public improvements
should be required and;
WHEREAS, said plat has been ex-
amined by the City Planning and Zon-
ing Commission and had its approval
endorsed thereon; and
NOW THEREFORE, BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa.
Section 1. That the piat of Lot 1 01
sub. 01 Lot 1 01 Lot 1; Lot 2 01 sub. 01
Lot 1 01 Lot 1; Lot 1 01 sub. 01 LotI 01
Lot 2; and Lot 2 01 sub. 01 Lot 101 Lot 2;
all in "Marilyn Place" on Kaulmann
Avenue in the City 01 Dubuque, Iowa,
be and the same is hereby approved
and the Mayor and the City Clerk are
hereby authorized and directed to en-
dorse the approval 01 the City 01
Dubuque, Iowa, upon said plat,
Passed, adopted and approved by
recorded roll call this 16th, day 01 May,
A.D., 1977.
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa:
Section 1. That the Actuarial Report
of the Police Retirement System and
Fire Retirement System as of July I,
1976 having been submitted to the City
Council of Dubuque, Iowa, be and the
same is hereby approved.
Section 2. That a true copy of such
Financial report Is hereby ordered
transmitted to the Commissioner of
Insurance of the State of Iowa, within
five (5) days of adoption of this
resolution.
Passed, adopted and approved this
16th day of May, 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 Pregler. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 146-77
Requesting Financial SeUlement 01
the Downtown Urban Renewal
Project, Project No. Iowa R-15.
WHEREAS, full repayment of the
temporary loan from the Downtown
Urban Renewal. Project No. Iowa R-15,
will be made to the Department of
Housing and Urban Development by
July 1977; and
WHEREAS, pursuant to Section
570.803 of the Housing and Community
Development Act of 1974, such
payment wiil enable the City of
Dubuque to proceed with financial
settlement for the Downtown Urban
Renewal Project.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque, Iowa that the City
Manager be and he is hereby authorized
and directed to provide a written
request to the Department of Housing
and Urban Development to effect a
financial settlement of the Downtown
Urban Renewal Project, Project No.
Iowa R-15.
Passed, approved and adopted this
Emil Stackis
Mayor
Thomas A. Tully
Richard Wertzberger
James Brady
Walter Pregier
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.
RESOLUTION NO. 147-77
Resolution approving acturlal report
01 the City 01 Dubuque Iowa,
Police Retirement System and Fire
Retirement System as 01 July I,
1976.
Special Session, May 16, 1977
235
16th day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution. Seconded by
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Pregler, Tully, Wertzberger.
Nays - Councilmen Brady.
RESOLUTION NO. 149-77
Authorizing submission 01 a request
lor Release 01 Funds lor Certain
Community Development Block
Grant Projects
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program
convened an ad hoc committee on June
23, 1976, and completed an Environ-
mental Assessment of the following
identified proposals (projects) with
Community Development Block Grant
funds; and
Rehabilitation Loans and Grants
Interim Assistance
WHEREAS, pursuant to Resoiution
No. 246-76 adopted July 6, 1976, Public
Notice of a "Finding of No Significant
Effect on the Environment" for the
proposal (project) was published July 7,
1976, in the Dubuque Telegraph Herald,
a newspaper of general circulation, and
provided for a public comment period
until 12:00 Noon, Wednesday, July 30,
1976; and
WHEREAS, Public Notice of a
"Finding of No Significant Effect on the
Environment" for the purposals
(projects) was sent by regular mail to
various Federal, state and local public
agencies and to the local news media,
individuals and groups known to be
interested and believed to be appro-
priate to receive such a Public Notice;
and
WHEREAS, any and all objectives, if
any, to such proposals have been duiy
considered: and
WHEREAS, it is the intent of tbe City
Council to authorize the submission of
a request to the U.S. Department of
Housing and Urban Development for
release of funds under the said Act to
carry out the above identified projects:
now therefore
BE IT RESOLVED BY THE City
Council of the City of Dubuque, Iowa:
Section 1. That the Environmental
Review Record for each of the propo-
sals (projects) shall continue to remain
on file in the Office of the City Clerk,
where said records may be examined
and copied by any interested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Depart-
ment of Housing and Urban Develop-
ment on May 26, 1977, a request for
release of funds to undertake the said
Projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to
consent to assume the status of a re-
sponsible Federai official under the Na-
tional Environmental Protection Act,
insofar as the provisions of the said Act
apply to the U.S. Department of Hous-
ing and Urban Development's respon-
sibilities for review, decision-making,
and action assumed and carried out by
the City of Dubuque as to environmen-
tal issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to
consent personally, in his official
capacity and on behalf of the City of
Dubuque, to accept the jurisdiction of
the Federal courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and action.
Section 5. That tbe Mayor of the City
of Dubuque be and he is hereby auth-
orized and directed to execute a Cer-
tification pertaining to the environ-
mental review procedures.
Section 6. That the City Clerk be and
he is hereby authorized and directed to
publish a Public Notice for a Request for
Release of Funds and Certification in
the form of Exhibit "A" attached hereto
and made a part hereof.
Passed, approved and adopted this
16th day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the Environmental
Review Procedures for the Community
Development Block Grant Program, the
City of Dubuque intends to file a request
on May 26,1977, for Release of Funds for
236
Special Session, May 16, 1977
Certification of the following identified
projects to be undertaken with funds
made available under Title I of the
Housing and Community Development
Act of1974.
REHABILITATION LOANS AND
GRANTS
INTERIM ASSISTANCE
The City of Dubuque has made an
Environmental Review Record for the
projects, and has placed these records
on file in the Office of the City Clerk in
City Hall, 13th and Central Streets,
Dubuque, Iowa, where said records may
be examined and copied between the
hours of 8:00 A.M. and 5:00 P.M" Mon-
day through Friday until 5:00 P.M. on
the 10th day of June, 1977.
o/~~::':~,o:~~~~~~~c~~~ i~~~:fCi::: I
ecutive Officer of the applicant ;s Mayor
Emil Stackis. The mailing address for
both the applicant and the Chief Ex-
ecutive Officer is City Hall, 13th and
Central Streets, Dubuque, Iowa.
The City of Dubuque will undertake
the projects described above with b1Qck
grant funds from the U.S. Department
of Housing and Urban Development
(HUD), under Title I of the Housing and
Community Development Act of 1974.
The City of Dubuque is certifying to
HUD that the City of Dubuque and Emil
Stackis, in his official capacity as
Mayor, consent to accept the jurisdic-
tion of the Federal courts if an action is
brought to enforce responsibilities in
relation to environmental reviews,
decision-making and action; and that
these responsibilities have been satis-
fied. The legal effect on the certification
is that upon its approval, the City of
Dubuque may use the block grant funds
and HUD will have satisfied its respon-
sibilities under tbe National Environ-
mental Policy Act of 1969. HUD will
accept an objection to its approval of
the release of funds and acceptance of
the certification only if it is on one of the
following basis: (a) That the certifica-
tion was not in fact executed by the
Chief Executive Officer or other officer
of applicant approved by HUD: or (b)
that applicant's environmental review
record for the project indicates omission
of a required decision, finding, or step
applicable to the project in tbe environ-
mental review process. Objections must
be prepared and submitted in accor-
dance with the required procedure (24
CFR Part 58), and may be addressed to
HUD at Omaha Area Office, 7100
West Center Road, Omaha, Nebraska
68106. Objections to the release offunds
on basis other than those stated above
will not be considored by HUD. No
objection received after the 10th day of
June, 1977, will be considered by HUD.
Leo F. Frommelt
City Clerk
Councilman Wertzberger moved
adoption of the resolution, Seoonded by
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuny, Wertzberger.
Nays - None.
May 10, 1977
Honorable Mayor and
Members of City Council
We have been advised by the HUD
Omaha Area Office today by telephone
that Dubuque's third year Community
Development Block Grant Program in
the amount of $882,000 has been ap-
proved. The attached resolution auth-
orizes the Mayor to execute the neces. .
sary grant agreement.
A number of the activities to be fin-
anced through this program require
certain actions by the City before funds
can be requisitioned and expended. We
have noted these required actions on
the attached summary of the total
program.
The City must also continue to
comply with equal opportunity requir-
ements, Federal labor standards, lead
based paint hazards, clean air and
Federal water pollution control acts,
non-discrimination requirements and
adherence to regulations relating to
administrative expenses.
Daniel Dittemore
Director
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. 150-77
Authorizing the Execution 01 a Com-
munity Development Block Grant
Agreement with the U.S. Depar1-
ment 01 Housing and .Urban
Development
WHEREAS, under the provisions of
Title I of the Housing and Community
Development Act of 1974, tbe City of
Dubuque prepared and submitted an
application for a Community Develop.
ment Block Grant: and
WHEREAS, tbe application has been
approved for the City of Dubuque in the
amount of $882,000 for twelve month
program beginning July 1, 1977; and
WHEREAS, A Grant Agreement
covering the activities proposed to be
Special Session, May 16, 1977
237
carried out with Community Develop-
ment Block Grant funds has been ten-
dered the City of Dubuque: now
therefore
BE IT RESOLVED BY THE City
Council of the City of Dubuque, Iowa:
Section 1. That the Grant
Agreement, authorized by the U.S.
Department of Housing and Urban
Development on May 10, 1977 for
Dubuque's Third Year Community
Development Block Grant Program is
hereby accepted.
Section 2. That the Mayor of the
City of Dubuque be and he is hereby
authorized and directed to execute a
Community Development Block Grant
Program Agreement identified as Grant
Agreement B-77-MC-19-0004 for sub-
mission to the U.S. Department of
Housing and Urban Development.
Passed, approved and adopted this
16th day of May, 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.
May 5,1977
Honorable Mayor and
Members of City Council
The environmental assessment for
the following Community Development
Block Grant activity has been
completed.
Adult Day Care Center
Enclosed you will find the following
items:
Resolution - "Authorizing Publica-
tion of Notice of the Environmental
Finding"
A copy of the Environmental Review
Record which will be placed on file in
the City Clerk's office upon adoption of
the Resolution.
Daniel Dittemore
Director of Community
Development
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. 151-77
Authorizing Publication 01 Notice 01
Environmental Review Findings
lor Certain Community Develop-
ment Block Grant Prolect
WHEREAS, the City of Dubuque will
be entering into Grant Agreement
B-77-MC-19-0004 with the U.S. Depart-
ment of Housing and Urban Develop-
ment, providing for financial assistance
to the City under Title I of the Housing
and Community Development Act of
1~74; and
WHEREAS, pursuant to the rules and
regulations as promulgated by the U.S.
Department of Housing and Urban
Development, envir.onmental reviews
have been processed for the projects
hereinafter to be described to be fin-
anced with Community Development
Block Grant Funds: and
WHEREAS, an ad hoc Environmental
Review Committee has after due con-
sideration made a determination that
the projects are not major Federal ac-
tions significantly affecting the quality
of the human environment; now
therefore
BE IT RESOLVED BY THE City
Council of the City of Dubuque, Iowa
Section 1. That the City Clerk be and
he is hereby authorized and directed to
publish a notice of Finding of No Sig-
nificant Effect on the Environment for
the following identified project, and to
make the Environmental Review
Record for said project available for
public inspection. Such notice shall be
in the form of Exhibit "A" attached
hereto and made a part hereof.
Building modifications including
ramping, electrical service and wiring,
gas or electric heating, plumbing and
installation of additional batbroom in
St. John's Episcopal Church, 14th and
Main. Area modified to be utilized as
an Adult Day Care Center operated by
Project Concern.
SecUon 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its first meeting after
June 3, 1977, authorizing the submis-
sion of a request to tbe U.s. Department
of Housing and Community Develop-
ment Act of 1974, to undertake the
project.
Passed, approved and adopted this
238
Special Session. May 16, 1977
16th day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the environmental
procedures for the Community
Development Block Grant Program, the
City of Dubuque has prepared a Notice
of Finding of No Significant Effect on
the Environment for the Project iden-
tified as follows to be undertaken under
Title I of tbe Housing and Community
Development Act of 1974. I
Building modifications including
ramping, electrical service and wiring,
gas or electric heating, plumbing and
installation of additional bathroom in
St. John's Episcopal Church, 14th and
Main. Area modified to be utilitzed as an
Adult Day Care Center operated by
Project Concern.
The City of Dubuque has found that
this project has no significant effect on
tbe environment based on the following
facts and reasons.
I Assessment of the nature, magni-
tude, and duration of any adverse and
position impacts:
2 Consideration of alternatives to the
Project, commitment of resources,
known views of local groups, mea-
sures whicb can be instituted to les-
sen potential adverse impacts and to
enbance the environment.
3. No loss of unique environmental
resources;
4. No irreversible development trends;
5. A minimum occurrence of adverse
effects that cannot be avoided; and
6. No impacts on properties possessing
historical, archaeological, architec-
tural or cultural significance.
The City of Dubuque has made an
Environmental Review Record for this
Project, and has placed tbis record on
file in the office of the City Clerk in City
Hall, 13th and Central Streets, Dubuque,
Iowa. This environmental record is
availabie for examination and may be
copied between 8:00 A.M. and 5:00 P.M.
daily except Saturdays, Sundays, and
holidays.
No further environmentai review of
the project is proposed to be conducted,
and the City of Dubuque intends to
request the U.S. Department of Housing
and Urban Development to release
funds authorized by the Housing and
Community Development Act of 1974
for the Project.
Comments may be submitted to the
City of Dubuque until 12:00 Noon,
Friday, June 3, 1977, addressed to Emil
Stackis, Mayor of the City of Dubuque,
City Hali, 13th and Central Streets,
Dubuque, Iowa 52001.
Dated and publisbed May 18, 1977
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the resolutìon. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
May 11,1977
Honorabie Mayor
and Councilmen
SUBJECT: Avon Park - Application for
Federal Assistance
On April 18, 1977, we advised that the
application for supplementary federal
assistance for acquisition and develop-
ment of Avon Park was not approved by
the Iowa Conservation Commission. At
that time, you had also approved a Re-
solution authorizing acquisition of two
parcels for the park, to be fully funded
through tbe Community Development
Block Grant.
In our discussions with the Conser-
vation Commission's staff, we learned
that our inclusion of certain site
preparation items, such as structure
demolition, grading, street curb re-
placement, and others, produced a rela-
tively low ranking in the "Site Quality"
criteria used in their project rnting
system. The total development cost for
Avon Park is now estimated to be
$62813.00. This figure includes
$17,204.00 forsite preparation work. We
are hopeful that with tbe exclusion of
these supportive items and an amended
application the project might stili stand
a good cbance of receiving partial sup-
plementation from the Land and Water
Conservation Fund.
We wish to resubmit an amended
application for 50% cost sharing of an
estimated $45,609.00 of recreation relat-
ed development Items. Contribution of
the Community Development Block
Grant funds would be $40,009.00, in-
cluding approximately $17,000.00 in-
dependently funded site preparation
costs and $22,805.00 to match the
requested LAWCON funding. We have
attached a Resolution authorizing tbe
submittal of the amended application.
Additionally the Assurance of Com-
Special Session, May 16, 1977
239
pliance will require the Mayor's signa-
ture. We request your approval to sub-
mit the amended application and ask
your approval of the attached Resolu-
tion and Assurance of Compliance.
Daniei Dittemore
Director of Community
Development
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. 152-77
Authorizing Submission of a Request
lor Funds lor Development lor
Outdoor Recreation (Avon Park)
under the Land and Water Con-
servation Fund Program
WHEREAS, the City of Dubuque is
interested in developing outdoor
recreational facilities 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 - $45,609
Brief Description of Project:
The City of Dubuque proposes to
develop a 0.5 acre tract of land in the
lith Street Neighborhood for a neigh-
borhood park including playground
equipment, basketbali 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 development of said outdoor
recreational facilities,
NOW THEREFORE, BE IT RE-
SOLVED BY THE City of Dubuque 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 Bu-
reau 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 of Dubuque that it cer-
tifies to the following:
1. That it will accept the terms and
conditions set forth in the BOR
Grants-in-Aid Manual and which wili
be a part of the Project Agreement for
any grant awarded under the at-
tached proposal.
Avon
Park
2. That it is complete accord with the
attached proposal and that it will
carry out the development in the
manner described in the proposal and
any plans and specifications attached
thereto unless prior approval for any
change has been received from the
State Conservation Commission.
3. That it has the ability and intention
to finance its sharé of the cost of the
project and that the project wili be
operated and maintained at the ex-
pense of said City of Dubuque for
public outdoor 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 Community Development
Block Grant funds.
5. That it wili not discriminate against
any person on the basis of race, color,
or national origin in the use of any
property or facility acquired or
deveioped pursuant 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 (i964) and of
the regulations promulagated pur-
suant 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 legaliy adopted by the City of
Dubuque at a legal meeting heid on this
16th day of May, 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 foliowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tuliy, Wertzberger.
Nays - None.
May 6,1977
To the Honorable Mayor
and City Council
I hereby submit the plans and
specifications for the Cooper Place
Steps.
Gilbert D. Chavenelle
City Manager
240
Special Session, May 16, 1977
Councilman Tully moved that tbe
communication be received and flied.
Seocnded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 153-77
Preliminary Estimate in the ,amount
of $20,839.24 Alternate 1 and $2M99.l2
Alternate 11 for construction of Cooper
Street StepS, presented and read, Coun-
cilman Tully moved ",'option of the
resolution. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas - Mayor Stackls, Councilmen
Brady, Pregler, Tully, Wertz.,þerger.
Nays - None.
(Necessity lor ImproVement)
RESOLUTION NO. 154-77
WHEREAS, proposed plans,
specifications, form of contract have
been duly prepared and approved by the
City Cóuncil of the City of Dubuque and
are now on file in the office of the City
Clerk showing among other thing~ the
following:
1. An estimate of the cost of the
proposed improvement for the con-
struction of the Cooper Place Steps.
BE IT THEREFORE RESOLVED that
the City Council on Its own motion or
upon petition of property owners,
deems it advisable and necessary for the
public welfare to make the hereinmen-
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 proposed im-
provement, 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 prepared therefore by the City
Engineer 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 the Revenue Sharing
Fund.
The above resolution was introduced,
approved, and ordered placed on file
with the City Clerk this 16th day of May,
1977
Approved and placed on file for final
action.
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 approval of
the resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackls, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
(Fixing Date 01 Hearing)
RESOLUTION NO. 155-77
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 pÜblic in-
spection for the construction of the
Cooper Place Steps.
BE IT THEREFORE RESOLVED that
on the 6th day of June 1977, a public
bearing 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 of Dubuque
which shall be not less than four nor
more than 20 days prior to the day fixed
for its consideration, and said Clerk is
further instructed to advertise for
proposals for the construction of the
aforementioned improvement.
Passed, adopted and approved this
16th day of June, 1977.
EmiiStackis
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
tbe resolution. Seconded by Council-
man Wertzberger. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Planning and
Zoning Commission recommending
favorable consideration of final plat of
Lots 1 thru 5 of Block I; Lots 1 thru 12 of
Block 2; Lots 1 thru 3 of Block 3; and
Block 4 in Equestrian Heights and a
Special Session, May 16, 1977
241
RESOLUTION approving plat. of
Equestrian Heights Sub. 'No.1 in the
City of Dubuque, Iowa,presented and
read. AttOrney Leo McCarthy addresse,d
the Council relattve to communication
and'resolution. Ccmuncilman TullY'
move~ that the communication anil
resolution be tabled to the Council'
Meeting of June 6, 1977,. Seconded by
Councilman Pregler. Carried by the fot- '
lowing vote;
Yeas - Mayor Stackls, Councilmen
Bra~y, Pregler, Tully, Wertzberger.
Nays,- None.
May II, 1977
Honorable Mayor and
Members of City Councîl .'
The enclosed resolution wtll author;,
ize the execution ofa revised contract,
for tbe Section 8 Existing Housing As-
sistance Payments Program. , '
The City of Dubuque has a five-year
contract under this program whiéh'
commenced June 11,1976 with the first
fiscal year ending June 3il,1977. The '
contract authorized the following unit
distribution for the City of Dubuque:
1 Bedroom - 154
2 Bedroom - 48
3 Be~room- 37
4 Bedroom - 10
The success of the program bas been
overwheImin¡¡: in one and especially two
bedroom unit classifications~' Due to
limitation in authorized rent levels,
(Fair Market Rent - FMR) 'the three
and four bedroom units, though in '
demand by large families, are not roadie
Iy available to our clients. We are unab.le
to obtain a significant adjustment in the
FMR. As a result it appears expedient to
seek a transfer of units from the three
and four bedroom unit classifications to
the two bedroom classificatiOn; where a
greater need is apparent. '
We have reviewed this plan with
HUD staff and they concur with tbe
rec,ommendation. Such unit,redistribu-
tion will assist the City of Du(>uqUO,
provide service to more low inCOrtle
families before June 30, 1977 than wouid
be possible under, the current
~istribution,
We aré hereby recommen~ingYOor
approval of thisrevisiQn.The new unit
Distribution will be:
1 Bedroom -- 154{no change)
2 Bedroom - 67 (increase of 19)
3 Bedroom - 25 (decrea... of 12)
4 Bedroom -- 3 (decrease of 7)
The maximum Annual Contributions
Contract amount will be'$397,512.00'a
redaction of $4,764, from the, currentlY
available $402,276. Such reduction is
, attributable, to the lOwer cost of two
be~room units. '
Danlél Òlttemore
Director of Community
DeveloPment
Councilman fregler moved that the
commÜnication be received, and filed.
Seconded by MayorStackis. Carried by
the following vote;
Yeas.... Mayor Stackis, Councilmen
IIrady, Pregler, Tully, Wertzberger.
Nays ...-'None.
, RE$OLUTION NO. 156-77
Authoilzlng Execution of Annual Con-
tilbullórta Contract
WHEREAS, the City of Dubuque
(\léreln:caOe~the "Local Aut!lori-
~Ý;') proposøs ,tQenter into a
revise~ contract (herein called the
"Annual Contribotions Contract")
With t!le United StateS of America
(herein called the "Government")
with respect to any "Projects" as
defined in thé, Annual Contribu-
tions,Contract and which at any
time now or bereaftér is incorpor-
atedunder the terms, of such
,Contract: '
BE IT REgOL VED BY THE Local
Aut/loritYi as follows:
" Section , The' Annual Con-
W\>utio,ns Contra~t in substantially
,the form Qfcontract !lereto at-
tached,andmarked "Exhibit A" is
heréby approve~ and accepted
both as to form and substance and
the'Mayor is hereby aùthorized and
directed to exécute said contract in
two copies on behalf of the Local
AuthOritÿ,andt!leCity Clerk is
'hereby' aüihoriied and directed to
impress an~ attest the official seal
of the Local A'!thorit:( on each
such' ,counterpaI'\; The Director of
the Department'òf Community
DéVelopment is héreby authorized
to forwardsuchexecutéd counter
patts, Qr any of them, to the
Gové6iment together with such
Othetdocuments evidenCing the
apProvat and authorizing the ex-
ecution thereof as may be required
bY,t!>" Government.'
!¡íIÇllon 2. Whenever the follow-
or any of them, are used
lution, the same, unless
t shall indicate another
or different meaning or intent, shall
be COi1$trued, and are intended to
have meanings a~ foliows:
(I)T!lé term '"Resolution" shall
, me~n¡this Resotution.
. ,(2)Altothør terms used in this
, Resobltion and which are defined
242
Special Session, May 16, 1977
in the Annual Contributions Con-
tract shall have the respective
meanings ascribed thereto in the
Annual Contributions Contract.
Section 3. This Resolution shall
take effect this sixteenth day of
May, 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.
May II, 1977
To the Honorable Mayor
and City Council
Gentlemen:
I am submitting plans and specifica-
tions for Expansion of Iowa Street
Parking Ramp.
Gilbert D. Chavenelle
City Manager
Councilman Pregler moved that the
communication be received and filed.
Seocnded by Councilman Tully. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 157-77
Preliminary Estimate in the amount
of $1,803,960, for addition of 300 Park-
ing spaces and related facilities at the
Iowa Street Park Ramp, presented and
read. Councilman Pregler moved ap-
proval of the resolution. Seconded by
Councilman Tully. Carried by the fol-
lowing vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
(Necessity lor Improvement)
RESOLUTION NO. 158-77
WHEREAS, proposed plans,
specifications, form of contract, plat and
schedule have been duly prepared and
approved by the City Council of the City
of Dubuque and are now on file in the
office of the City Clerk showing among
other things the following:
1. An estimate of the cost of the
proposed improvement. Addition of 300
Parking Spaces and Related Facilities at
the Iowa Street Parking Ramp, 7th and
iowa Street, Dubuque, iowa
BE IT THEREFORE RESOLVED that
the City Council on its own motion or
upon petition of property owners,
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
proposed assessments, they shall be
deemed to have waived all objections
thereto.
Said improvements shall be con-
structed and done in accordance with
the plans and specifications which have
been prepared therefore by the City
Engineer which have been approved by
the City Council and are now on file
with the City Clerk.
The above resolution was introduced,
approved and ordered placed on file
with the City Clerk this 16th day of May,
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 approval
of the resolution. Seconded by Council-
man Tully. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
(Fixing Date 01 Hearing)
RESOLUTION NO, 159-77
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 Addition of
300 Parking Spaces and Related Facili-
ties at the Iowa Street Parking Ramp,
Seventh and Iowa Streets.
BE IT THEREFORE RESOLVED that
on the 6th day of June 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 objec-
tors for the proposed improvement may
appear and make objections to the
proposed plans and specifications
and proposed form of contract, to the
cost of tbe Improvement and the City
Clerk be and he is hereby directed to
cause a notice of tbe time and place of
such hearing to be published in some
Special Session, May 16, 1977
243
newspaper published in the City of
Dubuque which shall be not less than
four (4) more than twenty (20) days
prior to the day fixed for its considera-
tion, and said Clerk is further instructed
to advertise for proposals for the con-
struction of the aforementioned
improvement.
Passed, adopted and approved this
16th day of May, 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 Tully. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 160-77
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.
The Corner Tap Ltd., 2093 Washington
St.
Gary Neilson and Dwaine D. Bowman,
841 Central Ave.
Richard H. Tigges, 1701 Asbury Rd.
Passed, adopted and approved this
16th day of May, 1977.
Emil Stackis
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
Pregler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 161-77
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
George William Pohlen, (Also Sunday
Sales), McAleece Field
CLASS "C" BEER PERMIT
Cremer Grocery Company, 731 Rhom-
berg Ave.
Earl J. Tegeler, 620 S. Grandview Ave.
Earl J. Tegeler, 2850 Burlington St.
Walgreen Co., 555 John F. Kennedy Rd.
Passed, adopted and approved this
16th day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommeit
City Clerk
Mayor Stackis moved adoption of the
resolution. Seconded by Councilman
Pregler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregier, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 162-77
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, thai the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
CLASS "B" BEER PERMIT
George William Pohlen, (Also Sunday
Sales), McAleece Field
CLASS "C" BEER PERMIT
Cremer Grocery Company, 731 Rhom-
berg Ave.
Earl J. Tegeler, 620 S. Grandview Ave.
Earl J. Tegeler, 2850 Burlington St.
Walgreen Co., John F. Kennedy Rd.
Passed, adopted and approved this
244
Speçial Session, May 16, 1977
16th day of May, 1977.
Emil Stackis
Mayor
Tbomas 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
Pregler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 163-77
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 following
applications be approved and licenses
issued upon the compliance with the
provisions of Chapter 131, Acts of tbe
First Regular Session, 64th General
Assembly.
CLASS "A" (CLUB) BEER
AND LIQUOR LICENSE
Dubuque Golf and Country Club, (Also
Sunday Sales), End of Randall PI.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Richard H. Tigges, 1701 Asbury Rd.
Bar X, Inc. (Also Sunday Saies), 2616
Windsor Ave.
D.B.Q. Inc., (Also Sunday Sales), Fourtb
and Locust St.
Jo Ann H. Klauer, 1097 Jackson Street
Riverside Bowl Inc., (Also Sunday
Sales), 1860 Hawthorne St.
The Corner Tap, LId., 2093 Washington
St.
Passed, adopted and approved this
16th day of May, 1977.
Emil Stackis
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
Pregler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
RESOLUTION NO. 164-77
WHEREAS, applications for Liquor
Licenses were filed by the within named
applicants and they have received the
approvai 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
tbereto and they have filed proper
bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of
Dubuque, Inwa, that the Manager be
authorized to cause to be issued to the
following named applicants a Liquor
License.
CLASS "A" (CLUB) BEER
AND LIQUOR LICENSE
Dubuque Golf and Country Club, (Also
Sunday Sales), End of Randall PI.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Richard H. Tigges, 1701 Asbury Rd.
Bar X, Inc., (Also Sunday Sales), 2616
Windsor Ave.
D.B.Q. Inc., (Also Sunday Sales), Fourth
and Locust St.
Jo Ann H. Klauer, 1097 Jackson St.
Riverside Bowl Inc., (Also Sunday
Sales), 1860 Hawthorne St.
The Corner Tap, Ltd., 2093 Washington
St.
Passed, adopted and approved this
16th day of May, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Ricbard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Stackis moved adoption of the
resolution. Seconded by Councilman
Pregler. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
RESOLUTION NO. 165-77
Authorizing the Execution 01 a Rental
Agreement between the City 01
Dubuque, Iowa and the Old
Creamery Theatre Company 01
Garrlson,lowa.
WHEREAS, arrangements I¡ave been
compieted for the Old Creamery
Tbeatre Company to provide certain
theatrical performances in the Five
Flags Theatre between June 7, 1977 and
May 31, 1978; and
WHEREAS, it is necessary to enter
Speçial Session, May 16, 1977
245
into a rental agreement to secure such
performances.
NOW THEREFORE BE IT RE-
SOLVED BY THE City Council of the
City of Dubuque Iowa,
Section 1. That the City Manager be
and he is hereby authorized and direct-
ed to execute on behalf of the City of
Dubuque a rental agreement with the
Old Creamery Theatre Company of
Garrison, Iowa for the use of the Five
Flags Theatre.
Passed, approved and adopted this
16th day of May, 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 Brady. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregier, Tully, Wertzberger.
Nays-None.
There being no further business,
Councilman Pregler 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.......
.. 1977
Adopted. """"""""'" 1977
..............
Councilmen
ATTEST:
City Clerk
246
Special Session, May 26, 1977
CITY COUNCIL
Brady, Pregler, Tully.
Nays - Councilman Wertzberger.
Communications of TV-FM Cable
Advisory Commission submitting
names for replacement appointments or
additions to their commission (For-
warded from meeting of May 16, 1977),
presented and read. Councilman Tully
moved that the communications be
received and filed. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Betty Krieg of W.
11th St. Neighborhood submitting
names to serve on Historic Preservation
Committee (Forwarded from meeting of
May 16, 1977) presented and read.
Councilman Tully moved that the com-
munication be received and filed.
Seconded by Mayor Stackis. Carried by
tbe following vote:
Yeas - Mayor Stackis, CouncIlmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Communication of Ad Hoc Advisory
Board, Historical Preservation, submit-
ting list of names to serve on their
commission (Forwarded from meeting
of May 16, 1977), presented and read.
Councilman Tully moved that the com-
munication be received and filed.
Seconded by Mayor Stackis. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
OFFICIAL
Special Session, May 26,1977.
Council met at 4:15 P.M. (C.D.T.)
Present - Mayor Stackls, Council-
men Brady, Pregler, Tully,
Wert.berger.
Absent - 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 01 Considering Appointments to
Various Boards and Commissions and
acting upon such other business as may
properly come before a Regular Meeting
of the Council.
Communication of Operation New
View Requesting consideration for
funding allocations, (Forwarded from
meeting of May 16, 1977), presented and
read. Councilman Tully 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.
D. H. Langfield of Operation New
View spoke to Council relative to com-
munication stating agency serves Jack-
son, Dubuque and Delaware Counties;
Various programs are designed for low
income people to learn to beld them-
selves; Requesting $7,000. in hard match
from City of Dubuque, $7,000 from
Dubuque County; $7,000 assessed from
Delaware County and $3,000 from
Jackson County.
Mary Alice Foster stated present
operating cost not over 15% of funding
available out of budget of $1,161,167:
Present Budget could grown to $1.5
million. Councilman Pregler moved tbat
the communication of Operation New
View be received and filed and directed
$7,000. to Operation New View be rein-
stated in Budget, also $10,000. on Al-
coholism Control. Seconded by Coun-
cilman Tully. Carried by the following
vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully.
Nays - Councilman Wertzberger.
Councilman Pregler moved that a
representative of the City Council be
instructed to negotiate for abolition and
governing Board be self-sustaining.
Seconded by Mayor Stackis. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
May 25, 1977
Honorable Mayor and
Members of the City Council
I request your affirmation of the ap-
pointment of Wilbur Behlmer to the
Board of Heating, Ventilating, Air-Con-
ditioning and Refrigeration.
It is required that this appointment to
tbe Board be a registered engineer. It is
for a three year term from March 16,
1977. Mr. Behlmer is a registered engin-
eer and works in the Engineering
Department of Jobn Deere Tractor
Works. He lives at 2635 New Haven.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed
and appointment be approved. Second-
ed by Councilman Wertzberger. Carried
by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
May 20, 1977
To the Honorable Mayor and
Members of the City Council.
Special Session, May 26, 1977
247
In accordance with the provisions of
Chapter 400, 1975 Code of Iowa, the
Civil Service Commission conducted
Bus Operator Examinations on January
12, 1977. The first ten applicants that
passed the test were certified to your
Honorable Body on January 17, 1977.
We now herewith submit to you the
next ten applicants because the first list
has been exhausted.
Tippe, John C. 86%
Foht, Randall P. 84%
Harkey,JohnR. 84%
Powers, Thomas J. 84%
Shaw, Wesley R. 84%
Arms, Howard W. 82%
Boge, Daniel L. 82%
Conner, Vincent G. 82%
Hutchcroft, Thomas M. 82%
Klein, James A. 82%
Carolyn Farrell, BVM
Chairperson
John E. Hess
Civil Service Commissioners
ATTEST:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before me
this 24th day of May, 1977.
Z. D. Hantelmann
Notary Public
Councilman Tully moved that the list
be approved and communication be
made a matter of record. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays - None.
An Ordinance amending Code of Or-
dinances by adding a new Chapter to be
numbered 12\\ creating a Civic Center
Commission for the City of Dubuque,
Iowa, establishing the number of
members thereof and prescribing the
powers and responsibilities thereof,
presented and read. Jackie Merritt of
Five Flags Executive Committee ad-
dressed the Council requesting a five
member Commission; Recreation Com-
mission should have representation,
also one member should be from the
Chamber of Commerce and three
members at large.
The proposed Ordinance was
reviewed and after considerable discus-
sion the Ordinance was referred back to
the City Attorney to make proper cor-
rections and presentation for final draft
at the Council meeting of June 6th.
Councilman Wertzberger moved that
Donald Sanders and Lester Pihart be
reappointed to the Planning and Zoning
Commission for five year terms to
5-24-82. Seconded by Mayor Stackis.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
There being no further business
Mayor Stackis moved to adjourn.
Seconded by Councilman Wertzberger.
Carried by the following vote:
Yeas - Mayor Stackis, Councilmen
Brady, Pregler, Tully, Wertzberger.
Nays-None.
Approved .............
Adopted........ .
..................
""""""""""
1977
1977
..................
...............
Councilmen
ATTEST:
..................
City Clerk