1979 February Council Proceedings
Special Session, Febrnary 5, 1979.
30
Board of Health
BOARD OF HEALTH
OFFICIAL
Special Session, Febrnary 5, 1979.
Board met at 7:00 P.M. IC.S.T.)
Present - Chairman Richard Wertz-
berger, Board members James E.
Brady. Carolyn Farrell, Thomas A.
Tully, Jr.
Ahsent - Board member D. Michael
King.
Chairman Wertzberger read the call
and stated this Board of Health Meeting
is called for the purpose to CONSIDER
THE BUILDING DEPARTMENT'S
REPORT ON HAWKS PROPERTY
located at W. 17th St. called for within
sixty days at December 4, 1978 Meeting
and acting upon such other business as
may properly come before the Board.
Communication of Building & Housing
Inspector submitting a report on the
condition of buildings on W. 17th St.
recommending the boarding up of all
windows and doors and keep units
vacant until all Housing Code violations
are corrected, presented and read.
Building Commissioner Feyen advised
that Attorney Nigg had told Jeff Hawks
to board up building.
Boardmember Tully moved that the
communication be received and filed.
Seconded by Board member Brady.
Carried by the following vote:
Yeas-Chairman Wertzberger,
Board members Brady, Farrell, Tuily.
Nays-None.
Absent-Board member King.
Communication of Jeff Hawks, agent
for Delta. to the BlÚlding Commissioner
advising of the closing of the building as
directed at 252-78 W. 17th St. and
possible re-financing. presented and
read.
Jeff Hawks spoke to the communica-
tion advising he will board up bnilding
and will keep walks clean; would rather
find someone to redo the whole building
rather than in pact.
Chairnum Wertzberger suggested
agreement be put in writing.
Board member Tuily moved that the
communication be received and filed
and to table indefinitely. Seconded by
Board member Brady. Carried by the
following vote:
Yeas-Chairman Wertzberger. Board
members Brady. Farrell, Tuily.
Nays-None.
Absent-Board member King.
There being no further business,
Board member Tully moved to adjourn-
Seconded by Board member Brady.
Carried by the following vote;
Yeas-Chairman Wertzberger. Board
members Brady, Farrell, Tuily.
Nays-None.
Absent-Board member King.
Leo F. Frommelt
City Clerk
Approved. .
Adopted.
.1979
.1979
Board of Health
ATTEST:
Leo F. Frommelt
City Clerk
31
Regular Session, February 5, 1979
CITY COUNCIL
OFFICIAL
Regular Session, February 5, 1979.
Council met at 7:30 P.M. IC.S.T.)
Present - Mayor Wertzberger, Coun-
cilmembers Brady, Farrell, King, Tuily.
City Manager Gilbert D. Chavenelle.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and this is THE REGULAR
MONTHLY MEETING of the Council I
called for the purpose of acting upon
snch business as may properly come
before the Meeting. '
Proclamation proclaiming February 11
to 17 as "Office Education Week" was
read and so proclaimed by Mayor
Wertzberger.
Petition of American Legion Auxiliary
requesting permission to sell poppies on
May 25th & 26th, presented and read.
Councilmember Tully moved that the
request be approved and referred to
City Manager for implementation. Se-
conded by Councilmember Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
Petition of DAV Auxiliary requesting
permission to conduct Forget-Me-Not
Drive on August 10th & 11th, presented
and read.
Councilmember Tully moved that the
request be approved and referred to
City Manager for implementation.
Seconded by Councilmemher Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully:
Nays-None.
Proof of Puhlication, certified to by
the Publisher, of Notice of Public
Hearing to dispose of interest in Lot 3
of Block 1 of River Front Sub. No.5,
presented and read. No written objec-
tions were filed and no oral objectors
were present in the Council Chambers
at the time set for the hearing. Council-
member Farrell moved that the proof of
publication be received and filed.
Seconded hy Councilmemher Tully-
Carried by the following vote:
Yeas-Councilmember Brady, Farrell,
King, Tully.
Nays-None.
Abstain-Mayor Wertzberger.
RESOLUTION NO_18-79
WHEREAS, the City Council of the
City of Dubuque, Iowa met on the 5th
day of February, 1979, at 7:30 o'clock
P.M. (CST) in the City Council Cham-
bers, City Hall, Dubuque, Iowa to
consider the proposal to dispose of
interest of the City of Dubuque, Iowa to
real estate hereinafter described to
RIVERSIDE TRACTOR-TRAILER CO.
in response to offer of purchase of said
real estate made by Leo D. King, on
behalf of said corporation; and
WHEREAS, the City Council of the
City of Dubuque, fowa overruled any
and all objection, oral or written, to the
proposal to dispose of interest of the
City of Dubuque, Iowa in the herein-
al'ter described real estate to RfVER-
SIDE TRACTOR-TRAILER CO.
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of
interest of the City of Dubuque, Iowa!n
the real estate described wi:
Lot 3 of Block 1 of River Front
Subdivision No.5 in the City of
Dubuque, Iowa
to RIVERSIDE TRACTOR-TRAILER
CO. I" awl the sarrw is approved for the
purchase price of sixty-five ($.65) cents
per square foot in the total arrwunt of
$.59,612.30, with a down payment of
$5,961.00 be!ng paid subject to the
foUoW!ng terms awl conditions:
1. That the said real estate be sold to
RIVERSIDE TRACTOR-TRAILER CO.
Dubuque, Iowa for the construction awl
erection of a comrrwrr:ia1 building for the
purpose of establishing a fun line of
semi-trailer serviee, including service,
mainlenance and repair of semi-trailers.
2. That the sale price of said real estate
s/wJ1 be sixty-five 1$.65) cents per
square foot for said real estate con-
sisting of 2.1054 acres, or 91,711,224
square feet, arrwuntin9 to a tntd
purchase price of $59,612.30 with a
down payment of$5,961.00.
3. That construction of sald building
shall be comrrwnced with!n one (1) year
from dale of delivery of deed awl the
po1isage of this Resolution and s/wJ1 be
completed within twenty-four (24)
months of delivery of deed; ond upon
failure to do so, failure to make
improverrwnts to the In,wl within one
( 1 ) year by purchw;er, Riverside Trac-
lor-Trailer Co., then said real estate
s/wJ1 o:ul<Yl1Wi.ically revert to the City of
Dubuque, Iowa awl purchw;e price, less
danw.ges, slwll be refunded to the
purchaser.
4. That the constructinn of all build-
in9s, yards, parking /.nts, fences awl
ancillary improverrwnts shall be con-
stueted in conforroonce with City Codes
awl rrmnufacturing processes carried
out in accordance with City Ordinances.
5. That the Cily of Dubuque, [owa
retains a perpetual ew;errwnt for
existing waterlines, exisling sanitary
.,ewer awl storm sewer lInes ond for
32
Regular Session, Febrnary 5, 1979
utilities, together with right of 'ngress
ond egress to repair, inspect and
rnmntain the sarrw.
6.SeUer shall furnish abstract of title
awl conveyance shall be by Quit C/.nim
Deed.
Sectiou 2. That the City Clerk be and
he is hereby d!rected ond authorized to
deliver deed of conveyance convey"!ng
the above described real estate to
RIVERSIDE TRACTOR-TRAILER CO.
upon receipt of the purchw;e price !n
fall.
Section 3. That the City Clerk be awl
he is hereby authorized awl directed to
record a certified copy of this Resolu-
tion !nlhe office of the Dubuque County
Recorder, the Dubuque County Auditor
awl the City Assessor.
Passed, approved and adopted this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Councilmembers
Commission has conditioned their
approval on the stipuiation that the
Resolution accompanying the plat will
state that Lot 2 can onJy be developed
in combination with a lot or lots that
meet City requirements. The Resolu-
tion accompanying the plat accom-
plishes that condition and the Commis-
sion recommends your favorable con-
sideratiou.
City Planning and Zoning Commission
James D. Burke
Associate City Planner
Councilmember Farrell moved that
the communication be received and
filed. Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, Tuily.
Nays-None.
Abstaln-Councilmember King.
RESOLUTION NO. 19-79
Resolution approving the plat of the
subdivision of Lot 1 of the East one-half
of Lot 2 of Lot 1 of Lot 2 of John P.
Metlel's Subdivision in the City of
Dubuque, Iowa,
A'ITEST:
Leo F. Frommelt
City Clerk
Councilmember Farrell moved adop-
tion of the Resolution- Seconded by
Councilmember Tully. Carried by the
following vote:
Yeas-Councilmembers Brady, Farrell
King, Tully.
Nays-None.
Abstain-Mayor Wertzberger.
January 22, 1979
Honorable Mayor and City Council
RE: Final Plat - John P. Mettel
Subdivision
Albert and Rita Harle
2505 Pennsylvania Avenue
The City of Dubuque Planning and
Zoning Commission has reviewed a
final plat, submitted by AIbert and Rita
Harle of 2505 Peunsylvania Avenue,
seeking to subdivide the East '¡' of Lot
2 of Lot 1 of Lot 2 of John P. Mettel's
subdivisiou into Lots 1 and 2 thereof.
The property is located on the north
side of Pennsylvania Avenue midway
betweeu Green Street and Unviersity
Avenue, in the City of Dubuque, as
depicted on the attached map.
The Planning and Zoning Commission
has found that the intent of the plat is
to accommodate transfer of ownership
of Lot 2, and has determined that it
complies with all pldting requirements
except that Lot 2 does not meet area
and frontage requirements of the
Zouing Ordinance and Subdivision
Regulations-
Accordingly, the Planning and Zoning
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
of Lot 1 of the East one-half of Lot 2 of
Lot 1 of Lot 2 of John P. Mettel's
Subdivision in the City of Dubuque,
Iowa; and
WHEREAS, said plat has been exa-
mined by the City Planning and Zoning
Commission and they have found that
the same couforms to the statutes and
ordinances relating thereto, except that
Lot 2 of the Subdivision of Lot 1 of the
East one-half of Lot 2 of Lot 1 of Lot 2
of John P. Mettel's Subdivision in the
City of Dubuque, Iowa does not conform
to the size requirements of the statutes
and ordinances; and
WHEREAS, said plat has been ap-
proved by the Planning and Zoning
Commission on the condition that Lot 2
of the Subdivision of Lot 1 of the East
one-half of Lot 2 of Lot 1 of Lot 2 of
John P. Mettel's Subdivision in the City
of Dubnqne, Iowa, cannot be developed
except as pact of anotber lot or lots
whicb conform to the size requirements
of the statutes and ordinances relating
thereto; and
WHEREAS, said plat has been exa-
mined by the City Council and they find
that the same conforms to the statutes
and ordinances relating thereto, except
that Lot 2 of the Subdivision of Lot 1 of
the East oue-half of Lot 2 of Lot 1 of Lot
2 of John P. Mettel's Subdivision in the
33
Regular Session, February 5, 1979
City of Dubuque, Iowa, does not meet
the size requirements of the statutes
and ordiuauces relating thereto; and
WHEREAS, the City Council concurs
in the condition of approval established
by the City Planning and Zoning
Commission,
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the pmt of the
subdivision of Lot 1 of the EWiI one-half
of Lot 2 of Lot 1 of Lot 2 of John P.
Mettel's Subdivision !n the City of
Dubuqw, Iowa, be and the same is
hereby a]YJYf'Oved and the Mayor and the
City Clerk are hereby authorized and
directed to endorse the a]YJYf'Oval of the
City of Dubuqw, Iowa, upon saiJi pmt,
provided that the owner of saiJi proper-
ty shaIl execute a written acceptance
hereIn attached, aclcowwledging and
agreeing:
10) That Lot 2 of the Subdivision of
Lot 1 of the EWit one-half of Lot 2 of
Lot 1 of Lot 2 of John P. Meltel's
Subdivision in the City of Dubv.qw,
Iowa, cannot be developed except Wi it
is mmle a part of a eonfomn'ng zon,ng
lot or lots.
Passed, approved and adopted this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
James E. Brady
Carolyn Farrell
Councilmembers
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, Tully.
Nays-None.
Abstain-Councilmember King.
Proof of Publication, certified to by
tbe Publisher, of Notice of Public
Hearing to reclassify property at 1997
University Avenue from ID Institution-
al District Classification to R-3 Residen-
tial District Classification described as
Lot 2 of 2 of Lot 16 of Tschirgi and
Schwind Subd.; Lot 2 of 1 and the
westerly 30 ft. of Lot 2 both of the
Subdivision of Lot 30 and 31 of
Morheiser's Addn. in the City of Dubu-
que, presented and read. No written
objections were filed and no oral
objectors were present in the Council
Chamber at the time set for tbe
hearing.
Councilmember Tully moved that the
proof of publication be received and
filed. Seconded by Councilmember
Farreil. Carried by the foHowing vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 14-79
Au Ordinance of the CIty of Dubnque,
Iowa, providing that the Code of
Ordinances City of Dubuque, Iowa, be
amended by revising Appeudix A there-
of, also known as tbe "Zoning Ordinance
and Zoning Map of the City of Dubuqne,
Iowa" by reclassifying property at 1997
University Avenue from ID Institntion-
aI District Classification to R-3 Resideu-
tial District Classification, said Ordi-
nance having been previously presented
and read at the Council Meeting of
January 2, 1979, presented for final
adoption,
ORDINANCE NO. 14-79
Au Ordinanee of the City of Dubuque,
fowa., providing that the Code of
Ordinances City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by reclassifyjng property at 1997
University Avenue from ID Institution'
aI District Classification to R-3 Residen.
tial District Classificatioo,
said Ordinance having been previously
presented and read at the Council
Meeting of January 2, 1979, presented
for final adoption.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL 010' THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Dubuqw, Iowa, be
amended by revising Appendix A there-
of, also Icowwn Wi the "Z<YYUng OrdiMnce
and Zoning Map of the City of Dubuqw,
Iowa", to reclo;;sify hereiMfter decribed
property fr<nn "ID Institutional Dis-
trict" clo;;sijÏcalion to "B-3 ReiMential
District" clo;;sification, to wit:
Lot 2 of Lot 2 of Lot 16 of Tschirgi and
Schwind Subdivision; Lot 2 of Lot 1
and lhe Weslerly 30 feet of Lot 2 both
of the subdivision of Lol 30 and 31 of
Morheiser's Addilion all in the City of
Dubuqw, Iowa.
Section 2. That the foregmng amend-
ment hw; heretofore been awroved by
the Pionn!ng and Zoning Commission of
the City of Dubuque, Iowa
Passed, approved and adopted this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Regular Session, February 5, 1979
34
Carolyn Farrell
Councilmembers
A'ITEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 9th day of
February, 1979.
Leo F. Frommelt
City Clerk
Councilmember Tully moved final
adoption of the Ordinance- Seconded by
Councilmember Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays~None.
Communication of Frederick J. Vau-
ghn, 2643 Queen St., submitting copy of
letter indicatiug concern as to snOw
plowing of an alley frontiug his home
and requesting that the alley be given a
street name to be called Sandy Lane,
presented and read.
Councilmember Tully moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Councilmember King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, Kiug, Tuily.
Nays-None.
Frederick J. Vaughn spoke to the
communicatiou.
Councilmember Tully moved that he
communication be received and filed
and referred to Staff. Seconded by
Councilmember King, Carried by the
following vote:
Yeas-Mayor Wertzberger, Couucil-
members Brady, Farrell, King, Tully.
Nays-None.
Communication of Housing Commis-
sion submittiug an application for 70
Additional Units of Section 8 consisting
of forty (40) units for elderly I 1
bedroom), and thirty (30) units for
small families (25-2 bedrooms, 5-3
bedrooms), presented and read.
Councilmember Tully moved that the
communicatiou be received and filed.
Seconded by Councilmember Farrell.
Carried by the following vote:
Yeas~Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 20-79
Authorizing Mayor to sign applicatiou
for 70 Units of Section 8 existing
Housing and Directing Staff to submit
application and required documents to
the U.S. Department of Housing and
Urban Development.
WHEREAS, the City of Dubuque
functions as a Public Housing Agency
authorized by provisions of Chapter
403A of the 1966 Code of Iowa, as
amended; and
WHEREAS, the City of Dubnque and
the U.S. Depactment of Housing and
Urban Development have approved a
Housing Assistance Pian for 1979 which
calls for development of seventy (70)
Section 8 Existing Housing Units; and
WHEREAS, the U.S. Department of
Housing and Urban Development has
issued a Notice of Jo'und. Avallability for
up to 268 Section 8 Existing Units
which requlres that any governing or
public body operating within any of
seven (7) Iowa Standard Metropolitan
Statistical Areas wishing to apply for
any portion of avallable funds, must file
its application before March 1, 1979 at
4:00 P.M.; and
WHEREAS, the City Councii of the
City of Dubuque wishes to expand its
participation in the Section 8 EXIST-
ING HOUSING program:
NOW THEREFORE BY IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City c"uncil
directs the Mayor of the City of
Dubuque to sign the a:ppIication for
seventy 170) units Wi prepared by staff
and now reviewed by City Council.
Section 2. That lhe Director of the
Department of Community Develop-
ment is directed to forwo:rd saiJi applica-
tion in the required number of copies,
together with other required docu-
mentation, to the u.S. Department of
HoUSIng and Urba:¡¡ Development Wi
soon Wi possible before the deadline.
Passed, adopted, and approved this
5th day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Councilmembers
ATTEST:
Leo F. Frommelt
City Clerk
Councilmember Tully moved adoption
of the Resolution. Seconded by Council-
member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 21-79
Authòriziug publication of 'Notice of
availability for Public inspection certain
Community Development mock Grant
Documents.
-- -- --
35
Itegular Session, February 5, 1979
Itegular Session, February 5, 1979
36
WHEREAS, under date of January
31, 1979, the Annual Performance
Report was submitted to the U.S.
Department of Housing and Urban
Development for processing; and
WHEREAS, Section 570.300 (b) of
the Community Development Block
Grant Program requires that reasonable
effort shall be made to inform citizens
involved in or affected by the local
Community Development Program that
the Annual Performance Report has
been submitted and is available to
interested parties upon request; and
WHEREAS, Section 570.906 I c) re-
quires that there be public notice of the
availability of the Annual Performance
Report for inspectiou by the public; uow
therefore:
BE IT RESOLVED BY TI-IE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Be it resolved thaI the City
Clerk be and he is hereby authorized
and d,rected to publish in the Dubuque
Tekgraph Herald, a newspaper of
general cirouJq;¡ion with the City, public
notice in the form of Exhibit A attached
hereIn and mmle a part hereof
PasseJ, adopted and approved this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Councilmembers
ATTEST:
Leo F. Frommelt
City Clerk
Councilmember Tully moved adoption
of the Resolution. Seconded by Council-
member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None-
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing to consider a project for which
Federal operating assistance under Sec-
tion 5 of UMTA is being sought,
presented and read. No written objec-
tions were filed and uo oral objectors
were present in the Council Chamber at
the time set for the hearlng-
Councilmember Tully moved that the
proof of publication be received and
filed. Seconded by Councilmember
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
Communication of UMTA comfirming
grant application requesting assistance
under Section 05 and assigulng a project
control number IA-05-4034, presented
and read.
Councilmember Tully moved that the
communication be referred to the Tran-
sit Board and Keyline Department.
Seconded by Councilmember King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
Communication of Transit Trustee
Board requesting coucurrence of the
Council for the repair of a bus damaged
in an accident December 12, 1978 at an
estimated cost of $23,459.i9, presented
and read.
Carl Heathcote spoke to the request.
Councilmember Farrell moved that
the communication be received and filed
and request approved and City Manager
and City Solicitor directed to pursue
claim with insurance company. Second-
ed by Councilmember King. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
Communication of The Dubuque Sym-
phony Orchestra requesting financial
assistance for the 1979-80 season in
amount of $9,162.00, presented and
read.
Paui Pechosh spoke to the commuuica-
tiou.
Councilmember Tully moved that the
request be referred to the Budget
Committee and City Council. Seconded
by Councilmember Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager re-
questing the Clerk be authorized to
publish notice of the time set by the
Council governing the use of Federal
Revenue Sharing Funds, presented and
read.
Councilmember Tully moved that the
communication be received aud filed
and Clerk be authorized to publish
notice- Seconded by Councilmember
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
lieu thereof, prescribing regulations for
the use of Municipally Owned Airport
Parking Lots, fixing and charging a fee
therefor,presented and read. Stacey
Murdock, Airport Connuissiouer, ex-
plained that "portion of a day was same
as a full day" as stated in subsection d
of Sec. 4-29 '¡' of Ordinance,
Council member Tully moved that the
reading just had be considered the first
readiug of the Ordinance. Seconded by
Council member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council-
members Farrell, King, Tully.
Nays-Couucil member Brady.
Council Member 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
Councii member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
members Farrell, King, Tully.
Nays-Councilmember Brady.
ORDINANCE NO. 15-79
An Ontinance of the City of Dubuque,
Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by repealing Seetlon 4-29 and
enacting a uew Section 4.29 in lieu
thereof and be repealing Seetiou 4-29 '¡'
and enacting a new Section 4-29 '¡' in
lieu thereof, prescribing regulations for
the use of Municipally Owned Airport
Parking Lots, fixing and eharging a fee
therefor,
presented and read.
NOW TI-IEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE
Cl'I'Y 010' DUBUQUE, IOWA:
Seetlon 1. ThaI the Code of Ordi-
nances of the City of Dubuque, Iowa be
amended by repeohng Sections 4-29 and
4-29 '¡' thereof and enacting new Sec-
tions 4.29 and 4-29'¡' in lieu thereof 10
read Wi follows:
"See. 4-29 Designated. That the
various municiaplly owned Airport
parTang lots located at the Dubw¡ue
Municipal Airport shall be designated
numerically Wi follows:
Lot No.1. The lot situated immedia- I
tely ,n front of the new terminal
building.
Lot No.2. The lot situated north aad
rear of lot No. 1.
Lot No.3. The lot situated immediar
tely eWit of the new terminal build,ng
and in front of the old term!na1
Imiùhng.
Lot No.4. The lot siluated immedia-
tely eWit of lot No.3.
Lot No.5. The lot situated west of
the, new terminal buildin.q alongside
ORDINANCE NO. 15-79
An Ordinanee of tbe City of Dubuque,
Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
ameuded by repealing Section 4-29 and
enacting a new Seetlou 4-29 in lieu
thereof and by repealing SectIon 4-29 '¡'
and enacting a new Seetlou 4-29 '¡' in
the 'I'ri-Slate Hangar build,ng.
Lot No.6. The 101 situated th!rty feel
west of lot No. 1.
Lot No.7, The lot situated immedia-
tely eWit and adjacent to lot No.4.
Lot No.8. the lot situated Northwest
of the terminal build,ng near the
Control Tower.
See. 4-29 '¡" Thue and Fee Schedule.
ParkIng meters on municipally owned
Airport parking lots, when installed and
properly operated, siwil s/ww legal
parking upon and after deposit of the
United States coins, and ,n the non-
metered parking lots, parking spaces
siwil be rented at a dally rate.
I a) On parkIng lot No.1, sIKh meters
shall show kgal par!ang for fifteen
rrnnutes upon deposit of each five cent
COIn or thirty minutes upon the deposit
of each ten cent COIn or one hour and
fifteen minutes upon the deposit of one
lwenty-five cent COIn, but nol nwre
thou a total of two hours at anyone
time. The mnximum kgal parking time
for anyone vehick at any one lime siwil
be two hours.
I b ) On parTang lots Nos. 3, 4, 5 and 6,
such meters siwil show legal parking for
two hours upon the deposit of each
twenty-five cent COIn, but not nwre
t/wn a total of twenty-fonr /wurs at any
one time. The mnximum kgal parking
time for anyone vehicle at anyone time
siwil be twenty-four hours.
~ ) In parking lot No.3, two meters
adjacent to the Weather Service siwil
show legal parking for fifteen ""nutes
upon deposit of each five cent coin or
thirty rrnnutes upon the deposit of each
ten cent coin, but not nwre than a total
of one /wur at anyone. time. The mnxi-
mum legal parkIng tÚne limit for any
one vehick at anyone time shall be one
hour.
In parking lots Nos- 3 and 5, one
parking spoæ shall be reserved the the
Iw:ndicapped. SIKh meters shall s/ww
kgal parking for two hours upon the
deposit of each twenty-five cent coin,
Imt not nwre than a lotal of twenty-four
h¡¡urs at anyone time. The rrwæimum
kgal parking time limit for anyone
vehick at any one tirne shall be
twemy-four /wurs.
Id) On parking lot Nos- 2, 7 and 8,
parking spaces rented at a rate of one
dollœr per do.y and any portion of a do.y
shall be considered a fall do.y.
(e ) Airport Employee Permits: AÚ.-
port employee permits will be avail-
able for a føe of $1. 50 per year, or any
portion thereof, to all persons employed
on the airport, inclwhng corporate
pilots, at the Airport Manager's discre-
tion. These airport employee permits
shall be voM in lots 7 and 8 mdy.
37
Regular Session, February 5, 1979
Permits are not refuruinhle.
(f) Non-Empwyee PlmYlits: Non-
employee permits will be availnble on
an annual basis at a cost of $75.00 per
year, prorated quarterly to regvlar
users of the airport. Non-ffltpwyee
permits will be aJk¡wed in oJl wts except
Wt No.1 and the rent-a-car wts.
Permits are not refuruinhle. "
Passed, approved and adopted this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
ThomasA. Tully, Jr.
D. Michael King
Carolyn Farrell
Councilmembers
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 9th day of
February, 1979.
Leo F. Frommelt
City Clerk
Councilmember Tully moved final
adoption of the Ordinance. Seconded by
Councilmember Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council-
members Farrell, King, Tuily.
Nays-Councilmember Brady.
Communciation of City Manager re-
questing adoption of a resolution
authorizing the expenditure of funds for
Dubuque Jo'riendship Force, presented
and read.
Councilmember Tuily moved that the
communication be received and filed.
Seconded by Councilmember Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council-
member Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 22-79
WHEREAS, Dubuque has been cho-
sen as oue of 25 American cities to
pacticipate in the Friendship Force
Program; and
WHEREAS, authorized representa-
tives of the Dubuque Jo'rieudship Force
Committee have petitioned the City of
Dubuque for financial assistance to
underwrite several of the planned acti-
vities; and
WHEREAS, it is deemed to be in the
best interest of the City of Dubuque for
the City to make available certain
funding for the benefit of the Dubuque
Jo'riendship Force Committee;
NOW THEREFORE BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectioo 1. That the City Manager be
and he is hereby authorized and direct-
ed to cover the foiJJJwin9 items of
expense ,n the amaunts indicated on
be/wlf of the Dubuqua Friendship
Force Committee.
Estimated Anwunts
Rental of Five F!ags Civic Center $400
on or about May 11, 1979
Rental of Eagle Pmnt Park Riverfront
Paviliom on or about May 19, 1979 $ 82
Passed, approved and adopted this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Councilmembers
ATTEffi':
Leo F. Frommelt
City Clerk
Councilmember Tully moved adoption
of the Resolution. Seconded by Council
member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council-
members Brady, Farrell, King, Tully.
Nays-None.
January 2'2,1979
Honorable Mayor and City Council
RE: Rezoning Requests - ID to R-3
Wesenberg -1874-1976 Delhi
Duccini - 1896 Delhi
Latham - 1935 Uuiversity Aveuue
The City of Dubuque Planuing aud
Zoning Commission has reviewed re-
classification requests for three propert-
ies currently lying iu the Institutional
District of the University of Dubuque.
The petitioners have requested R-3
Residential District classification on
their properties located at 1874-1876
Delhi, 1896 Delhi, and 1935 University
Avenue in the City of Dubuque, Iowa
and shown on the attached maps-
In reviewing the petitions, the Plan-
ning and Zoning Commission finds that
the Zoning Ordinance prohibits any uses
in the ID District which are not related
to the institution and requires that the
owner seek appropriate reclassification
of the property prior to commencement
of any use on the premises. The
University's long-range campus utiliza-
tion plan for longer includes these
properties. The Commission also finds
that inclusion of the subject properties
in the R-3 Residential Districts, as
requested, is a natural extension of the
zoning district preseutly in effect along
University Avenue and Delhi from
Loras Boulevard to Grandview Avenne.
Jo'urther, the Commission has deter-
Regular Session, February 5, 1979
38
mined that these petitions meet the
criteria of minor reclassifications as
setforth in Article VIII, Section 8-103.3
of the Zoning Ordinance. Therefore, in
the interest of conserving time, the
Commission has voted to approve the
requests without holding a public
hearing as authorized in Article VTII,
Section 8-103.2 of the Zoning Ordi-
uance.
The Planning and Zoning Commission
recommends your favorabie considera-
tion on the zoning petitions described
above.
City Planning and Zoning Commission
James D. Burke
Associate City Planner
Council member Farrell moved that
the communication be received and
filed. Seconded by Council member
Brady. Carried by the following vote.:
Yeas-Mayor Wertzberger, Councll-
members Brady, Farrell, King, Tuily.
Nays-None.
An Ordinance of the City of Dubuque,
Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by reclassifying properties at
1874-1876 Delhi and 1986 Delhi from ID
Institutional District Classification to
R-3 Residential District Classification,
preseuted and read.
Council Member Farrell moved that
the readiug just had be considered the
first reading of the Ordinance. Second-
ed by Couneil Member Brady, Carried
by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Farrell moved that
tbe rule requiring an ordinance to be
received and filed at two meetings prior
to the meetiug when final action is
taken, be dispensed with. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Farrell moved that a
public hearing be held on the Ordinance
on March 19, 1979 at 7:30 o'clock P.M.
in the Council Chamber at the Clty Hall
and that the City Clerk be iustructed to
publish uotice of the bearing in the
manner required by law. Secouded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-Noue.
An Ordinance of the City of Dubuque,
Iowa, providiug that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by reclassifying property at 1935
University Avenue from lD Institu-
tional District Classification to R-3
Residential District Classificatiou, pre-
sented and read.
Council Member Farrell moved that
the reading just had be considered the
first reading of the Ordinance,
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Council Member Farrell moved that
the rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispeused with. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Farrell moved that a
public hearing be held on the Ordinance
on March 19, 1979 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 hearing in the
manner required by law. Secouded by
Council Member Brady, Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Member Brady, Farrell, King, Tully.
Nays-None.
Communicatiou of Kiauer Mfg. Co,
requesting extension of option for the
next five years on Lots 7, 8 and 9 in
Block 1 and Lot 6 in Block 1 River Front
Sub. No.5, presented and read.
Council Member Tully moved that the
extension of option be approved and
referred to the City Attorney for
proceedings. Seconded by Council
Member Brady. Carried by the follow-
ing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
January 31,1979
Honorable Mayor and City Couucil
The City of Dubuque Planning and
Zouing Commission has held a public
hearing on a proposal to reclassify
properties located in the 2700 block of
University Avenue. The subject pro-
perties lie within the shaded area shown
on the attached map. The properties
are curreutly zoned in the C-2 Local
Service Commercial District and R-3
Resideutial District and the proposed
rezoning would cbange them to C-3
Arterial Busiuess Commercial District
Regular Session, February 5, 1979
,
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that the
rille requiring an Ordinance to be
received and filed at two meetings prior
to the meetiug when final action is
taken, be dispensed with- Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Member Brady, Farrell, King, Tully.
Nays-Noue.
Council Member Tully moved that the
public hearing be held ou the Ordiuance
on March 19, 1979 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 heariug in the
manner required by law, Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, TlÙly.
Nays-None.
RESOLUTION NO, 23-79
Authorizing the execution of a rental
agreement between the City of Dubu-
que, Iowa, and K. C. & S. Company of
Dubuque, Iowa.
WHEREAS, the City of Dubuque
desires professional installation, man-
agemeut, and operation of concession
services in the Dubuque Flve Flags
Center to sell merchandise consisting of
food products, confectionary products,
tobacco products, soft drinks, and hot
and cold alcoholic and non-alcoholic
beverages of the kinds and types
normally sold to the public at theatrical
shows, sporting meets, or other per-
fornumces, trade shows, conventions,
political gatherings and rallies, balls,
and other types of public and uon-public
events; and
WHEREAS, sealed proposals were
solicited and said bids were opened on
Jauuary 15, 1979; aud
WHEREAS, based on this bid pro-
posals the Civic Center Commission did
in special session January 22, 1979,
unardmously endorse the proposal made
by K. C- & S. Company of Dubuque,
Iowa; and
39
as depicted on the map.
This rezoning proposal was initiated
by an application from Mid-Continent
Bottlers, Inc. requesting reclassification
of their property at 2775 University
Avenue to the C-3 Commercial District.
Mid-Continent requested the change so
that it might expand its use which is
presently nou-conforming in the C-2
Commercial District. In reviewing this
request, the Commission determiued it
advisable to study the zoning of the
entire C-2 District.
After considering the facts and testi-
mony presented at the hearing, the
Commission has found that the pro-
posed rezonings as shown on the
attached map are appropriate aud in the
public interest. The current zoning
districts do not serve the established
pattern of land use and ownership. The
proposed C-3 Arterial Business Com-
mercial District wolÙd permit the
growth and improvement of existing
uses. At the same time, the area's
steep slopes and flood plain limit the
extent of commercial developmeut and
provide adequate buffering from sur-
rounding residential neighborhoods.
Accordingly, the Plauning and Zoning
Commissiou has voted to recommend
that the properties as legally described
on the attached ordinance be reclassi-
fied from the C-2 Local Service Com-
mercial District and the R-3 Residential
District to the C-3 Arterial Business
Commercial District.
City Planning and Zouing Commission
James D. Burke
Associate City Planner
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell,
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully,
Nays-None.
AN ORDINANCE of the City of Dubu-
que, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appeudix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa", by reclassifying properties lying
on either side of the 2700 Block of
University from C-2 Local Service
Commercial District and R-3 Residential
District to C-3 Arterial Business Com-
mercial District Classificatiou, presen-
ted and read.
Council Member Tully moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell, Carried by
the followiug vote:
Yeas-Mayor Wertzberger, Council
WHEREAS, it is necessary to enter
into a rental agreement to secure such
services.
NOW THEREFORE, BE IT RESOL-
VED BY THE CITY COUNCIL 010'
THE CITY OF DUBUQUE, IOWA,
Section 1. That the City Manager be
and he is hereby authorized and direc-
led to execute on behalf of the City of
Regular Session, Februarl' 5,1979
Dubuque a rental agreement with the
K. C. & S. Company of Dubuque, Iowa,
bWied on the requÙ.emmts and comii-
tilms Wi pat forth in the bid specifica-
tions and the proposal submitted.
Passed, approved and adopted this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D, Michael King
James E. Brady
Carolyn Farrell
Couucil Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adoption
of the Resolution. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO, 24-79
Authorizing the execution of a rental
agreement between the City of Dubu-
que, Iowa, and Røberts Food Service,
Juc. of Dubuque, Iowa.
WHEREAS, the City of Dubuque
desires professional installation, man-
agement, aud operation of a catering
service in the Dubuque Flve Flags
Center to equip, furnish, and operate a
dishroom and servery as exciusive
caterer in the Center; and
WHEREAS, sealed proposals were
solicited and said bids were opened on
January 15, 1979; and
WHEREAS, based on these bid pro-
posals the Civic Center Commission did
in special session January 22, 1979,
unanimously endorse the proposal made
by Roberts Food Service, Inc.
WHEREAS, it is necessary to enter
ÍI1to a rental agreement to secnre such
services.
NOW THEREFORE, BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY 010' DUBUQUE, IOWA,
Sectiou 1. That the City Manager be
and he is hereby authorized and direc-
ted to execute on behalf of the City of
Dubuque a renlal agreement with
Roberts Food Service, Inc. of Dubuque,
Iowa, bWied on the requirements and
comiitions Wi pat forth in the bid
specifications and the proposal sub-
mitted.
Passed, approved and adopted this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tuily moved adoption
of the Resolution, Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of Bullding Commis-
sioner advising that the Ad Hoc Build-
ing Code Review Committee have com-
pleted their dral't of a proposed Resi-
dential Housiug Code, recommending
adoption of the Code with reservation
as to inspection, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of League of Women
Voters urging the Council to move
forward and conduct a public hearing on
the building code, presented and read.
Council Member Tully moved that the
communication be received and fiied.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None,
AN ORDINANCE of the City of Dubu-
que, Iowa amending Chapter 20 of the
Code of Ordinances of the City of
Dubuque, Iowa, entitled Housing to
re-establish modern minimum health,
safety, and welfare standards governing
the maiuteuance and occupancy of all
dwellings and dwelling units etc., pre-
sented and read.
Council Member Farrell expressed
concern about the grandfather clause
and requested to be more specific.
Council Member Tully moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that the
rule requiriug an ordinance to be
received and filed at two meetings prior
to the meeting when final action is
takeu, be dispensed with. Secouded by
40
Regular Session, February 5, 1979
42
Regular Session, February 5, 1979
41
WHEREAS, The premises to be occu-
pied by such applicants were inspected
and found to comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
James E. Brady
Carolyn Farrell
Council Members
.RESOLUTIONNO.25-79
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examiued and approved; and
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that a
public heariug be held on the Ordinance
on February 19, 1979 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
hearing in the manner required by law.
Seconded by Couucil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-Noue.
Commumcatiou of Tom Leibold Asso-
ciates requesting amendment of the
Uniform Bullding Code Section 2201,
requiring one hour coustruction
throughout in Type V Buildings, pre-
sented and read.
Tom Leibold addressed the Council
relative to request. Advised Bulldiug
Code stated the need of 40 to 47 parking
spaces; Cost amounts to au additional
$7,000; Jo'HA requires 40 parking
spaces. City Code states a fire lane to
rear of bullding; Improved street
around Building would cost an ad-
ditIonal $20,000.
5/8" drywall changed to 5/8" center
wall by Jo'HA; City now talking about
5/8" in ceiling; Of the opinion that he
does not need double 5/8" drywall.
Dave Shorts of the city Bullding Dept.,
stated the City Code requires 1 hour
rated roof and ceiling.
Mayor Wertzberger moved that the
communication of Tom Leibold Assoc-
iates be referred back to the Code
Committee for re-review. MOTION
DIED FOR LACK OF A SECOND.
Council Member Brady moved that
Tom Leibold Associates request be
denied. VOTE ON THE MOTION WAS
AS FOLLOWS:
Yeas-Council Member Brady, Farrell
Nays-Mayor Wertzberger.
Abstaiu-Council Members King,
Tully.
Commumcation of Buildiug Dept. to
Thomas F. Leibold submittiug a synop-
sis of phone conversation had with
Building Official from Cedar Rapids,
relative to provisious for one hour fire
resistive wood frame coustruction as to
apactment building, presented and read
Council Member Farrell moved that
the communicatiou be received and
filed. Seconded by Council Member
Tully. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully-
Nays-None.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa that the Man-
ager be authorized to cause to be issued
to the following named applicants a
Liquor License.
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
CLASS "C" lCOMMERCIAL) BEER
AND lJQUOR LICENSE
Robert Spi"!!"lliaIter 2364 WasIùngton
Rita Clancy 201 East 22nd St.
LoITaine A. Fransen
IAIso Sunday Sales) 1100 Uncoln Ave.
Gerald C, Kirchberg 3202 Jaclæon St.
Dorothy SbaHer
IAIso Sunday Sales) 1103 Iowa St.
Passed, adopted and approved this
5th day of February 1979,
Richard Wertzberger
MAYOR
Thomas A. Tuily, Jr.
D. Michael King
James E. Brady
Carolyu Farrell
Council Members
NOW THEREFORE BE IT RESOL-
VED, By the City Council of the City of
Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Liquor
License.
RESOLUI10N NO. 27-79
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approved
and
CLASS"C" ICOMMERCIAL)BEER
AND LIQUOR LICENSE
WHEREAS, The premises to be oc-
cupied by such applicants were inspec-
ted and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT RESOL-
VED, By the City Council of the city of
Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
following named applicants a Beer
Permit.
MarIe B. Becker 206 West 3rd Street
IAIso Sunday Sales)
Passed, adopted and approved this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Couucil Members
ATTEST:
Leo F. Frommelt
Clty Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Tuily. Carried by the
followiug vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of U.S. Dept. of
Commerce advising to acquaint the City
with the 1980 Census Program by
soliciting information about neighbor-
hood systems, presented and read.
Council Member Tuily moved that tbe
communication be referred to the City
Manager and Staff. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Commumcation of Patrick M. Smith
indicating that implementation of snow
routes aud alternate side, on-street
parking, to minimize the inconvenience
to citizens during the winter months,
presented and read. Council Member
Tully moved that the communication be
received and filed and referred to the
City Attorney- Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
CLASS "B" BEER PERMIT
J.F.K. Fast Foods, Inc. 2075 J.F.K. Rd.
(AIso Sunday Sales)
CLASS "C" BEER PERMIT
Ted J, and
Georgia A. Heinz 1278 Centra! Ave.
Passed, adopted and approved this 5th
day of February, 1979.
Richard Wectzberger
MAYOR
Thomas A. Tuily, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Tuily. Carried by the
following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 26-79
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
Clgarettes and Cigarette Papers within
said City.
A. ¥. McDonald Co. 12th and Pine St.
Steve J, Smith 1585 Delhi St.
Goldeu Property Corp. 2620 University
Gerald Richter ann
John E. Kelly 2126 Central Aveuue
Robert Spiegellialter 2364 Washington
Passed, adopted and approved this 5th
day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A- Tully, Jr.
D. Michael Kiug
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tiou of the Resolution. Seconded by
Council Member Tuily. Carried by the
following vote:
Yeas-Mayòr Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 28-79
WHEREAS, Appllcatious for liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
43
Regular Session, February 5, 1979
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Paul R. Sutton re-
commending deuial of funds to the
Chamber of Commerce ie: Federal
Community Development Dollars, for
Industrial Development, preseuted and
read. Council Member Tully moved
that the communication be referred to
the Council. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of Office for Planning
& Programming, State of Iowa, submit-
ting a proposal for consideration to
provide youth 16 thru 19 years in
obtaining employment, presented and
read. Council Member Tully moved
that the communicatiou be received and
filed and referred to the City Manager.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of G.W. Westfall in-
dicating the stacting of a helicopter
service in the Dubuque Area, presented
and read. Couucil Member Tuily moved
that the communication be received and
filed and referred to the City Manager
to investigate possible uses. Seconded
by Council Member Farrell, Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None..
Communication of City Attorney,
beiug of the opinion that the Council
could be in accord with the opinion of
the City Manager and demand of the
Water Depactment, that Mr. Johu R.
Rhomberg be obligated to pay the
required fee of $1,077.80 for water
hookup at 32nd Street property,
presented and read. Council Member
Tully moved that the communication be
received and filed. Seconded by Couucil
Member Brady. Carried by the follow-
ing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuliy.
Nays-Noue.
Communication of DEQ advising that
they would like to conduct a survey for
the purpose of collecting information on
people's attitudes about noise, present-
ed and read. Council Member Farrell
moved that the communication be re-
ceived and filed and referred to the
Health Department. Seconded by
Council Member Tuily. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King Tully-
Nays-None.
Communication of Washington Neigh-
borhood Tool Library submitting their
annual report - requesting to meet with
the Council - also applying for further
financing throngh r.:ommunity Develop-
ment Commissiou, presented and read.
Les Pihact and Chris Reisch of the
Washington Neighborhood Tool Library
gave a brief history of the tool library -
Advised 1808 people were served dur-
ing the calendar year 1978 - Need
additional help - Reported losses
amounted to less than $90.00. Mayor
Wertzberger suggested that the organi-
zation meet with Community Develop-
ment Commission for funding,
Council Member Farrell moved that
the communication of Washington
Neighborhood Tool Library be received
and filed. Seconded by Council Member
Tully. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Commanding
Officer of USS Dubuque expressing
thanks for gift of flags; pictures will be
taken and sent, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Couucil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-Noue.
Communication of Peoples Natural
Gas advising of a statewide increase of
,4'" on rates, presented and read.
Council Member Tuily moved that the
communication be received and filed.
Secouded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Member Brady, Farrell, King, Tully.
Nays-None.
Communication of Dubuque Packing
Co. requesting that Keyline Transit
System provide service to their employ-
ees as an alternate mode of transporta-
tion, presented and read. Council
Member Brady moved that the com-
munication be received and filed and
referred to Keyline Transit System.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Printed Council Proceedings for the
month of October, 1978, presented for
Council approval. Council Member
Tully moved that the proceedings be
approved as printed- Seconded by
Council Member Brady. Curried by the
following vote:
Regular Session, February 5, 1979
44
Yeas-Mayor Wertzberger, Council
Members Brady, Farreil, King, Tully.
Nays-Noue.
Communication of Willa M. Bussan
submitting her resignation as the Hous-
ing Liasion member of the Re.Hab
commission, presented and read.
Council Member Tuily moved that the
resignation be accepted. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communicatiou of Housing Commis-
sion recommending appointment of
Richard Wertzberger, Jr. to replace
Mrs. Bussan as Housing Commission
Liaison to the Rehabilitation Commis-
siou, presented and read. Council
Member Tully moved that the appoint-
ment be approved. Seconded by
Council Member Brady. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Mactha Lundh sub-
mitting her resignation from the Histor;
ical Preservatiou Commission, present-
ed and read. Council Member Tully
moved that the resignation be accepted
with regret. Seconded by Council
Member Brady. Carried by the follow-
ing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of Secretary of Fire &
Police Retirement Board submitting
resignation of Richard Kolek III for
term ending 3-31-80, presented and
read. Council Member Tully moved
that the communication be received and
filed and resignation accepted with
regret. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None,
Proof of Publication, certified to by
the Publisher, of Notice of Hearing Held
ou January 25tb on proposed uses of
Geueral Revenue Sharing Funds, pre-
sented and read. Council Member Tully
moved that tbe proof of publication be
received and filed. Secouded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of City Manager
advising of meeting held in conformance
with aforemeutioned notice on Revenue
SharIng Funds and submitting minutes,
presented and read. Council Member
Tully moved that the communication be
received and filed. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-Noue.
MINUTES SUBMITTED-Five Flags
Center Commission of their meeting of
1-18 & 1-23; Airport Commission of
their meetings of 1-11 & 1-18; Com-
mmnity Developmeut Commissiou of
their meetings of 1-9 & 1-24; DMATS of
their meeting of 12-21-78; Youth Ser-
vices Board of Directors of their
meeting of 12-20-78; City Council
Open Sessious of 1-4, 1-8, 1-10 & 1-27;
Historic Preservation Commission of
their meeting of 1-23; Transit Trustee
Board of their mecting of 1-11 and City
Council & Housing Code Review Com-
mittee Work Session of their meeting of
1-22, presented and read. Council
Member Tully moved that the minutes
be received and filed. Seconded by
Council Member Farrell, Carried by
the Following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of PI..ming & Zoning
Commission Submitting a Zoning Ordi-
nance supplemeut for Article III Sectiou
3-103.9 (2) as an update, presented and
read.
Council Member Tuily moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Proof of Publication, certified to by
the Publisher, published January 10,
1979, of notice of Public Hearing on
February 6, 1979 for the purpose of
obtaining views of citizens on Com-
munity Development and. Houalng
Needs for 1980, 1981 and 1982, present-
ed and read.
Council Member Tully moved that the
proof of publication be received and
filed. Secouded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of DEQ recommend-
ing that the City submit revised stand-
ard specifications relative to new Iowa
DEQ rules and procedures for construc-
tion of sewer and water systems,
presented and read. Council Member
Tully moved that the communication be
received and filed and a copy be sent to
Engineering Dept. and Public Works
Regular Session, February 5,1979
46
Itegular Session, February 5, 1979
45
and report be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger. Council
members Brady, Farrell, King, Tuily.
Nays-None.
Council Member Brady moved that
William A. Conzett be reappointed to
the Dock commission for a :fyear term
expiring 11-26-81. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeasz-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None,
The following applications received
for appointmeut to the Zoning Board of
Adjustmeut for an unexpired 5 year
term expiring 9-19-78 were presented:
Ruth Nash and Gordie Mills. Vote for
the appointment was as follows: Gordie
Mills - Mayor Wertzberger, council
Members King, Tuily. Ruth Nash -
Council Members Brady, Farrell.
Gordie Mills was therefore appointed
to Zoning Board of Adjustment for term
expiring 9-19-82.
The following applications for appoint-
meut to the Zoning Board of Adjust-
meut for a 5 year term expiring 9-19-83
were preseuted: Kelly Hoxmeier and
Joseph L. Kramer. Vote for the
appointment was as follows: Joseph L.
Kramer - Mayer Wertzberger, Council
Members Brady, King, Tuily. Kelly
Hoxmeier - Council Member Farrell.
Joseph L. Kramer was therefore
appointed to Zoning Board of Adjust-
ment for term expiring 9-19-83.
The following applications for ap-
pointment to the Airport commission
for an unexpired 6 year term expiring
9-14-80 were presented: C.J. May, Jr.,
Freda Reyuold and Eric Melson. Vote
ou the appointment was as follows: C.
J. May, Jr. - Mayor Wertzberger,
Council Members King, Tuily. Freda
Reynolds - Council Members Brady,
Farrell.
C.J. May, Jr, was tberefore ap-
pointed to the Airport commission for
an unexpired 6 year term expiring
9-14-80.
Council Member Tully moved that
Paul Eisbach be approved for appoint-
ment to the Board of heating, Ventilat-
ing, Air-Couditioning & Refrigeration
Board for an unexpired term of three
year term expiring 3-16-81. Seconded
by Council Member Brady. Carried by
the following vote:
yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None. (Recalled later-not
qualified)
Applicatious for appointment to the
Historic Preservation Commission for
E. Drummond, in an undetermined
amount, for personal injuries received
in a fall on an icy sidewalk at Devon
Drive on January 7, 1979; Cross peti-
tion against third pacty (City) in the
amount of $999., by Richard Geisbrecht
and Thompson's Food Market; Mrs.
Jimmie Ellen Miller, in an undetermin-
ed amount, for personal injury and
property damage claim as the result of a
fall on West Locust St. at 380 due to ice
and snow: Melvin A. Thein, in the
amount of $87.92 for car damage
incurred as the result of striking an
overfilled excavation at 330 Valeria St.
on January 14, 1979; Kathleen Ham-
mer, in the amount of $23,000., for
personal injuries received as the result
of a fall in tbe 500 Block on 17th Street
on November 13, 1978; Economy fire &
Casualty Co, in the amount of $220" for
rental paid by the impoundment of
Morris J. Blum, their client on Decem-
ber 14, 1978; Notice of U.S. District
Court District of Connecticut in re:
Master Key antitrust litigation involv-
ing contract hardware purchased for
public buildings from 1950 to 1970;
Michael K. Luedtke, in the amount of
$521.80, for car damage incurred as the
result of being struck by Keyline Bus at
corner of Hill & Caledonia on January
24, 1979; Homer Addyman, in the
amount of $250., for car damage incur-
red during snow removal period on
Valleyview on january 26, 1979; Wayne
G. Droessler, in an undetermined
amount, for car damage incurred as the
result of driving on a defective street at
Dodge & Bryant on January 28, 1979;
Windor, Inc., in the amount of $163.29,
for car damage incurred as the result of
blowing snow off Flve Flags Center roof
ou Locust St. on January 22, 1979; Dale
Macke, in the amount of $41.50 for car
damage incurred as the result of
strikIng a defect on the street at Dodge
St. near Clarke Station on January 28,
1979; Richard J. Spangler, in the
amount of $52.20 for car damage
incurred as the result of striking a
chuckhole in the street on Dodge St. at
Derby Station on January 27, 1979,
preseuted and read.
Council Member Tuily moved that all
Notices of Claims be referred to tbe
City Attorney for investigation and
report. Seconded by Council Member
Jo'arrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Fluance Director
submitting the annual report for Flscal
Year July 1, 1977 to June 30, 1978,
presented and read. Council Member
> Tully moved that the communication
proof of publication be received and
filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Dubuque Down-
town Ass'n expressiug thanks for the
Council's renewed commitment to the
Downtown area, presented and read.
Council Member Tully moved that the
communicatiou be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tuily.
Nays-None.
Petition of Peoples natural Gas re-
questing permission to excavate in a ten
year street on University Avenue,
presented and read.
Council Member Tully moved that the
petition be received and filed and
request approved. Seconded by Couucil
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-None.
Communications of City Attorney re-
commending denials of -- Sewer back-up
claim of Randall Wayne Gray; Water
leak service claim of Theresa Dauseuer,
should pursue claim agaiust contractor;
car damage claim of Rose Stauden-
raous, no negligence on pact of City;
Dubuque Flrefighters Assn. Claim for
legal fees as the resuit of an accident
with a fire truck and a citizen's car, in
the amount of $400., presented and
read,
Council Member Tuily'moved that the
communications be received aud filed
and recommendations of denial approv-
ed. Secouded by council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertberger, Council
Members Brady, Farrell, Kiug, Tuily.
Nays.,.-None.
Communication of City Attorney ad-
vising of dismissal of action against
Dubuque Marina, City and Dubuque
Lumber Co. claiming the foreclosure of
a Mechanic's Lieu by Moldt Electric
Service, presented and read.
Council Member Tuily moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-None.
NOTICE OF CLAIMS-Zimpro Inc., in
the amount of $53,008.00, for labor and
material furuished at the Dubuque
Waste Water Treatment Facility; Pearl
Director. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-None.
January 11, 1979
To the Honorable Mayor and
Members of the City Couucil.
In accordance with the provisions of
Chapter 400 of the Code of Iowa, 1977,
the Civil Service Commissiou conducted
written examinations on January 11,
1979 for applicants to the Fire Depact-
ment as AMBULANCE DRIVER/
ATTENDANTS
The following uamed persons are
hereby certified and are to be consid-
ered for appointmeut in the following
order:
Sehmitt, Keuneth
Pope, Jeffery
Tedrow, Larry
Bankson, Rick
Thompson, Leslie
McDonough, Rich
Weber, John
Backes, Mark
Neyens, Seott
Sanders, John
91.;¡>/o
85.4"10
83.~/o
83.1"10
83.1"10
82.:J!/o
8O,~/o
Wlo
Wlo
Wlo
Richard Zimmer
Chairman
John E. Hess
Jo'rieda Luther
Civil Service Commission
ATTEST; Leo F. Frommelt
City Clerk
Subscribed and sworn to before me
this 11th day of January 1979.
Joleen A. Bechen
Notary Public
Council Member Tully moved that the
communication be received and be made
a matter of record. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of City Manager sub-
mitting reports of City Treasurer,
Jo'inance Director, Water Dept., Health
Dept., also list of claims for month of
December, 1978, presented and read.
Council Member Tuily moved that the
communication be received and filed-
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certified to by
the Publisher of Receipts and Dis-
bursements also list of clalms for
December, 1978, preseuted and read.
Council Member Tuily moved that the
47
Regular Session, February 5, 1979
an unexpired term expiring 6-29-81
were presented: Rosemary Cronin and
Janice Zenner. Vote for the appoint-
ment was as follows: Janice Zenner -
Mayor Wertzberger, Council Members
Brady, King, Tuily. Rosemary Cronin -
Council Member Farrell. Janice Zenner
was therefore appointed to the Historic
Preservation Commission for an unex-
pired 3 year term expiring 6-29-81.
term expiring 6-29-81.
Council Member Tuily moved to
confirm the appointment of Richard A.
Wertzberger, Jr. from the Housing
Commission as liason member to the
Rehab. Commission. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tully.
Nays-None,
Council Member Tully moved the
approval of the appointment of Wm.
Grothe to the Electrical Examining
Board as recommended by the City
Manager, for an unexpired 4 year term
expiring 7-12-79. Seconded by Council
Member Brady. Carried by the fol-
lowing vote:
Yeas--Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Applications from Susan Soley, Mary-
ann PoOling and Sandralee Scott for
appointment to the Human Rights
Commission for a 3 year term expiring
1-1-82 were presented. Vote on the
appointment for Sandralee Scott was as
follows:
Mayor Wertzberger, Council Members
Brady, Farrell, King, Tuily.
Vote on the appointmeut for Susan
Soley was as follows:
Mayor Wertzberger, Council Members
Farrell, King, Tully.
Susan Soley and Sandralee Scott were
therefore appointed to the Human
Rights Commission for a 3 year expiring
1-1-82,
Council Member Tully moved that Ben
Miehe, representing Architect/Eugi-
neer, be appointed to the Housing
Rehabilitation Commission for an un-
expired term expiring 10-16-80 and
Karen Winter, represeuting At-Large,
to the Housing Rehabilitation Commis-
sion for a 3 year term expiring 1-25-82.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-Noue,
Council Member Tully moved that
Philip Kelly be appointed to the Civic
Ceuter Commission for an unexpired
term expiring 6-29-81. Seconded by
Mayor Wertzberger. Vote on the
motion was as follows:
Yeas-Mayor Wertzberger, Council
Member Tully.
Nays-Council Members Brady, Far-
rell, King. MOTION FAILED.
Council Member Brady moved to table
the appointment of Philip Kelly to the
Civic Center Commission. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Council Members Brady, Far-
rell, King.
Nays-Mayor Wertzberger, Council
Member Tully.
Council Member Brady moved that all
applications received from applicants
not appointed, be kept iu an active file.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-Noue,
There being no further business,
Council Member Tully moved to ad-
jouru. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-.None.
Leo F. Frommelt
City Uerk
Approved
Adopted
1979
1979
Council Members
ATTEST:
City Clerk
48
Special Session, February 14, 1979
CITY COUNCIL
OFFICIAL
Special Session, February 14, 1979.
Council Met at 4:30 P.M. (C.S.T.)
Present - Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
City Manager Gilbert D. Chavenelle.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and this Meeting is called for
the PURPOSE 010' ACCEPTING PRE-
SENTATION OF THE CITY MANA-
GER'S IT 1979-30 BUDGET and acting
upon such other business as may
properly come before a Regular Meet-
ing of the Council.
Personnel Director Michael Rohret
addressed the Council requestiug a
Collective Bargaining Strategy Meeting
to become pact of the agenda for the
February 19, 1979 Council Meeting was
presented. Council Member Brady
moved that the request be approved.
Seconded by Council Member Tully.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager sub-
mitting his Budget Message for the
1979-80 F'iscal Year, presented and was
reviewed. Council Member Tully
moved that the communication be re-
ceived and filed. Seconded by Council
Member Brady. Carried by the follow-
ing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
There being no further business,
Council Member Tully moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the followiug vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Approved
Loo F. Frommelt
City Uerk
1979
Adopted
1979
Council Members
ATTE,ST:
City Clerk
Special Session, February 19, 1979
50
'!pecial Session, February 19, 1979
49
adequate opportunity to pacticipate in
tbe development of the application and
in the development of any revisions,
changes or amendments; and
WHEREAS, Dubuque Screw Pro-
ducts Inc. has re-conveyed said pro-
perty to the City of Dubuque, Iowa by
Warranty Deed:
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Dick Vorwald sub-
mitting a list of items for further study
in the proposed building code before
final adoption, presented aud read.
Dick Vorwald spoke to the commUlù-
cation.
Mayor Wertzberger moved that the
commanication be received and filed
and referred to City Staff and Ad Hoc
Housing Committee. Seconded by
Council Member Tuily. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Some discussion arose as to the
grandfather's clause in the proposed
Housing Code. Mr. William Hammel,
Chairman of the Ad Hoc Housing Code
Committee stated that the grand-
father's clause is workable.
The updated Code is not considered a
stringent one and is written around
minimum standards.
AN ORDINANCE amending the Code
of Ordinances of the City of Dubuque,
Iowa, by repealing Chapter 20 thereof
and enacting a new Chapter 20 in lieu
thereof to re-establish madern minimum
health, safety, and welfare standards
governing the maintenance and occu-
pancy of all dwellings and dwelling anits
located in all areas under the furisdica-
tion of the government of the City of
Dubuque; to establish minimum resi-
deutial housing standards, operating
licenses for certain dwellings, residen-
tial housing inspections, fees for oper-
ating licenses aud residential, housing
inspectious, providiug for the collection
of fees, penalties and procedures for
abating violations, and the administra-
tion and enforcement of these standards
consistent with those of the U.S.
Depactment of Health, Education and
Welfare, the U.S. Depactment of Hous-
ing and Urbau Development, the ani-
form codes, the Code of Iowa and the
building and technical codes of the City
of Dubuque; declaring certain nuisances
unlawfui; and providing peualty for the
violation hereof, presented.
Councll Member Tully moved to
recess the hearing to the Council
Meeting of March 8, 1979 at 7:30 p.m. in
the Council Chambers in City Hall.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 29-79
WHEREAS, Dubuque Screw Pro-
ducts, Inc. has heretofore purchased the
real estate hereinafter described; and
CITY COUNCIL
OFFICIAL
Special Session, February 19, 1979.
Council Met at 7:30 p.m. IC.S.T_)
Present: Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
City Manager Gilbert D. Chavenelle.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and this meeting is called to
CONDUCT A PUBLIC HEARING TO
AMEND CODE OF ORDINANCES,
CHAPI'ER 20 ENTITLED
"HOUSING", and to act upou such
other business as may properly come
before a Regular Meeting of the
Council.
Proclamations proclaiming the week
of February 18th to 24th as "National
Engineers Week" and week of February
19th to 25th as "Freedom Week" were
read and so proclaimed by Mayor
Wertzberger.
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing to consider amending Code of
Ordinances, Chapter 20 entitled
"Housing" to re-establish miuimum
standards, etc., presented and read.
Council Member Tuily moved that the
proof of publlcatiou be received and
filed. Secouded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Commanication of Building Commis-
siouer submitting proposed amend-
ments to the Dubuque Residential
Housing Code, presented and read.
Council Member Farrell moved that the
commanication be received and filed
and referred to City Staff and Ad Hoc
Housing Committee. Seconded by
Council Member Tuily. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Commanication of Ronald L. Hixon
stating that we are not regressing but
moving forward in the upgrading of the
City housing, and the present proposed
Code legislates away from the right of
citizens to select the mode of living they
can best afford, presented and read-
Ronald Hixou spoke to the commani-
cation.
Mayor Wertzberger moved that the
commanication be received and filed
and referred to City Staff and Ad Hoc
Housing Committee. Seconded by
Council Member Tully. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
WHEREAS, it has been deemed to be
in the best interests of the Community
Development Block Grant Program to
hold a hearing to supplement previously
held neighborhood meetings, meetings
with private and public agencies, City
Manager's budget meeting, and the
various meetings conducted by the
Commanity Development Commission;
NOW THEREFORE BE IT RE-
SOI,VED BY THE CITY COUNCIL 010'
THE CITY OF DUBUQUE, IOWA:
Sectiou 1. That Warranty Deed of
Dubuque Screw Products Inc. convey-
ing to the City of Dubuque, Iowa the
following described property, to-wit:
LotS of Block 1 of "River Front Sub-
division No.5" in the City of Dubu-
que, Iowa, subject to easements and
subject to existing easements for
utilities, sanitary sewer and storm
sewer lines and existing waterlines,
together with right of ingress and
egress to repair, inspect and maintain
the same
be and the same is hereby approved and
delivery of said conveyance is hereby
accepted.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY 010' DUBUQUE:
Section 1. That the City Clerk be and
he is hereby authorized and directed to
lh' ~ ~~;m u~i iE':ili:~i ~~? Ae ~ ~~~:d~~~e~
and made a pact thereof.
Passed, approved and adopted this
19th day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tuily, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Section 2. That the City Clerk be and
he is hereby authorized to cause said
Warranty Deed to be recorded in the
office of the Dubuque County Recorder.
Passed, approved and adopted this
19th day of February, 1979.
Richard Wertzberger
MAYOR
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
City Clerk
PUBliC HEARING
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Secouded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-Noue.
RESOLUTION NO. 30.79
Authorizing Publication of Notice of
Public Hearing for the Use of Com-
munity Development Block Grant
Funds
Pursuant to Title I of the Housing and
Commanity Development Act of 1974,
the City Council of the City of Dubuque
will hold a public hearing for the pur-
pose of obtaining the views of residents
of the City on community development
and housing ueeds.
A summary of eligible activities that
may be undertaken with Community
Development Block Grant funds, a
summary of activities proposed to be
undertaken for the year beginning July
1, 1979 and the Citizens Pacticipation
Plan are on file and avallable at the
Depactment of Commanity Develop-
ment, 480 Fischer Bullding, Dubuque,
Iowa, betweeu the hours of 8:00 a.m.
and 5:00 p.m. except Saturdays and
holidays. Additonal information con-
cerning the Community Deveiopment
Block Grant Program may be obtained
from Daniel Dittemore 1319-556-3456) or
Harry Neustadt (319-557-1930) of the
Depactment of Commanity Develop-
ment.
The public hearing will be held in Clty
Council Chambers, City Hall, 13th and
WHEREAS, the City of Dubuque is
eutitled under Title I of the Housing
and community Development Act of
1974 to certaiu Community Develop-
ment Block Grant Funds; and
WHEREAS, the regulations govern-
ing the submission of an application for
such fuuds require that citizens be
provided with adequate information
concerning the Community Develop-
ment Block Grant Program and an
--
51
Special Session, February 19, 1979
Speciál Session, Febrnary 19, 1979
52
Ceutral Avenue, Dubuque, Iowa, at
7,30 p.m. on March 8, 1979. Any
person or organization desiring to be
heard will be given an opportunity to
express their views on Community
Development and Housing needs.
Leo F. Frommelt
City Clerk
Council Member Farell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of Community Devel-
opment advising that the environmental
assessmeut for Jackson Park for Com-
munity Development Block Grant activ-
ty has been completed, presented and
read. Council Member Farrell moved
that the communication be received and
filed. Secouded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
RESOLUTION NO. 31-79
Authorizing Publication of Notice of
Environmental Review Finding, for
Certain Connnunity Development Block
Grant Project
WHEREAS, the City of Dubuque has
entered into Grant Agreement B-78-
MC-19-0004 with the U.S. Department
of and Urban Development,
r financial assistance to the
City Title I of the Housing and
Community Development Act of 1974;
and
WHEREAS, pursuant to the rules
and regulatious as promulgated by the
U.S. Depactment of Housing aud Urban
Development, environmental review
has been processed for the project
hereinal'ter to be described to be
financed with Community developmeut
Block Grant Jo'unds; and
WHEREAS, an ad hoc Envirou-
meutal Review Committee has al'ter due
cousideration made a determination
that the project is not a major Fed-
eral action significantly affecting the
quallty of the human enviromnent;
now therefore
BE IT RESOLVED BY THE CITY
COUNCIL 010' THE CITY 010'
DUBUQUE, IOWA:
Section 1, That the City Clerk be and
he is hereby authorized and directed to
publish a Notice of Finding of No
Significant Effect on the Environment
for the following ideutified project, and
to make the Environmental Review
Record for said project avallable for
public inspectiou. Such notice shall be
in the form of Exhibit "A" attached
hereto and made a pact hereof.
Neighborhood Park Improvements
Jackson Park
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of March 19,
1979, authorizing the submission of a
request to the U.S, Depactment of
Housing and Community Developmeut
Act of 1974, to undertake the project.
Passed, approved aud adopted this
19th day of February, 1979.
Richard Wertzberber
Mayor
D. Michaei King
James E. Brady
Carolyn Farrell
ATTEST: Council Members
Leo F. Frommelt
City Clerk
HaIJ, 13th and Central Streets, Dubu-
que, Iowa. This environmental record
is available for examination and may be
copied between 8:00 a.m, and 5:00 p.m.
daily except Saturdays, Sundays and
holidays.
No further environmeutal review of
the project is proposed to be conducted,
and the City of Dubuque intends to
request the U.S. Department of Hous-
ing and Urban Development to release
funds authorized by the Housing and
Community Development Act of 1974
for the Project.
Comment may be submitted to the
City of Dubuque until 12:00 Noon,
Wednesday, March 14, 1979, addressed
to Richard P. Wertzberger, Mayor of
the Clty of Dubuque, City Hall, 13th
and Ceutral Street, Dubuque, Iowa
52001.
Dated and Published February 22,
1979.
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, council
Members Brady, Farrell, King.
Nays-None,
Abstain-Council Member Tuily.
Applicatiou of John P. & Jeanne
Kramer requesting annexation of Lot 2
of 1 of 1 of Beverly Pines in Section 2
Table Mouud Township (Off Pego
Court), presented and read.
Council Member Farrell moved that
the application received and filed.
Council Member Farrell moved that
the application be received and filed,
Seconded by Council Member Brady.
Carried by the
~as-Mayor Council
Members Brady, Farrell, Tuily,
Nays-None.
RESOLUTION ANNEXING
CERTAIN TERRITORY
No, 32-79
EXlBlT"A"
PUBLIC NOTICE
Pursuant to the environmental pro-
cedures for the Community Develop-
ment Block Grant Program, the City of
Dubuque has prepared a Notice of
Jo'inding of No Sigulficant Effect on the
Environment for the Project identified
as follows to be undertaken under Title
I of the Housing and Community
Development Act of 1974.
Neighborhood Park Improvemeuts -
Jackson Park
The City of Dubuque has found that
this Project has no sigulficant effect on
the environment based on the following
facts and reasons.
1. Assessment of the uature, magul-
tude, and duration of any ad-
verse and positive hopacts;
2. Consideration of alternatives to
the Project, commitment of re-
sources, known views of local
groups, measures which can be
instituted to lessen potential
adverse hopacts and to enhance
the environment;
3. No loss of unique environmental
resources;
4. No irreversible developmeut
trends;
5. A minimum occurrence of adverse
effects that can not be avoided;
and
6. No hopacts on properties posses-
sing historical, archaeological,
architectural or cultural signifi-
cance.
The City of Dubuque has made an
Environmental Review Record for this
Project, and has placed this record on
file in the office of the City Clerk in City
WHEREAS, the owners of an. area
approximately 1.486+ acres in alze im-
mediately adjoining the southerly city
limits of the City of Dubuque, Iowa; and
WHEREAS the inhabitants of said
territory will be enabled to secure the
benefits of city government in the way
of police and fire protection if sald
territory is incorporated within the city
limits of theCity of Dubuque, Iowa; and
WHEREAS, the inhabitants of said
territory will be enabled to secure
water, and other municipal services if
said territory is incorporated within the
city limits of the City of Dubuque, Iowa;
and
WHEREAS, Section 362.30, Code of
Iowa 1958, authorizes the extension of
city limits in situations of this character
by the adoption of a resolution, there-
fore; and
WHEREAS, the future growth, de-
velopment and preservation of the
public health of the City of Dubuque,
Iowa, makes it hoperative that said
territory be made a part of the City of
Dubuque, Iowa; and
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa, that the territorial
limits of the City of Dubuque, Iowa be
and they are hereby extended to include
the area comprising the following
described real estate;
Lot 2 of Lot 1 of Lot 1 of "Beverly
Pines" in Section2, Table Mound Town-
ship, Dubuque County, Iowa, according
to the recorded plats thereof,
Thia area is as shown on the plat
attached. hereto, and by this reference
made a pact hereof, the boundarles.of
said area being outlined in red thereon,
That the premises herein annexed
shall become pact of the thirteenth
voting preeinct in the City of Dubuque,
Iowa.
Passed, adopted and approved this
19th day of February, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Leo F, Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution, Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King,
Nays-None.
Abstain-council Membr Tully.
Communication of E. B. Lyons
Prairie"WoodIand indicating a desire to
appear before the Council to present a
protest against the erection of power
lines over the wooded bluffs and natural
environs, stream sites, adjacent and
passing thru. tbe preserve, presented
and read.
Jim Rooks of the Nature Center
addressed the Council relative to the
communication stating that transgres-
siMisbeingmadeagalnsttbe40acre
preserve; Questioned how will Granger
--
53
Special Session, February 19, 1979
Creek be affected; Power lines obstruct
view; Requested to refer to the City
Solicitor to see what rules might be
violated; Stated an Euvironmental Im-
pact Statement is needed; Broad legis-
lative powers are being invoked; Re-
questing reconsideratiou for placement
oflines.
Council Member Brady moved to
suspend the rules to let anyoue present
address the Council if they so desire.
Seconded by Council Member Kiug-
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Robert Dyer of Interstate Power Co.
and Don Dowling, Engineer of iuter-
state Power Co. spoke to the communi-
cation and response given by Mr.
Rooks.
Mr. Dowling stated lines are needed
to provide adequate service to Dubu-
que;
Under ground construction would
cost three million dollars a mile; Over-
bead would amount to $200,000. per
mile. A 34 mile liue now exists between
Dobuque and Maquoketa, Company
must stick .to Government Survey
Lines; Voluntary easements prevall.
He advised no Federal Jo'unding is
involved and no attempt will be made to
increase voltage in the future.
Cal"in Gatz of Rt. #2, Dubuque,
addressed the Council stating he resides
south of the uature Center; Shares a
similar wilderness philosphy. It is
incumbent upon Commerce eommission
and Utilities to provide Environmeutal
Impact Statemeut as to the area.
Council Member Brady moved that the
communication of E. B. Lyons Prairie-
Woodland be received and filed and that
the Council goes on record favoring
Environmental Impact Statement by
Interstate Power Co. and forward same
to Iuterstate Commerce Commission
requesting them to make such a state-
ment; Copies of Resolution be made
available to State Resource Commis-
sion, to the respective chairmen of the
Iowa House and Senate, National Re-
sources Committees, and local delega-
tion asking Commerce commission to
make request. Seconded by council
Member Farrell. Carried by the
following vote:
Yeas-Council Members Brady,
,'arrell, Tuily.
Nays-Mayor Wertzberger, Couucil-
man King.
Petition of Wilfred C. Spoerl et al
(13 signers) requesting restricted park-
ing on Irving Street from University
to Decorah on the east side, presented
and read.
Wilfred Spoerl addressed the Council
relative to the petition.
Council Member Tuily moved that the
petition be referred to the City Mana-
ger and Traffic Committee for investi-
gation and directed to report back at
the second meeting in March. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Equestrian Heights Sub.
No.1 requesting installation of a street
light at the end of Clydesdale Court,
presented and read. Council Member
Tully moved that the petition be
received and filed and Electrical In-
spector's recommendation submitted by
City Manager be approved. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of keyline Transit
Authority, in resolution form, request-
ing the Council to effect the speedy
procurement of a planner to fill the
E.C.I.A. vacancy, presented aud read.
Council Member Brady moved that the
communication be received and filed
and referred to Council. Seconded by
Council Member Tuily. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily-
nays-None.
Petition of Stonehill Care Center re-
questing street lights ou Windsor Ave.
between Wiudsor and Davis north and
the Stonehill Community property, pre'
sented and read. Council Member Tully
moved that the petition be received and
filed and referred to the City Manager
and Electrical Depactmeut. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Washington Neighborhood
Council by Hank Waltz, requesting a
meeting with the Council in the propos-
ed redevelopment of the flats Area,
presented and read. Council Member
Tully moved that the petition be
received and filed and referred to a
meeting to be held on February 27, 1979
at 7:30 p.m. at the St. Mary's Cafeteria-
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Special Session, February 19, 1979
RESOLUTION NO, 33-79
Setting tbe Date of Publie Hearing on
the Fiscal year 1980 Budget for the City
of Dubuque
WHEREAS, Section 334.16 of the
Code of Iowa provides that the City
Council shail set a time and rlace for
public hearing on the budget before the
final certification date and shall publish
notice before the hearing as provided in
Sectiou 362.3 of the Code ofIowa;
NOW THEREJo'ORE BE IT RESOL-
VED BY THE CITY COUNCIL 010'
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council shall
conduct a public hearing on the pro-
posed 1979-80 budget of the City of
Dobuque at City Council Chambers,
City Hall, 13th and Central, Dubu-
que, Iowa on Thursday, March 8,
1979 beginning at 7:30 p.m.
Section 2. That the City Clerk be and he
is hereby authorized and directed to
publish according to law Notice of
Public Hearing together with the re-
quired budget information docu-
Ments.
Passed, approved and adopted this
19th day of Febraury, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
LeoF. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the followiug vote:
yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
nays-None.
RESOLUTION NOt 34-79
Setting the Date of Public Hearing on
the Ave Year Capital hnprovement
Program
WHEREAS, a recommended Ave Year
Capital Improvement Program for the
City of Dubuque has been prepared and
submitted to the City Council; and
WHEREAS, the Capital projects for
the first two years are included in the
FIscal Year 1980 Budget for the Cltyof
Dubuque; and
WHEREAS, it is deemed to be in the
best iuterest of the city of dubuque to
consider the adoption of the FIve year
54
Capital Improvement Program simul-
taneously with the adoption of the
FIscal year 1980 Budget for the City of
Dubuque;
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Clty Council shall
conduct a public hearing on the FIve
Year Capital Improvemeut Program
at City Couucll Chambers, City Hall,
13th and Central Avenue, Dubuque,
Iowa on Thursday, march 8, 1979 be-
ginning at 7:30 p.m.
Passed, approved and adopted this
19th day of February, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D, Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tuily moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrel!, King, Tuily.
Nays-None.
Communication of Public Works Di-
rector requesting Mayor to execute
certificate pertaining to acquisition and
relocation activities for highway pro-
gram, preseuted and read. Council
Member Tully moved that the request
be approved. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of City Manager ad-
vising of completion of Pedestrian Curb
Ramps Program by Patrick T. O'Dowd,
contractor, presented and read. Council
Member Farrell moved that the com-
munication be received and filed.
Seconded by Council Member Brady.
Carled by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None,
FINAL ESTIMATE
Resolution No. 35-79
WHEREAS, the contract for the
Pedestrain Curb Ramps has been com-
pleted and the Clty Engineer has sub-
mitted his final estimate sbowing the
cost thereof including the cost of esti-
mates, notices, inspection, and prepar-
ing tbe assesment and plat, now there-
Special Session, February 19, 1979
I
Carolyn Farrell
Council Members
55
fore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $9,382.63.
That none of the cost thereof shall be
assessable upon private property and
$9,382.63 shall be paid from the Com-
munity Development Fund of the City
of Dubuque.
Passed, adopted aud approved this
19th day of February 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abstain-Council Member Tuily.
(A Resolution Accepting Improvement)
RESOLUTION NO. 36-79
WHEREAS, the contract for the
PEDESTRAIN CURB RAMPS
has been completed and the City
Manager has examined the work and
filed his certificate stating that the
same has been completed accordiug to
the terms of the coutract, plans and
specifications and recommends its ac-
ceptance, now therefore,
BE IT RESOLVED, by the Clty
Col'Dcil of the City of Dubuque, that the
recommendation of the City Manager be
approved and that said improvement be
and the same is hereby accepted,
BE IT Jo'UBTHER RESOLVED, that
tbe City Treasurer be and he is hereby
directed to pay to the contractor from
the funds to be realized from Com-
munity Development Funds issued npou
the above described improvemeut in
amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, adopted and approved this
19th day of February, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tiou of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abstain-Council Member Tuily.
Communications of City Attorney
submitting resolutions covering renewal
of option periods for an additional five
years on Lots 6, 7, 8 & 9 in Block 1 in
River Front Sub. No.5, preseuted and
read, Council Member Tully moved
that the communications be received
and filed. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
RESOLUTION NO. 37-79
WHEREAS, Kiauer Manufacturing
Company, through its counsel by com-
munication dated January 29, 1979, ex-
pressed its desire to extend the optiou
period for an additional five (5) years
coucerning the purchase of
Lots 7, 8 and 9, all in Block 1 in
"River Front Subdivision No.5" in
the .City of Dubuque, Iowa,
and that the said extensiou of tbe option
period was accompanied with a check
for $9,000.00 as consideration for said
extension of option for an additioual five
(5) years.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1, That the extension of the
option period for five 15). years by
Klauer Manufacturing Compauy in
accordance with and pursuant to the
option agreement dated February 13,
1978 be and the same is hereby
approved.
Passed, approved and adopted this
19th day of February, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn Farrell
Council Members
Special Session, February 19,1979
56
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 38-79
WHEREAS, Klauer Manufacturing
Company, throngh its counsel by com-
munication dated January 29, 1979,
expressed its desire to extend the
option period for an additional five I 5)
years concerning the purchase of
Lot 6 in Block 1 in "River Front Sub-
division No.5" in the City of Dubu-
que, Iowa,
and that the said extension of the optiou
period was accompanied with a check
for $3,600.00 as consideration for said
exteusion of option for an additional five
15) years.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY 010' DUBUQUE, IOWA:
Section 1. That the exteusion of the
option period for five (5) years by
Kiauer Manufacturing Company in
accordance with and pursuant to the
option agreement dated June 2, 1978 be
and the same is hereby approved.
Passed, approved and adopted this
19th day of February, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tuily moved adop-
tiou of tbe Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
February 14, 1979
The Honorable Mayor and
Members of City Council
Dear Council Members:
The purpose of this letter is to
provide for your affirmation the recom-
mendatious of the City Manager's Office
for appointment to the Board of Heat-
ing, Ventilation Air-Concitioning and
Refrigeration.
For a term to expire March 16, 1981,
the name of Thomas Geisler, 2021
Lagen. Mr Geisler is an incumbent of
the Board whose term officially expired
March 16, 1978. Mr. Ceisier has served
oue previous term and represents the
sheet metal coutractors,
For a term to expire March 16, 1981,
the name of Richard Jasper, 716 E.
22nd St. This woilld be Mr. Jasper's
first term and represents the sheet
metal workers.
Two positions on this Board will
expire March 16, 1979, and we submit
the names of Frank J. Schwartz, 2755
Burdeu and Charles Berwanger, 2240
Kerper Blvd., for appointments to three
year terms. Schwactz is a present
incumbent and is in the midst of serving
his first term representing the bot
water and steam fitting workers. Mr.
Berwanger will be serving his first term
and represeuts the hot water and steam
fittiug contractors.
Gilbert D, Chavenelle
City Manager
Council Member Tuily moved that the
recommendations of appointments be
approved. Seconded by Council
Member Wertzberger, Carried by the
following vote:
Yeas-Mayor Wertzberger, Coucnil
members Brady, Farrell, King, Tuily.
Nays-None.
Nominations were made to fill expira-
tions of terms on the Human Rights
Commission and Civic Center Commis-
sion. Council Member Brady moved
that all motions be tabled until further
clarification of procedure can be pre-
sented from Boards and Commissions
Study Group. Seconded by Council
Member Farrell. Carried by the
follwoing vote:
Yeas-Council Members Brady, Far-
rell, lGug.
Nays-Mayor Wertzberger, Conncil
Member Tully.
RESOLUTION NO. 39-79.
BE IT RESOLVED, By the City
Council of the Clty of Dubuque, Iowa,
that the following having complied with
the provisions of law relating to the sale
of Cigarettes within the City of Dubu-
que, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
said City-
K. C- & S- Co., Inc. 4th and Main Sts.
Special Session, February 19, 1979
58
Special Session, February 19, 1979
57
and harbor work near East Duhuque,
was presented for discussion.
Mr. Barklow and Mr. Holl spoke to
the petition requesting endorsement be
given to them at this Meeting; Going to
Washington, D.C. on Wednesday with
request; Projects consist of 129 acres
and 67 acres for proposed industrial
projects.
Council Member Tully moved that the
petition be referred to the Dock Com-
mission for investigation and they be
directed to report back at the first
('Á)Uncil Meeting in March. Seconded by
Council Member Brady- Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, King, Tuily.
Nays-Council Member Farrell
Communication from the Phillsbury
Company, addressed to City Attorney
Russo, indicating their interest in ob-
taining an option to purchase Petrakis
Park, either an outright purchase or a
land trade, presented and read.
Council Member Tully moved that the
communication be referred to the
Mayor's Industrial Committee and also
fuil Dock Commission. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-Mayor Wertzberger on the
motion to iuclude the entire Dock
Commission.
council recessed at 10:12 P.M.
RECONVENED AT 10:20 P.M.
Verbal report by City Personnel
Director, Michael Rohret, advised an
Executive Session is not warrauted at
this time for presentation of the Fact
Finder's Report for the International
Union of Operating Engineers, Local
758, as requested and granted at the
Special Council Meeting on February
14, 1979 at 4:30 p.m. No objections
were made to the Open Session. Mr.
Rohret advised the Council that the
City has been bargaining with 3 units;
Transit Contract for 2 years bas been
approved; Operating Engineers have
reached a Tentative Agreement. Mr.
Rohret then presented a report of
changes made and agreements con-
sented to. A Resolution approving the
Fact Jo'inder's Recommendation was
placed before Council for approval.
WHEREA.S, the pacties reached a
tentative agreement on all items of
uegotiations on December 18, 1978, and
WHEREAS, afier the December 18,
1978 tentative agreement was rejected
by the Union, the pacties entered into
the fact fiuding phase of their impasse
procedure iu order to resolve their
contract dispute; and
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Passed, adopted and approved this
19th day of February 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr-
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
RESOLUTION NO. 41-79.
ATTEST:
Leo F. F'rommelt
Clty Clerk
WHEREAS, Applications for Liquor
Licenses have been 1ubmitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, a fact finding hearing
was held before fact finder Jeffery
Winton who issued his recommeudation
to the City and the Union on February
15, 1979; and
Council Member Tuily moved adop-
tion of the Resolutiou. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
WHEREAS, The premises to be
occupied by such appiicants were in-
spected and found to comply with the
State law and all City Ordinances
relevant thereto and they have filed
proper bonds;
WHEREAS, the fact finder deter-
mined that the pacties were at impasse
over the issues of wages, cost of iiving
and duratiou of contract; and
RESOLUTION NO, 40-79.
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examiued and
approved;
WHEREAS, The premises to be
occupied by such sppiicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City council of the
City of Dubuque, Iowa, that the Man-
ager be authorized to cause to be issued
to the following name appiicants a
Liquor License.
WHEREAS, the fact finder re-
commended that the pacties adopt a two
year labor coutract with a reopener in
the second year of the contract on
economic issues that the pacties were at
nopasse on during the fact finding
hearing; and
WHEREAS, the pacties were at
nopasse on the economic issues of
wages IArticle XXXXII) and cost of
living (Article XXIX); and
CLASS"B" (IIOTEL-MOTEL)BEER
AND LIQUOR LICENSE
Inns of Iowa, Ltd. Dubuque IAlso Sun-
day Sales)-3434 Dodge Street
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the man-
ager be authorized to cause to be issued
to the followiug named applicants a
Beer Permt.
CLASS"C" (COMMERCIAL)BEER
AND LIQUOR LICENSE
WHEREAS, the fact finder further
recommended that a general wage
increase be determined by the following
formula;
Apactments Ltd. IAlso Sunday Sales)-
Kennedy Mall
Beverly Ann Larsen (Also Sunday
Sales) -1701 Central Ave.
Compute a 7"10 increase in salary as of
6/30/79 [wages and cost
ofliviug)
minus 3.4"10 cost of living growth
minus .!Pla for increased cost of in-
surance benefits
3.1"10 increase in the wage
schedule (Articie
XXXXII); and
WHEREAS, the fact finder further
recommended that the cost of iiving
plan in the curreut labor contract be
continued;
CLASS "C" BEER PERMIT
Beverly R. Miller (Also Sunday Sales)-
260 Southern Ave.
Thomas E. Kessler IAlso Sunday Sales)
-1993 Asbury Road
Thompson's Food Markets, Inc. (Also
Sunday Sales)-1545 S. Grandview
Lucky Stores, Inc. (Also Sunday Sales)
-18oo Elm St.
Lucky Stores, Inc. (Also Sunday Sales)
-3033 Asbury Street
Lucky Stores, Inc. (Also Sunday Sales)
-3049 Asbury Street
Passed, adopted and approved this
19th day of February 1979.
Richard Wertzberger
Mayor
Thomas A- Tully, Jr.
D. Michael King
James E. brady
Carolyn Farrell
Council Members
minus
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tuily moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily-
Nays-None-
Petition of Daryl Barklow and Walter
Holl requesting Council endorsement
for dredging permit appiications to be
filed with the Rock Island Corps of
Engineers covering proposed dredging
Passed, adopted and approved this
19th day of February 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY 010' DUBUQUE, IOWA:
RESOLUTION NO. 42-79
Section 1. That the fact finder's re-
Commendatiou of a two year contract
with a reopener in the second year of
the contract on wages IArticle XXXXIl)
and cost of liviug (Article XXIX) be
adopted by the City Council;
Section 2. That the general wage
WHEREAS, representatives of the
City of Dubuque, Iowa and the Inter-
national Union of Operating Engineers,
Local 758, entered into contract negoti-
atious on October 27,1978; and
ATTEST:
Leo F. Frommelt
City Clerk
Special Session, February 19, 1979
60
Special Session, February 19, 1979
59
Algouaon 1-18-79; Roger E. Wagner, in
the amount of $39.14, for car damage
incurred as the result of a garbage
truck driver dropping a can lid on his
car at 1340 Glen Oak on 1-9-79; David J.
Sehmitt, in the amount of $50., for car
damage incurred as the result of driving
into a mound of dirt in the street at
Dodge & Bryant on 2-8-79; Touy Meyer,
in the amount of $15,000" for property
loss incurred as the result of erosion at
775 W. 32nd St. over a six year span;
Attorneys N;tek, Richardson & Nack of
Galeua, Ill., notifying the city of a
personal injury claim of Louis 1. Miller
vs. Mario's & Steve Noonan as the
result of a fall on an icy sidewalk at 13th
& Main on December 20, 1978; Notice of
Suit by Kathleen R. & Edwin J. Stoltz
vs. City and James R. Jach d/b/a/
Dubuque Sports & Landmark Produc-
tions Inc., in the amount of $15,000., for
persoual injuries received as the result
of being struck in the head by a beer
can at Petrakis Park on August 10,
1978; Debra Susan Powers, in an
estimated amount of $128.25, for car
damage incurred as the result of being
strnck by a salt truck on 1-11-79 at 715
Caledonia St,; John Knox Coit, in an
estimated amount of $107.16, for car
damage incurred as the result of being
struck by a garbage truck at Sehiller &
Lincoln Ave. on 2-12-79; Raymond F.
Dean, in an undetermined amount, for
personal injuries received in a fall on an
icy sidewalk south of Jones Street
between Locust & Bluff Sts. on De-
cember 30, 1978, presented and read.
Council Member Tuily moved that all
Notices of Claims be referred to the
City Attorney for investigation and
report. Seconded by Council Member
Tully. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
February 12, 1979
To the Honorable Mayor and
Members of the City Council.
In Accordance with the Provisions of
Chapter 4oo of the Code of Iowa, 1977,
the Civil Service Commission couducted
written examinations on August 1, 1978
and physical agility tests on August 22,
1978 for applicants to the Police De-
pactmeut.
On August 28, 1978 a list of ten
applicants, eligible for appointment,
was certified to your honorable body,
according to Civil Service Chapter 4oo
of the Iowa Code, which sets a limit of
ten on the first certification. Twenty
applicants actually passed the required
tests. We hereby certify the second list
of ten applicants to be considered for
appointmeut as follows, beeause the
first list has been exhausted.
Janda, Thomas
Kane, James III
Johannsen, Mark
Baker, Edward
Ruddy, Stephen
Sigwarth, Thomas G.
Lynch, WilliamJ.
Holland, Kevin J.
O'Brien, Shane K,
EWers, SteveJ.
Richard ZImmer
John E. Hess
Frieda Luther
Civil Service commissioners
revenue bonds to be able to purchase
mortgages for residentall housing, at
reduced rates, preseuted and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
nays-None.
Communication of HUD submitting
guidelines for an Economic Develop-
ment Strategy for use by communities
in the preparatiou of EDS to meet
certain planning requirements of
Economic Development Administration,
Community Development Block Grant,
and Urban Development Action Grant
Programs, presented and read. Counci!
Member Tully moved that the commcni-
cation be referred to the Community
Development Depactment. Seconded
by council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Printed Council Proceedings for the
month of November, 1978 were pre-
sented for approval. . Council Member
Tully moved that the council Proceed.
ings be approved as printed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
MINUTES SUBMITTED--Historic
Preservation Commission of 2-7; Hous-
ing Rehabilitation Commission of 1-29;
Housing Commissiou of 1-16 & 1-31;
Five Flags Civic Ceuter of 2-6; Com-
munity Developmont Commission of
2-1; Transit Trustee Board of 1-29;
DMATS of 12-21-78; Recreatiou Com-
mission of 1-8, were preseuted and
read.
Council Member Tuily moved that the
minutes be received and filed. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Proof of Publication, certified to by
the Publisher, published on February 9,
19/9, advising the public that the City
has submitted an Annual Performance
Report for Fiscal year 1979, presented
and read. Council Member Tuily moved
that the proof of publication be received
and filed. Seconded by council Member
Farrell. Carried by the following vote:
yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
increase be determined using the fact
finder's recommended formula of:
increase in salary as of
6/30/79 (wages and cost
ofllving)
minus 3.4'/0 cost of living gcowth
minus .;P/a increase in cost of in-
surance benefits
3.1% increase in the wage
scheduie (Article
XXXXII)
Section 3. That the fact finder's re-
Commendation of a continuation of
the current cost of living plan be
adopted by the City Council;
Section 4. That it be further resolved
by the City Council that the fact
finder's recommendations as stated
(reopener on wages--Article XXXXlI,
and cost of living--Article XXIX) and
all other acticles tentatively agreed to
on December 18, 1978 betweeu the
City and the International Union of
Operating Engineers, Local 758, re-
present the complete labor contract
for the period of July 1, 19/9
through June 30, 1981.
Passed, approved and adopted this
19th day of February, 1979.
Richard Wertzberger
Mayor
Thomas A Tully, Jr.
D. Michael King
Carolyn Farrell
Council Members
7%
3.1%
ATTEST:
Leo F. Frommelt
Clerk"
Subscribed and sworn to before me
this 13th day of February 1979.
Joleen A. lJechen
Notary Public
ATTEST:
Leo, F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
yeas-Mayor Wertzberger, Council
Members Farrell, King, Tuily.
Nays-Council Member Brady.
Communication of U.S. Corps of
Engineers advising of scheduling their
annual Flood Coordination Seminar on
March 1, 1979 and requesting attend-
ance, presented and re.G- Council
Council Member Tully moved that the
communicatiou be received and filed
and referred to the Engineering De-
pactment. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King, Tuily.
Nays-None.
Seal
Council Member Tully moved that the
communication be received and made a
matter of record. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, council
Members Brady, Farrell, King, Tuily.
Nays-None.
NOTICES OF CLAIMS--Kenneth L.
Beck, in tbe amount of $147.17, for car
damage incurred as the result of
striking a hole in the street in the 27oo
block of Umversity Ave. ou 2-2-79;
Uonald L. Kuhn, in an estimated
amount of $280.73, for car damage
incurred as the result of being struck by
a City-owned truck at 3675 Keystone
Drive on 1-31-79; John C. Wolbers, in
an estimated amount of $361.01, for car
damage incurred as the result of being
struck by a city-owned truck at 195 N.
February 13, 1979
Honorable Mayor & City Council:
Martha Reinert of 605 Bluff Street
filed claim against the City of Dubuque
ou July 28, 1978 alleging that she broke
her arm ou June 2 as tbe result of a
defect in the public sidewalk at 1060
f"<mtral.
This matter was referred to the City
Attorney who has made an investiga-
tion thereof and has reviewed the Police
Depactmeut's personal injury report
and has conferred with the claimant's
counsel.
Offer of settJemeut of said claim has
been made by claimant in the amount of
$200.oo; and iu view of the fore-
Communication of Shearson Haydeu
Stone Inc- submitting a dral't of the
proposed bill to authorize cities in Iowa
to issue single family mortgage backed
61
Special Session, February 19, 1979
going, it is the recommendation of the
City Attorney that said offer of settle-
ment be accepted and the City Auditor
be instructed to draw warrant payable
to Mactha Reinert in the amount of
$2oo.oo and transmit same to the City
Attorney for delivery upou receipt of
duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Tully moved ap-
proval of the recommendation and the
Auditor be instructed to issue proper
warrant. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
November 13,1979
Honorable Mayor & City Council:
Claim was filed by Julie A. Heinz of
843 Mt. Loretta on October 3, 1978
claiming that on September 26, 1978 she
suffered a fall in front of City Hall near
the maUbox as the result of slipping on
some clear liquld thereat.
This matter was referred to the City
Attorney who has made an investiga-
tion of same and has conferred with the
claimaut and finds that claimaut has
made an offer of settlement in the
amount of $40.oo. It is the recommend.
ation of the City Attorney that said
offer of settlement be accepted and the
Clty Auditor be instructed to draw
warrant payable to Julie A. Heinz in the
amount of $40.oo and transmit same to
the City Attorney for delivery upon
receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Membr Tully moved approval
of the recommeudation and the Auditor
be instructed to issue proper warrant.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily-
Nays-None.
February 13, 1979
Honorable Mayor & City Council:
Claim was filed by Marie M. Gotts-
chalk of 1845 Jackson Street on Septem-
ber 26, 1978 claiming that she suffered a
fall and sustained personal injuries as
the result of her stepping in a hole in
the street on 19th Street in the vicinity
of Donovan's Food Market near Central
Aveuue.
This matter was referred to the City
Attorney who has made an investiga-
tion of same and has conferred witi the
claimant and finds that claimant ilcur-
red medical expenses in the amount of
$91.84 and has made an offer of settle-
ment in that amount. It is the
recommendation of the City Attorney
tbat said offer of settlement be accepted
and the City Auditor be instructed to
draw warrant payable to Marie M.
Gottschalk in the amount of $91.84 and
transmit same to the City Attorney for
delivery upon receipt of duly executed
releases.
Original claim is returned herewith.
R. N. Russo
. City Attorney
Council Member Tuily moved ap-
proval of the recommendation and the
Auditor be instructed to issue proper
warrant. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
nays-None.
Communications of City Attorney re-
commending DENIALS of car damage
claim of Dale Macke; Car damage claims
of Richard J. Spangler; Car damage
claim of Wayne G. Droessler; Car
damage claim of James J. Dryer,
presented and read.
Council Member Tully moved that the
recommendations of deinals be ap-
proved. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
There being no further business,
Council Member Tully moved to adjourn
this Meeting to March 8, 1979 at 7:30
P.M. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, Kiug, fully.
Nays-None-
Approved. .
Adopted.
Leo F. Frommelt
City Clerk
.1979
.1979
Council Members
ATTEST:
City Clerk
Regnlar Session, Marcb 5, 1979
61A
CITY COUNCIL
OFFICIAL
Regular Session, March 5, 1979,
No members of the Council being
preseut the meeting was adjourned
subject to call.
Leo F. Frommelt
City Clerk
CounclI Members
ATTEST:
City Clerk
~~-~- -