1979 August Council Proceedings
Special Session, August 1,1979
334
CITY COUNCIL
OFFICIAL
Special Session, August I, 1979.
Council Met at 4:15 P.M. (C.D.T)
Present-Mayor Wertzberger, Coun-
cil Members Brady, Farrell, King,
Tully. City Manager W. Kennetb
Gearbart.
Mayor Wertzberger read tbe call and
stated tbat service tbereof bad been
duly made and this meeting is called to
ADOPT A RESOLlYrlON CERTIFY-
ING THE POPULATION COUNT OF
THE CITY OF DUBUQUE, lOW A, and
acting upon such other business as may
properly come before a Regular Meet-
ing of the Council.
Mayor Wertzberger swore in W.
Kenneth Gearhart as the newly-appoin-
ted City Manager.
Communication of Director of Com-
munity Development submitting a spe-
cial tabulation of 1970 census data to
include persons in the annexed area.
!",esented and read.
Conncil Member Tully moved that the
communication be received aod filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
RESOLUI10NNO.I96-79
Certifying the Population Count
of the City of Dubuque, Iowa,
to Certain State Officials
WHEREAS, the Bureau of Census,
United States Department of Com-
merce, has !",ovided an official state-
ment of the population count of the city
of Dubuque, including areas annexed
through June I, 1979;
NOW THEREFORE, BE IT RESOL-
VED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1, That it is hereby certified
I>y the Mayor and City Council that the
[KJpu/atian of the city of Dul>uque,
Dul>uque County, Iowa, inclwIing the
area;¡ annexed through June 1, 1979
WWi 64,886 a;¡ of April1, 1970-
Section 2. That the City Clerk is
herel>y authorized and directed to pro-
vide certified copies of this resolution,
together with copies of the official
staterrænt dated July 2>, 1979 from the
Bureau of Census, United States
Departrrærl1 of Comrrærce to the Sec-
retary of State and l'rea;¡urer of the
State.
Passed, approved and adopted this
1st day of Angust, 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 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.
Application from Bill BiIlikas request-
ing transfers of Beer Permit for August
4th and 10th from 926 Milln Street to
7th & Milln Street (Town Clock Plaza),
presented and read.
Conncil Member Farrell moved that
the transfers be approved. Seconded
by Council Member Brady. CaITied by
the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
There being 00 further business,
Conncil Member Farrell moved to ad-
journ. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Leo F. Frommelt
City Clerk
Approved
1979
1979
Adopted
ATTEST:
Council Members
City Clerk
335
Regular Session, August 6,1979
CITY COUNCIL
OFFICIAL
Regular Session, August 6, 1979.
Council Met at 7:30 P.M. (C.D.T.)
Present-Mayor Wertzberger, Coun-
cil Members Brady, Farrell, King,
Tully. City Manager W. Kennetb
Gearhart.
Mayor Wertzberger read tbe call and
stated tbat service tbereof bad been
duly made and this is THE REGULAR
MONTHLY MEETING of the Counell
called for tbe purpose of acting upon
such business as may properly come
before the Meeting.
Invocation was given by Rev. Roger
O'Brien of Nativity Catholic Church.
Proclamations proclaiming week of
August 26 to Sept. 1, 1979 as "Dubuque
Symphony Orchestra Week", period of
Sept. 2nd & 3rd as "JeITY Lewis
Muscular Dystropby Teletbon Week-
end", August lOtb & 11th, 1979 as
"Disabled American Veterans Forget-
Me-Not Day", August 20tb to 26tb as
"Armed Forces Awareness Week",
August 26, 1979 as "Women's Equallty
Day" and August 6tb tbru 12tb as
"Jaycees B B Gun Week" were read and
so proclromed by Mayor Wertzberger.
Petition of Dubuque Cbapter of
National Organization for Women re-
questing to conduct a Walk/Run for the
Equal Rights Amendment on August
26, 1979, presented and read.
Council Member Tully moved that the
request be approved subject for final
implementation of tbe City Manager.
Seconded by Council Member Farrell.
CaITied by tbe following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Fan'ell, King, Tully.
Nays-None.
Proof of Publication, certified to by
tbe Publisber, of Notice of Public
Hearing to establisb tbe West Thirdl
Alpine Street area a historic preserva-
tion district, covering certain described
properties, presented and read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at tbe time set for tbe
hearing.
Council Member Farrell moved tbat
tbe proof òf publlcation be received and
filed. Seconded by Council Member
Tully. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 47-79
AN ORDINANCE ESTABLISIllNG
TIlE WEST THlRD/ALPINE HIS-
TOmC PRESERVATION DISTR1CT
CONTAINING THE PROPERTIES
DESCRIBED, PURSUANT TO THE
REQUIREMENTS OF ORDINANCE
18-77,
srod Ordinance having been previously
presented and read at the Meeting of
July 2, 1979, presented for final adop-
tion.
ORDINANCE NO. 47-79
AN ORDINANCE ESTABLISIllNG
THE WEST THIRDI ALPINE IllS-
TORIC PRESERVATION DISTRICT
CONTAINING THE PROPERTIES
HEREINAFTER DESCRIBED, PUR-
SUANT TO THE REQUIREMENTS
OF ORDINANCE 18-77.
WHEREAS, Ordinance 18-77 pro-
vides for the establishment of Historic
Preservation Districts; and
WHEREAS, tbe Historic Preserva-
tion Commission bas conducted studies
establisbing tbe bistorical and archi-
tectural significance of the district
bereinafter described; and
WHEREAS, tbe Historic Preserva-
tion Commission has beld a public
meeting for tbe purpose of hearing all
interested parties and considering any
and all objectioos to the proposed des-
ignation; and
WHEREAS, residents of tbe pro-
posed district have presented a petition
requestiog historic district desiguation
under provisioos of Ordinance No.
18-77; and
WHEREAS, srod petition contains
ninety-six signatures, including sixty-
five of tbe sixty-seven l'esideot prop-
erty owners within the proposed dis-
trict, and four of the eigbt rental
properties within the proposed dis-
trict; and
WHEREAS, the Planning and Zoning
Commission bas found that the pro-
posed district is in harmony witb tbe
general development plan, Zoning Ordi-
nance and proposed public improve-
ments; and
WHEREAS, the City Counell bas
held a public hearing for tbe purpose of
hearing all interested parties and con-
sidering all objections to tbe proposed
desiguations; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections have been duly
weigbed and considered.
NOW THEREFORE, BE Yl' OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Regular Session, August 6, 1979
336
Section 1. That the properties
hereinafter described constitute a dis-
trict of historical and architectural
significarwe and s/wll hereafter I>e
designated an Histmc Preservation
District pursuant to Ordinarwe 18-77, to
wit:
AU of Lot 1 thru Lots 3, irwlusive: all
of Lot 4 excepting the Northerly 10',
thereof: all of the &mth '/2 of Lot 6:
all of Lots 12 thru 16, irwlusive: and
all of Lots 1M thru 16A, irwlusive: all
I>eing in Paulina Langworthy's Addi-
tion.
The West 15' of Lot 4: all of Lot 5,
and Lot 6: all I>eing In McCoy
Subdivisian.
AU of Lots 1 thru 6, irwlusive, of Lot
2 and Lot 8: all of Lot 4: and all of
Lots 5 thru 8, inclusive, exceptIng the
Northerly 12' of all of them: all beIng
!n Mrs. L.A. Langworthy's Addition.
AU of Lots 1 thru 12, inclusive: all of
Lots 17 thru 21, iw:lusive: aad all of
Lots 49 thru 53, ,nclusive: all being In
Julia Langworthy's Addition.
Lots 1 thru 4, ,nclusive: Lot 1 of Lot
6: Lots 28 thru 82, iw:lusive: Lot 1 of
Lot 1 of Lot 1 of Lot 88: and Lot 1 and
Lot 2 of Lot 2 of Lot 88: all being in
T.S. Na"-rn's Dubuque Additian.
These properties are all wcated In
S. w. 'I. of N. W. 'I. of Section 25,
T89N. R2E of the 5th P.M, in the
City of Dubuque, Ioua.
Section 2. That the properties withIn
said described district shall I>e subject
to the u.S. Department of Housing and
Urban Deve/¡yprrænt 1977 Guidelines for
Rehabilitating Old Buildings a;¡ adopted
I>y the Histmc Preservation Commis-
sian for said Commission's review pro-
cedure that precedes the issuaw:e of a
Certificate of Appropriateness pursuant
to Ordinaw:e 18-77.
Passed, adopted and approved this
6th day, August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in tbe Telegraph
Herald Newspaper this lOtb day of
August, 1979.
Leo F. Frommelt
City Cletk
1t 8/10
Council Member Farrell moved finro
adoption of the Ordinance. Seconded by
Council Member Tully. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Historic Pre-
servation Commission requesting ap-
pointment of an Historic Preservation
Commissioner to represent the West
Thirdl Alpine District, presented and
read.
Council Member Tully moved that tbe
communication be received and filed
and refeITed to Councll. Seconded by
Council Member Kiog. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully,
Nays-None,
Communications of Msgr. Barrett to
Historical Preservation Commission and
to the Council commeoding them for the
excellent work being done in the area of
designation of bistoricro districts, pre-
sented read.
Council Member Tully moved that the
communicatioos be received and filed.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certified to by
the Publlsher, of Notice of Publlc
Hearing of intention to issue Industrial
Development Revenue Bonds Series
1979, in the amount of $410,000. (Dubu-
que Supply Co.), presented and read.
No written objections were flled and
no oral objectors were present in the
Council Cbambers at tbe time set for
tbe hearing.
Councll Member Brady moved tbat
tbe proof of publlcation be reoeived and
filed. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abstron-Council Member Tully.
RESOLUI10NNO.I97-79
Resolution to Proceed
witb tbe Issuance and Sale of
Iodustrial Development Revenue
Bonds Series 1979 (Dubuque
Supply Co. Project)
in tbe aggregate principal
amount of $410,000
WHEREAS, tbe City of Dubuque,
Iowa, in the County of Dubuque, State
of Iowa (the "Issuer") is an incorporated
municipallty authorized and empowered
by the provisions of Chapter 419 of tbe
Code of Iowa, 1979, as amended (tbe
"Act") to issue revenue bonds for tbe
purpose of financing tbe cost of acquir-
ing, by constructioo or purchase, land,
337
Regular Session, August 6, 1979
buildings and equipment, or any inter-
est therein, suitable for tbe use of any
industry or industries for the manufac-
turing, processing or assembling of aoy
agricultural or manufactured products
or of any commercial enterprise en-
gaged in storing, warebousing or distri-
buting products of agriculture, mining
or industry; and
WHEREAS, the Issuer has been
requested by Dubuque Supply Co, (the
"Company"), an Iowa corporation, to
issue its industrial development reve-
nue bonds to finance in part the
company's acquisition by purchase of
land, bullding, improvements and
equipment (tbe "Project") suitable for
use by the Company as ao industrial
facility, to be located within the corpor-
ate boundaries of the Issuer, whicb will
employ substantial numbers of people
from and near the Issuer with the
resulting increased employment, sub-
stantial payrolls and other public bene-
fits flowing tberefrom; and
WHEREAS, it is proposed to finance
the cost of the Project through the
issuance of Industrial Development
Revenue Bonds, Series 1979 (Dubuque
Supply Co. Project) of the Issuer in ao
aggregate principal amouot of $410,000
(the "Bonds") and to loan said amount to
the Company under a Loan Agreement
betweeo the Issuer and tbe Company,
the obligation of whicb will be sufficient
to pay the principal of and interest and
redemption premium, if any, 00 the
Bonds, as and when the same sball be
due; and
WHEREAS, notice of intention to
issue Bonds has, as directed by tbe City
Council of the Issuer, been duly given in
compliance with the Act; and
WHEREAS, a public bearing has
beeo beld on the proposal to issue tbe
Bonds at the time aod place as specified
in srod notice and all objections or other
comments relating to the issuance of the
Bonds have been heard;
NOW THEREFORE, BE IT RESOL-
VED by tbe City Council of Dubuque,
Iowa, as follows:
Section 1, It is hereby determined it
is necessary and ad1!isable thot the
Is"""r proceed with the issuance and
sole of the BrrnJ¡¡ a;¡ authorized and
permitted I>y the Act to ft'ruLnce the cost
of the Project, and snch actions uill I>e
toIeen I>y the Issuer a;¡ may I>e required
pursuant to the provisions of the Act to
authorize, issue and sell the Boruls.
Section 2. The Issuer will enter into
nil agreerrænts necessary to be entered
into by the Issuer in connection with the
issuance and sale of the BrrnJ¡¡, 'J7¡e
City Attorney sholl appro1!e oll agree-
rrænts to I>e entered into in connection
with the issuance of the Bonds and such
a,qreerrænts sholl be authorized ami
appro1!ed after due consideration by
this Council prior to their executÙm I>y
the Issuer.
Section 3. The Mayor, the City Clerk
and the City Attorney are herel>y
authorized and directed to do any and
nil things deemed necessary in order to
effect the accomplishrrænt of the Project
and the issuance and sole of the Boruls.
Section 4. All resolutions and ¡Jarts
thereof in conflict herewith are hereby
repeoled to the extent of such conflict.
Section 5. This Resolution sholl
become effecti1!e imrrædiately upon its
f'W'sage aru1 appro1!al.
Passed and approved this 6th day of
August, 1979.
Richard Wertzberger
Mayor
ATTEST:
Leo F. Frommelt
City Clerk
(Seal)
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wert,herger, Council
Members Brady, Farrell, King.
Nays-None.
Abstron-Council Member Tully.
Proof of Publication, certified to by
the Publisher, of Notice to consider
granting a Revocable Permit to the
Dubuque Historical Society to operate a
museum at the Burlington Northern
Freight House, presented and read.
No written objections were fiied and
no oral objectors were present in the
Council Chambers at the time for the
hearing. Council Member Tully moved
that the proof of publication be received
and filed, Seconded by Couocil Member
Farrell. CaITied by the following vote:
Yeas-Mayor Wert,herger, Council
Members Brady. Farrell, King, Tully.
Nays-None.
REsow'nONNO.I98-79
WHEREAS, pursuant to the Resolu-
tion and published notice of lime and
place of hearing, published in tbe
Telegraph-Herald, a newspaper of
geoeral circulation published in tbe City
of Dubuque, Iowa on July 20, 1979, the
City Council of the City of Dubuque,
Iowa met on tbe 6th day of August,
1979 at 7:30 o'clock P.M. (CDT) in the
City Council Chambers, City nail,
Dubuque, Iowa to consider the proposal
Regular Session, August 6, 1979
338
of granting a Revocable Permit to the
DUBUQUE HISTORICAL SOCIETY to
operate and mrontron an historical
museum in the building koown as the
Burlington Nortbern Freight House
located on real est.tte de"'ribed '"
Lot A of Rloá n in the City of
IJub,"tll( Iowa anr! which facility
parlially encroaches upon thl' public
right-of-way: and
WfIFREAo. the City roundl of the
City of Duhuque, Iowa overruled any
and all ohjl'ctions, oral or writtl'n, to
the proposal to g1'ant a Rl'vocable
Permit to the DUBUQUE HISTORI-
CAL SOCII<:TY:
NOW TIIFIŒ"ORE IŒ IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUm IQU¡';, lOW A:
Section 1. That the qrœntin,lJ I!t' a
UevocalJle Permit "y the City 'If Dul>u-
'Iue, I"'m to the DUBUQ[!E HISTORI-
CAL SOCŒTY to o1'e1'((.te ami mm'ntlu'n
nn I"st,n-i('(" mn.seam i." the ImihUng
¡'""'O"' ILS the Burlington Northern
F'reiqht House located 1m the herein-
obo('1' dR",;l>ed rei" estate, which
jiU'ility pmtri,lly encTU/U'hl's npo", the
truhlic right-or""g be amI the same is
herelJy appro'oed awi said /lePll('able
Permit is herelJy granted to the
lJ[ TBl/QUE HIS7'(iIlICAL SOCIE1Y
upon tin ,'",ulitrim thnt itretai." and U$e
,<Iu'd t'acilitg at nil lirr,,"., ILS an historind
m,weum; ami up"" failure to use SIu'd
IIU'ility t'or a1/ histm'ical mu.,eum saiil
Pl'rmÙ ~!udl be revo/ced and nny and all
,ilter,sts tli""ei" s!wll n'vect to the City
"I DulJlUl"e, loux¡.
Passed, approved ¡lid adopted this
6th day of August, 1979.
Riehard Wl'l1hbergl'r
Mayor
ThomasA. Tully,Jr,
D. Michael KinK
.fames K Brady
Carolyn ;',"'Cell
Council Memhers
A'ITEST:
Leo F, Frommelt
City Clerk
Cowlcil Memher Tully moved adop-
tion of the R<osolution. Seconded bv
Council Ml'mbl'r Farrell Carried by
the following vote,
Ye,"< - Mayor Werthberger, Council
Members Brady, Farrell. King, Tully.
Nays-None.
Proof of Publication, certifier! 10 by
the' Publisher. of Nollee of Public
!learinK on the vueation and sail' of
Aspen Stct'Ot, presented and read,
No writt,," objections wec<' fill'd anr!
no oral objectors wen' present in thl'
Council Chambers at the lime set for
hearing.
Council Member Farrell moved that
the proof of publication be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell. King, Tully.
Nays-None,
ORDIANCE NO. 48-79
AN ORDINANCE VACATING ASPEN
STREET SOUTHERLY FROM ITS
INTERSECTION WITH VALLEY
STREET, said Ordinance having been
previously presented and read at the
Council Meeting of July 16, 1979,
presented for final adoptioo.
ORDINANCE NO. 48-79
AN ORDINANCE VACATING ASPEN
STREET SOUTHERLY FROM ITS
INTF.RSECTION WITH VALLEY
STREET.
WHEREAS. F. Paul and Janice A.
l.œs, together with Michael and Mari-
lynn McCarron have requested the
vaeation of Aspen Street southerly from
its intersection with Valley Street, in
the City of Dubuque, Iowa, and
WJIFI3.EAS, Shive-Hattery and
Associates has prepared and submitted
to the City Council a plat showing the
vacated street and assigned lot numbers
thereto, aod which shrol hereafter be
known and described as lot 23-A in Oak
Grove Addition in the City of Dubuque,
Jowa. and
WIII<:REAS, the City Council of
Dubuque, Iowa has determined that
this street is no longer required for
public use and the vacation of srod
I street koown as lot 23-A in Oak Grove
I Additioo in the City of Dubuque, Iowa
should be approved.
I NOW TREREFORE, BE I'l' OR-
DAINED BY THE CITY COUNCiL OF'
TIIF CITY OF DUBUQUE. lOW A:
Section 1. That said real estate de-
",,'il>ed as ¡"t 28-A in Oax Grove
,4d<iit"01 in VuI>'Uque. IO100 be and the
,same is hereby """aiI'd.
Section 2. That the Cd"l Clerk /w arui
he iH herel>u authorized dnd directed 10
,'uaBe Natic~ of intent to diHpose oi' said
real estate deser/bed lUi lot 28-A "" Oak
Grove Ailiiit"O1.
Section 3. 1Jwt the of
"Úd lot 10 F, Paal and .Janice Doe.,
¡oilltly 1eith Michlwl "1/d Marilyn" Mc-
Carrm, /w "wi the Hame is !,"reb"
oPl'l'Oeed IIpln¡ of $IOOO,OÔ,
u"d "POll p"blieat/cO1 "nd
/I/illgJ"'"
Passed, approved and adopted this
6th day of August, 1979.
339
Regular Session, Angust 6, 1979
Regular Session, August 6,1979
340
Ricbard Wertzberger
Mayor
Thomas A. Tlily, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 10th day of
August, 1979.
LeoF. Frommelt
City Clerk
It 8/10
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzbergre, Council
Members Brady, FaITell, King, Tully.
Nays-None.
RESOLUI10N NO. 199-79
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, publisbed in the Telegrapb-
Herald, a newspaper of general circula-
tion published in the City of Dubuque,
Iowa on July 20, 1979, the City Councll
of the City of Dubuque, Iowa met on the
6tb day of August, 1979 at 7:30 o'clock
P.M. (Cill) in tbe City Council Cham-
bers, City Hall, Dubuque, Iowa to
consider the proposal to dispose of
interest of the City of Dubuque, Iowa in
real estate hereinafter described, to F.
PAUL LOES and JANICE A. LOES
and MlCHAEL McCARRON and
MARILYN McCARRON; and
WHEREAS, the City Councll of the
City of Dubuque, Iowa, oveITules any
and all objections, oral or written, to
the proposal to dispose of interest of the
City of Dubuque, Iowa in the berein-
after described real estate to F. PAUL
LOES and JANICE A. LOES, and
MlCHAEL McCARRON and MARILYN
McCARRON;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of in-
terest of the City of Dubuque, Iowa in
the real estate known Wi Aspen Street
southerly from its intersection with
Valky Streel and platted and more fully
descril>ed (J}¡:
Lot 28-A in Oaf, Grove Addition in lhe
City of Dubuque, Iowa
to F. PAUL LOES and JANICE A.
LOES and MICHAEL McCARRON and
MAl/lLYN McCARRON be and the
sarræ is hereby approved for the total
purclw.se price of One Thousand ami
no/l00 ($1000.00)Dollars, plus publica-
tÙm and fihng fees, that conveyance
sholl I>e by Quit Claim Deed, and no 01>-
stract win be furnished, and City of
Dubuque, Iowa retains and reserves to
itself perpetual easerrænt rights for
utilities located therein and right of
ingress and egress to repair and main-
tain the sarræ.
Section 2, That the City Clerk be and
he is hereby directed and authorized to
deliver Deed of Conveyance conveYIng
the above described real estate to F.
PAUL LOES and JANICE A. LOES
ami MICHAFL McCARRON and
MARILYN McCarron U[KJU receipt of
the purclw.se price Infull.
Section 3, That the City C/R.rk be and
he is herel>y authorized and directed to
record a certified corrY of this Resolu-
tion in the offices of the Dubuque
County Recorder, the Dul>uque County
Auditor and the City Assessor.
Passed, approved and adopted tbis
6th day of August, 1979.
Ricbard Wertzberger
Mayor
Thomas A. 'l'lily, Jr.
D. Michael Kiog
James E. Brady
Carolyn Farrell
Council Members
received aod filed at two meetings prior
to the meeting when final action is
takeo, be dispensed with. Seconded by
Council Memher Tully. Carried by the
following vote:
Yeas -Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO, 49-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, lOW A, PROVIDING
TIlAT TIlE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA BE
AMENDED BY REPEAUNG SEC-
TION 25-197 TIIEREOF AND ENACT-
ING A NEW SECTION 25-197 IN LIEU
TIlEREOF PROVIDING FOR LIMITA-
TIONS ON OVERTAKING ON TIlE
LEFT GENERALLY.
NOW THERE~-ORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
'l'HE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
nances of the City of Du6uque, Iowa be
and the sarræ is hereby arrænded by
repealing Section 25-197 thereof and
er=ting a new Section 25-197 In lieu
thereof to read Wi follows:
Section 25-197. Limitations on over-
taking on the left generally.
Except on one-way streets, no vehi-
ck sholl I>e driven to the left side of
the center of the roadway in overtok-
,ng and pWising another vehick pro-
ceedIng In the sarræ direction unless
sw:h kft side is clearly visible and is
free of O'f/Æoming traffic for a sufficient
distance ahead to permit such over-
toiang and pasSIng to be compktely
mode without ,nterfering with the safe
operation of any vehick approachIng
¡rom the &pposite direction or any
vehick overtaken. In every event the
overtoIâng vehicle must return to the
right-hand side of the roadway before
coming within one hundred (lOO)feet
of any vehicle approachIng from the
opposite direction. "
Section 2. Tho}; oll ordinance or parts
of ordinances in conflict with this ordi-
nance be and they are herel>y repealed.
Passed, approved and adopted this 6th
day of August, 1979.
Ricbard Wertzber~er
Mayor
Thomas A. Tlily, Jr.
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, Couocil
Members Brady, FaITell, King, Tully.
Nays-None.
ORDINANCE NO. 49-79
AN ORDINANCE OF TIlE CITY OF
DUBUQ'Æ, IOWA, PROVIDING
TIlAT TIlE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA BE
AMENDED BY REPEALING SEC-
TION 25-197 TIIEREOF AND ENACT-
ING A NEW SECTION 25-197 IN LIEU
TIlEREOF PROVIDING FOR LIMITA-
TIONS ON OVERTAKING ON TIlE
LEFT GENERALLY, presented and
read.
Councll Member Farrell moved tbat
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Tully. CaITied
by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Farrell moved that
the rule requiring an Ordinance to be
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 10th day of
Aub'Ust, 1979.
Leo F. Frommelt
City Clerk
It 8/10
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Transit System
requesting adoption of a technical
amendment to provide for addition
assistance in the originro grant appll-
cation, presented aod read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLU110NNO.200-79
Resolution AuthorizIng the Filing of an
Amendment to an Application with the
Department of Transportation, United
States of America, for a Grant under
the Urban Mass Transportation Act of
1964, as Amended.
WHEREAS, the Secretary of Tran-
sportation is authorized to make grants
for mass transportation projects;
WHEREAS, the contract for financial
assistance will impose certrun obliga-
tions upon tbe applicant, including tbe
provision by it of the local share of
project costs;
WHEREAS, it is required by the
U.S. Department of Transportation in
accord witb the provisions of Title VI of
the Civil Rigbts Act of 1964, that in
connection with the filing of an amend-
ment to an appllcation for assistance
under the Urban Mass Transportation
Act of 1964, as Amended, the applicant
give an assurance that it will comply
witb Title VI of the Civil Rigbts Act of
1964 and the U.S. Department of
Transportation reqnirements there-
under; and
WHEREAS, it is the goal of the
Applicant that minority business enter-
prise be utilized to the fullest extent
possible in connection with this pro-
ject, and that definitive procedures
shall be established and administered to
ensure tbat minority businesses shall
have the maximum feasible opportunity
to compete for contracts when procur-
ing construction contracts, supplies,
eqnipment contracts, or consultant and
other services:
Regular Session, Angust 6,1979
I
they be directed to report back to
Council. Seconded by Mayor Wertz-
berger. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Dock Board re-
questing permission to address the
Council relative to progress of the
Cargill negotiations and 4th St. Penin-
sula was presented.
Council Member Farrell moved to
suspend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Brady.
CaITied by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Dock Commissioner Wm. Conzett
spoke to the communication requesting
Council publish notice advising rol in-
terested parties to submit, in writing,
witbin 21 days from today's date,
ultimate use of property (petrillds
Park), a site plan, anticipated employ-
ment and nature of business. Notice
roso to include that property will be
rented for $200,000. on a 5 year term
with payment to be in advaoce.
Council Member Tully moved that the
City Clerk be directed to publish notice
that Petrakis park be for lease with no
dollar amount and be set for first
meeting in September. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Claude March, representing Fischer
Investmeot Companies, advised they
have arrived at a price of $31,950. to
purchase the section of Tower Street
from Wall St. to 6tb St. and the Alley in
Block 25 aod an additional $18,050
which would be prod toward the assess-
ment for grading and paving of Bell
Street: Of opinioo that price of
$100,000. was exceedingly high; Cargill
will spend approx. 2 million dollars in
installation. He informed Council this
offer is contingent upon tbe Fischer
Investment Company being able to
successfully complete a long term lease
with Cargill Inc. of Minneapolis,
Minnesota.
Ed Ryan, Chillrman of 4th Street
Study Group spoke' to the Council
stating their recommendation was to
develop trackage curve to allow larger
cars; Solutioo must be found to develop
trackage curve; Would need lease from
Fischer Companies to develop trackage
curve.
Mr. Dave Shimke of Cargill Inc. was
of opinion that issue of Tower Street
342
Regular Session, August 6,1979
341
must be resolved; Price is as far as they
can go with Fischer: Business is es-
sentially a truck movement.
Dave Strom of Fischer Co. assumed
that 2 million dollars is all taxable;
$4.00 per sq. ft. for land is higher than
any other land in Iowa; Most is in
neighborhood of .50 per sq. ft.;
$100,000. is beyond level of fillrness;
Request cooperation and urged accep-
tanceoftheiroffer.
Larry Lebning of Pillsbury Co. told
Council as a Renter last year, they prod
the amount of $21,000 in wharfage fees.
Attorney Robert Bertsch represent-
ing Continental Grillo recommended
Fischer Companies and Pickett's wbarf-
age be free: Cooti Carriers presently
pays $3500 per acre; Vacation of Tower
Street would place Conti grron at a
competitive disadvantage; Requested
Council not make a judgment tonight;
Permit competitive firms to consider.
Joe Pickett addressed the Counell
voicing objections to closing Tower
Street and informed Council of his need
for Tower Street.
Council Member Tully moved to lease
Tower St. & Alley for full wharfage at
the going rate per square foot.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Council Members Brady, King,
Tully.
Nays-Mayor Wertzberger, Council
Member Farrell.
Council Member Tully requested City
not to jeopardize future revenues for
the City.
Petition of Nellie Link, 2845 Jackson
St., requesting pilloting of curbs on tbe
west side of Jackson St" presented and
read.
Council Member Brady moved that
the petition be received and filed and
request denied at this time. Seconded
by Council Member Tully. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Wroter P. Becker et ro (14
signers) requesting that David Wick be
instructed to move his fence off the
easement property and reduce heigbt to
30" to conform to the Building Code,
presented and read.
Atty. Paul Fitzsimmons addressed
the Council on behalf of Mr. Wick.
Council Member Farrell moved that
the petition be received and filed and
refeITed to City Manager. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that tbe
communication be received and filed
and Mayor Wertzberger directed to
submit request for public hearing to be
held in Dubuque. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members Brady, FaIT<,Il, King, Tully.
Nays-None,
Communication of City Manager
Gearhart requesting approval to sign
DOT Primary Road Extension Milln-
tenanee Agreement from July 1, 1979 to
June 30, 1980 in the amount of $6,402.,
preseoted and read.
Council Member Tully moved tbat tbe
request be approved and City Manager
authorized to sign. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Council Momber Brady further moved
tbat City Staff submit a letter to the
DOT requesting that 5tb St. be con-
sidered part of a Primary Road.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Dock Commission
submitting a sublease and agreement
between Conti Carriers & Dubuque
Barge & Fleeting Co" requesting re-
view and proper action, presented and
read.
Council Member Tully moved that the
communicatioo be referred to Corporate
Counsel. Seconded by Mayor Wertz-
berger. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Kiog, Tully.
Nays-None.
Petition of Holt International Trucks
Inc. requesting assistance to acquire
snitable land for tbe expansion of their
business, presented and read.
Council Member Tully moved that the
petition be refeITed to tbe Dock Com-
mission for appropriate action and they
be directed to report back to Council.
Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couocil
Members Brady, FaITell, King, Tully.
Nays-None.
Communication of Agri Industries in-
dicating an interest in the purchase of
Petrillds Park to complement tbeir
present faellity and requesting furtber
direction, preseoted and read.
Conncil Member Tully moved tbat tbe
communication be refeITed to tbe Dock
Commission for appropriate actioo and
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Mayor of the City
of Dul>uque is authorized to execute and
file an arrærulrrænt to an application on
behalf of the City of Dubuque with the
US. Departrrænt of Transportatian, to
aid in the financÙ¡g of operating assis-
tance projects pursoont to Section 5 of
the Urban MWiS Transportation Act of
1964, Wi arrænded.
Section 2. That the Mayor of the City
of Dubuque is authorized to execute and
file with such an arrændrrænt to an
application an WiSurance or any other
docurrænt required by the U.S, Dupart-
rrænt of Transportation effectvnting the
purposes of Title VI of the Civil Rights
Act of 1964.
Section 3. That WiUiam Kohler,
1'ransit Manager, is authorized to
furnish such additiO'lWl information Wi
the US, Departrrænt of Transportation
=y require in connection with the
application or the project.
Section 4, That the Mayor of the City
of Dubuque is authorized to set forth
and execute affirmative mirwrity
6usiness [KJlicies in connection with the
project's procurerrænt needs.
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grœnt contrMt agreerrænts on I>ehalf of
the City of Dubuque with the US.
Departrrænt of Transportation for aid in
the fi1llJ:nCing of the operating Wisistance
projects.
Passed, approved and adopted this
6th day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael 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 tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Dubuque Transit
Board reqnestiog tbe Counell to ask
Iowa's Congressional delegation to bold
a public bearing in Eastern Iowa
(Dubuque) relative to adoption of Sec-
tion 504 of the Federal Rebabilitation
Act of 1973, more particularly to rebuild
tbe systems to help tbe bandicapped,
presented and read.
343
Regular Session, August 6, 1979
Petition of Linda DeGree requesting
permission to conduct CROP Hunger
Walk 00 Sunday, September 30, 1979,
presented and read.
Council Member Tully moved tbat tbe
petition be approved and referred to
City Manager for final implementation.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Polly O'Connor et al (18
Signers) requesting reconsideration of
Ordioance No. 18'/2 regarding the
transportation of radioactive materials,
presented and read.
Council Member Brady moved to
reconsider Ordinance No. 18'12. Se-
conded by Councll Member Farrell.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas-Council Members Brady, Far-
rell.
Nays-Mayor Wertzberger, Council
Members King, Tully.
MOTION FAILED.
Council Member King moved tbat the
petition of Polly O'Connor et aI be
received and filed. Seconded by Council
Member FaITe11. Carried by the
following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Josepb D. Vogt requesting
purcbase of city-owned property below
Gay St. Park and to tbe rear of bis
property fronting on Kane Street,
presented and read.
Council Member Tully moved tbat tbe
petition be refeITed to tbe City Man-
ager and Staff. Seconded by ('-Ouncil
~~~ber Kiog. Carried by tbe following!
Yeas-Mayor Wertzberger, Council
Members Brady, FaITell, King, Tully.
Nays-None.
Petition of St. Antbony Messenger
requesting permission to solicit sub-
scriptions to their magazine, presented
and read.
Council Member Tully moved that the
petition be granted. Seconded by
Mayor Wertzberger. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Elizabetb Neilson et al (58
signers) requesting a five ton load llmit
posting on all of Crescent Ridge, also
request of Dr. W. Neumeister to
address the Council on tbe subject,
presented and read.
Dr. Neumeister addressed the Coun-
ell being of the opinion tbat trucks
sbould go to nearest road accessible to
Highway; Rock quarry is tbe greatest
offender; Advised quarry users should
use County Roads.
A Representative of Cedar Cross
Distributing Co. felt it was wrong to
impose a 5 ton load limit on Industrial
Road.
AI Polsean of 1335 Crescent Road
advised be had talked to the County
Supervisors about load limit; Railroad
Bridge is also in need of reprors.
Atty. Bob Bertsch, representing
Dubuque Sand & Gravel Co. requested
no immediate limit on the road.
Harold Winders of 3640 Crescent
Ridge requested 5 ton load limit be
established on Crescent Ridge.
Council Member Tully moved tbat tbe
petition of EIi"beth Neilson et al be
refeITed to the City Manager and
Traffic Dept. for a report back at tbe
first Council meeting in September.
Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
COUNCfL RECESSED AT 9:55 P.M.
RECONVENED
IN REGULAR SESSION
AT 10:04 P.M.
Petition of A-OK Yellow Cab Co. Inc.
requesting an increase of cab fare rates,
presented and read.
Jeanette Luerkens, owner of Cab Co"
spoke to tbe petition requesting a .20
flag drop increase and a .25 surcharge
be added.
Council Member Tully moved that tbe
petition of A-OK Yellow Cab Co. Ioc. be
refeITed to tbe City Manager for
investigation and report. Seconded by
Conncil Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Public Works Di-
rector requesting Corporate Counsel
and bimself to address tbe Council as to
status of suit filed by the Federal
Gevernment agronst tbe City, presented
and read.
Corporate Counsel Russo advised that
City bas counter claims against tbe
Uoited States and State of Iowa;
City Manager Gearbart be requested to
seek an expert as a witness; Advised
Dr. Bacon & Mr. Wang hired for
consulting have been supported by all
technical people; Formal cooference has
been beld in Kansas City; Have
developed higbly specialized team; City
now at a position to bave cooference
Regular Session, August 6, 1979
I
witb Dr. Bacon to explain to the City;
Are now in process of preparing a
Coosent Decree; Questioned If we do or
we do not agree to pay a penalty.
Corporate Counsel requested a Work
Session be set for August 14 for
discussion. Council Member Tully
moved that the communication of Public
Works Director be referred to the City
Manager to schedule a Work Session on
August 14, 1979 at 4:30 P.M. in the
Council Chambers. Seconded by Coun-
cil Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petitioo of John P. Kramer request-
ing diversion of a storm sewer which
drillns all of Pego Court onto his front
yard, presented and read.
Council Member Tully moved that the
petition be r,efcITed to the City Mana-
ger and Engineering Department.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLU110NNO.201-79
Endorsing a Resolution of tbe League of
Iowa Municipalities
WHEREAS, the Resolutioos Com-
mittee of the League of Iowa Municipro-
ities under date of July 13, 1979
adopted a resolution for transmittal to
the Iowa Congressional Delegation to
oppose the convening of a constitution
convention to propose a broanced bud-
get amendment; and
WHEREAS, the resolution is to be
presented to members of the League of
Iowa Municipalities at their annual
meeting in September for their con-
sideration and adoption;
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thot the City Council of
the city of Dul>uque endorses the
¡>ru[KJsed resolution attæhed hereto of
the Lea¡¡ue of 10UVl MunicipoJ.ities;
Section 2. 11¡at the City Clerk is
hereby authorized and directed to for-
":am a co¡ry of this resolution to the
!,ea¡rue of IoUVl Municipalities at Des
Moines, Iowa.
Passed, approved and adopted this
6th day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael Kiog
344
Carolyn FaITell
Council Members
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, Couocil
Members Farrell, King, Tully.
Nays-Council Member Brady.
Petition of West Dubuque Jaycees re-
questing permission to close 2nd Street
between Locust & Main on Sept. 8 to
conduct All State Bath Tub Race,
presented and read.
Mr. John Bradley spoke to the
petition.
Council Member Tully moved that the
request be granted and referred to the
City Manager for Implementation.
Seconded by Council Member King.
CaITied by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Clarence Wiederhold et ro
(35 siguers) objecting to loud and
boisterous operation at the Golden
Pbeasant Tavern at 2620 University
Ave. and requesting police protection,
presented and read.
Council Member King moved that the
petition be received aod filed and
referred to the City Manager for
investigation and directed to report
back at next Council Meeting. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager re-
commending acceptance of 5 Flags Civic
Center wbich has been completed ac-
cording to specs., presented and read.
Council Member Tully moved that tbe
communication be received and filed.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Wm. Woodward, Member of 5 Flags
Executive Committee, addressed tbe
Council advising their committee had
met last Thursday aod voted them-
selves out of existence due to the
completion of the Civic Center.
RESOLUI10N NO. 202-79
FINAL ESTIMATE
WHEREAS, the cootract for the Five
Flags Civic Center has been completed
and the City Engineer has submitted his
346
Regular Session, August 6, 1979
Regular Session, August 6, 1979
345
hold in abeyance any action 00 the 32nd
street viaduct until more definite in-
formation is avrolable, presented and
read.
Mr. Wroter A. Pregler spoke in
behillf of the Dubuque Transit Trustee
Board by stating that the viaduct has
many negative safety factors. It also is
an impediment to neighboring busi-
nesses aod requested that the sitnatioo
be refeITed to DMATS with a report
back soon. Mr. Joseph Riebel, Admr.
of Xavier Hospital requested that action
be taken soon. Mr. Wayne Manternach
viewed the whole coITidor as a begin-
ning to a major development. Mr. Don
Deich stated that reconstruction is way
past due and recommended action be
taken soon.
Council Member Tully moved that the
communication be received and filed
and refeITed to the DMATS group for a
report back to the Council at the
September 4th meeting. Seconded by
Mayor Wertzberger. - Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
A RESOLlYrION approving retruoing
Gilbert D. Chavenelle for special pro-
jects for 1980 Fiscal Year, not to exceed
$20,000 per annum, presented and read.
Don Deicb, Ernest pfeiffer, Richard
Vorwrod, AI Polsean spoke to tbe
proposed Resolution, objectinR to re-
troning Gilbert D. Chavenelle for
various reasons. Council Member
Brady moved to refer the Resolution to
the next Council Meeting and request
the City Manager to submit a recom-
mendation. Seconded by Council Mem-
ber Tully.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas-Council Members Brady,
Tully.
Nays-Mayor Wertzberger, Council
Members Farrell, King.
MOTION FAILED.
Council Member Brady moved that
Council contact Mr. Chavenelle to see if
he is interested in the offer.
MOTION DIED FOR LACK OF A
SECOND. '
C',ouncil Member Tully moved to
amend the resolution to read "That the
City Manager is bereby authorized and
directed to retain Gilbert D. Chavenelle
as a consultant to the City Manager to
rod in the resolving of CUITent legal,
administrative and operational prob-
lems with tbe Wastewater Treatment
Plant and compensation shrol beat the
rate of $10 per hour. This appointment
shall expire upon the resolving of the
current problems or 30 June, 1980,
A RESOLUI10N
ACCEP'l'ING IMPROVEMiEN1'
RESOLUI10NNO.205-79
D. Michael King
James E. Brady
Carolyn FaITell
Council Members
final esthnate showing the cost tbereof
including the cost of estimates, notices,
inspection, and preparing the assess-
ment and plat, now therefore,
BE IT RESOLVED, by tbe City
Council of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $3,542,208,00,
That none of the cost tbereof sball be
assessable upoo private property and
all shall be prod from the sroe of General
Obligation Bonds of tbe City of Dubu-
que.
Passed, adopted and approved this
6th day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn FaITell
Council Members
WHEREAS, the contract for the
Replacement of City Hall Windows has
been completed and the City Maoager
has examined the work and filed bis
certificate stating that the same has
been completed according to the terms
of the contract, plans and specifications
aod recommends its acceptance, now'
therefore,
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Secooded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager re-
commending acceptance of City Hall
Window Project, presented and read.
Council Member FaITell moved that
the communicatioo be received and
filed. Secooded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, FaITell, King.
Nays-None.
Abstron-Council Member Tully.
BE IT RESOLVED, by the City
Council of the City of Dubuque, that the
recommendation of tbe City Manager be
approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contract from
EDA Local Public Works Projects Fund
in amount equal to the amount of his
contract, less any retruoed percentage
provided for therein.
Passed, adopted and approved this
6th day of August, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resoiution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None,
ARESOLUI10N
ACCEP'l'ING IMPROVFMEN1'
RESOLUI10NNO, 204-79
(FINAL ESTIMATE)
WHEREAS, the contract for the
Replacement of City Hall Windows has
been completed and tbe City Engineer
has submitted bis final estimate show-
ing the cost thereof including the cost of
estimates, notices, inspection, aod pre-
paring the assessment and plat, now
therefore,
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abstruo-Council Member 'fully.
Communication of Flexsteel Indus-
tries Inc. relative to a proposal for
removal of the railroad bridge at 32nd
Street by lowering tbe street and being
supportive of the idea if a 25 foot curb
cut is provided without assessment
expense, presented and read.
Communication of Dubuque Transit
Board requesting permission to speak
on the Peru Viaduct proposro, pre-
sented and read.
Communication of UAW Local 94
urging the City to take over the Peru
Road viaduct and build a suitable
crossiog, presented and read.
Petition of Xavier Hospital by Joseph
Riebel, Adnn. requesting to be heard
on tbe Peru Road Viaduct subject,
presented and read.
Communication of Public Works
Director recommending that the Counell
RESOLUI10N NO. 203-79
WHEREAS, tbe contract for the Five
Flags Civic Center has been completed
and the City Manager bas examined tbe
work and filed bis certificate stating
that the same bas been completed
according to the terms of tbe contract,
plans and specification and recommends
its acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of srod improvement is
hereby determined to be $14,091.00;
That none of the cost thereof shall be
assessable upoo private property and
all shall be prod from the EDA Local
Publlc Works Projects Fund of the City
of Dubuque.
Passed, adopted and approved tbis
6th day of August, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
BE IT RESOLVED, by the City
Council of tbe City of Dubuque that the
recommendation of the City Manager be
approved and srod improvement be and
the same is hereby accepted.
BE IT FURTHER RESOLVED, that
tbe City Treasurer be and he is bereby
directed to pay tbe contractor from
the funds to be reallzed from the sale of
General Obligation Bonds issued upon
the above described improvement in
amount equal to the amount of his
contract, less any retained percentage
provided for therin.
Passed, adopted and approved this
6th day of August, 1979.
Ricbard Wertzberger
Mayor
Thomas A. Tully, Jr.
A1'TES'l':
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady., Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abstain-Council Member Tully.
347
Regular Session, August 6, 1979
wbicbever comes first". 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.
RESOLUI10NNO.206-79
UeWning Gilbert D. Cbavenelle for
Special Projects.
BE IT HEREBY RESOLVED BY
THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the City Manager is hereby
authorized and directed to retain Gil-
bert D. Chavenelle for the fiscal year
1980, or at his convenience, to assist the
City Manager in the pursuit of tbe
Wastewater Treatment Plant or such
otber projects so designated by tbe City
Manager, at a salary not to exceed
$20,000 per annum.
Passed, adopted and approved this
6th day of August 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael King
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member King moved adop-
tion of the Resolution as amended. Se-
conded by Couocil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
Communication of City Manager re-
commending approval of City con-
currence and assistance in staging the
secood annual Dubuque Benefit Classic
Marathon Run on Labor Day sponsored
by Dubuque Bank & Trust Co. aod
Mississippi Valley Running Assoc" pre-
sented and read. Council Member Tully
moved tbat tbe recommendation be
approved subject to implementation of
the City Maoager. Seconded by Couocil
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certified to by
tbe Publisber, of Notice to Bidders of
Traffic Signals on J.F.K. Road, pre-
sented and read.
Council Member Tully moved tbat 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.
Communicatioo of City Manager re-
commending award of contract to Tri-
State Paving Co. for siguals and street
lighting on J.F.K. Road, presented and
read.
Council Member Tully moved that tbe
communication be received and filed.
Seconded by Council Member Farrell.
CaITied by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
( Awarding Contract)
ItFSOLUI10NNO.2O7-79
WHEREAS, sealed proposals have
been submitted by contractors for the
construction of John F. Kennedy Road -
Traffic Signals and Street Lighting from
Pennsylvania Avenue to Asbury Road
pursuant to Resolution No. 129-79 aod
ootice to bidders published in a news-
paper published in srod City on July 5,
1979 and July 12, 1979, and
WHEREAS, srod sealed proposals
were opened and read 00 July 17, 1979,
and it has been determined that tbe bid
of Tri-State Paving Division of Dubuque
Stone Products Company of Dubuque,
Iowa in tbe amount of $264,307.50 was
the lowest bid for the furnisbing of all
labor aod materials and performing tbe
work as provided for in the plans and
specifications; now therefore,
BE IT RESOLVED by tbe City
Council of the City of Dubuqe tbat tbe
contract for the above meotioned im-
provement be awarded to Tri-State
Paving Division of Dubuque Stone
Products Co. subject to Federal High-
way Administratioo concurrence and
the Manager be and he is bereby
directed to execute a contract on behalf
of tbe City of Dubuque for tbe complete
performance of srod work.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and
the approval of the cootractors bood the
City Treasurer is autborized and in-
structed to return tbe bid deposits of
the unsuccessful bidders.
Passed aod adopted this 6th day of
August, 1979.
Richard Wertzbergcr
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Regular Session, August 6, 1979
348
Carolyn Farrell
Council Memhers
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seeonded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager sub-
mitting a petition of John C. Grot john
for final approval to vacate a portion of
Alta Vista St., 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, Tully.
Nays-None.
Abstain-Council Member King.
RESOLUI10N 208-79
Resolution Approving Plat of Vacated
l'ortion of Alta Vi.iII Street between
William Street and Rosedale Avenue
WHEREAS. there has been present-
ed to the City Council of the City of
Dubuque, Iowa a plat dated May 11,
1979, prepared by Bartels, LeMay,
Hans, Fay and Osborn Engineering
Company, Professionro Engineers and
Land Surveyors, covering a vacated
portion of Alta Vista Street between
William Street and Rosedale Avenue in
the City of Dubuque, Iowa; and
WHEREAS, said plat conforms to the
laws and statutes pertaining thereto;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
TIlE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated May
11, 1979 prepared by Bartek;, LeMay,
Haw;, Fay and Osborn Eng¡rwering
Company, covering the real estate
herein above described, I>e and the
sarræ is hereby a_oved, and that the
Mayor and City ClEric be and they are
herel>y authorized and directed to
e.rccltte said plat for arui on behalf at'
tile City ot'Dul>ru¡u.e, Iowa;
Section 2. That the City Cleric I>e and
is hereby authorized and directed to filE
said plat and certified copy of this
resol'Ution in the office of the Recorder
ilt andfor Dul>uque County, Iowa,
Passed, approved and adopted this
6th day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
James E. Brady
Carolyn Farrell
Council Members
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, Tully.
Nays-None.
Abstron-Council Member King.
AN ORDINANCE vacating a pOltion
of Alta Vista Street between William
Street and Rosedale Avenue, presented
and read.
Council Member Tully moved that the
reading just bad be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, Tully.
Nays-None.
Abstron-Council Member King.
Council Member Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting wben final action is
taken, be dispensed with. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Tuily.
Nays-None.
Abstron-Council Member King.
Council Member Tully moved that a
public hearing be held on tbe Ordinance
on September 4, 1979 at 7:30 o'clock
P.M. in the Council Chamber at the City
IIrol and that the City Clerk be
instructed to publish notice of the
hearing in the mamler required by law.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Tully.
Nays-None.
Abstain-Council Member King.
Communication of Dubuque County
Board of Supervisors submitting peti-
tions from Lonise Bieberman (Janet L.
Heir), Ann Bodish, Blanche Dooovan,
Elsie Lange, Evelyn Mazurek and
Leona Ricken for suspension of taxes on
account of old age or infirmity, preseot-
ed and read.
Council Member Tully moved that the
petitions be approved and City Clerk
authorized to sigu petitions. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, F'arrell, King, Tully.
RESOL1I110N NO. 211-79
349
Regular Session, August 6, 1979
Regular Session, August 6,1979
350
Nays-None.
RESOLUI10NNO.209-79
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
that tbe following having complied with
the provisions of law relating to tbe sale
of Cigarettes within the City of Dubu-
que, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers within
srod City.
Richard & Jeanine Foreman Mobil Unit
R. & S. Enterprises, Inc. 485 Central
Dorothy M, Sbafler 1103 Iowa
Hoffman House Rest" Inc. 3100 Dodge
Passed, adopted and approved this 6tb
day of August, 1979.
Richard Wertzber~er
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn FaITell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded hy
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, FaITell, King, Tully.
Nays-None.
RESOLUI10NNO.2IO-79
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be
occupied by such applicants were in-
spected and found to comply witb the
Ordinances of tbis City and have filed
proper bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa that the Mana-
ger be authorized to cause to be issued
to tbe following named applicants a
Beer Permit.
CLASS "B" BEER PFÆMIT
Kiwanis Club of
Dubuque Westside Brealdast
Petrakis Park
(Also Sunday Silles)
St. Columbkille Cburch 1240 Rusb
(Also Sunday Sales)
Cburch of the Nativity 1225 Alta Vista
(Also Sunday Sales)
Dobuque, Capital Co. 1500 J.F.K. Rd.
(Also Sunday Sales)
CLASS "C" BEER PERMIT
Earl Glenn Corbett 408 W. Locust St.
(Also Sunday Sales)
Passed, adopted and approved this
6th day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
Carolyn FaITeli
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Counell Member Tully moved adop-
tion of tbe Resolution. Seconded by
Mayor Wertzberger. Carried by tbe
foilowing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communicatioo of Airport Commis-
sioo requesting appointment of two
illrport Zoning Commissioners, pre-
sented and read.
Council Member Farrell moved that
the communication be refeITed to Cor-
porate Counsel. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger, Couoell
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Ed Ryan submit-
ting finro results of Ad.Hoc Committee
covering the 4th Street area and Ice
Harbor, presented and read.
Council Member Tully moved that the
communication be received and filed
and refeITed to Council and Dock
Commission. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None
MINUTES SUBMITTED--Board of
Zoning Adjustment of 7-19, Human
Rights Commission of 6-13, Community
Development Commission of 7-10, Elec-
tricro Examining Board of 5-8 & 7-10,
Dobuque Transit Trustee Board of 6-4
& 6-7, Park Board of 6-22, Historic Pre-
servation Commission of 7-10, Planning
& Zoning commission of 6-6, 6-14, 6-20,
6-26 & 7-5, presented and read.
Council Member Tully moved that the
minntes be received and filed. Second-
ed by Council Member King. Carried
by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Five Flags Execu-
tive Committee being pleased with the
activities and staffing of tbe Center and
expressing thanks to the Council, Com-
mission and City Staff for cooperation,
presented and read.
Counell Member Tully moved that the
communication be received and filed.
Seconded by Counell Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Printed Council Proceedings for the
montb of Marcb, 1979, presented for
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Mayor Wertzberger. CaITied by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
A WHEREAS, Applicatious for Li-
quor Licenses have been submitted to
this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be
occupied by such applicaots were in-
spected and found to comply witb the
State Law and all City Ordioances
relevant thereto and tbey have filed
proper bonds;
NOW THEREFORE BE IT RE-
solved, By the City Couocll of tbe City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to tbe
following named applicants a Liquor
License.
CLASS "B" HOO'EL-MOO'EL
BEER & LIQUOR LICENSE
Hoffman House Rest., Inc. 3100 Dodge
(Also Sunday Sales)
CLASS .C" (COMMERCIAL)
BEER & LIQUOR LICENSE
John F, Glynn 760 E. I6tb St.
James J. Klauer 1646 Asbury Road
Imperial Lanes 3505 Stoneman Rd.
(Also Suuday Sales)
Darlene E. Sexton 1602 Central
(Also Sunday Sales)
Passed, adopted and approved tbis
6th day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. 'fully, Jr.
D. Michael King
James E. Brady
Carlyn Farrell
Council Members
Council Approval. Council Member
Tully moved tbat the Council Proceed-
ings be approved as printed. Seconded
by Conncil Member King. Carried by
the following vote:
Yeas-Mayor Wertzberger, Connell
Members Brady, Farrell, King, Tully.
Nays-None.
Communiations of Iowa DEQ submit-
ting construction permits for sewer and
water extensions of Clarke Crest
Estates and Oak Brook Development,
presented and read.
Council Member Tully moved tbat the
communication be received and filed.
Seconded by Counell Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Connell
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Iowa DEQ submit-
tiog an executive summary of the
proposed Iowa State Implemeotation
Plan revisions on Clean Alr Act.,
presented and read.
Council Member Tully moved that the
communication be referred to the City
Manager and Health Department.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Iowa DEQ submit-
ting Water Milln Extension construction
permit on Pennsylvania Ave., present-
ed and read. Council Member Tully
moved that the communication be re-
ceived and filed. Seconded by Counell
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petitions of Sbirley Mibroa!ds reques-
ting refund of $422.50 on unexpired
portion of Liquor License No. LC-4757
and Edna Dague requesting refund of
$422.50 on unexpired Beer & Liquor
License No. LCOOl1549, presented and
read. Counell Member Tully moved
tbat the refunds be approved and City
Auditor directed to issue proper war-
rants. Seconded by Connell Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communications of Corporate Counsel
advising of disposition of suit agillnst
the City by Dale S. Newton for injuries
received while incarcerated at no cost to
the City; Recommending denial of car
damage clrom of Mrs. John Rogers, no
negligence on part of the City; Advising
of dismissro by Plantiffs, Pamela & Droe
Lightfoot, as the result of a car accident
351
Regular Session, August 6, 1979
Regular Session, August 6, 1979
at 24th & Jacksoo on 1-1-77: Re-
commending denial of personal injury
clillm of Mrs. Lucille Gindorff, silld
clillm was not timely filed, presented
and read.
Council Member Tully moved tbat tbe
commUlùcations be received and filed
and recommendations of deniills ap-
proved. Seconded by Counell Member
King, Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-Nooe.
NOTICES OF CLAIMS--Edward H.
Krueger, in the amount of $55.00, for
car damage incurred as the result of
driving into an excavation at Clarke
Drive on July 16, 1979; Charles Smith
for expense incurred, in tbe amount of
$40., as the result of ber car being
sprayed witb tar by a City crew at 2496
Pinard St.; Fred J. & Deborah Smith,
in tbe amount of $342.55, for personal
property damage as the result of a
backed-up sanitary sewer at 1960
Winne Ct. on 7-13-79: Kathryn Luher,
in tbe amount of $50., for car damage
incuITed as the result of being struck by
a Bunker Hill Golf ball on 7-23-79 on
Kaufmann Ave.; William Kinseila, in
the amount of $118.47 for expense
incurred as the result of a teunis ball
going tbru tbe window of his home from
Murpby Park temùs court on 6-23-79:
Eugene Rokusek Sr. on behalf of
Eugene Rokusek Jr., in an undeter-
mined amount for personal injuries
received at tbe Flora Park swimming
pool on 7-16-79, presented and read.
Councll Member Tully moved tbat tbe
Notices of Claims be refeITed to Corpor-
ation Counsel for investigation and
report. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King. Tully.
Nays-None.
Original Notice from District Court of
Little Red Hen Inc. & Jobn A. & Esther
M. Link petition on appeal from con-
demnation award praying for damages
in tbe amount of $25,000, on tbe S. 150'
of East 300' of Lot 1 of 2 of Westview
Shopping Center--J.F.K. reconstruc-
'tion: Original Notice from District
Court of Molo Oil Co. petition of appeal
from coodemnation award praying for
damages in tbe amount of $75,000. on
tbe Nortb 216' of North 325' of East 250'
of Lot 1 of 1 of 1 of SE'/. of SE'/. of
SE'/. Sec. 21--- J.F.K. Reconstruction:
Originill Notice from District Court of
Molo Oil Co. petition of appeal from
condemnation award praying for dam-
ages in the amount of $36,000. on the
soutb 109' of North 325' of East 250' of
Lot 1 of 1 of SE'/. of SE'/. Sec. 21 m
J.F.K. reconstruction: Origioal Notice
from District Court of DaMa Corp. Jobn
A. & Esther M. Link, petition of appeal
from condemnation award for damages
in the amount of $30,000. on tbe soutb
225' of North 344.32' of East 300' of Lot
I of Lot 2 of Westview Sbopping Center
Place m J.F.K. reconstruction, pre-
sented and read. Council Member Tully
moved tbat tbe Original Notices be
referred to Corporate Counsel. Second-
ed by Council Member King. CaITied
by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certified to by
tbe Publisher, of List of Receipts and
Expenditures for the month of June,
1979, presented and read.
Council Member Tuily moved that tbe
proof of publication be received and
filed. Seconded by Council Member
Kiog. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
NaysmNone.
Communicatioo of City Manager sub-
mitting reports of tbe City Treasurer,
Finance Director, Water Supt., Health
Dept., also list of drums for mooth of
June, 1979, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Counell Member King.
Carried by tbe foilowing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farreil, King, Tully.
Nays-None.
Notice of Levy and Sale Thorp
Finance Corporation vs. Merl F. Goerdt
d/b/a Goerdt Construction Co., in tbe
amount of $31,614.81, on parts of M.L.
228 and 229 Twp. 89 N., presented aod
read'.
Council Member Tully moved that tbe
Notice of Levy and Sale be referred to
Corporation Counsel. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays---None.
Communication of City Manager sub-
mitting tbe 1979-80 Wage Salary &
Benefit Book, presented and read.
Council Member Tully moved tbat tbe
communication be received and filed
and refeIT€d to Council. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Couocil
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of J-D Land Development
Co. Ltd. requesting street ligbts on
Concord Court in Babcock's Addition,
presented and read.
Council Member Tully moved tbat tbe
petition be refeITed to the City Mana-
ger and Electrical Department.
Seconded by Council Member King,
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Member Brady, Farrell, King, Tully.
Nays-None.
Petition of Plùlip Hird et al (7
signers) requesting permissioo to block
off Carlotta Street to Harvard St. on
Saturday, August 25th, presented and
read. Council Member Tully moved
that the request be approved subject to
implementation of the City Manager.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Hempstead Student
Government Group requestiog permis-
sion to conduct tbeir Homecoming
Parade on October 12, 1979, presented
and read. Council Member Tully moved
tbat tbe request be approved subject to
implementation of the City Manager.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None
Petition of Dubuque Downtown
Ass'n. requesting permission to conduct
Downtown Disco Day on August 10,
1979 under the Town clock, presented
and read. Council Member Tully moved
tbat tbe request be approved subject to
implementation of tbe City Manager.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Kay Kiesel requesting
permission to block off Admirill Street
on August 11th for a block party,
presented and read. Council Member
Tully moved that the request be ap-
proved subject to implementation of the
City Manager. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Kiwanis Club reqnesting
permission to conduct tbeir annuill
peanut sale on September 14, 1979,
presented and read.
I Council Member Tully moved that tbe
request be approved subject to imple-
mentation of the City Manager. Se-
conded by Counell Member King,
Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of John E. Gioter et al (9
signers) requesting installation of a
street light on tbe north end of
Brunswick Street AND Communication
of City Mgr. recommending installation
at tbis location, presented and read.
Council Member Tully moved that the
petition and communication be received
and filed and recommendation of City
Manager approved. Seconded by Coun-
ell Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Patrick DeRick et al (23
signers) requesting permission to closs
Gandolfo Street on September 3rd,
presented and read.
Council Member Tully moved that tbe
request be approved and refeITed to
City Manager for implementation.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None,
Petition of Lois & Doug Pearce et ill
(10 signers) requesting to close Douglas
St., from College to Parkway on August
25th, for a pot Juck, presented and read.
Council Member Tully moved that the
request be approved and refeITed to
City Manager for implementation.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager ad-
vising tbat arrangements have been
made in response to Mr. Adkins on
Miller Road for recovery of bis yard,
presented and read.
Council Member Tully moved that the
communication be received and filed,
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Peoples Naturill
Gas advising of rate increase effective
July 19, 1979, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member King,
Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully,
Nays-None.
Communication of DEQ submitting
rules for tbe disposal of Municipal
sewage sludges for regulation of illliand
disposal of municipal sewage sludge
352
- -
353
Regular Session, August 6, 1979
produced in Iowa, presented and read.
Council Member Tully moved that tbe
commUIÙcation be refeITed to tbe City
Manager and Public Works Director.
Seconded by Council Member King.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
There being no further business,
Council Member Farrell moved to ad-
journ. Seconded by Mayor Wertz-
berger. Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Leo F, Frommelt
City Clerk
1979
1979
Approved
Adopted
Council Members
ATTEST:
City Clerk
354
Special Session, August 20, 1979
CITY COUNCIL
OFFicIAL
Speciill Session, August 20, 1979.
Council Met at 7:30 P.M. (C.D.T)
Present: Mayor Wertzberger, Coun-
ell Members Brady, Farrell, King,
Tully. City Manager W. Kenneth
Gearbart.
Absent: None.
Mayor Wertzberger read the call and
stated tbat service tbereof bad been
duly made and this Meeting is called to
AMEND THE CODE OF OR-
DINANCES, SECTION 12, DEFINING
PRECINCT BOUNDARIES and acting
upon sueb other business as may
properly come before a Regular Meet-
ing of the Council.
Communication of City Manager re-
commending spending, budget amount
for communications equipment to
undertake a study to determine best
use for pagers and/or walkie talkies for
Bnilding Inspectors, presented and
read.
Council Member Tully moved that the
recommendation be approved. Second-
ed by Mayor Wertzberger. Carried by
the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager sub-
mitting an agreement for Federill Aid to
Urban Systems Funding for the widen-
ing of Kennedy Road from Highway 20
to Pennsylvania Ave., presented and
read.
Counell Member Farrell moved tbat
the communication be received and
filed. Seconded by Council Member
Tully. Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Farrell, King, Tully.
Nays-Council Member Brady.
RESOLUI10N 212-79
Resolution Authorizing Execution of an
Agreement Between the City of Dubu-
que, Iowa and the Iowa Department 01
Transportation Providing lor Federal
Aid to Urban Systems Funding on the
Widening 01 John F, Kennedy Road,
Highway 20 to Pennsylvania Avenue.
WHEREAS, Federal Aid to Urban
Systems Funding is avallable for the
widening of John F. Kennedy Road,
Highway 20 to Pennsylvania Avenue,
and
WHEREAS, tbe funding level bas
been establisbed by tbe Surface Tran-
sportation Act of 1978 at 75 % of tbe
total cost, and
WHEREAS, the City of Dubuque is
desirous of obtillrung such funding,
NOW THEREFORE BE IT RE-
SOLVED, that the Mayor and City
Clerk be and they are hereby author-
ized and directed to execute agreement
number 79- F -033 with the Iowa Depart-
ment of Transportation.
Passed, adopted and approved this
20th day of August, 1979,
Ricbard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt, City Cierk
Counell Member Farrell moved adop-
tion of tbe Resolution. Seconded by
Council Member Tully. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
Communication of City Manager re-
commending denial of David Wick
petition and advising that Mr. Wick be
directed to move the fence back to the
property line and bulld fence in accord-
ance witb the Zoning Ordinance, pre-
sented and read.
Council Member Farrell moved to
suspend the rules to let anyone present
address tbe Couoell if they so desire.
Seconded by Council Member King.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Mr.s Bob MiIlius of Becker Court
advised the fence rises higber than 2'6"
on side toward Wahlert High Sehool.
Mr. Walter Becker stated tbat pre-
sent beight will be a problem; Have no
objection to 2'6" fence on Wick's pro-
perty.
Mr. Roger Becker of Becker Ct. was
of opiruon tbis could cause a potential
snow problem.
Atty. Paul ~'itzsimmons, representing
Mr. Wick, could not forsee any traffic
bazard due to present heigbt.
Mr. David Wick told Council fence
was bullt to keep children in their yard.
Council Member Farrell moved that
the commurucation of City Manager be
received and filed and petition be
denied. Seconded by Council Member
Brady. -
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas-Council Members Brady, Far-
Special Session, August 20, 1979
356
Special Session, August 2O, 1979
355
James E. Brady
Carolyn Farrell
Council Members
Yeas-Mayor Wertzber~er, Council
Members Brady, Farrell, King, Tully.
Nays-None.
WHEREAS, tbe tasks for which the
Industrial Land Task Force was or-
ganized bave been completed;
rell.
Nays-Mayor Wertzberger, Council
Member King.
Abstilln-Council Member Tuny.
MOTlONFAlLED.
Council Member Kiog moved tbat the
communication and petition be referred
back to Staff to compromise triangle
and relieve problem of site. Seconded
by Mayor Wertzberger. Carried by the
following vote:
Yeas~Mayor Wertzberger, Council
Members FaITeli, King.
Nays-Council Member Brady.
Abstilln-Council Member Tuliy.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tioo of the Resolution. Seconded by
Council Member King. Carried by tbe
foliowing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farreli, King, Tully.
Nays-None.
ORDINANCE NO, 50-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA BE
AMENDED BY REPEALING SEC-
TIONS 12-20, 12-23, 12-24, 12-32, 12-38,
12-39, 12-40, 12-41, 12-43, 12-44, OF
ARTICLE II OF CHAPTER 12 AND
ENACTING NEW SECTIONS IN LIEU
THEREOF; ALSO ENACTING NEW
SECTIONS 12-45 AND 12-46 TO PRO-
VIDE FOR THE DEFINING OF PRE-
CINCT BOUNDARIES, presented and
read.
Council Member Tuny moved that tbe
reading just had be considered tbe first
reading of tbe Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farren, King, Tully.
Nays-None.
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 dispeosed witb. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 216-79
NOW THEREFORE BY IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Resolution No. 28-78
rulJJpted by the City Council on January
16, 1978 establishing an IndWltriol Land
Tonic Force be and the sarræ is hereby
repealed and the existence of said TWik
Force is hereby terminated.
Passed, approved and adopted tbis
20th day of August, 1979.
Ricbard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farren
City Council Members
WHEREAS, the United States of
America bas instituted legro proceed-
ings in the United States District,
Nortbern District, Eastern Division,
clrorning that the City of Dubuque and
the State of Iowa as joint defendants
have violated tbe permit limitations of
the EPA, srod proceedings seeking
injunctive relief as well as a mooetary
penroty for such violations and seeking
otber relief; and
RESOLUI10NNO, 213-79
WHEREAS, in June, 1976, a Five
Fiags Center Bullding Committee was
establisbed to advise the City of Dubu-
que in tbe development and construc-
tion of tbe Five Fiags Center: and
WHEREAS, this matter was referred
to the Corporation Counsel to assert tbe
appropriate defenses to srod lawsuit:
and
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tuily moved adop-
tion of tbe Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
WHEREAS, at tbe time srod
reference was made to tbe Corporation
Counsel, he orally advised tbe City
Council that he intended to make an
additionro charge for his services as he
could uot conduct the defense of this
lawsuit based upon bis annual salary:
and
WHEREAS, coostruction of tbe Five
Flags Center bas been completed and
tbe tasks for which tbe Five Flags
Center Building Committee was estab-
lisbed have been completed:
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Five Flags Cent-
er Building Committee established in
June, 1976, be and the existence of said
cmnmittee is hereby terminated.
Passed, approved and adopted tbis
20th day of August, 1979.
Ricbard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
City Council Members
WHEREAS, The City Councll of the
City of Dubuque is in agreement that
tbe Corporation Counsel of tbe City of
Dubuque be entitled to be compensated
in addition to his sroary for tbe speciro
work performed in connection with the
wastewater treatment facility litigation:
RESOLUI10NNO.2I5-79
WHEREAS, in January, 1979, an Ad
Hoc Committee was established to in-
vestigate how best tbe Fourtb Street
Harbor Area can be utilized; and
WHEREAS, tbe said committee has
filed its final report and has completed
its assignment:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
TlIE CITY OF DUBUQUE, IOWA:
Section 1. That the C&rporatian
Counsel of the City of Dubuque be and
he is hereby authorized and directed to
bin the City of Du6uque for his office
work, trial preparation, courtroom Œ[J-
pearan,,"s and conferences in connection
with the d£fense on behalf of the City of
Du6uque in connection with the WWite-
water treatment facility litigatian and
that biUing shall be mode upon $50.00
per hour; muJ thai in ruldition to said
biUing, said Corporation Counsel shall
bin an lllMitiowI. œmount for results
achieved in the event tho.t successful
results are obtaÙwd, said arrwunt bmng
negotial>le between C&rporatian Coun-
sel muJ the City Council of the City of
Du6uque, Iowa.
Passed, approved and adopted this
2Otb day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael King
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. ThaJ; the Ad Hoc Commit-
tee for the Fourth Street Area es-
tablished tn January, 1979, be and the
existence of said Committee is hereby
terminated.
Passed, approved and adopted tbis
20th day of August, 1979.
Ricbard Wertzberger
Mayor
Tbomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn Farren
City Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of tbe Resolution. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTlONNO.2I4-79
(OFFICIAL PUBIJCATlON)
ORDINANCE NO. 50-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA BE AMENDED BY REPEAL-
ING SECTION 12-20 OF ARTICLE II
OF CHAPTER 12 THEREOF AND
ENACTING A NEW SECTION 12-20
OF ARTICLE II OF CHAPTER 12 IN
LIEU THEREOF; BY REPEALING
SECTION 12-23 OF ARTICLE II OF
CHAP'l'ER 12 THEREOF AND
ENACTING A NEW SECTION 12-23
OF ARTICLE II OF CHAPTER 12 IN
LIEU THEREOF: BY REPEALING
SECTION 12-24 OF ARTICLE II OF
CHAPTER 12 THEREOF AND
ENACTING A NEW SECTION 12-24
WHEREAS, tbe City Council under
date of January 16, 1978, adopted
Resolution No. 23-78 establishing an
Indnstrial Land Task Force to develop a
workable program to accommodate anti-
cipated industrial and industrial
oriented land use needs for tbe City of
Dubuque; and
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of tbe Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
-
357
Special Session, August 20, 1979
Special Session, Angust 20, 1979
358
OF ARTICLE II OF CHAPTER 12 IN
LIEU THEREOF: BY REPEALING
SECTION 12-32 OF ARTICLE II OF
CHAPTER 12 THEREOF AND
ENACTING A NEW SECTION 12-32
OF ARTICLE II OF CHAPTER 12 IN
LIEU THEREOF: BY REPEALING
SECTION 12-38 OF ARTICLE II OF
CHAPTER 12 AND ENACTING A
NEW SECTION 12-38 IN LIEU
THEREOF; BY REPEALING SEC-
TION 12-39 OF ARTICLE II OF
CHAPTER 12 THEREOF AND
ENACTING A NEW SECTION 12-39
OF ARTICLE II OF CHAPTER 12 IN
LIEU THEREOF: BY REPEALING
SECTION 12-40 OF ARTICLE II OF
CHAPTER 12 THEREOF AND
ENACTING A NEW SECTION 12-40
OF ARTICLE II OF CHAPl'ER 12 IN
LIEU THEREOF: BY REPEALING
SECTION 12-41 OF ARTICLE II OF
CHAPTER 12 THEREOF AND
ENACTING A NEW SECTION 12-41
OF ARTICLE II OF CHAPTER 12 IN
LIEU THEREOF: BY REPEALING
SECTION 12-43 OF ARTICLE II OF
CHAPTER 12 THEREOF AND
ENACTING A NEW SECTION 12-43
OF ARTICLE II OF CHAPTER 12 IN
LIEU THEREOF: BY REPEALING
SECTION 12-44 OF ARTICLE II OF
CHAPTER 12 THEREOF AND
ENACTING A NEW SECTION 12-44
OF ARTICLE II OF CHAPTER 12
IN LIEU THEREOF: BY ENACTING
A NEW SECTION 12-45 OF ARTICLE
II OF CHAPTER 12 AND BY ENACT-
ING A NEW SECTION 12-46 OF
ARTICLE II OF CHAPTER 12; ALL
OF THE FOREGOING PROVIDING
FOR THE DEFINING OF THE
BOUNDARIES OF THE RESPEC-
TIVE PRECINCTS HERETOFORE
MENTIONED.
NOW THEREFORE BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section L That the Cvde of Ordi-
nances of the City of Dubuque, Iowa be
oru1 the same is hereby œm.ended by
repeoling Section 12-20 of Article II of
C/wpter 12 thereof oru1 eno£ting a new
Sectian 12-20 of Article II of C/wpter 12
in tieu thereof Wifol.Wws:
"Sec- 12-20, First Precinct,
(a) Area encompassed. The First
Precinct of the city sholl consist of
that territory bouruled by a line Wi
foUows:
Beginning at the intersectian of the
Milwaukee ReilroOO tra£ks and Fengler
Street, south oru1 eWit along Fengler
Street to Kerper Boulevard, south
along Kerper Boulevard to Ewit Six-
teenth (16th) Street, Ewit along EWit
Sixteenth (16th)Street to the center of
Lake Peosta Channel, rwrtheWit along
Lake Peosta Channel to the intersection
of the Main Channel of the Mississippi
River, which is a [KJÌnt on the 1>0uru1ery
of tha Corporate Limits, rwrth, west
and south along the Corporate Limits to
Highway 52, southeWit along Highway
,52 to the intersection of Highway 52,
with the south line of Section 11, T89N,
R2E, eWit along said line and the south
line of Section 12, T89N, R2E, to the
intersectian of Davis Street oru1 Sheri-
dan RoOO, due North to the south line of
the North Dulruque Subdivision, eWit
along the south line of the North
Dulruque Subdivisian to the Northwest
corner of Prairie Heights Subdivision,
south along the west line of Prairie
Heights Sulidivision to the Southwest
corner of Prairie Heights Sul>division,
Ewit along the south line of Prairie
Heights Subdivision to the eWit line of
Sectian 12, T89N, R2E north along said
Sectian tine to Roosevelt Road, south
and east along Roosevelt RoOO to
Prescott Street, south and west along
Prescott Street to Ascension Street,
southeWit along Ascension Street to
Lincoln Avenue, northeWit along Lin-
coln Avenue to Decatur Street, south-
eWit along Decatur Street to Rlwmberg
Avenue, southwest along Rhomberg
Avenue to Dock Street, southeWit along
Dock Street to the Milwaukee RoilroOO
tro£ks, southwest along said tra£ks to
Ann Street, northwest along Ann
Street to Garfield Avenue, southwest
along Garfield Avenue to Fengler
Street, southeast along Fengwr Street
to the Milwaukee ReilroOO tro£ks, to
the pÚlce of beginning, oli af which is a
[KJri of the JiJighteenth (18th) Legis-
lative District.
(b ) Polling pÚlce. The foUowing
pÚlce is hereby established Wi the
polling pÚlce for the First Precinct of
the city: Marsholi Sehaol, 1450 Rhom-
berg Avenue. "
Section 2. Thet the Code of Ordi-
nances of the City of Ðulraque, Iowa be
oru1 the same is hereby a"",ruled by
repeoling Section 12-23 of Article II of
C/wpter 12 thereof oru1 erW£ting a new
Sectian 12-23 of Article II of Chapter 12
in tieu thereof Wi foUows:
"Sec- 12-23, Fourth Precinct-
(a)Area encompassed. The Fourth
Precinct of the city sholl consist of
that territory bouruled I>y a line Wi
foUows:
Beginning at the intersectian of Pre-
scott Street and Ascension Street,
which is a [KJÌnt on the bouru1ery of the
Third (.l'rd) Precinct, south oru1 west
along the bouru1ery of the Third (8rd)
Precinct to Marquette Street northwest
along Marquette Street to Fromrrælt's
Bluff, north along Fromrrælt's Bluff to
the south line of Section 12, T89N, R2E
which is a pmnt on the I>oundery of the
First (1st) Precinct, eWit, north and
south along the boundery of the First
(1st) Precinct to the Intersection of
Prescott Street and Ascension Street
the pÚlce of beginning, oli which is a
part of the Nineteenth (19th) Legisla-
tive District.
( b ) PoUing pÚlce. The foUoWlng
pÚlce is herel>y established Wi the
[KJll1ng pÚlce for the Fourth Precinct
of the city: Christensen's Green-
hause, 2685 Windsor Avenue. "
Section 3, That the Code of Ordi-
mnces of the City of Dubuque, Iowa be
and the sarræ is hereby amended by
repealing Section 12-2> of Article II of
Chapter 12 thereof and eUO£ting a new
Sectian 12-2> of Articw II of Chapter 12
in tieu thereof Wi folwws:
"Sec. 12-24. Fifth Precinct.
(a) Area encompassed. The Fijth
Precinct of the city sholl consist of
that territory I>ouruled by a line Wi
foUows:
( 1 ) Beginning at the intersection of
Ewit Tw€nty-seventh (27th) Street and
Fromrrælt's Bluff, which is a pmnt on
the bouruktry of the Fourth (4th) Pre-
cinct, rwrth along the boundery of the
Fourth (4th) Precinct to the south line
of Section 12, T89N, R2E, which is a
[KJÌnt on the boundery of the First (1st)
Precinct, west along the boundery of
the First (1st)Precinct to Central Ave-
nue, south along Central Avenue to
West Thirty-secorui ( 82nd) Street,
west along West Thirty-secorul (32nd)
Street to Sounders Street, south arui
west along Saurulers Street to Doven-
[KJrt Street, southeWit along Davenport
Street to Broadway Street, south and
east along Broodway Street to DiJlgorwl
Street, southeWit along DiJlgorwl Sreet
to Central Avenue, north along Central
Avenue to Ewit Twenty-sixth (26th)
Street, eWit aloug Ewit Tw€nty-sixth
( 26th) Street, to White Street, rwrth
along White Street to Ewit Tw€nty-
seventh (27th) Street, then eWit along
Ewit Twenty-seventh (27th) Street to
Fromrrælt's Bluff, the pÚlce of I>egln-
ning, all of which is in the Nineteenth
(19th )Legislative District.
(2)Beginning at the intersection of
Central Avenue and the south I1ne of
Section 11, T89N, R2E, west along said
line to the southwest corner of Section
11, T89N, R2E, north oIong the west
line of Section 11, T89N, R2E to the
Corporate Limits, eWit along the
C&rporate Limits to Central Avenue,
south along Central Avenue to the
south I1ne of Section 11, T89N" R2E, the
pÚlce of befJInnlng, 011 of which is in the
Tw€nty-first (21st) Legislative Dis-
trict.
( b ) PoUlng pÚlce. The foUoWlng
pÚlce is herel>y established Wi the
[KJ[hng p/a£e for the Fijth Precinct of
the city: Holy Ghost Sehool, 2901
Central Avenue. "
Section 4. Thet the Code of Ordi-
r/J1ffWes of the City of Dubuque, Iowa be
and the sarræ is hereby arræruled I>y
repeahng Section 12-82 of Article II of
Chopter 12 thereof orul erW£ting a new
Sectian 12-82 of Articw II of Chapter 12
In tieu thereof Wi foUows:
"Sec, 12-32. Thirteenth Precinct.
( a) Area encompassed. The Thir-
teenth Precinct of the city sholl con-
lfist of that territory bouruled by a
tine Wi foUows:
Beginning at the intersection of John
F. Kennedy RoOO orul University Ave-
nue, east along University Avenue to
Ethel Street, east along Ethel Street to
New Haven Street, eWit along New
Haven Street to Mine1'al Street, eWit
along MIneral Street to GiUiam Street,
south along Gillinm Street to West
Street, eWit along West Street to Finley
Street, south orul ....t along Finley
Street to McCormick Street, south
along McCormick Street oru1 on exten-
sian thereof and an extension of West
Third (3rd) Street, eWit along on exten-
sian of West Third (.l'rd) Street to the
terrmnus of West Third (8rd) Street,
south from the terminus of West Third
( .l'rd) Street to the terminus of Hale
Street, east along Hale Street to AlgfYT/ß
Street, north along AlgfYT/ß Street to
West Third (8rd) Street, east along
West Third (8rd) Street to North
GrœruJ.view Avenue, which is a pmnt on
the boundery of the Tw€ijth (12th )Pre-
cinct, then south along the Tw€ljth
( 12th) Precinct to Doðge Street, west
along Dodge Street to Frerrwnt Street,
south along FrerTWUt Street to the
Ilb.'rwis Central orul Gulf Roilroru1
tra£ks, south oru1 eWit along said tro£ks
to the sooth I1ne of Section 36, T89N,
R2E, west along said section 11'ne to the
northeWit corner of Peg-a-Mesa Subdi-
viaIon, south, west orul north along the
bouru1ery of Peg-a-Mesa Sulidivision to
the south line of Section 35, T89N, R2E,
west along said 11'ne to the west line of
said Section 35, north along said line to
North CWicru1e Road, southwest along
North Cvscade RoOO to the west I>ound-
ary of Krwb HiU Grove Sul>division,
north arui eWit along the boundery of
Krwb HiU Grove Sulidivilfion to the west
bouru1ery of Krwb Hill Subdivision,
north along the west I>oundery of Krwb
Hill Subdivilfion to the IUirwis Central
orul Gulf ReilroOO tro£ks, eWit along
Special Session, August 20,1979
Special Session, August 20, 1979
360
359
R2E, west akmg said line to tlw west
line of the NW'/4 of the NE '/4 of Section
28, T89N, R2E, north akmg the said line
to Pennsylvania Avenue, eWit akmg
Pennsylvania A venue to Vizaleea Drive,
narth akmg Vizaleea Drive to Keynwnt
Drive, eWit along Keynwnt Drive to
Key Way, north on Key Way to Hill-
crest RooJi, west akmg HiUcrest RoOJi to
St. John Drive, narth akmg St. John
Drive to Graham Gircle, eWit akmg
Graham Circle to West Way, east akmg
West Way to Key Way, east along Key
Way to Kennsdy Road, rwrth akmg
Kennedy RoOJi to Asbury RoOJi then
east akmg Aslmry RoOJi to Carter RooJi,
the plm:e of beginning, oIl of which is a
part of the Twentieth (20th) Legisla-
tive District.
( I> ) Polling plm:e. The following
pla£e is hereby established as the
polling plm:e for the Nineteenth Pre-
,ir",t of the city: Kennedy School,
2185 Woodland Drive. "
Section 6. That tlw Code of Ordi-
'l1anees of the City of Dubuque, Iowa be
and the sarræ is hereby arrænded by
repealing Section 12-89 of Article II of
Chapter 12 thereof and enacting a new
Section 12-89 of Article II of Chapter 12
Ù¡ lieu thereof Wi follows:
"Sec. 12-39, Twentieth l're<inct.
(a) Area eneompa8sed. The twen-
tieth Precinet of the city shall con-
sist of that territory bounded I>y a
line Wi follows:
Beginning at the intersectian of
Crissy Drive and Asbury Road, which is
a point on the bourulary of the Nine-
tee:nth (l9th) Precinet, west and south
akmg the bourulary of the Nineteenth
(l9th) Precinct to Pennsylvania Ave-
nue which is the south section line of
Section 21, T89N, R2E, west akmg said
sectian line to the west line of Section
21, T89N, R2E, rwrth along said section
line to Asbury Road, eWit akmg Asbury
RoOJi to Bonson Road, narth akmg Bon-
son RoOJi to Kaufmann Avenue, eWit
akmg Kaufmann Avenue to Martin
Drive, south along Martin Drive to
Theda Drive, west akmg Theoo Drive
to Crissy Drive, then south akmg Crissy
Drive to the plm:e of Beginning, oIl of
which is a part of the Twentieth (20th)
Legislative District.
(I> ) Polling plm:e. The following
plm:e is hereby established Wi the
[KJlling plm:e for the Twentieth Pre-
ciru:t of the city: HempsteOJi High
School, 8715 Pennsylvania Avenue. "
Section 7. That the Code of Ordi-
'l1aru:es of the City of Dubuque, Iowa be
and the sarræ is hereby arrænded by
repealing Section 12-40 of Article II of
Chapter 12 thereof arul enacting a new
Sectian 12-40 of Article II of Chapter 12
said trodes to the west line of Section
85, T89N, R2E, north akmg said line to
south bourulary line of South Gate
Subdivision, west and north akmg the
bourulary of South Gate Subdivision to
the south right-ol-way line of Coates
Street to the west line of Section 27,
T89N, R2E, north akmg said line to the
rwrth right-of-way line of Coates Street,
west akmg the narth right-ol-way of
Coates Street to the west bourulary line
of Gemini Plm:e sul>division, rwrth akmg
the west bourularies of Gemini Plm:e,
George Jecltlin's Farm and Plaza 20
subdivisions to the north right-of-way
lIne of Highway 20, west akmg the
north right-of-way line of Highway 20 to
John F. Kennedy Road, north akmg
John F. Kennedy RoOJi to University
Avenue the plm:e of beginning, oIl of
which is a pa:rl of the Twentieth (20th)
Legislative District.
(b ) Polling plm:e. The following
plm:e is hereby established Wi the
polling plm:e for the Thirteenth Pre-
cinet of the city: Washington Junior
High School, 51 North Grandview
Avenue. "
Section 5, That the Code of Ordi-
'l1ances of the City of Dulmque, Iowa be
and the sarræ is hereby arrænded by
repealing Section 12-38 of Article II of
Chapter 12 thereof arul enacting a new
Sectian 12-88 of Article II of Chapter 12
in lieu tMreof Wi follows:
"Sec, 12-38. Nineteenth Precinct,
(a)Area encompa8sed, The Nine-
teenth Precinct of the city shaIJ. con-
sist of thal territory bounded by a
lme as follows:
Beginmng at the intersectian of
Asbury RoOJi and Cœrtm'RooJi, which is
a p",nt on the bourulary of the Seven-
teenth (l7th)Precinct, south akmg the
bourularies of the Seventeenth (17th),
Eighteenth (18th) arul Thirteenth
(lllth) Preciru:ts to John F. Kennedy
RooJi, west arul south along John F.
Kennedy RoOJi to the north right-of-way
line of Highway 20, west akmg the
north right-of-way line of Highway 20 to
the east bourulary lIne of Hauber's U.S.
Highway 20 Plm:e, north o1ong said
boundery to the north line of the NW%
of the SW'I, Sectian 27, T89N, R2E,
west along said line to Wackm' Drive,
south akmg Wacker Drive to the south
right-of-way ltne of Highway 20, west
akmg the south right-of-way line of
Highway 20 to the miMis Central and
Gulf RoilroOJi tracks, north arul west
akmg said tracks to the west bourulary
line of CJ¡n-Que Addition Number 2,
narth along the west bourularies of
Clin-Que Addition Number 2 arul C.J
mes Sul>division to the south line of the
NW'/40fthe NE'I40fSection 28, T89N,
In lieu thereof Wi follows:
"Sec. 12-40. Twenty-first Precinct.
( a) Area encompa8sed. The Twenty-
first Precinct of the city sholl consist
of that territory bounded I>y a line Wi
follows:
Beginning at the Intersectian of
Chaney RoOJi and Kaufmann Avenue,
which is a point on the bourulary of the
Seventeenth (17th I Predru:t, south and
narthwest akmg the bourularies of the
Seventeenth (17th) Nineteenth (l9th),
and Twentieth (20th) Precinets to the
west line of Section 16, T89N, R2E,
narth akmg said section line to the Cor-
[KJrate Limits, north and eWit akmg the
Corporate Limits to John F. Kennedy
RooJi, south aloug John F. Kennedy
Rond to West Thirty-secarul ( 32nd)
Street, eWit akmg West Thirty-secarul
(82nd) Street to Carter Road, south
akmg Carter RoOJi to Kane Street, eWit
akmg Kane Street to Chaney Road,
then south akmg Chaney RoOJi to
Kauftrumn Avenue, the plm:e of I>egin-
rUng, oIl of which is a part of the
Twentieth (20th ILegislative District.
( b ) Polling plm:e. The folloWIng
plm:e is hereby established Wi the
[KJlling pla£e for the Twenty-first
Precinct of the City: Eisenhower
School, 8170 Spring Volley RooJi. "
Section 8, That the Code of Ordi-
'l1aru:es of the City of Dubuque, Iowa be
and the sarræ is Iwreby arrænded by
repealing Section 12-41 of Article II of
Chapter 12 thereof arul enactIng a new
Sectian 12-41 of Article II of Chapter 12
In lieu thereof Wi follows:
"Sec. 12-41. Twenty-se<ond Precinct.
(a) Area encampa8sed. The Twenty-
second Preciru:t of the city shoJi con-
sist of that territory bounded by a
line Wi follows:
Beginning at the intersection of
Saunders Street arul West Thirty-
second (8Pmd) Street, west along West
Thirty-second (8Pmd) Street to North
Grandview Avenue, south akmg North
Grandview Avenue to Boyer Street,
eWit uloug !kJyer Street to Andrew
Court, south along Andrew Caurt to
Kane Street, west uloug Kane Street to
North Grarulview Avenue, south akmg
North Grandview Avenue to Kauftrumn
Avenue, which is a point on the
bourulary of the Sixteenth (16th I Pre-
",'net, southwest, arul rwrth akmg the
bourularies of the Sixteenth (l6th) ,
Seventeenth, (l7thl ond Twenty-first
( 21st) Preciru:t, then north arul eWit
akmg the Corporate limits to the eWit
line of Section 10, T89N, R2E, south
oom.g said sectian line to the southwest
corner of Section 11, T89N, R2E, eWit
akmg the south line of Section 11,
T89N, R2Eto Central Avenue, south on
Central Avenue to West Thirty-second
( 8Pmd) Street, west on West Thirty-
second (82nd) Street to Saunders
Street, the plm:e of beginnIng, ali of
which is a part of the Twentieth (20th)
Le,gislative District.
( I> ) PollIng plm:e. The folloWIng plm:e
is herel>y established Wi the [KJlltng
plm:e for the Twenty-second Preciru:t
of of the city: Wahlert High School,
2005 Kane Street. "
Section 9. That the Code of Ordi-
'l1ances of the City of Lmbuque, Iowa I>e
and the sarræ is Iwreby arræruled by
repealIng Section 12-43 of Article 11 of
Chapter 12 thereof and enacting a new
Sectian 12-48 of Article 11 of Chapter 12
in lieu thereof Wi follows:
Sec. 12-43. Twenty-fourth Precinct,
(a)Area <rncampa8sed. The Twenty-
fourth Predru:t of the city shall consist
of that territory I>ounded I>y a line Wi
follows:
Beginning at the Intm'section of the
south Corporate Limits and the minms
Central Railroud, which is a point on the
bourulary of the Thirteenth (ll1th) Pre-
",'net, rwrth, eWit, arul south akmg the
I>ourularies of the Thirteenth (l8th),
Twelfth (l2th), and Eleventh (11th)
Preciru:ts to the intersection of Mount
Loretta Avenue and English Lane,
south akmg English Lane to Levi
Street, eWit akmg Levi Street to Svlli-
van Street, south alon,g Svllivan Street
to Southern Avenue, south akm,g
Southern Avenue to the south ltne of
Sectian 86, T89N, R2E, east akmg said
line to the centerline of Kerrigan Road,
south along the centm'line of Kerrigan
RoOJi to tlw Corporate Limits, south,
west, north arul narthwest akmg the
Corporate Limits to the west line of the
NE '/4 of the NW'I< of Section 2, T88N,
R2E, rwrth akmg said line to the south
bourulary of Thoma;; Farm Addition,
eWit along said bourulary to tlw eWit
bourulary of Thoma;; Farm Addition,
rwrth akmg said I>ourulary to the south
lIne of Section 35, T89N, R2E, which is
a pmnt on the boundery of the Th,r-
teenth (18th) Precinct, eWit akmg the
bourulary of the Thirteenth (18th)
Precinct to the mirwis Central Gulf
RoilroOJi tracks, the plm:e of be,ginmng,
oIl of which is a part of the Twenty-first
(21st )Legislative District.
(b )Polltng plm:e. The following plm:e
is hm'eby established Wi the [KJlllng
place for the Twenty-fourth Precinct
of the city: No.5 Engine House,
689 South Graadview Avenue. "
Section 10. That the Code of Ordi-
'l1aru:es of the City of Dubuque, Iowa be
and the sarræ is hereby arræruled by re-
pealing Section 12-44 of Article II of
Chapter 12 thereof and enacting a new
Special Session, Angust 20,1979
362
Special Session, August 20,1979
361
4-112.4 of Article IV and enact a new
Subsection 1 io Article 4-112.4 of
Article IV establishing floor area linillta-
tions for bars and taverns and furtber,
to repero Subsection 5 in Section 4-113.2
of Article IV and enact a new Subsec-
tion 5 in Section 4-113.2 of Article IV
establishing floor area llmitations for
bars and taverns, presented aod read.
Council Member Farrell moved tbat
the reading just had be considered the
first reading of the Ordinance. Second-
ed 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
the rule reqniring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed witb. Secooded 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 beld on the Ordinance
on September 17, 1979 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and tbat the City Clerk be
instructed to publlsh notice of the
bearing in tbe manner reqnired by law.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
An Ordinance of the CIty of Dubuque,
Iowa, providing that the Code of
Ordinances of tbe CIty of Dubuque,
Iowa, be amended by revising Appendix
A thereof, roso known as tbe "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa" to repero Schedule of
Off-street Parking Space reqnirements
in Section 5-104.4 of Article V and enact
a new Schedule of Off-atreet parking
space requirements in Sectioo 5-104.4 of
Article V, presented and read.
Council Member Farrell moved that
the reading just had be considered tbe
first meeting of the Ordinance. Second-
ed by Council Member Brady. Carried
by the following vote:
Yeas-Mayor Wertzber~er, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Farrell moved that
the rule requiring an Ordinance to be
received and filed at two meetings prior
to tbe meeting when finro action is
taken, be dispensed with. Seconded by
Conncil Member Brady. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
"Sec. 12-46 Twenty-seventh Precinct.
(a) Area encompassed. The Twenty-
seventh Prednct of the city sholl con-
sist of that territory bouru1ed by a line
Wi follows:
Beginning at the Cor[KJrate Limits
and Highway 20, north, west and eWit
along the Cmporate úimits to the west
line of Section 16, T89N, R2E which is a
point on the boundary of the Twenty-
first (21st) Precinct, south, eWit, south
and west along the boundaries of the
Twenty-first (21st), Twentieth (20th),
Nineteenth (1,9th) and Twenty-sixth
(26th )Precincts to Highway 20 and the
Corporate úimits the p/n£e of begin-
ning, 011 of which is in the Twenty-first
(21st )Legislative District.
( I> ) Polling p/n£e. The foUowing p/n£e
is hereby established o.s the Polling
plo£e for the Twenty-seventh Precinct
of the city: Hempstead High School,
8715 Pennsylvania Avenue. "
Section 13. That 011 ordinances or
parts of ordinances in conflict with this
ordinance are hereby repeated.
Passed, approved and adopted this
20th day of August, 1979.
Ricbard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyo Farrell
Council Members
AN ORDINANCE of the City of
Dubuque, Iowa, providing tbat tbe
Code of Ordinances, of the City of
Dubuque, Iowa, be amended by re-
vising Appendix A thereof, also known
as the "Zoning Ordinance and Zoning
Map of the City of Dubuque, Iowa, by
reclassifying portion of property within
TeITace Estates Subdivision from AG
Agricultural District Classification to
R-2 Residential District Classification,
presented and read.
Council Member Tully moved that tbe
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that tbe
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when' finro action is
taken, be dispensed with. 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
public hearing be held on tbe Ordinance
00 September 17, 1979 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be
instructed to publlsb notice of tbe
hearing in the manner reqnired by law.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planoing & Zoning
indicating aþpropriate amendments and
recommending favorable consideration
on proposed Zoning amendment whicb
would place floor area limitations on
bars and taverns in C-1 Commercial and
C-2 Locro Service Commercial Districts
and establish off-street parking reqnire-
ments for places of public assembly,
presented and read.
Council Member Farrell moved that
tbe communication be received and
filed. Seconded by Counell Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
An Ordinance of tbe City of Dubuque,
Iowa, providing tbat the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, roso known as the "Zoniog Ordinance
and Zoning Map of the City of Dubuque,
Iowa", to repeal Subsection 1 in Section
Sectian 12-1,4 of Articw II of Chapter 12
in lieu thereof Wi foUows:
"Sec. 12-44. Twenty-lifth Precinct.
(a) Area encompassed. The Twenty-
fifth Precinct of the city shull consist
of that territory bouru1ed by a line Wi
foUows:
Beginning at the intersection of South
Locust Street and Roilroad Avenue
which is a point on the boundary of the
Second (2nd) Precinct, eWit along the
boundary of the Second ( 2nd) Pre-
cinct to the Cmporate úimits, south ond
west along the Corporate Umits to
Kerrigan Road which is a point on the
boundary of the Twenty-fourth (2>th)
Precinct, north and eWit along the
Boundaries of the Twenty-fourth (24th)
and (11th)Precincts to the intersection
of Svuth Ú<Jcust Street and Roilroad
Avenue, the p/n£e of beginning, oil of
which is a part of the Twenty-first
(21st )Legislative District.
( b) Polling p/n£e. The foUowing p/n£e
is hereby established Wi the [KJlling
p/n£e for the Twenty-fifth Precinct of
the city: St. Elias The Prophet Greek
Orthodox Church, 1075 Rockdale
Road."
Section 11. That the Code of Ordi-
nances of the City of Dubuque, Iowa be
and the sarræ is hereby arræru1ed by
ena£ting a new section to Articw II of
Chapter 12 to be numbered Section
12-45 of Articw II of Chapter 12 to read
WifoUows:
"Sec, 12-45. Twenty-sixth Precinct,
(a) Area campWised. The Twenty-
sixth Precinct of the city sholl consist
of that territory l>ouru1ed by a line Wi
foUows:
Beginning at the Corporate úimits
and Highway 20, eWit along Highway
20 to the Illinois Centrol and Gulf
I/rJilroad trO£ks which is a point on the
boundary of the, Nineteenth (19) Pre-
cinct, eWit ond south along the boun-
dories of the Nineteenth (19), Eigh-
teenth (18th), Thirte<mth (18) and
Twenty-fourth (2>th) Precincts to the
Corporate Limits, west ond north along
the Corporate Limits to Highway 20,
the p/n£e of beginmng, oil of which is a
part of the Twenty-first (21st) Legisla-
tive District.
( b) PollIng p/n£e. The foUowing p/n£e
is hereby established Wi the polling
plo£e for the Twenty-sixth Precinct of
the city: K & K Heating Company,
700 Cedar Gross Road. "
Section 12, That the Code of Ordi-
nœnces of the City of Dubuque, Iowa be
and the sarræ is herei>y arrænded by
ena£ting a new section to Articw II of
Chapter 12 to be numbered Sectian
12-46 of Articw II of Chapter 12 to read
Wi foUows:
ATTEST:
Leo F. Frommelt
City Clerk
Publisbed officially in the Telegrapb
Herrod Newspaper tbis 22nd day of
August 1979.
Leo F. Frommelt
City Clerk
11 8/22
Council Member Tully moved final
adoption of the Ordinance. Seconded by
Council Member Farrull. Carried by
tbe following vote: *
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
requesting concurrence witb tbeir
action in approving zoning reclassifica-
tion of TeITace Heights Sub. from AG
Agricultural District to R-2 Residential
District Classification, presented and
read.
Council Member Tully moved tbat tbe
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.
Special Session, August 20, 1979
364
Special Session, August 20,1979
363
Members Farrell, King.
Nays-Council Member Brady.
Abstron-Council Member Tully.
Communication of Planning & Zoning
approving final plat of Lot 2 Block 17 of
Mettel-Byrne Addn. (west of Roscmont
between Creston & Admiral St.), pre-
seuted and read.
Council Member Tully moved to refer
communication to Planning & Zoning
and Corporation Counsel with a view of
future liability on purchase of property.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Attorney Paul
fItzsimmons, representing residents of
Admiral and Rosemonts Streets, advis-
ing of considering the City of Dubuque
responsible and liable for any such
damage should a water back-up occur
doe to beavy rillnfall or further west-
end development, presented and read.
Council Member Tully moved that the
communication be referred to the Plan-
ning & Zoning aud Corporation Counsel
with a view of future liability on
purchase of property. Seconded by
Council Member Farrell. Carried by
tbc following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-Nooe.
Communication of Planning & Zoning
requesting favorable consideration of
the final plat of the Sub. of Lot 1 of 2 of
2 of CoITcction Plat of M.L. 248 and of
the Sub. of Lot 2 of 1 of Correction Plat
of Lot 2 of 1 of 2 of Bonson Farm Sub.
into lots 1 and 2 of each (Old Colonial
Terrace Animal Hospital on University
Ave.), presented and read.
Council Member Tully moved that tbe
communication be received and filed.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Lot 2 of Lot I of Lot 2 of "Bonson Farm
Subdivision" in the City of Dubuque,
Iowa; and
79-16-105 references coostruction of a
test embankment and retention pond 00
Area C for the proposed 561 City Island
Bridge structure.
Passed, adopted and approved this
20th day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member FaITell moved tbat a
public hearing be held on tbe Ordinance
on September 17, 1979 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be
instructed to publisb notice of the
hearing in the manner required by law.
Seconded by Council Member Brady.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
recommending as being agronst reclas-
sification of the Assembly of God
Cburcb property, bowever, reaffiITillng
tbeir previous recommendation to
amend the OR-1 District regulations to
allow Barber Sbops and Beauty Salons
as conditional uses in structures of
historic or architectural siguificance,
presented and read.
Council Member Tully moved tbat the
communication be received and filed.
Seconded by Counell Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Brady moved to
adopt the Ordinance, as submitted by
Planning & Zoning Commission at July
16, 1979 Council Meeting, pertillning to
above. Seconded by Council Member
Farrell. VOTE ON THE MOTION
WAS AS FOLLOWS:
Yeas-Council Members Brady, Far-
rell.
Nays-Mayor Wertzberger, Counell
Members King, Tully.
MOTlONFAILED.
Communication of Public Works Di-
rector recommending execution of an
agreement to allow tbe State to proceed
witb construction of a test embank-
ment and retention pond on Area C,
presented and read.
Council Member Tully moved tbat tbe
communication be received and filed.
Seconded by Counell Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUI10NNO.2I7-79
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That tbe Mayor is bereby autborized
to execute a supplement to Agreement
No. 78-12-162 relating to construction of
a bridge across City Island. This
addendum, identified as Agreement
WHEREAS, srod plat has been ex-
amined by the City Planning and Zoning
Commission and had its approval endor-
sed thereon; and
WHEREAS, srod pJat bas been ex-
amined by the City Council aod they
find that the same conforms to the
Statutes and Ordinances relating there-
to:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the al>ove-described
plat be and the sarræ is hereby ap-
proved and the Mayor and City Clerk be
and they are hereby authorized and
directed to eru1orse the approval of the
City of Dubuque, Iowa, upon said pÚ1J;,
Passed, adopted and approved this
20th day of August, 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 Tully moved adop-
tion of tbe Resoiution. Seconded by
Council Member King. CaITied by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager re-
questing authorization to enter into an
agreement with Braconier Inc. to pro-
vide labor and materiros to reinforce tbe
second floor of City Hall at an estimated
cost of $7,417.00, presented and read.
Council Member Brady moved that
tbe communication be received and
filed and request approved. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager ad-
vising tbat due to tbe condition being
present at the outset of planning of the
property owned by Jobn Kramer on
Pego Court, it is felt tbat whatever
action needs to be done to COITect the
situation should be done by Mr.
Kramer, presented and read.
Councll Member Brady moved that
tbe communication be received and filed
and recommendation be approved.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Council Members Brady, Far-
rell.
Nays-Mayor Wertzberger, Couocll
Member King.
Abstain-Council Member Tully.
MOTION FAILED.
Dr. Jobn Kramer spoke to tbe
communication stating tbe drninage is
cutting furoughs through bis property
and damaging his septic system.
Council Member Farrell moved tbat
the communication and matter be refer-
red back to Engineering Dept., City
Solicitor and Developer. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Counell
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.
Communication of Board of Dock
Commissioners submitting a proposed
lease with Beecher Sand & Gravel for
property located on Area C., presented
and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-Nooe.
Dock Board Resolution No. 8-14-79
dated August 14, 1979, approving writ-
ten lease and agreement with Beecher
Sand Ltd. and requesting approval of
execution, presented and read. Council
Member 'l'ully moved that the resolu-
tion 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. '
RESOLUll0NNO.2I8-79
Resolution Approving tbe Plat of the
Subdivision of Lot I of Lot 2 of Lot 2 of
Correction Plat of Mineral Lot 248 and
of tbe Subdivision of Lot 2 of Lot 1 of
CoITection Plat of Lot 2 of Lot 1 of Lot 2
of "Bon son Farm Subdivision" in the
City of Dubuque, Iowa.
WHEREAS, there has been filed with
the City Clerk of the City of Dubuque,
Iowa, the plat of tbe Subdivision of Lot
I of Lot 2 of Lot 2 of CoITection Plat of
Minerro Lot 248 and of the Subdivision
of Lot 2 of Lot I of Correction Plat of
Special Session, August 20, 1979
366
Special Session, August 20, 1979
365
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager sub-
mitting information and provide a re-
commendation relative to staffing the
Airport/Fire/Rescue Unit consistent
witb FAA guidelines, presented and
read.
Council Member Farrell moved that
the communication 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.
RESOLUI10NNO.22I-79
Resolution Authorizing the City
Manager and the Chairperson 01 tbe
Airport Commission to Enter into an
Agreement with 1Ìi-State Flite Ser-
vice, Inc.
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
City Council Members
and request approved. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager re-
questing adoptioo of a resolutioo
autborlzing the Manager or his designee
as the official bargroning representative
for the City, presented and read.
Council Member Farrell moved that
the communication 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.
RESOLUfIONNO.2I9-79
WHEREAS, the City of Dubuque,
Iowa through its Board of Dock Com-
missioners and BEECHER SAND,
LTD., an Iowa Corporation of 1691
Asbury, Dubuque, Iowa bave entered
into a Lease and Agreement, dated
August 14, 1979, covering a tract of real
estate owned by the City of Dubuque,
Iowa, copy of whicb Lease and Agree-
ment is hereto attached, in whicb srod
tract of real estate is fully described;
and
WHEREAS, tbe City Council of tbe
City of Dubuque, Iowa has examined
srod Lease and Agreement and approv-
ed tbe same;
l RESOLUI10N NO. 220-79
NOW THEREFORE BE IT RE- Resolution Designating the City
SOLVED BY THE CITY COUNCIL OF Manager as Authorized Bargaining Re-
THE CITY OF DUBUQUE, IOWA: presentative lor the City 01 Dubuque,
Iowa
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion 01 tbe Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Public Works Di-
rector requesting time for discussion to
request formal authorization to proceed
witb language in the Consent Decree
and approval to proceed with expendi-
tures on major capital improvement and
replacement items all relative to the
Wastewater Treatment Plant, present
and read.
Corporate Counsel Rnsso advised of
accepting a Consent Decree which
would:
1) Elinillnate ont of consent decree
that will be no penalty for past
violations;
2) Enjoined from pollnting tbe river;
3) Fnture violations that can be fined
not more tban $3000 per day;
4) Violation of each day be based on 30
days consecutive period;
5) Acts of God excluded;
6) Cost of action to be assessed to the
United States.
Council Member King moved that
Item #3 be reduced to $500 or notbing
per day. Seconded by Council Member
Brady.
VOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas-Council Members Brady, King.
Nays-Mayor Wertzberger, Council
Members Farrell, Tully.
MOTION FAILED.
Council Member Tully moved tbat
Item #3 be amended so that luture
violations be not more than $3000. per
day. Seconded by Mayor Wertzberger.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Counell
Members Farrell, Tully.
Nays-Council Members Brady,
King.
Council Member King moved tbat the
recommendations to proceed with ex-
penditures on major capital improve-
ment and replacement items relative to
Wastewater Treatment Plant be ac-
cepted and adopt schedule of improve-
ments in tbe amount of $630,000.00.
Seconded by Council Member Farrell.
Carried by the following vote:
Section 1. That the proposed written
LeWie and Agreerrænt by o:nd between
the City of Dul>uque, Iowa by o:nd
through its Board of Dock Cmnmis-
sioners o:nd the BEECHER SAND,
LTD., and Iowa Cfrr-¡xyratian of 1691
Asbury, Dubuque, Iowa covering a
tract of real estate owned by the City of
Du6uque, Io'UXL, dated August 14, 1979.
be and the sarræ is hereby approved.
Section 2, That the City Clerk be and
he is hereby authorized and directed to
publish notice of soid LeWie o:nd Agree-
rræ1l1 Wi is by law required.
Passed, approved and adopted this
2Otb day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn Farrell
Council Members
WHEREAS, tbe 65th General As-
sembly adopted the "Public Employ-
ment Relations Act, "Chapter 20, Code
ofIowa, 1975; and
WHEREAS, tbe Airport Operations
Manual and the Federal Air Regulations
reqnire two employees to be available
during all Ozark DC-9 flight arrivals
and departures; and
WHEREAS, the Act provides pro-
visions for permitting publlc employees
to organize and bargrun collectively; and
WHEREAS, some City of Dubuque
employees have selected exclusively
bargroning agents; and
WHEREAS, on several occasions
OIùY one employee has been on during
DC-9 flights; and
WHEREAS, we bave been informed
by the Federal Aviation Administration
that fallure to take immediate steps to
rectify tills situation could result in the
suspension of ror carrier service to
Dubuque; and
WHEREAS, these bargroning agents
have been certified by the Public
Employment Relations Board; and
WHEREAS, the Act provides for the
publlc employer to appoint or autborize
a bargillning representative for tbe
purpose of bargroning witb tbe pnblic
employees or tbeir representative;
WHEREAS, tbe attached agreement
would provide a vehicle wbereby ail
DC-9 flights will be staffed in ac-
cordance with the Airport Operations
Manual and Federal Airport Regula-
tions;
ATTEST:
Leo F. Frommelt
City Clerk
Counell Member Tully moved adop-
tion of the ResolutIon and set Sep-
tember 4, 1979 at 7:30 P.M. in the
Council Chambers at date of public
hearing. Seconded by Councll Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager re-
questing Council approval to proceed
with Pbase III involving the develop-
ment and issuance of reqnests for
proposals (RFP's) in Date Processing,
presented and read.
Council Member Tully moved tbat tbe
communication be received and filed
NOW THEREFORE BY IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That tbe City Manager or bis de-
signee, eitber of whom bas the
authority to represent tbe City of
Dubuque, as the official bargroning
representative in conformance with
Chapter 20, Code of Iowa, 1975.
Passed, adopted and approved tbis
20th day of August, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn FaITell
City Council Members
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the City Manager and Chnir-
person of tbe Airport Commission be
autborlzed to enter into an agreement
witb 1Ìi-State Flite Service, Inc. to
provide assistance in staffing the Air-
port Crasb/Fire/Rescue Unit.
Passed, approved and adopted this
2Otb day of August, 1979.
Ricbard Wertzberger
367
Special Session, August 20, 1979
Yeas-Mayor Wertzberger, Counell
Members Farrell, King, Tully.
Nays-Council Member Brady.
Communication of City Manager re-
commending agillnst direct financial
assistance to the Colts Drum & Bugle
Corps, presented and read.
Counell Member King moved that tbe
City Manager proceed with 2nd recom-
mendation, tbat being no additional
contributions be given to any organiza-
tion until tbe entire subject of contri-
butions can be reviewed. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Mr. Dale Nederhoff, President of tbe
Colts Drum & Bngle Corps, spoke to tbe
City Manager's recommendation.
Counell Member Brady moved tbat
the Council go on record requesting the
Civic Center Commission to consider
offering to the Colts 45 Drum & Bugle
Corps two free days of arena nsage for a
fund rroser (concerts, etc.) for Colt 45
activities. Seconded by Council Mem-
ber Farrell. Carried by tbe following
vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
recommending favorable consideration
on approval of final plats of Oak Brook
Planned Unit Development Raven Oaks
Drive, presented and read.
Counell Member Farrell moved tbat
the communication be received and
filed. Seconded by Mayor Wertzberger,
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King.
Nays-None.
Abstilln-Council Member Tully.
RESOLUI10N NO. 222-79
Resolution approving the Plat of Lot 2
of "Raven Onks" in the City of Dubnque,
Iowa; and Lot 2 of Lot 1 of Lot 1 of
"Raven Oaks" in tbe City of Dubuque,
Iowa; and Lot 4 of Lot 1 of Lot 1 of
"Raven Onks" in the City of Dubuqne,
Iowa; and Lot 3 of Lot 2 of Lot 1 of
"Raven Oaks" in the City of Dubuque,
Iowa; and Lot 1 of Lot 1 of Lot 1 of
"Raven Oaks" in the City of Dubuqne,
Iowa; and Lot 3 of Lot 1 of Lot 1 of
"Raven Oaks" in the City of Dubuque,
Iowa; and Lot 2 of Lot 2 of Lot 1 01
"Raven Onks" in tbe City of Dubuque,
Iowa; and Lot 1 of l,ot 2 of Lot 1 of
"Raven Oaks" in the City of Dubnque,
Iowa; and Lot 1 of Lot 2 of Lot 1 of Lot
1 of Lot 1 of Lot 2 of Lot 2 of Lot 1 of
Lot 1 of High-Land Farm, Dubuque
County, Iowa, now in the City of
Dubuque, Iowa; and Lot 2 of Lot 2 of
Lot 1 of Lot 1 of Lot I of Lot 2 of Lot 2
of Lot 1 of Lot 1 of High-Land Farm,
Dubuque County, Iowa, now in the City
of Dubuque, Iowa; and Lot 3 of Lot 2 of
Lot 1 of Lot 1 of Lot I 01 Lot 2 of Lot 2
of Lot 1 of Lot 1 of High-Land Farm,
Dubuque County, Iowa, now in the City
of Dubuque, Iowa,
WHEREAS, tbere bas been filed with
the City Clerk a plat in which:
Lot 2 of "Raven Ooks" in the City of
Dubuque, Iowa: and Lot 1 of Lot 1 of
"Raven Oaks" in the City of Dubuque,
Iowa,' and Lot 2 of Lot 1 of "Raven
Ooks" in the City of Dubuque, Iowa:
œnd Lot 2 of Lot 1 of Lot 1 of Lot 1 of
Lot 2 of Lot 2 of Lot 1 of Lot 1 of High-
Lo:nd Farm, Dubuque County, Iowa,
now in the City of Dubuque, Iowa,
is platted as
Lot 2 of "Raven Ooks" in the City of
Dul>uque, Iowa, and Lot 2 of Lot 1 of
Lot 1 of "Raven Ooks" in the City of
Dubuque, Iowa: and Lot 4 of Lot 1 of
Lot 1 of "Raven Ooks" in the City of
Dubuque, Iowa: and Lot 8 of Lot 2 of
Lot 1 of 'Raven Ooks" in the City of
Dubuque, Iowa: and Lot 1 of Lot 1 of
Lot 1 of "Raven Ooks in the City of
Dubuque, Iowa; œnd Lot 8 of Lot 1 of
Lot 1 of "Raven Ooks" in the City of
Dul>uque, Iowa; and Lot 2 of Lot 2 of
Lot 1 of 'Raven Ooks" in the City of
Dubuque, Iowa; œnd Lot 1 of Lot 2 of
Lot 1 of "Raven Ooks" in the City of
Dubuque, Iowa; and Lot 1 of Lot 2 of
Lot 1 of Lot 1 of Lot 1 of Lot 2
of Lot 2 of Lot 1 of Lot 1 of High-
Lond Farm, Dubuque County, Iowa,
now in the City of Dubuque, Iowa:
œndLot 20f Lot 20f Lot 1 of Lot 1 of
Lot 1 of Lot 2 of Lot 20f Lot 1 of Lot 1
of High-Lœnd Farm, Dubuque County,
Iowa, now in the City of Dubuque,
Iowa; and Lot 8 of Lot 2 of Lot 1 of
Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot
1 of Lot 1 of High-Land Farm,
Dubuque County, Iowa, now in the
City of Dubuque, Iowa.
by Thomas F. Leibold and Darlene
Leibold, bnsband and wife; Raven Oaks
Apartment Associates No.1, an Iowa
Limited Partnersbip; P & G Associates,
an Iowa Limited Partnership; and
Dubuqne Community Sebool District,
the owners tbereof; and
WHEREAS, srod plat has been ex-
amined by tbe City Planning and Zoning
Commission and approved by srod body;
and
WHEREAS, upon said plat appears a
street known as Raven Oaks Drive, and
Special Session, August 20,1979
368
also easements for public utilities and
Easement "A" for Sidewillk Purposes,
whicb the owners upon srod plat have
dedicated to the public forever; and
WHEREAS, srod plat has been found
by tbe City Counell to conform to the
Statutes and Ordinances relating there-
to except that tbe street has not been
reduced to grade or the water mrons
installed therein;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedicatian of
Raven Ooks Drive, œnd oll eWierrænts
for public utilities œnd Easerrænt "A" for
Sidewalk purposes, oll Wi appear Uplm
said plat, be œnd the sarræ are hereby
aæepted and tlw.t said street be and is
here6y esta6lished Wi a public street in
the City of Dubuque.
Section 2, That the plat of Lot 2 of
"Raven Ooks" in the City of Dubuque,
Iowa: and Lot 2 of Lot 1 of Lot 1 of
"Raven Ooks" in the City of Dubuque,
Iowa: and Lot 4 of Lot 1 of Lot 1 of
"Raven Ooks" in the City of Dubuque,
Iowa,' and Lot 8 of Lot 2 of Lot 1 of
'Raven Ooks" in the City of Dubuque,
Iowa, and Lot 1 of Lot 1 of Lot 1 of
"Raven Ooks" in the City of Dubuque,
Iowa: œnd Lot 9 of Lot 1 of Lot 1 of
"Raven Ooks" in the City of Dubuque,
Iowa: œnd Lot 2 of Lot 2 of Lot 1 of
"Raven Ooks" in the City of Dubuque,
Iowa; œnd Lot 1 of Lot 2 of Lot 1 of
"Raven Ooks" in the City of Dubuque,
Iowa: œnd Lot 1 of Lot 2 of Lot 1 of Lot
1 of Lot 1 of Lot 2 of Lot 2 of Lot 1 of
Lot 1 of J{igh-Lo:nd Farm, Dubuque
County, Iowa, now in the City of
Dubuque, Iowa; œnd Lot 2 of Lot 2 of
Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2
of Lot 1 of Lot 1 of high-Lo:nd Farm,
Dubuque County, Iowa, now in the City
of Dubuque, Iowa; œnd Lot 9 of Lot 2 of
Lot 1 of Loti of Loti of Lot 2 of Lot 2
of Lot 1 of Lot 1 of High-Lo:nd Farm,
Dubuque Cownty, Iowa, now in the City
of Dubuque, Iowa, is hereby approved
œnd the Mayor and City Clerk are
hereby unthorized œnd directed to ""-
dorse the o:pproval of the City of
Dubuque U[KJU said plat provided the
owners of said property, hereinbefore
narræd, or ARIC, LID., un Iowa
corporation, execute written acceptance
hereto attached, agreeing:
a. To reduce Raven Ooks D,.ive to
gratl£ Wi shown by the JY1'ofiks sub-
mitted with the plat.
b. 10 surface Raven Ooks Drive a
width of 97 feet with Wiphaltic Clm-
erete pavement 8" stlme bWie, with
ccmcrete curb œnd gutter. AU of the
foregaing slwll I>e wnstructed ac-
cording to the City of Dubuque
specificatirms.
c. 10 l'nstoll water mains in accordence
with plans submitted with this plat.
d. To construct the foregoing improve-
ments in accordance with plmuJ and
specificatirms approved by the City
Manager œnd under the inspectilm of
the City FJngineer.
e. To maintain oll street improverrænts
and water mains for a period of four
(4) years from the date of its
acceptance.
f To construct said improvements
prior to November 80, 1980.
g. To provide the foregoing crmstruc-
tilm and maintenance at the expense
of the owners, or ARIC, LID., an
Iowa corpmatilm, the developer of
"Ook Brook Development",
the Plunned Unit DeveÙJpment
(PUDI directly eWit of the pro-
perty In the sulJ/ect plat, 'who Iw.t
agreed Wi part of the approval of the
PUD to crmstruct and instoll said
improvements of the owners,
and further provided that ARIC, LID.,
Wi developer of ths PUD directly eWit of
this plat property, shall secure the
perfœmance of the foregoing conditirms
by providing security In such sums and
with such sureties Wi =y be acceptable
to the City Mo:nn.ger.
Section 3. T/wJ; In the event the
owners or ARIC, LID. shall fail to
secure the acceptance and furnish se-
curity provided for In Sectilm 2 hereof
within forty-five (45) days from the
date of this Resolutilm the provisirms
hereof shall I>e null and vaid and the
acceptance of the dedicatilm and ap-
proval of the plat sholl not be effective.
Passed, adopted and approved by
recorded roll call vote tbis 20th day of
August, 1979.
Ricbard Wertzberger,
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
To: Leo F. Frommelt
City Clerk
This is to certify tbat the security
required for the foregoing Resolution
222-79 has been provided by the ARIC,
LTD.
Dated at Dubuque, Iowa, this 1st day
of October, 1979.
W. Kennetb Gearbart,
City Manager
Special Session, August 20, 1979
370
Special Session, August 20, 1979
369
sums and with such sureties"" may I>e
aæeptaUe to the City Mamger.
Sectiou 3. That in the event ARIC,
LID. shall fail to execute the u£cep-
tance aru1 furnish security provided for
in Section 2 hereof within forty-five
(.5) days from the date of this
Resolution the provisians hereof shall
be null and void and the u£ceptim£e of
the dedication aru1 approval of the plat
shallm>t be effective.
Passed, adopted and approved by
recorded roll call vote this 20th day of
August, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
tbe provisions of Law relating to the
sroe of Cigarettes within tbe City of
Dubuque, Iowa, be granted a permit to
sell Cigarettes and Cigarette Papers
within srod City.
Carol Burchette &
Judy O'Connel
Roger M, Becl<
Raven Oaks Drive, together with the
eWierrænts for public utilities all Wi the
sarræ appear upon said plat, be and the
sarræ are hereby u£cepted and that said
street be and it is herel>y estabUshed Wi
a pubUc street in the City of Dubw¡ue.
Section 2. That the plat of Lot 1 of
Lot 1 of Lot 1 of Block A in Highland in
the City of Dubuque, Iowa, which will
hereafter be known Wi Lots 1-15 in-
clusive of "Oak Brook Development" in
the City of Dulluque, Iowa, a Planned
Unit Development is herel>y a:p¡rroved;
and the Mayor and City Clerk are
here/y¡¡ authorized aru1 directed to en-
dorse the approval of the City of
Dubuque U[KJU said plat providing
ARlC, LID., Wi owner-developer of
said property, execules written u£cep-
tonee hereto attu£hed, agreeing;
a. To reduce Raven Oaks Drive to
grwk Wi shaum by the profiles sub-
mitted with the pÙ1i.
1>. To surfu£e Raven Oaks Drive a
width of 81 feet with Wiphaltic
concrete paverrænt, 8" stone bWie,
with concrete curb and gutter. AU
of the foregoing shall be constructed
u£cordi1l{l to the latest City of
Dulluque specifications.
c. Th install boulevard street lighting
in u£corcùmce with the City of
Dulluque standm-d specifications for
street Ughting.
d. To install sidewalks on both sides of
the street in u£cordance with the
City of Dubuque standard specifi-
cations for permanent sidewalks.
e. Th install water nwins in u£corcùmce
with plans submitted with this pÙ1i.
f To install sanitary sewers in u£cO'r-
dlmee with plans sulJmitted with this
plat.
g. To install storm sewers in u£cor-
dance with plans sulJmitted with this
plat.
h. To install the sanitary sewer and
uater Ù1ierals for eu£h lot to behind
the property one.
i. To constru£t the foregoi1l{l improve-
ments in u£cordßnce with pions and
specifications approved by theCity
Manager aru1 under the inspection of
the City Engineer.
j. To nwintain all street improvements
and sewer and water nwins for a
period of four (.) years from the
date of its u£ceptance.
k. To construct soid improverrænts
prior to November 80, 1980.
I. To provide the foregoing construc-
tion and nwintenance at the
expense of the owner-developer.
and further provided thai; ARlC, LID.
Wi owrwr-developer of said Subdivisian
secure the performn;nce of the foregoing
cowIitions by providing security in such
ACCEPTANCE OF
RESOLUI10N NO, 222-79
ARIC, LTD. baving read the terms
and conditions of the foregoing Resolu-
tioo 222-79 and being farillllar witb tbe
contents thereof, bereby accepts tbe
same and agrees to perform tbe condi-
tions therein reanired.
Dated at Dubuque, Iowa, tbis 28th
day of August, 1979.
ARIC, LTD., an Iowa corporation;
By Thomas P. Swift,
Presiuent
and Gerald P, Swift,
Secretary
Counell Member Farrell moved adop-
tion of tbe Resolution. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abstrun-Counell Member Tully.
504 Central Ave.
2776 Jackson St.
Passed, adopted and approved tbis
20th day of Angust, 1979,
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Counell Member Tully moved adop-
tion of the Resolution. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
ATTEST:
Leo F. Frommelt,
City Clerk
To: Leo F. Frommelt
City Clerk
This is to certify tbat the security
required for the foregoing Resolntion
No. 223-79 has been provided by tbe
owner-developer.
Dated at Dubuque, Iowa, this 1st day
of October, 1979.
W. Kenneth Gearhart,
City Manager
RESOLUI10N NO, 223-79
Resolotion Approving the Plat 01 Lots 1
- 15 Inclusive, 01 "Oøk Brook Develop-
ment" in the City 01 Dubuque, Iowa, a
Planned Unit Development
WHEREAS, tbere bas been filed with
the City Clerk a plat in wbich:
Lot 1 of Lot 1 of Lot 1 of Block A in
Higbland in tbe City of Dubuque,
Iowa,
is platted as
Lots 1 - 15 inclusive of "Oak Brook
Development" in the City of Dubuque,
Iowa, a Planned Unit Development,
by ARIC, LTD., an Iowa corporation,
owner-developer, and
RESOLUI10N NO, 225-79-
WHEREAS, Appllcation for Beer
Permits have beeo submitted and filed
to this Counell for approval and the
same have been exarillned and approved
and
ACCEPTANCE OF
RESOLUI10NNO, 223-79
ARIC, LTD., an Iowa corporation,
baving read tb" terms and conditions of
tbe foregoing Resolution No. 223-79 and
being lamillar with the contents tbere-
of, hereby accepts the same and agrees
to perform the conditions therein re-
qnired.
Dated at Dubuque, Iowa tbis 28th
day of August, 1979.
ARIC, LTD., an Iowa Corporation,
By: Thomas P. Swift,
President
and Gerald P. Swift,
Secretary
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Wertzberger. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King.
Nays-None.
Abstrun-Counell Member Tully.
RESOLUI10N NO- 224-79
BE IT RESOLVED, By the City
Council of the City of Dubuque, Iowa,
tbat tbe following baving complied with
WHEREAS, The premises to be
occupied by such applicants were in-
spected and found to comply with tbe
Ordinances of this City and bave filed
proper bonds:
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of tbe
City of Dubuque, Iowa, that tbe
Manager be authorized to cause to be
issued to tbe following named appllcants
a Beer Permit.
CLASS "C" BEER PERMIT
Kenneth Leo Simon 2418 Central Ave,
(Also Sunday Sales)
Passed, adopted and approved this
2Otb day of August, 1979.
Richard Wertzberger
Mavor
Thòmas A. Tully, Jr,
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
WHEREAS, silld plat and Planned
Unit Development has been examined
by the City Planning and Zoning
Commission and approved by srod body;
and
WHEREAS, upon srod plat appears a
street to be known as Raven Oaks
Drive, and also easements for public
ntilities which the owners upon srod plat
have dedicated to the public forever;
and
WHEREAS, srod plat and Planned
Unit Development has been found by
the City Council to conform to tbe
Statutes and Ordinances relating there-
to except tbat the street bas not been
reduced to grade or paving, sewer,
water, or sidewalks installed therein;
ATTEST:
Leo F, Frommelt
City Clerk
RESOLUI10N NO. 226-79.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
Section 1. That the dedication of
WHEREAS, Applications for Liquor
Special Session, August 20, 1979
Special Session, August 20, 1979
372
371
Communication of City Manager ad-
vising that our contract to inspect
Grade "A:' Milk is not in jeopardy with
the State as the result of a bearing beld
in Des Moines on August 6th as tbe
result of proper defense by our Milk
Sanitarian, presented and read.
Council Member Tully moved tbat tbe
commnnication be received and flled.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, FaITell, King, Tully.
Nays-None.
Communication of City Assessor sub-
mitting a stipulation and agreement,
also judgement and decree in the case of
Kennedy Milll loco vs. Board of Review
praying for tax relief for years 1978 &
1979, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
MINUTES SUBMITTEDc Human Rights
Commiasion of H6: Housing Commis-
sion of 7-31, 8-8, 8-14, Zoning Board of
Adjustment of 8-2: Cable TV Commis-
sion of 7-10; Dock Commission of 7-5:
Playground & Recreation Commission
of 7-9: Transit Trustee Board of 7-12;
Housing Rehab. Commission of 7-31 and
Park Board of 7-20, presented and read.
Counell Member Tully moved that the
minutes be received and filed. Se-
conded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Printed Counell Proceedings for the
month of April, 1979, presented for
approvro.
Connell Member Tully moved that tbe
Council Proceedings be ap!"'oved as
printed. Seconded by Council Member
FRITOIl. Carried by the following vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Corporation Coun-
sel recommending tbat the personal
injury clrom of Kimberly K. Pearce be
denied, no liabillty on part of City,
presented and read.
Counell Member Tully moved that tbe
communication be received and flled
and recommendation of denial be ap-
proved. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
offer of settlement in tbe amount of
$71.38 and it is the recommendation of
Corporation Couosel tbat srod offer be
accepted, and that tbe City Auditor be
instructed to draw a warrant payable to
Mark Rinderer in lbe amount of $71.38
and deliver same to the Legro Depart-
ment for surre;:der upon receipt of
executed releases.
Original clrom is returned herewith.
R. N. Russo
Corporation Counsel
Conncil Member Tully moved that tbe
recommeodation be approved and City
Auditor directed to issue proper war-
rant. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
At 10:59 P.M. Counell Member Tully
moved to go into Executive Session to
discuss pending legislation. Seconded
by Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council reconvened in Regular Ses-
sion at 11:05 P.M. Mayor Wertzberger
announced that directon has been given
to Corporation Counsel on peoding
legislation.
Mayor Wertzberger announced that a
Special Council Meeting will be beld on
August 27, 1979 at 4:30 P.M. in Council
Chambers to discuss strategy relative
to Labor Negotiations.
There being no furtber business,
Council Member Brady moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Leo F, Frommelt
City Clerk
Licenses have been submitted to this
Counell for approval and tbe same bave
been examined and approved: and
WHEREAS, The premises to be
occupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant tbereto and tbey have filed
proper bonds:
Communication of Corporation Coun-
sel advising of Judgement and Decree
of foreclosure being entered in the
District Court and dismissed in the
matter of M. F. Geerdt Construction
Co. & Thorp Finance Co., presented
and read.
Council Member Tully moved that the
communication be received aod filed.
Seconded by Councll Member Farreil.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Rod Henry et al (13 signers)
requesting to close off Booth Street
between Langworthy & W. 3rd Street
on September 3, 1979 from 2 to 8 P.M.,
presented and read.
Council Member Tully moved that tbe
petition be approved subject to imple-
mentation of the City Manager. Se-
conded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
NOTICESOFCLMMSnRei~ardi
R. Ruscb, in ao undetermined amount,
for personro injuries received in a fall
due to a defective sidewalk at 24th &
Jackson Sts. on August 13, 1979; Lola
M. Rokusek, in an undetermined a-
mount, for car damage incurred as the
result of an object flying off a rubbish
truck on August 14, 1979, at 990 Grove
Terrace, presented and read.
Council Member Tully moved tbat the
Notices of Clroms bc refeITed to Cor-
poration Counsel for investigation and
report. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the Manag-
er be authorized to cause to be issued to
the following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Clair L, Haas 2617 University Ave.
(Also Sunday Sales)
Amvets Post #3 36 West 4th St,
James R. Bainbridge 1375 Locust St,
The Lighthouse Corp- 2560 Dodge St,
Redstone Inc, 504 muH
Melvin A, Spiegelhalter
1029 'f, Main St.
(Sunday Sales Only)
Roger M, Beck 2776 Jackson at,
(Also Sunday Sales)
Passed, adopted and approved tbis
2Otb day of August 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 Tully moved adop-
tion of tbe Resolution. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager ad-
vising of receipt of a petition of tbe
International Operating Engineers be-
fore the IPR Board requesting a unit
deteITillnation and bargillning repre-
sentative determination for tbe purpose
of bargroning collectively with the City,
presented and read.
Council Member Tully moved that tbe
communication be received and filed.
Seconded by Council Member FRITOll.
Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
August 14, IV79
Honorable Mayor & City CÆ>undl
City Hall
Dubuque, Iowa
Approved
Adopted
Dear Council Members:
Claim waR filed against U".
!ž~~q~f~d~~~~ o~n;J~'eI¡,:i~/c' c I
claIming dam""g,CS"il1 ""I,' "',',',;I1I",',l'd -1 I
mount of $112,5R to his motor ",hide
roiegedly occut'ing on March 25, 1979 ""
a result of st1'Ìking a lal-ge .;i,uck-hole at I
;~.d:J~;~~~~Y'~~n~~hn F, KemR'd) i
' This ~t~; ;..~ r~ï~ITed to the City I A'¡'l']<;ST:
Legro Department whicb has made an
iuvestig,ation th,.,',cof and, eoofcrrod \\ith
the City Sh-ed Surenntcndent ,m<Ì
,\Oth d,';manL Umnnnl '
of
(nunc>! Memh:u'-,
373
Special Session, August 27, 1979
CITY COUNCIL
OFFICIAL
Special Session, August 27,1979.
Counell met at 4:30 P.M. (C.D.T.)
Present-Mayor Wertzberger, Coun-
cil Members Brady, Farrell, KinK,
Tully. City Manager W. Kenneth
Gearbart.
Mayor Wertzberger read the call and
stated that service tbereof had been
duly made and this Meeting is called to
DISCUSS STRATEGY RELATIVE TO
LABOR NEGOTIATIONS and acting
upon sucb otber business as may
properly come before a Regular
Meeting of the Council.
At 4:35 P.M. Council Member Tully
moved to go into Executive Session for
the purpose to discuss collective bar-
gillning strategy and to give guidance.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Counell
Members Brady, Farrell, King, Tully.
Nays-None.
A verbal request by City Manager
that City Staff be p1'esent in tbe
Executive Session was granted.
Council Reconvened in Regular Ses-
sion at 6:10 P.M. Mayor Wertzberger
announced that tbe City Manager had
been provided with furtber direction on
strategy of Labor Negotiations.
There being no further business,
Council Member Tully moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Leo F. Frommelt
City Clerk
1979
1979
Approved
Adopted
Council Members
ATTEST:
City Clerk
Special Session, August 29, 1979
374
CITY COUNCIL
OFFICIAL
Special session, August 29, 1979.
Council met at 4:37 P.M. (C.D.T.)
Preseot-Mayor Wertzberger, Coun-
cil Members Brady, Farrell, King,
Tully. City Manager W. Kenneth
Gearbart.
Mayor Wertzbcrger issued a VER-
BAL CALL TO DISCUSS STRATEGY
RELATIVE TO LABOR NEGOTIA-
TIONS AS ALLOWED UNDER CHAP-
TER 20.17 SUBSECTION 3 OF THE
1979 CODE OF IOWA.
At 4:37 P.M. Council Member Tully
moved to go into Executive Session for
the purpose of discussing Bargillning
Strategy. Seconded by Councll Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
Council reconvened in Regular Ses-
sion at 4:48 P.M. Mayor Wel'tzberger
announced that the City Manager had
been given further direction for Labor
Negotiation Strategy.
There being 00 further business,
Council Member Tully moved to ad-
journ. Seconded by Couocil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Leo F. Frommelt
City Clerk
Approved
1979
1979
Adopted
Council Members
ATTEST:
City Clerk