1979 October Council Proceedings
Regular Session, October 1, 1979
408
CITY COUNCIL
OFFICIAL
Regular Session, October 1, 1979.
Council met at 7:30 p.m.IC.D.T.)
Present-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuliy.
City Manager W. Kenneth Gearhart.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and this is THE REGULAR
MONTHLY MEETING of the Councii
called for the purpose of acting upon
such business as may properly come
before a Regular Meeting of the Coun-
cil.
Proclamations proclaiming week of
October 8, 1979 as "Worid Lions Service
Days", Month of October as "League of
Women Voters of Dubuque Month" and
October 31, 1979 between 5 P.M. & 8:30
P.M. as "Halloween Trick or Treat
Night" were read so prociaimed by
Mayor Wertzberger.
Communication of Attorney Clemens
submitting resolution for approval of
the Industrial Revenue Bonds to be
issued on behalf of Dubuque Supply
Company, also Loan Agreement, Mort-
gage & Security Agreement. presented
and read. Council Member Brady
moved that the communication be re-
ceived and filed. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady. Farrell, King.
Nays-None.
Abstain-Council Member Tully.
RESOLUTION NO. 247-79
ResoluDon Authorizing the Issuance
and sale of $410.000 Industrial Develop-
ment Revenue Bond. Series 1979 (Du-
buque Supply Co. Project)
WHEREAS, tbe City of Dubuque,
Iowa, a municipal corporation and po-
litical subdivision in the State of Iowa,
(the "Issuer") is authorized by Chapter
419 of the Cede of Iowa, 1979, as
amended (the "Act") to issue revenue
bonds and loan the proceeds of one or
more parties to be used to acquire lands
and to acqulre by construction or
pnrchase, buildings and improvements
thereon and equipment for the use of
any industry or industries for the
manufacturing, processing, ware-
housing, or assembly of any agricultural
or manufactured products for the pur-
pose of securing and developing in-
dustry; and
WHEREAS, the Issuer has made the
necessary arrangements with Dubuque
Supply Co. Ithe "Company"), an Iowa
corporation, for its acquisition of land,
buildings, improvements and eqwpment
Ithe "Project") iocated within the
boundaries of the Issuer, which will
employ substantial numbers of people
from and near the Issuer with a
resulting increased employment, sub-
stantial payrolls and other pnblic bene-
fits flowing therefrom; and
WHEREAS, the Issuer is willing to
issue its Industrial Development
Revenue Bond, Series 1979 IDubuque
Supply Co. Project) in the principal
amount of $410,000 (the' "Bond") to
finance the cost of the Project to that
amount and the Issuer will loan the
proceeds of the Bond to the Company
pursuant to the provisions of a Loan
Agreement, dated as of September 1,
1979, between the Issuer and the
Company (the "Agreement") , the obli-
gations of which will be sufficient to pay
the principal of and interest and pre-
payment premium, if any, on the Bond,
as and when the same shall be due; and
WHEREAS, the Issuer proposes to
sell the Bond upon a negotiated basis to
The First National Bank of Dnbnque,
Iowa (the "Lender") pursuant to a bond
purchase agreement of even date here-
with (the "Bond Purchase Agreement");
NOW, THEREFORE, be it resolved
by the City Council of the City of
Dubuque, Iowa, as follows:
DEFINITIONS
Section 1. AU words and phrases
defirwd in Article I of the Agreement
(hereinafter defined) shall have the
same meaning in this ResotutÙm, unless
otherwise expressly proWled in this
Sectùm 1. The foUowing words and
terms as used in this Resolution shall
have the foUowing meanings:
"Agreement" means the Loan Agree-
ment, dmed as of September 1, 1979,
by and between the IssWiT and the
Cmnpany, as fr<Ym t"ne to time
amended and supplemented.
"Bmui" means the fund authm-;zed to
be issued hereunder.
"Cmnpany" means Dubuque Supply
IÀ., an Iowa corparation, and its
eessars awl assigns and any S1fru;,
,'ebwÜng m- transferee curparatian as
provided in Sectùm 5-2 of the Agree-
ment-
The term "event of default" means
those events specified in and defined in
Sectùm 12 hereof.
409
Regular Session. October 1,1979
Regular Session, Octoher 1, 1979
410
"Resolutùm" means this Resolution.
"Revenues" means all amounts payable
pursuant to Section 4.2 I a) of the
Agreement and other arrwunts payable
under the Agreement and the Mortgage
which may be applied to the payments
of pri1wipøl ar interest ,on the Bond.
AUI'HOWZATION & PREPAYMENT
OF BOND
Section 2- That far the purpose of
firw:ru:ing the cost of the Project, there
shall be and there is hereby authorized
to be issued by the IsS1ær its Industrial
Deve/nprnenJ; Revenue Bond, Series
1979 (Dubuque Supply Co. Project) in
the pri1wipøl sum of $410,000, to ,be
dated its date of delivery to the Lender-
The Bmui shall be signed by the Mayor
and attested by the City Clerk of the
Issuer and tha seal of the Issuer shall be
oJ'fixed thereto and eu£h page thereof
may be initiaUed by the afarementÙmed
offù:ials. In case any official of the
IsS1ær whose signature shall appear on
the Bmui shall cease to be an official
before the delivery of S1l£h &nd such
signature shall nevertheless be valid
and sufficient for all purposes, the sarno
as if he had renua'ned in office untü
delivery.
The Bmui shall be payable, shall bear
interest, shall be subject to obligations
and aptùms far prepayment and shall
contain other terms and conditions, and
be in the farm, all as foUows:
United States of America
State of Iowa
County of Dubuque
City of Dubuque
Industrial Development Revenue Bond
Series 1979
( Dubuque Supply Project)
NoR-1 $410,000
KNOW ALL MEN BY THESE PRE-
SENTS, that the City of Dubuque,
State of Iowa, hereinafter called the
"Issuer", for value received, promises
to pay from the source aud as herein-
after provided, to the order of The First
National Bank of Dubuque, Iowa, or its
assigns, except as the provisions here-
inafter set forth with respect to pre-
paymeut prior to maturity may become
applicahle hereto, the principal sum of
Four Hundred and Ten Thousand
Dallars ($410,000), and in like manner
to pay interest on said sum from the
date hereof at the rate of Eight per cent
(8%) per annum, all of the afore-
mentioued principal and interest to be
payable in 180 equal monthly install-
ments of Three Thousand Nine Hundred
Nineteeu and 6O/1oo's Dullars
($3,919.60), commencing January 1,
1980, and on or before the first day of
each month thereafter, until the afore-
mentioned principal and interest have
been paid in full, both principal of and
premium, if any, and interest on this
Bond being payable in lawful money of
the United States of America at the
principal office of The First National
Bank of Dubuque, Iowa (the "Lender")
in Dubuque, Iowa. Each such monthly
payment shall be applied first to the
payment of interest and then to the
payment of principal. An additional
amount equal to the interest accrued on
the principal amount hereof from the
date hereof until December 1, 1979 shall
also be due and payable on January 1,
1980.
In addition, this Bond shall bear
interest on overdue payments of in-
terest and principal at the rate of 12 0/0
per annum until paid.
This Bond is issued under and secured
by and entitled to the protection of a
Resolution duly adopted by the govern-
ing body of the Issuer (the "Resolution")
for the purpose of funding a loau by the
Issue, to Dubuque Supply Co. (the
"Company"), an Iowa corporation in
order to finance the cost of acquisition
of land, a building, improvements and
equipment and other facilities suitable
for use as an industrial facility (the
"Project") located in Dubuque, Iowa,
and the payment of necessary costs
incidental thereto. Reference is hereby
made to the Resolution for a description
of the rights, duties and obligations of
the Issuer and the Lender and the
terms upon which the Bond is issued
and secured. The terms and conditions
of the acquisition and completion of the
Project by the Company, the loan of the
proceeds of the Bond to the Company
for such purpose, and the repayment of
said loan are contained in a Loan
Agreement, dated as of September 1,
1979, (which Agreement, as from time
to time amended and supplemented, is
hereinafter referred to as the "Agree-
ment").
This Bond is transferable by the
registered holder hereof in person or by
his attorney duly authorized in writing
at the principal office of the Lender but
only in the manner, subject to the
limitations and upon payment of the
charges provided in the Resolution.
This Bond is issued pursuant to and in
full compliance with the Constitution
and laws of the State of Iowa, parti-
cularly Chapter 419 of the Code of Iowa,
1979, as amended (the "Act"), and
pursuant to the Resolution. THIS
BOND IS NOT A GENERAL OBLIGA-
TION OF THE ISSUER NOR AN
INDEBTEDNESS OF THE ISSUER
WITHIN ANY CONSTITUTIONAL OR
STATUTORY LIMITATION, BUT IS A
LIMITED, SPECIAL OBLIGATION
PAYABLE SOLELY FROM
REVENUES DERIVED FROM THE
PROJECT, INCLUDING THE DEBT
OBLIGATION OF THE COMPANY
UNDER THE AGREEMENT, WHICH
OBLIGATION WILL BE SUFFICIENT
TO PAY THE PRINCIPAL OF AND
INTEREST AND PREMIUM, IF ANY,
ON THE BOND AS THE SAME
BECOME DUE AND PAYABLE. Such
payments have been and are hereby
duly pledged for that purpose. In
addition, the Bond is secured by a
mortgage of the Project under the
provisions of a certain Mortgage and
Security Agreement, dated as of Sep-
tember 1, 1979 (the "Mortgage") from
the Company to the Lender, and the
rights of the Issuer under the Agree-
ment have been assigned to the Lender
to secure the payment of such principal,
interest and premium, if any, under the
Resolution. Additional payments are
required to be made by the Company
under the Agreement sufficient to pay
the fees and expenses of the Lender in
connection with this Bond, taxes and
assessments relating to the Project and
reasonable expenses of the Issuer relat-
ing to the Project. THIS BOND AND
INTEREST AND PREMIUM, IF ANY,
THEREON DO NOT CONSTITUTE
AN INDEBTEDNESS OF THE
ISSUER WITHIN THE MEANING OF
ANY CONSTITUTIONAL OR STA-
TUTORY LIMITATION AND DO NOT
CONSTITUTE NOR GIVE RISE TO A
PECUNIARY LIABILITY OF THE
ISSUER OR A CHARGE AGAINST
ITS GENERAL CREDIT OR TAXING
POWERS.
This Bond is subject to mandatory
redemption at any time in prot in
inverse order of maturity at a re-
demption price of 100 % of the principal
amount thereof plus accrued interest to
the redemption date in the event of
damage to or destruction or condem-
nation of the Mortgaged Property or
any part thereof to the extent provided
in Section 7.5 of the Agreement and
Sections 7 and 8 of the Mortgage, or
from any moneys remaining in the
Construction FUnd to the extent pro-
vided in Sections 3.4 and 7.5 of the
Agreement.
This Bond is also subject to mandatory
prepayment in the event the Company
shall be obligated to prepay install-
ments payable under the Agreement in
whole and to cause the Bond to be
redeemed not later than 120 days
following the occurrence of any of the
following events:
la) The Mortgaged Property (as de-
fined in the Mortgage) or a sub-
stantial portion thereof shall have been
damaged or destroyed to such an
extent that the Company deems it not
practicable and desirable to rebuild,
repair and restore the Mortgaged
Property; or .
Ib) There is condemnation of all or sub-
stantially all of the Mortgaged Pro-
perty or the tsking by eminent domain
or such use or control of the Mort-
gaged Property so as to render the
Mortgaged Property unsatisfactory to
the Company for its intended use; or
(c) The Agreement shall have become
void or uneuforceable or impossible
of performance; or
(d) Interest on the Bond shall become
subject to Federal income taxation as a
result of any event other than by
virtue of the occurrence of an Event of
Taxability (as defined in the Agree-
ment), or pursuant to subsection 103
(b) (8) of the Internal Revenue Code or
any successor provisions of similar im-
port hereinafter enacted) including any
change in the Constitution or laws of
the United States or the State of Iowa;
or
(e) The occurrence of a Determina-
tion of Taxability (as defined in the
Agreement).
If called for prepayment in any event
specified in (a), Ib), (c) or (d) above,
this Bond shall be subject to pre-
payment by the Issuer at any time in
whole at a prepayment price of 100%
of the principal amount thereof plus ac-
crued interest to the redemption date.
If called for prepayment due to the
provisions specified in (e) above, this
Bond shall be subject to prepayment by
the Issuer at any time in whole at a
prepayment price of 100 % of the
principal amount thereof plus accrued
interest to the redemption date plus a
premium equal to the greater of:
(i) the interest accrued on the Bond se
prepaid for the period commencing upon
the occurrence of the Event of Tax-
ability and ending on the prepayment
date, (ii) 5 % ofthe principal amount of
the Bond so prepaid, Any person who
was a holder of the Bond or any part
thereof with respect to any principal
amount of the Bond, outstanding at the
time of an Event of Taxability, but
which matured or was prepaid prior to
the prepayment of the Bonds due to a
Determination of Taxability shall, be
entitled to a premium equal to interest
accrued on the principal of this Bond
which matured or was prepaid on or
after the Event of Taxability and on or
prior to the date of prepayment pur-
suant to the Determination of Taxa-
411
Regular Session. Octoher 1. 1979
bility, during the period commencing on
the date of the occurrence of the Event
of Taxability aud ending the date or
dates on which the said principal
matured or was prepaid.
This Bond is also subject to prepay-
ment at the option of the Company prior
to maturity on any installment payment
date on or after December 1, 1980
following thirty days' prior written
notice to the Lender in whole or in part
in the inverse order of principal
maturity at the prepaymeut price of
100 % of the principal amount prepaid
plus accrued interest to the prepayment
date.
In the event the principal of this Bond
is prepaid as aforesaid, the principal so
prepaid will cease to bear interest on
the specified prepayment date, pro-
vided funds for such prepayment are on
deposit at the place of payment at the
time. Prepayment of any amounts
hereunder shall not reduce or relieve
the obligation of the Company to pay
installments under the Agreement until
all of the remaining interest and prin-
cipal have been paid or provisiou for its
payment has been made in accordauce
with the Resolution. When the entire
principal of, premium, if any, and
interest on this Bond have been paid,
this Bond shall be cancelled and be
delivered to the Company by the
Lender.
In certain events, on the conditions, in
the manner and with the effect set forth
in the Resolution, the principal install-
ments of this Bond may become or may
be declared due and payable before the
stated maturity thereof, together with
interest accrued thereon. The Resolu-
tion prescribes the manner in which it
may be discharged.
Modifications, alterations or amend-
ments of the provisions of the Resolu-
tion may be made ouly to the extent and
in the circumstances permitted by the
Resolutiou.
It is hereby certified, recited and
declared that all acts, conditions and
things required to exist, happen and be
perfonned precedent to and in the
issuance of this Bond do exist, have
happened and have been performed in
due time, fonD and manner as reqwred
by law; that the issuance of this Bond
and the issue of which it forms a part,
together with all other obligations of
the Issuer, does not exceed or violate
any constitutional or statutory limita-
tion.
This Bond is issued with the intent
that the laws of the State of Iowa will
govern its construction.
IN WITNESS WHEREOF, the City of
Dubuque, Iowa, has caused this Bond to
be executed in its name by the manual
signature of the Mayor and its official
seal to be affixed hereon and attested
by the manual signature of the City
Clerk and each page to be initialled by
its undersigned officials, all as of this
~ day of
1979.
CITY OF DUBUQUE, IA
By
Mayor
ATTEST:
City Clerk
(Seal)
This Bond has not been registered'
under the Securities Act of 1933, Iowa
Unifonn Securities Act or the securities
laws of any other jurisdiction and may
be offered, sold or transferred only if
registered pursuant to the provisions of
the Iowa Unifonn Securities Act or in
any other jurisdiction in which regis-
tration may be reqwred, unless an
exemption from registration is
available.
FOR VALUE RECEIVED,
The undersigned sells, assigns and
transfers unto
the within Industrial Development
Revenue Bond, Series 1979 (Dubuque
Supply Co. Project), of the City of
Dubuque, Iowa.
Dated:
IN THE PRESENCE OF
BOND A LIMITED OBLIGATION
Section 3. The &nd together with
interest thereon, is not a general
obligation of the Issuer, but is a limited,
special obligaiion payable solely fr<Ym
the Revenues and other amounts deriv-
ed jr<Ym the Project which may be
applied for such purpose Itxcept to the
extent paid out of moneys attributable
to the proceeds derived fr<Ym the sale of
the Bond ar to income jr<Ym the
temporary investment thereofl and
shall be a valid claim of the respective
holders thereof rmly against the Con-
strw:tùm Fund, the Revenues and other
amounts derived fr<Ym the Project,
which Revenues, Constrw:tion Fund
and other amaunts are hereby pledged,
assigned and otherwise secured for the
Regular Session, October 1, 1979
412
equal and ratable payment of the Bond
and shall be used far no other purp<>se
than to pay the principal of, premium, if
any, ond Interest on the Bond except as
may be otherwise expressly authorized
!n this Resolutùm. The Bmui and
'nterest and premium, if any, thereon
shall not constitute an indebtedness of
the Issuer within the meaning of any
constitutiond or statutary provision and
ooes not constitute nar give rise to a
pecuniary Uobility of the Issuer or a
charge against its general ""edit ar
taxing powers.
CUSTODY AND APPLICATION
OF PROCEEDS OF BOND,
CONSTRUCTION FUND
Section 4, There is hereby ""eaied and
established with the Lender, which is
hereby constituted and appointed as
depositary far the Issuer, a special fund
in the name of the Issuer to be
designated "City of DubuqWi, Iowa,
Industrial Development Revenue Bond
(Dubuque Supply Co. ProJect) Con-
strw:tùm Fund". The proceeds received
by the Issuer upon the sale of the Bond
shall be deposited In the Constrw:tion
Fund, Moneys In the Constrw:tion
Fund shall be expended rmly in /Wcar-
oonce with the provisions of the Agree-
ment, and particukLrly Section 3.3
thereof, and the provisions hereof
Moneys in the Constrw:tion Fund,
inclnding investment earnings, shall be
expended on orders drawn by the
Authorized Company Representative
specifying with respect to e/Wh payment
to be made:
(a) The requisition number and oote:
( b ) The name and address of the per-
son, firm or corporation to wh<Ym pay-
1lW1Ú is due 0,. has been made,
which rrwy inclnde the Company:
( c) The amaunt to be paid ar which
has been paid ana evidence of the same
whether by Invoice, statement far
services or otherwise which shall be
attached,
(d) The purpose far which the obli-
gatùm to be paid was incurred,
( e) That no event of default has oc-
curred hereunder which has not been
remedied:
If) That e/Wh obligaiion mentioned
therein has been properly incurred, is
far a proper expense of the Project In-
curred snbsequent to June 27, 1979
and has not been inclnded in a former
requisition and that all of the proceeds
of the Bonds are being used to pay
the Costs of the Project, and
(g) S""h adÆtiond supporting docu-
mentatùm as the Lender rrwy reason-
ably require in ardor to better assure
itself as to the amount and purpose of
the disbursement and the priority of
the Mortgage. The Cmnpany agrees
thai e/Wh disbursement request will be
/wc<Ympaǹd by a receipt and partial
lien waiver from the contr/Wtar and
e/Wh subcontractar far work in pla£e
and mnJ;eriohJ supplied by them which
were paid far pursuant to the preced.
!ng disbursement request, ond such
other supporting evidence as rrwy be
reasonably requested by the Lender to
substantiate all payments which have
theretofore been made with respect to
the Project or which are to be mmle
with the disbursement request. At the
time of the final disbursement request
the C<Ympany agrees to furnish final
lien waivers fr<Ym the contractar and
e/Wh subcontr/Wtar, if reqWisted by the
Lender and s""h other rrwtters of the
Lender shall reasonably request.
The Lender is hereby authorized and
directed to make e/Wh disbursement re-
qu!red by the provisions of the Agree-
ment and this Sectùm and to issue its
checks therefar.
The Lender, as depositary, sholl keep
and rrwintain adequate recorde pertatn-
Ing to the Cøustrw:tion Fund and all
disbursements therefr<Ym Investment
earnIngs shall be separately /Wcounted
for as provided In Section 8) and after
the Project has been c<Ympleted and a
certificate of payment of all costs filed
as provided In Sectùm 3.4 of the
Agreement, the Lender shall upon
written request by the C<Ympany deliver
a sumrrwry of its disbursements to the
C<Ympany.
ACQUlsmON OF PROJECT &
PAYMENT OF AMOUNTS
UNDER THE AGREEMENT
Section 5. It is the declared
of the Issuer to authorize the to
disburse the proceeds of the lkmd In
order to enable the Company to /Wquire,
by construction or purchase, the Project
under and pursuant to the Agreement
in the form which has been presented to
and is hereby approved by the govern-
ing body of the Issuer and which is not
on file In the official recards of the
Issuer,
The Mayar is Iwreby authorized to
execute and /Wk>wwledge said Agree-
ment far and on behalf of the Iss'Wir,
and the City Clerk is hereby authorized
to aitest the same and to ofJi;x; thereto
the seal of the Issuer.
The Agreement praWles that the
C<Ympany shall remit the required loan
repayment installments thereunder di-
rectly to the Lender for the account of
the Issuer for the payment when due
414
Regular Session, Oetoher 1, 1979
Regular Session, October 1,1979
413
standing ¡mnc;pal U1rwunt of the Bond
and the interest accrued thereon to the
dme of payment immedÙltely due and
payable, and such ¡mnc;pal installments
and interest shall thereupon become
and be immedÙltely dWi and payable,
Upon any such declaratùm, all pay-
ments under the Agreement fr<Ym the
C<Ympany immedÙltely shall become due
and payable as provided in Section 6.2
of the Agreement.
While any principal installments of the
Bmui ar Interest are unpaid, the IssWir
shall nat exercise any of the remedies
on default specified In Section 6.2 of the
Agreement without prior written con.
sent of the Lender.
Upon the occurrence of an event of
default, the Lender may pursue any
available remedy at law or in equity by
suit, action, ma:ndamus or other pro-
ceedIng to erifarce the payment of the
principal installments, prenuum, if any,
and ,nterest on the Bmui and to en farce
and c<Ympel the perforrrw.nce of the
duties and obligations of the Issuer as
herein set farth.
No remedy by the terms of this
Resolution conferred upon or reserved
to the Lender is intended to be
exclusive of any other remedy, but each
and every such remedy shall be cumula-
tive and shall be in addition to any other
remedy given to the Lender or to the
holders of the Bond under this Resolu-
tion, the Agreement, the Mortgage or
now or hereafter existing at law or in
equity or by statute.
No delay or omission to exercise any
right, power or remedy accruing upon
any event of default shall impair any
such right, power or remedy or shall be
construed to be a waiver of any such
right, power or remedy may be exercis-
ed from time to time as often as may be
deemed expedient.
All moneys received pursuant to any
right given or action taken under the
provisions of this Section or the Mort-
gage or under the provisions of Article
VI of the Agreement (after payments of
the costs and expenses of the proceed-
ings resulting in the collection of such
moneys and of the expenses, liabilities
and advances incurred or made by the
Issuer and the Lender) and all moneys
in the Construction Fund at the time of
the occurrence of an event of default
shall be applied to the payment of the
principal installments, premium, if any,
and interest then due and unpaid upon
the Bond to the person or persons
entitled thereto-
Whenever moneys are to be applied
pursuant to the provisions of this
Section, such moneys shall be applied at
such times, and from time to time, as
the benefit of the owners of the Bond.
The Issuer shall protect the rights of
the Lender hereunder with respect to
the assignment and pledge of the
Revenues and receipts coming due
under the Agreement, and the rights of
the Lender under the MW'tgage.
The Issuer further covenants and
agrees tIUlt shoold there be a default
under the Agreement, the IssU£r shall
fully cooperate with the Lender to the
end of fully protecting the rights and
security of the Lender thereunder,
hereunder and 'under the Martgage,
Nothing herein shall be ccmstrw;d as
requiring the Issuer to operate the
Project or to use any funde ar revenues
jr<Ym any source other than the Con-
st1'l1.Ction Fund and the Revenues de-
rivedfr<Ym the Agreement.
Internnl Revenue Code and any
reguhJiions proposed ar pr<Ymulgated
thereunder.
(whether at stated maturity, prepay-
ment or acceleration) of the principal of,
prepayment premium, if applwable, and
interest on the Bmui and such direct
payment and application is hereby
expressly approved.
GENERAL COVENANTS
Section 8. The Issuer covenants that it
win pr<Ymptly cause to be paid solely
and only from the Revenues, the
principal of, premium, if any, and
interest on the Bond hereby authorized
at the place, on the dates arul in the
numner provided here,n and in the Bond
accarding to the trw; intent and mean-
ing thereof, NothIng in the Bond or this
Resolution shoold be consùlered as
assigning W' pledging any other funde or
assets of the Issuer other than snch
Revenues, the Construction Fund and
the right, title and interest of the Issuer
in the Agreement in the manner and to
the extent herein specified.
The Issuer covenants that it wiU faith-
fully perform at all times any and all
covenants, undertakings, stipulations
and provisions contained in this Resolu-
tion, in the Bmui and in all proceedings
of its governing body pertaining there-
to.
The Issuer covenants that it wiU
execute, ack:IWwledge and deliver snch
instruments, fi=ng statements and
other dacuments as the Lender may
reasonably require far the better as-
suring, pledging and assigning unto the
Lender the rights of the Issuer in and to
the Revenues and receipts hereby
assigned and pledged to the payment
of the principal of, prendum, if any, and
interest on the Bond; provùled, how-
ever, that except ffYT' the obligations set
forth in the Bmui, the Issner shall nat
be obligated to toke any action ar
execute any instrument pursun:nt to any
prfWision hereof ar the Agreement until
it shall have been requested to do so by
the Cmnpany ar the Lender, ar shall
have received the instrument to be
executed and" at the Issuer's optùm,
shall have received jr<Ym the Cmnpany
ar the Lender assurance satisfactary to
the Issuer that the Issuer shall be
reimbursed fW' its reasonable expenses
incurred fYT' to be incurred in connection
with the taking of such action ar
executing such instr/13TlCnt. The Issuer
covenants and agrees that, except as
hereIn and in the Agreement provided,
it wiU nat seU, convey, nurrtgage,
encumber ar otherwise dispose of any
part of the Revenues, the Construction
Fund" fYT' of its rights under the
Agreement-
The Issner covenants and agrees that
it shall, through the Lender, erifarce all
of its rights and all of the obligations of
the Cmnpany under the Agreement ffYT'
ASSIGNMENT & PLEDGE
Section 6. As security far the due and
punctual payment of the principal in-
stallments of and interest on the Bond
hereby authrJrized the Issuer hereby
assigns and pledges to the Lender all
Revenues, the Construction Fund and
all rights, title, interest and remedies of
the Issuer in and to the Agreement
(except the right to receive payments,
if any, under Sections 1,-2 (c\ 5.5 and
6.3 thereof) and to enffYT'ce payment
thereof, and grant a security interest
therein far the benefit of the Lender.
INVESTMÈNTS; ARBITRAGE
EVENTS OF DEFAULT &
REMEDIES
Secûon 9. If any of the foUowing
events occur, it is hereby defined as and
declared to be and to constitute an
"event of default":
( a) Default in the due and punctual
payment of interest on the Bond;
I b ) Default in the due and punctual
payment of the principal of, ar
premium, if any, on the Bond, whether
at the stated maturity of any install-
ment thereof W' upon proceedings far
prepayment thereof;
(c) Default in the performance or ob-
servance of any other covenant, agree-
ment or condition on the part of the
Issuer ,n this Resolutùm or in the Bond
contained; proWled that the same
shall constitute an event of default un-
til actualnatice of such default by re-
gistered ar certified nual shall be given
to the Issuer and the C<Ympany by the
Lender and the Issuer and the C<Ym-
pany shall have had thirty days after
receipt of such natice to correct said
default ar cause said default to be car-
rected, and shall nat have carrected
said default or caused said default to
be carrected with,n the applicable
period; prfWided, further, if said de-
fault be sach that it cannat be cor-
rected within the applicable period, it
shall not constitute an event of de-
fault if carrective action is instituted
within the applicable period and dili-
gently pursued until the default is
carrected;
(d) The occurrence of an "event of de-
fault" under the Agreement ar the
Mortgage;
Upon the occurrence of an event of de-
fault and so long as snch event is
continuing, the Lender by natice in
writing delivered to the Issuer and the
C<Ympany, may dec/n:re the entIre ont-
Section 7. Any numeys hel1l as part of
the Cøustructùm Fund shall be invested
and reinvested by the Lender in acCfYT'-
dance with the proviswns of Section 3.5
of the Agreement. Any sach invest-
ments shall be hel1l by ar under the
control of the Lender and shall be
deemed at all times a part of snch fund.
The Interest accruing thereon and any
profit realized fr<Ym such investments
shall be credited to and any loss
result,ng fr<Ym snch investments shall
be charged to sach fund. Interest
accruing on any reinvestment of ,,!Vest-
ment earnings and any profits realized
fr<Ym the Cøustructùm Fund and any
losses resulting therefr<Ym shall be
acconnted far with the investment
earnings. The Lender shall seU and
redu£e to cash a sufficient arrwunt of
su£h investments of the Constructùm
Fwnd whenever the cash balance in the
Cøustruction Fund is insufficient to pay
a payment fYT'der when presented fYT'
whenever the payments by the C<Ym-
pony are insufficient to pay the ¡m1wi-
pal of, premium, if any, and interest on
the &nd when due.
The Issuer and the Lender covenant
and certify to each other and to and far
the benefit of the Purchasers of the
Bmui that no use wiU be 'TI'IIUle of the
proceeds jr<Ym the issue and sale of the
Bmui which wiU cause the Bmui to be
classified as an "arbitrage bond" withIn
the meaning of Section 103 (c) (2)of
the Internnl Revenue IÀde. Pursuant
to snch covenant, the Issuer and the
Lender jointly and severally obligate
themselves to c<Ymply throughout the
term of the issue of the Bond with the
requirements of Section 103 (c) of the
415
Regular Session, Octoher 1, 1979
the Lender shall determine, but in any
event within 5 business days after
receipt thereof. The Lender shall give
such notice as it may deem appropriate
of the deposit with it of any such
moneys and of the fixing of any such
date, and shall not be required to make
payment to the owner of any participa-
tion interest in the Bond until such
certificate of participant shall be pre-
sented to the Lender for appropriate
endorsement or for cancellation if fully
paid.
Whenever all principal installments,
premium, if any, and interest on the
Bond and any other amounts secured by
the Mortgage shall have been paid
under the provisions of this Section and
all expenses of the Lender and the
Issuer have been paid, any surplus shall
be repaid to the Company.
With regard to any default conceruing
which notice is given to the Company
under the provisions of this Section, the
Issner hereby grants the Company full
authority for account of the Issuer to
perform or observe any covenant or
obligation alleged in said notice not to
have been performed or observed, in
the name and stead of the Issuer with
the full power to do any and all thinga
and acts to the same extent that the
Issuer could do in order to remedy such
default.
SALE OF THE BOND:
EXECUTION OF DOCUMENTS
Section 10. The sale of the Band
hereby authorized to the Lender at a
price of par and paument pursuant to
the Bmui Purchase Aqreement is here-
by in all respects authm-ized, approved
and confirmed.
The Mayar is hereby authorized and
directed to execute said Band Purchase
Agreement far and on behalf of the
IsS1ær.
PERFORMANCE PBOVISIONS
Section 11- The Mayar and Oity Clerk,
far and on behalf of the IsS1ær be, and
each of them hereby is, authorized and
directed to dJJ any and all things
uecessary to effect the perfarmance of
all obligations of the Issuer under and
pursuant to this Resolution, the execu-
tion and delivery of the Bmui and
the perfarmance of all other acts confer-
red by this Resolutùm. The Mayar and
Oity Clerk be, and they are hereby,
farther authorized and directed far and
on behalf of the IsSU£r, to execute all
papers, dJJcuments, certificates and
other instruments thal may be reqvired
far the carrying out of the authority
conferred by this Resolution or to
eviderwe said authority and to exercise
and otherwise take all necessary action
to the taU realization of the rights,
acc<Ymplishments and purposes of the
Issuer under the Agreement and to
discharge all of the obligations of the
Issuer under the Agreement.
DETERMINATION OF
WAN REPAYMENTS
Section 12. Pursuant to the require-
ments of the Act, it is hereby found and
determined that the amounts necessary
in each year to pay the prirwipal of and
the interest on the Bond is the amount
set forth in Sectùm 4.2 of the Agree-
ment, which by this refererwe is in-
carparated in this Resolution. No
amounts are necessary to be poid into
any reserve funds far the retirement of
the Bmui. The Agreement provides
that the Cmnpany shall maintain the
Project and carry all proper insurarwe
with respect thereto.
NOTICES
Section 13. It shall be sufficient
service of any notice ar other paper on
any party if the same shall be duly
mailed to that party by registered or
certified mail addressed to that party at
the respective address set forth in the
Mortgage, ar such address as may fr<Ym
time to time be filed with the other
parties.
RESOLUTION A CONTRACT:
PROVISIONS FOR MODIFlCATIONS.
ALTERATIONS & AMENDMENTS:
ASSIGNMENT
Section 14. The provisions of this Re-
solution shall constitute a contract
between the Issuer and the Lender; and
after the issuarwe of the Bmui no
modification, alteratÙm, ar amendment
ar supplement to the provisions of this
Resolution shall be mmIe in any manner
except with the written consent of the
Lender until such time as all principal
of, premium, if any, and interest on the
Bond shall have been pald in taU.
The rights and interest of the Lender
herein and to the Bond may be assigned
by the Lender without the necessity of
consent of the C<Ympany ar the Issuer.
SATISFACTION & DISCHARGE
Section 15. AU rights and obligations
of the Issuer and the C<Ympany under
the Agreement, the Bond and this
Resolution shall terminate and such
instruments shall cease to be of farther
416
Regular Session, Octoher 1, 1979
effect, and the Lender shall carwel the
Bond, deliver it to the C<Ympany, and
deliver a copy of the carweUed Band to
the IssWir, and the Lender shall execute
and deliver all appropriate Instruments
eviderwing and acknowledging the
satisfaction of this Resolution, execute
an approprate release of the Martgage
when:
(a) all expenses of the Issuer and the
Lender shall have been paid;
I b) the IsS1ær and the Company shall
have perfarmed all of their covenants
and pr<Ymises in the Agreement, the
Martgage, the B<mJi, and In this Re-
solution; and
( c ) all prirwipal of, premium, if any,
and interest on the Band have been
pald or there shall have been deposited
with the Lender either cash in an
amount which shall be sufficient, or
investments Iþut only to the extent that
the taU faith and cr-edit of the United
States of America are pledged to the
timely payment thereof) the prirwipal of
and interest on which, when due, wiU
prlYVide moneys which, together with
the moneys, if any, deposited with the
Lender, shall be sufficient to pay when
due the prirwipal or prepayment price,
if applicable, and interest due and to
become due on the Bmui and prior to
the prepayment dJJte ar the maturity
dme thereof, as the case may be. Pro-
vided, however, none of the prirwipal of
the Bmui may be advarwed refunded if
under any circumstarwes the interest on
the prirwipal to be refunded woaid be
subject to Federal irwome taxation. In
determining the faregoing, the Lender
may rely upon an opinion of a nationally
recognized firm of municipal band at-
tarneys to the effect that interest on the
Bmui wiU not be subject to Federal
irwome taxation, notwithstanding the
satisfaction and discharge of this Re-
solution.
SEVERABILITY
Section 16. If any section, paragraph,
c/n,use or provision of this Resolution
shall be ruled by any court of c<Ympetent
jurisdiction to be invalid, the invalidity
of such sectùm, paragraph, c/n,use or
provision shall not affect any of the
remoining provisions hereof
CAPI10NS
Section 17- The captions or headings
of this Resolution are far convenierwe
only and In no way define, limit ar
describe the scope ar intent of any
provision of this Resolution
SUNDAYS & HOLIDAYS
Section 18. In any case where the dJJte
of maturity of interest on or prirwipal of
the Bmui ar the date fixed far prepay-
ment thereof shall be a holiday ar a dJJy
on which banking Institutions are
authorized by /n,w to close, then pay-
ment of prirwipal, premium, if any, or
interest need not be mmIe on such dJJte,
but may be mmIe on the next succeed-
Ing business dJJy but in such event
interest shall continue to accrue until
the actunl dJJte of payment.
PROVISIONS IN
CONFLICT REPEALED
Secûon 19. All resolutions and arders,
or parts thereof, in conflict with the
provisions of this Resolution are, to the
extent of such conflict, hereby repealed,
and this Resolution shall be effective
Immediately upon its adoptùm and
approval.
Passed and approved this 1st day of
October, 1979.
Richard Wertzberger,
Mayor
ATTEST:
Leo F. Frommelt
City Clerk
STATE OF IOWA
CITY OF DUBUQUE
SS:
I, the undersigned, being first duly
sworn, do hereby depose and certify
that I am the dilly appointed, qualified
and acting Clerk of the aforementioned
City and that as such I have in my
possession, or have access to, the
complete official records of said City
and of its Council and officials; that I
have carefuily compared the transcript
hereto attached with the aforesaid
official records; and that said transcript
hereto attached is a true, correct and
complete copy of all the official reeords
in relation to the adoption of the
Resolution authorizing the issuance and
sale of a $410,000 Industrial Develop-
ment Revenue Bond, Series 1979 (Du-
buque Snpply Co. Project).
WITNESS my hand and seal of said
City hereto affixed this 1st day of
October, 1979.
Leo F. Frommelt
Clerk
(Seal)
BOND PURCHASE AGREEMENT
October 1, 1979
Honorable Mayor and City Council
418
Regular Session, October 1, 1979
Regular Session, October 1,1979
417
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Allan Carew, on behalf of
his client, requesting postponement of
all action on petition submitted by
Schiltz Development Corp. for vacation
of highway right of easement, present-
ed and read.
Allan Carew addressed the Council
stating this is a serious matter to their
client. Council Member Tully moved
that the petition of Allan Carew 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.
RESOLtmONNO.249-79
Into a LeWie Agreement by and be-
tween the BOARD OF DOCK COM-
MISSIONERS of the City of Dubuque,
Iowa, Wi Lessar, and KATUIN
BROTHERS INCORPORATED, an
Iowa Corporation, Wi Lessee, covering a
tract of !J.Lnd fully described in said
Lease Agreement, and the terms and
cmuJjtions therein set out, a copy of
which is hereto attached and by
reference mJJJk a part hereof as though
fully set out herein, be and the same is
hereby approved under said terms and
cmuJjtions.
Section 2. That the Mayar and the
City Clerk be and they are hereby
authrYrized and directed to execute said
Lease Agreement far and on belwlf of
the City of Dubuque, Iowa,
Section 3. That the City Clerk be and
he is hereby directed to file a certified
copy of this Resolutùm in the office of
the Dubuque County Recorder and the
office of the City Assessar.
Passed, approved and adopted this 1st
day of October, 1979-
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abstain-Council Member Tully.
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing to consider approval of a Lease
Agreement, City of Dubuque Dock
Commission and Katuin Brothers Inc.
presented and read. No written objec'
tions were filed and no oral objectors
were present in the Council Chamber at
the time set for the hearing.
Council Member moved that the proof
of publication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
City of Dubuque
Dubuque, Iowa
Upon the terms and conditions here-
inafter set forth, the undersigued here-
by agrees to purchase from the City of
Dubuque, Iowa (the "Issuer") and the
Issuer hereby agrees to sell to the
undersigned, its Industrial Develop-
ment Revenue Bond, Series 1979
(Dubuque Supply Co. Project) in the
principal amount of $410,000 (the
"Bond") to be issued under the Resolu-
tion of the governing body of the Issuer
duly approved and adopted on the date
hereof (the "Resolution"), bearing in-
terest, maturing, subject to prepay-
ment and otherwise conforming to the
specifications set forth in the Bond and
the Resolution.
This Agreement is conditioned upon
there being furnished to the under-
signed on the date of delivery of the
Bond (1) the opinion of Belin, Harris,
Helmick & Lovrien, Des Moines, Iowa,
Bond Counsel, reciting that the Bond
has been dniy authorized, executed and
delivered by the Issuer and is a legal
and binding instrument according to its
terms and the terms of the Resolution;
and that the interest on the Bond will
be exempt from all federal income
taxes, except with respect to "substan-
tial users" or "related persons"; and (2)
a certified transcript of proceedings
satisfactory to Belin, Harris, Helmick &
Lovrien, Des Moines, Iowa, Bond Coun-
sel, evidencing the authorization and
issuance of the Bond by the Issuer and
such other certifications, documents and
opinions of other counsel as may be
reqwred by Belin, Harris, Helmick &
Lovrien.
This Agreement is further condi-
tioned upon satisfaction by Dubuque
Supply Co. (the "Company") of the
terms and conditions of the commitment
letter relating to the Bonds, which
remains in full force and effect.
All expenses and costs of the Issuer
incident to the performance of its
obligations in connection with the au-
thorization, issuance and sale of the
Bond to the undersigned shall be paid
from the proceeds of the Bond or by the
Company.
FIRST NATIONAL BANK
OF DUBUQUE, IOWA
By J. Bruce Meriwether
Preaident
Executive Vice President and Cashier
Accepted by Resolution of the City
Council of the City of Dubuque, Iowa,
adopted on the date hereof.
CITY OF DUBUQUE, IOWA
By Richard Wertzberger
Mayor
WHEREAS, there has been presented
to the City Councll of the City of
Dubuque, Iowa, the Financial Report,
City of Dubuque, Iowa, Fire & Police
Retirement Systems for the fiscal year
ended June 30,1979; and
WHEREAS, the City Council, City of
Dubuque, Iowa, has examined same and
finds that said report should be ap-
proved.
RESOLtmON NO. 248-79
WHEREAS, pursuant to Resolution
and published notice of time and place
of hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion, published on September 21, 1979,
in the City of Dubuque, Iowa, the City
Council of the City of Dubuque, Iowa
met on the 1st day of October, 1979, at
7:30 0' clock P.M. (CDT) in the City
Council Chambers in the City Hall,
Dubuque, Iowa to consider the proposal
to enter into a Lease Agreement by and
between the BOARD OF DOCK COM-
MISSIONERS of the City of Dubuque,
as Lessor, and KATUIN BROTHERS,
INCORPORATED, an Iowa Corpora-
tion as Lessee, for certain land situated
near the easterly end of Dodge St.
along on the east side of Terminal
Street and known as Tract "B" and
Tract "C" in Dubuque Harbor Co's
Addition in the City of Dubuque, iowa,
containing .384 acres, more or less, a
copy of which Lease Agreement is
attached hereto, and by reference made
a part hereof as though fully set out
herein; and
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
ATI'EST:
Leo F. Frommelt
City Clerk
Council Member Tillly 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.
Petition of Schiltz Development Co.
requesting vacation of highway right-of-
way easement in Lot 1 of 1 of 2 of
Bryne's Sub., said highway right of
easement is of no further use to the City
presented and read.
Council Member Farrell moved to
suspend the rilles to let anyone present
address the Council if they so desire.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tillly.
Nays-None.
Attorney Leo McCarthy, on behalf of
~t~~n ~;~ ~:ti~; t f::';; aby~k ~on~ d~~e
ation.
Council Member Tully moved that the
petition of Schiltz Development Co. be
returned to the City Manager for
additional study. Seconded by Council
Member Farrell. Carried by the
following vote:
Section 1. That the FI'nancio1 Report,
City of Dubuque, Iowa, Fire & PoUce
Retirement Systems far the fiscal year
ended June 30, 1979, presented to the
City Council of the City of Dubuque,
Iowa, be and the same is hereby
approved.
Passed, approved and adopted this 1st
day of October, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael Kin¡¡
James E. Brady
Carolyn Farrell
Council Members
ATI'EST:
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 City of Council
Bluffs, Iowa, requesting support in the
passage of a resolution to request the
League of Municipalities to petition the
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to
the proposal to grant said Lease Agree-
ment under the terms and conditions of
said Loase Agreement set out therein;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Secûon 1. That the proposal to enter
419
Regular Session, October 1,1979
Regular Session, October 1. 1979
420
State Legislature to allow local goveru-
ments to control dissemination of porno-
graphic material within their own jurIs-
dictions, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seeonded by Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 250-79
WHEREAS, the State Code of Iowa
limits the authority of cities to regulate
the sale and availability of obscene
material; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, feels it is
necessary for this control to be in the
hands of local goveruments; and
WHEREAS, a change of this nature
would require a change in the State
Law, accomplished by the Legislature;
and
WHEREAS, the City of Dubuque,
Iowa is a member of the Iowa League of
Municipalities, an organization of cities
throughout the State of Iowa:
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the City Council of Dubuque,
Iowa, requests tbe cooperation of all
cities in the State of Iowa and the Iowa
League of Municipalities in petitioning
the Legislature to cbange the State law
and allow local governments to control
the dissemination of Pornographic
materials within their own respective
jurisdictions.
Passed, adopted and approved this 1st
day of October, 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 adoption
of the Resolution. Seconded by Mayor
Wertzberger- Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, Kiing, Tully.
Nays-Council Member Brady.
Petition of the Dubuque Bicycle Ciub
-
requesting revision of Chapter 9 of the
Code of Ordinances; alter the current
registration procedure; allocate funds
for the provision of safe bicycle lanes
along arterial streets and secure park-
ing facilities, presented and read.
Wm. Hesse of the Bicycle Club spoke
to the petition.
Council Member Tully moved that the
potition be referred to the City
Manager and he be requested to inter-
view members of the Bicycle Club and
other interested members of com-
munity. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Dubuque Y's Men's Club
requesting approval to conduct the
annual Halloween Parade on Tuesday,
October 30, 1979, presented and read.
Council Member Tully moved that
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.
Petition of Dubuque Duwntown Ass'n.
requesting permission to conduct an Old
Fashioned Christmas Parade in down-
town Dubuque on November 23, 1979,
presented and read.
Council Member Tully moved that the
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.
Petition of Loras Homecoming Com-
mittee reqnesting permission to conduct
a bonfire in the Rock Bowl on October
12, 1979, presented and read.
Council Member Tully moved that the
request be approved subject to imple-
mentation 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.
Communication of City Manager re-
commending that the Ordinance be
euforced and that tbe owner of
premises located at 1750 Miller Road,
owned by George Connelly, be reqtrired
to dismantle said structure and clean up
tbe premises, presented and read.
Council Member Tully moved that the
communication be received and filed
and public hearing be set for November
5, 1979 at 7:30 P.M. in the Council
Chambers.
Communication of Planning & Zoning
requesting favorable consideration of
approval of plat of Viola F. Lex sub-
dividing property along Middle Road in
Dubuque County, presented and resd,
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote: ,
Yeas-Mayor Wertz berger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLU110NNO.251-79
A Resolution Approving the Plat of the
Subdivision of Lot 1 of the N.W. 'I"~
N.E. '/" Section 30, T. 89N" R2E., 01
the 5th P.M. in Dubuque Township,
Dubuque County, Iowa.
WHEREAS, there has been filed with
the City Cierk of the City of Dubuque,
Iowa, the plat of the Subdivision of Lot
1 of the N.W. 'I"~ N.E. 'I"~ Section 30,
T. 89N., R,2E., of the 5th P.M. in
Dubuque Township, Dubuque County,
Iowa; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the same conforms to statutes
and ordinances relating thereto:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the above-described
plat be and the same is hereby ap-
proved and the Mayar and City Clerk be
and they are hereby authorized and
directed to endorse the approval of the
City of Dubuque, IoU<!, upon said plat.
Passed, adopted and approved this 1st
day of October, 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 Membor 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 Planning & Zoning
submitting three final plats subdividing
property located east along N. Grand-
view Ave. and west of Clarke College
and requesting favorable consideration,
presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Kiing.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members King, Tully.
Nays-None.
Abstain-Council Members Brady,
Farrell.
RESOLUTION NO. 252-79
A Resolution Approving the Plat of the
Subdivision 01 Lot 2 01 Lot 1 of Mineral
Lot 207 in the City of Dubuque, Iowa.
WHEREAS, there has been filed with
the City Clerk a Plat of the Subdivision
of Lot 2 of Lot 1 of Mineral Lot 207 in
the City of Dubuque, Iowa; and
WHEREAS, said Plat has been ex-
amined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon: and
WHEREAS, said Plat has been ex-
amined by the City Council and they
find that the same conforms to statutes
and ordinances relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Plat of the Sub-
division of Lot 2 of Lot 1 of Mineral Lot
207 in the City of Dubuque, IoU<!, be
and the same is hereby approved and
the Mayar and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said Plat.
Passed, adopted and approved this 1st
day of October, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adoption
of the Resolution. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members King, Tully-
Nays-None.
Abstain-Council Members Brady,
421
Regular Session, October 1,1979
Farrell.
RESOLUTION NO. 253-79
A Resolution Approving the Plat of the
Subdivision of Lot 1 of Lot 1 of "Clarke
College Place" in the City of Dubuque,
Iowa.
WHEREAS, there has been filed with
the City Clerk a Plat of the Subdivision
of Lot 1 of Lot 1 of "Clarke College
Place" in the City of Dubuque, Iowa;
and
WHEREAS, said Plat has been ex-
amined hy the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said Plat has been ex-
amined by the City Council and they
find that the same conforms to statutes
and ordinances relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Secûon 1. That the P/m of tha Sub-
divisùm of Lot 1 of Lot 1 of "Clarke
CoUege Pla£e" in the City of Dubuque,
Iowa, be and the same is hereby
approved and the Mayar and City Clerk
are hereby authorized and dli'ected to
endarse the approval of the City of
Dubuque, Iowa, upansoidPlßt.
Passed, adopted and approved this 1st
day of October, 1979.
Richard Wertzherger,
Mayor
Thomas A. Tully, Jr.
D, MichaellGng
Council Members
AITEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member IGng, Carried by the
following vote;
Yeas-Mayor Wertzberger, Council
MemherslGng, Tully.
Nays-None.
Abstain-Council Members Brady,
Farrell.
RESOLUTION NO. 254-79
Resoluûon Approving the Plat of Lots
5-36 Inclusive Block 9. of "Clarke Crest
Estates" in the City of Dubuque,
Dubuque County. Iowa.
WHEREAS, there has been filed with
the City Clerk, a plat of the Subdivision
to be known as LOTS 5-36 INCLUSIVE
BLOCK 9, IN THE CITY OF DUBU-
QUE, IOWA, by: DUBUQUE LAND
DEVELOPMENT LTD" Owners, sub-
ject to easements of record and accord-
ing to the recorded plats thereof of Lot
lof20f 1 of Mineral Lot 207, and Lot 1
of 1 of 1 of Clarke College Place, all in
the City of Dubuque, Dubuque County,
Iowa and
WHEREAS, upon said plat appear
streets to be known as Aspen Drive,
Aspen Ct., and Dunham Drive, to-
gether with certain public utility ease-
ments which the Owners, by said plat,
have dedicated to the public forever;
and
WHEREAS, said plat has been ex-
amined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the same conforms to statutes
and ordinances relating thereto, except
that streets have not been brought to
grade, or paving, sewer or water
installed;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
Section 1. That the dedications of
Aspen Drive, Aspen Ct., and Dunham
Drive, together with easements for
public utüities as the same appear upon
soid plßt, be and tha same are hereby
O£cepted:
Secûon 2. That the plßt of LOTS 5-36
INCLUSIVE BLOCK 9, OF CLARKE
CREST ESTATES IN THE CITY OF
DUBUQUE, IOWA, be and the same is
hereby approved and the Mayar and
City Clerk are hereby authorized and
directed to endarse and approval. of the
City of Dubuque, Iowa, upon soid plßt,
provided the owners of said property
hemn named, executed their written
O£ceptance hereto attO£hed agreeIng:
a. To reduce all streets to grnde and to
construct Aspen Drive, Aspen
IÀUrt, and Dunha:m Drive with 8"
roUed stone base and 2- 'Ii' of
bituminous concrete surfacing or 6"
of Part!.q:nd Cement Concrete pave-
ment with integral curb and gutter.
AU of tha faregOlng shall be con-
structed O£carmng to the Ißtest City
of Dubuque Specifications:
b. Th install sanitary sewer mains and
sewer service IßteraJ.s in O£cardance
with pions submitted with the p/m:
c. To install water nuans and water
service /merals In O£cardance with
plans submitted with the plßt:
Regular Session, Octoher 1, 1979
422
d, To install storm sewers and catch
basins in O£cardance with plßns sub-
mitted with the plßt:
e. To install concrete sidewalks as
required by Ordliwnces, and where
directed by the City Engineer and
the City Manager;
f To construct all improvements in
c<Ympliance with any and all appli-
cable City of Dubuque Specifi-
cations and as approved by the City
EngIneer:
g. To nuantmn the foregOIng improve-
ments far a period of four (4) years
fr<Ym the dme of their O£ceptauce by
the City of Dubuque, Iowa;
h. To provide the foregoing construc-
tion and nuantenance at the sole ex-
pense of the Developer and Sub-
divider, Dubuque Lond Develop-
mentLTD" as Owner;
i, To construct soid improvements, ex-
cept sidewalks, priar to September
1, 1980, and to construct the side-
wo1ks priar to September 1, 1981.
i To install in O£cardance with City
Specifications, boulevard street
lighting withIn 30 days after the
c<Ympletion of the ad;jO£ent curb and
gutter within any particular section
of the proposed Subdivision:
and further provide that soid Dubuque
Lond Development LTD., as Owners of
soid SubdivÙ;ion, secure the perfar-
manGe of the foregOIng canditions by
providing security in such farm and
with such sureties as may be O£ceptable
to the City Manager.
Section 3. That in the event Dubuque
LondDeveiopmentLTD" as Owners, of
soid Subdivision shall fail to executc the
O£ceptance and furnish the security
provided for in Sectùm 2 hereof within
45 days after the dete of this Resolu-
tion, the provisions hereof shall be nail
and void and the O£ceptance of the
dedication and approval. of the plßt shall
not be effective.
Passed, adopted, and approved by
recorded roll call this 1st day of
October, A.D., 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. MichaellGng
Council Members
AITEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 254-79
We, the undersigned, Dubuque Land
Development, LTD" having read the
terms and conditions of the foregoing
Resolution No. 254-79 and being
familiar with the conditions thereof,
hereby accept the same and agree to
perform the conditions required there-
in.
Dated at Dubuque, Iowa this 11th day
of October, 1979.
Dubuque Land Development, LTD
By Edward D. Tschiggfrie
President
By John H. Rhomberg
Secretary
TO:
Leo F. Frommelt,
City Clerk
This is to certify that the security
provided by the foregoing RESOLU-
TION NO. 254-79 has been furnished by
the Owners.
Dated at Dubuque, Iowa, this lith
day of October, 1979.
W. Kenneth Gearhart
City Manager
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote;
Yeas-Mayor Wertzberger, Council
Members King, Tully.
Nays-None.
Abstain-Council Members Brady,
Farrell.
Communication of City Manager sub-
mitting an Ordinance containing re-
commended changes in the taxicab
ordinance, presented and read.
Jeanette Luerkens of the A-OK Yellow
Cab Co., spoke to the communication
requesting that her company be allowed
to charge surcharge on each passenger.
Council Member Tully moved that the
communication of City Manager be re-
ceived and filed. Seconded by Council
Member Farrell. Carried' by the
following vote:
Yeas-Mayor Wertzber~er. Council
Memhers Brady, Farrell. King, Tully,
Nays--Noor,
ORDINANCE NO. 58.79
AN ORDINANCE 010' TIlE CITY 010'
DUBUQUE, row A, PROVlIJING
TIlAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE A-
MENDED BY REPEALiNG SECTION
38-18 THEREOF AND ENACTING A
NEW SECTION 38-18 IN LIEU
THEREOF PROVIDING FOR
CHANGES IN TAXI CAB RATES,
presented and read.
Council Member Tully moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Memhers Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that the
423
Regular Session, Octoher 1, 1979
rule reqtriring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with, Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 58-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REPEALING SEC-
TION 38-18 THEREOF AND ENAC.
TING A NEW SECTION 38-18 IN
LIEU THEREOF PROVIDING FOR
CHANGES IN TAXI CAB RATES.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A;
Section 1. That the Code of Ordi-
narwes of the City of Dubuque, Iowa be
and the same is hereby amended by
repealing a Section 38-18 thereof and
enacting a new Section 38-18 in lieu
thereof to rend as foUows:
"Section 38-18, Rates - Established
The foUowing are hereby fixed and
established as the rates and charges
for the transportation of passengers
within the city limits:
(1) One passenger: First one-fourth
('14) mile, one doUar twenty cents
($1.20j' erreh additimwl one-fourth
('14) mile, twenty cents ($0.201 ftæl
surcharge, twenty five cents ($0.25),
(2) Two (2) or more passengers
(rwt exceeding four (4), same pr>ints
of origin and destinatùm,
(a) Related Group. First one-fourth
('14) mile, one doUar twenty cents
($1.20); erreh additimwl one-fourth
('/4) mile, twenty cents ($0.201 ftæl
surcharge, twenty five cents ($0.25,
erreh extra passenger, twenty-five
cents ($0.25) Related Group is
hareby defined as a single telephone
call ta the tœricab c<Ympany tr> pick up
more than one person (rwt exceeding
four) with rw more than two suitcases
per person jr<Ym the same paint of
origin to the same destination.
(b) Unrelated Groups. Erreh passe'"
ger pays metered role; First one-
fourth (114) mile, one doUar twenty
cents 1$1.20); erreh additimwl mile,
twenty cents ($0.20).
(3) Two (2) or more passengers (rwt
exceeding four ~), same paint r>f
origin but different destinati<ms: Erreh
passenger discharged pays metered
rate jr<Ym origin; minimum charge in
all cases wiU be one doUar twenty
cents 1$1.20).
(4) Various points of origin and des-
tination: ( a) F'irst passenger pays
metered rate as foUows: First one-
fourth ('14) mile, one doUor twenty
cents ($1.20, erreh additional one.
fourth ('/4) mile, twenty cents 1$0,20).
( b) Subsequent passengers pay as
foUows: Drop charge, one doUar
twenty cents ($1.20, plus the dif-
/ererwe in recarded meter charge
I c<Ymputed at twenty cents 1$0.20)
per one-fourth (1f<)mile )fr<Ym origin to
destinatùm.
( 5) Extra luggage. Erreh piece of lug-
gage in excess of two (2) per person
wiU be carried at seventy five cents
1$0. 75)perpiece.
(6)Except far Subsections (2)( a) and
(5), the rates irwlnde ordinary lug-
gage.
(7) WaiUng charge wiU be nine
doUors ($9.00) per hour as recorded on
time meter otter passenger is picked
up. '
I 8) When service is provided to more
than one passenger on a trip, the
driver shall request and receive the
oral consent of thè original. passengers
be/are providing service to additional
passengers".
Section 2. That all ardinarwes or parts
of ardinances In cmiflict with the ardi-
=e be and they are hereby repealed.
Passed, approved and adopted this 1st
day of October, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D, Michael King
James E. Brady
Carolyn Farrell
Council Members
ATI'EST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 5th day of
October, 1979.
Leo F. Frommelt
City Clerk
It 10/5
Council Member Tully moved final
adoption of the Ordinance as Amended.
Seconded by Council Member Farrell.
Carried by the fo
Yeas-Mayor
Members Brady,
Nays-None.
Communication of City Manager sub-
mitting a resolution providing for accep-
tance of a Warranty Deed for a parcel of
property acquired on J,F.K. Road from
Donald A. & Judith A. Clark, presented
and read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
Council
Tully.
Regular Session, Octoher 1, 1979
424
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 255-79
WHEREAS, the City of Dubuque,
Iowa has acquired the real estate here-
inafter described from Donald A. Clark
and Judith A. Clark; and
WHEREAS, said persr>ns have de-
livered a Warranty Deed conveying real
estate to the City of Dubuque, Iowa,
described as: Lot 2 of Lot 2 of Block 4 in
Mettel-Link Addition, in the City of
Dubuque, as shown on the attached plat
Exhibit "A"; and
WHEREAS, said delivery of deed
dated September 11, 1979 by said
persons to the City of Dubuque, Iowa
should be accepted;
NOW, THEREFORE, Bl£ IT RESOL-
VED BY THE CITY COUNCIL OF
TI-IE CITY OF DUBUQUE, row A:
Secûon 1. That the delivery of War-
ranty Deed by: Donald A. Clark and
Jndith A. Clark dated September 11.
1979, conveying to the City of Dubuque,
Iowa, the hereinabove described real
estate be and the same is hereby
rrecepted.
Section 2. That the City Clerk be and
he is hereby authorized and d,,'ected tr>
cause said Warranty Deed to be re-
carded in the Office of the Dubuque
County Recarder together with certified
copy of this Resolution
Section 3. That the City Clerk be and
he is hereby directed to faru:ard a
certified copy of this Resolution to the
Dubuque lÀunty Assessar and the
Dubuque IÀUnty Auditar.
Passed, adr>pted, and approved this 1st
day of October, 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 Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager advis-
ing completion of Hamilton Glen (RET
Inc.) Sanitary Sewer by Tri-State Pav-
ing Co. according to spees., presented
and 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, Council
Members Brady, Farrell, King,Tully.
Nays-None,
FINAL ESTIMATE
RESOLUTION NO. 256-79
WHEREAS, the contract for the
Hamilton Glen (RET, Inc.) Sanitary
Sewer has been completed and the City
Engineer has submitted his final esti-
mate showing the cost thereof including
the cost of estimates, notices, inspec-
tion, and preparing the assessment and
plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $76,149.98.
That none of the cost thereof shall be
assessable upon private property and
$76,149.98 shall be paid from Local
Public Works Funds, Sewage Rental
Funds and private contributions of the
City of Dubuque.
Passed, adopted and approved this 1st
day of October, 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 Farrell moved adop-
tion of the Resolution. Seeonded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
( A Resoluûon Accepting Improvement)
RESOLUTION NO. 257-79
WHEREAS, the contract for the
Hamilton Glen (RET, Inc.) Sanitary
Sewer has been completed and the City
Manager has examined the work and
filed his certificate stating that the
same has been completed according to
the terms of the contract, plans and
specifications and recommends its ac-
ceptance, now therefore,
BE IT RESOLVED, by the City
425
Regular Session, Octoher 1, 1979
Council of the City of Dubuque, that the
recommendation of the City Manager be
approved and that said improvement be
and the same is hereby accepted
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the funds to be realized from Local
Public Works Funds, Sewage Rental
Funds and private contributions issued
upon the above described improvement
in amount equal to the amount of his
contract, less any retained percentage
provided for therein.
Passed, adopted and approved this 1st
day of October, 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 Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farreil, King, Tully.
Nays-None,
Communication of City Manager re-
commending posting a weight limit on
the Rockdale Road Bridge over Catfish
Creek, 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.
An Ordinance of the City of Dubuque,
Iowa, providing that the Cede of I
Ordinances, City of Dubuque, Iowa, be I
amended by adding a new Sectiou
25-190, providing that Heavy Vehicles
are prohibited on Certain Bridges
(Rockdale IW. Bridge over Catfish
Creek), presented and read.
Council Member Farrell moved that
the reading just had be considered the
first reading of the Ordinance. Se-
conded by Council Member Tully.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
Communication of City Manager sub-
mitting an Ordinance providing for the
installation of four way stop control at
Fremont, Simpson & Wartburg Sts.,
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 Farrell, King, Tully.
- Nays-Council Member Brady.
ORDINANCE NO. 59-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE roDE OF ORDINANCES.
CITY OF DUBUQUE, IOWA, BE
AMENDED BY ADDING A NEW
SUBSECTION 20 TO SECTION E OF
SECTION 25-210 PROVIDING THAT
EASTBOUND VElUCLES ON SIMP-
SON STREET SHALL STOP BEFORE
ENTERING THE INTERSECTION OF
FREMONT A VENUE AND BY AD-
DING A NEW SUBSECTION 16 TO
SECTION F OF SECTION 25-210
PROVIDING THAT SOUTHBOUND
VEIDCLES ON FREMONT AVENUE
SHALL STOP BEFORE ENTERING
THE INTERSECTION OF WART-
BURG PLACE,
presented and read.
Council Member Farrell moved that
the reading just had be considered the
first reading of the Ordinance. Second-
ed by Council Member Tully. Carried
by the following vote;
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
Council Member Farrell moved that
the rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Tully. Carried by the
following vote;
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
ORDINANCE NO. 59-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE roDE OF ORDINANCES.
CITY OF DUBUQUE, IOWA. BE
AMENDED BY ADDING A NEW
SUBSECTION 20 TO SECTION E OF
SECTION 25-210 PROVIDING THAT
EASTBOUND VElUCLES ON SIMP-
SON STREET SHALL STOP BEFORE
ENTERING THE INI'ERSECTION OF
FREMONT AVENUE AND BY AD-
DING A NEW SUBSECTION 16 TO
SECTION F OF SECTION 25-210 PRO-
VIDING THAT SOUTHBOUND VE-
IDCLES ON FREMONT AVENUE
SHALL STOP BEFORE ENTERING
THE INTERSECTION OF WART-
BURG PLACE
Regular Session, Octoher 1. 1979
426
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
naru;es of the City of Dubuq1æ, 10100, be
amended by ailidng a new snbsection 20
to Sectùm E of Section 25-210 and by
adding anew snbsection 16 to SectionF
of Section 25-210 to read as follows:
Section 25-210
( b )Those intersections desigrwJ.ed are
hereby declared to be "Stop Inter-
sections" far all purposes of this sec-
tion.
E. Eastbound vehicles must stop
before entering the intersection of:
20- Simpson Street and Fremont Ave.
F. Southbound vehicles must stop
before entering the intersectùm of:
16. Fremont Avenue and Wartburg
Plo£e
Section 2. That all ardinances ar parts
of ardinaru;es in conflict with this
ordinaru;e be and they are hereby
repealed-
Passed, Adopted and Approved this
1st day of October, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Council Members
ATTEST;
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 5th day of
October, 1979.
Leo F. Frommelt
City Clerk
It 10/5
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member Tully. Carried by the
following vote: -
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
RESOLUTION NO. 258-79
WHEREAS, nomination papers of
various candidstes for election to the
City Council of the City of Dubuque,
Iowa have been filed with the Clerk;
and
WHEREAS, it appears that the
number of such candidates so filing is
such that a primary election will be
reqtrired;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
Section 1. Thot the Cmnmissùmer of
Elections be and he is hereby notified
and advised that the foUowing no.med
have qunlified by filing their nomina-
tion papers for electùm to the City
Council of the City of Dubuque, Iowa:
City Council
Elnara L Bateman
Robert N. Bradfield
IJonoM E. Deich, Sr,
Alfred R. EJngling
John L. Felderml.tn
Wdliam K. Hommel
Merlin HuU
John P. Klauer
Robert W. Nagle
LaVernNey
Michael W. Pratt
Park Baard
FrederickR. Appel
DaWlF. Chaifield
C. Robert Justmann
Kerin Kae Moldenhauer
Floyd C. Whitney, Sr.
Section 2. That a primary electùm
should be held in O£cordßru;e with the
laws of the Siate of Iowa and the
C<Ymmissionsr of Elections is req1æsted
to take the necessary steps for the pre-
paration of ballots far the nomino.tion of
cœndidates far the election to be held to
fiU, by reason of expiring terms, the
Council seats of two City lÀu1WÍ1
members of the City of Dubuque, 10100,
and for the filing of one seat on the Park
Board of the City of Ðubuq1æ, Iowa
Passed, approved and adopted this 1st
day of October, 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 King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 259-79
WHEREAS, candidates for election to
the City Council of the City of Dubuque,
Iowa, must stand for election at the
general election in November, 1979;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
Section 1. That the Cmnmissùmer of
-
427
Regular Session, Octoher 1.1979
Electùms be and he is hereby rwtified
and advised that the foUowing named
have been rwminated far electùm to the
City Council of the City of Dubuque,
Iowa:
City Council
Dœw1d E. Dcich, Sr.
JohnL. Felderman
W¡/oomK. Hammel
Michael W Pratt
Park Board
Frederick R. Appel
Kerin Kae Moldenhauer
Section 2. That the general electùm
shovld be heùJ in occordn:nce with the
laws of the State of Iowa and the
C<Ymmissùmer of Elections is requested
to toke the necessary steps far the pre-
parotion of ballots for the nontination of
candidates far the election to be heùJ to
fiU, by reason of expiring terms, the
Council seots of two City Council
members of the City of Dubuque, Iowa,
and for the filing of one scat on the Park
Board of the City of Dubuque, Iowa
Passed, approved and adopted this 1st
day of October, 1979.
Ricbard 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 IWsolution subject to Pri-
mary Election IWsults. Seconded by
Council Member King. Carried by tbe
following vote;
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 260-79
A Resoluûon Approving the Plat 01 the
Subdivision of Lat 2 of mock 6 of
Asbury Springs Subdivision No.4 in the
City 01 Duhuque, Iowa.
WHEREAS, there has been filed with
the City Clerk a plat of the subdivision
of Lot 2 of Block 6 of Asbury Springs
Subdivision No.4 in the City of
Dubuque, Iowa; and
WHEREAS, said plat had been ex-
amined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat bas been ex-
amined by the City Council and they
find that the same conforms to statutes
and ordinances relating thereto.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
Section 1. That the plat of the sub-
divisùm of ÚJt 2 of Block 6 of Asbury
Springs Subdivision No, 4 in the City of
Dubuque, Iowa, be and the same is
hereby approved and the Mayar and
City Clerk are hereby authorized and
directed to endorse the approval of the
City of Dubuque, Iowa upon saùl plat.
Passed, approved and adopted this 1st
day of October, 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 adoption
of the IWsolution. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Application for transfer of Beer Permit
by Dubuque Jaycees from 1023';' Main
to University of Dubuque on October
6th, presented and read.
Council Member Tully moved that the
transfer be approved. Secouded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-Noue.
RESOLUTION NO. 261-79
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were inspect-
ed and found to comply with the State
Law and all City Ordinances relevant
thereto and they have filed proper
bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Manager be authorized to cause to be
issued to the following named applicants
a Liquor License.
Regular Session, Octoher 1. 1979
428
CLASS"C" (COMMERCIAL)
BEER & LIQUOR LICENSE
Linda L. Sheldon 1399 Jackson St.
Barney Willenborg 1301 Rhomberg Ave,
(Sunday Sales Only)
Passed, adopted and approved this 1st
day of October, 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 adoption
of the Resolution. Secouded by Mayor
Wertzberger. Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of DOT submitting an
official notification of a proposal to let a
Navigation Light IWplacement Project
on November 6, 1979, for the Julien
Dubuque Bridge, presented and read.
Council Member Brady moved that the
communicatiou be received and filed.
Secouded by Council Member Farrell.
Carried by the following vote;
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully-
Nays-None.
MINUTES SUBMITTEDnElectricai
Examiners Board of 9-11; Housing
Rehab- Commission of 8-26; Transit
Trustee Authority of 8-9 & 8-29; Park
Board of 8-10; Historic Preservation
Commission of 9-12; Ambulance Study
Task Force of 9-11 & 9-21; Airport
commission of 9-13 & 9-20; Housiug
Commission & -Study Committee of
9-18; Community Development Com-
mission of 9-11 and Planning & Zoning
of 8-22, 8-28, 9-5, 9-19, presented and
read-
Council Member King moved that the
minutes be received and filed. Second-
ed by Council Member Farrell. Carried
by the followiug vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certified to by the
Publisher, of publicatiou of City Annual
Financial IWpart, published 9-25-79,
presented and read.
Council Member King moved that the
proof of publication be received and
filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of DEQ advising of
construction permit for sewer and
water to Table Mound Mobile Home
Park, presented and read.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote;
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
September 24, 1979
To the Honorable Mayor and
Members of the City Council.
In accordance with the provisions of
Chapter 400 of the 1979 Code of Iowa,
the Civil Service Commission conducted
Promotional Examinations on Septem-
ber 11th and 12th, 1979 for members of
the Fire Department.
The following members of the Fire
Department have passed the written
promotional examinations with an
average of seventy percent or better.
Captains
Link, Lyle R.
Miller, William T,
Pregler, John P.
Andresen, Paul V.
Deckert, John J-
McCay, John B.
Andreseu, James P.
Udelhofen, Gerald L.
Kann, Ron. T.
87%
82'1,
80
79';'
79
78
77
77
75
Lieutenant Inspector
Sullivan, DanielJ.
78'10%
Equipment Operators
Peter, Gerald A. 71%%
Voss, Roger A. 71'10%
Felderman, Larry E. 70
Assistant chielnDivision Chief
Ruden, Richard W. 91J>Io
Winter, Carl J. 97
Cherrier, William E. .85
Miller, James C. 84
Lieutenants
Link, Kenneth J.
Basten, Francis G.
Sehuster, David W-
Stephan, Raymond G.
Theis, Richard J.
Voss, Roger A.
Egan, John F.
Burdt, James J. Jr.
Richard Zimmer
Chairman
John E. Hess
Frieda Luther
Civil Service Commission
80'10 %
77% %
77'10
77'10
75'10
73%
72
71
429
Regular Session, Octoher 1, 1979
ATTEST:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before me
this 24th day of September, 1979.
Joleen A. Bechen
Notary Public
Council Member King moved that the
communication be received and rued
and be made a matter of record.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
South Grandview, claiming personal
injuries suffered by her on October 7,
1977, as the result of a fall at 251 W. 8th
Street alleging an uneven sidewalk at
said site.
This matter was referred to Corpora-
tion Counsel, who has made an investi-
gation of said matter and finds that
claimant suffered a dislocated left
shoulder and incurred medical expenses
in the total amount of $320.75.
Claimant has made an offer of settle-
ment in said amount, and in view of the
findings of Corporation Counsel, it is his
recommendation that said offer of
settlement be accepted, and that the
City Auditor be directed to draw
warrant payable to Betty Jane Keniine
in the amount of $320.75 and transmit
same to Corporation Counsel for
delivery upon receipt of duly executed
release.
Original claim is returned herewith,
together with copies of claimant's
medical billings.
R. N. Russo
Corporation Counsel
Council Member King moved that the
oommunication be received and filed,
recommendation of settlement approved
and City Auditor directed to issue
proper warrant. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Kiing, Tully.
Nays-None.
September 14, 1979
Honorable Mayor and
City Council
On August 29, 1979, Mrs. Harold
(Mary) Leitner of 1621 Rhomberg
Avenue filed claim against the City of
Dubuque alleging that she fell on
August 26, 1979, at Kerper and Roose-
velt Streets as the result of stepping on
loose cement on a sewer oover and the
cover tipped up causing her to fall to
the street.
This matter was referred to the
Corporation Counsel, and he has coufer-
red with the claimant who advises that
she incurred medical expenses in the
total amount of $173.85 and has made
an offer of settlement in said amount.
In view of the investigation also made
by Corporation lÀunsel and conference
with claimant, it is the recommendation
of Corporation Counsel that said offer of
settlement be accepted and that the
City Auditor be instructed to draw
warrant payable to Mary Leitner in the
amount of $173.85 and transmit same to
Corporation Counsel for delivery upon
receipt of duly executed release.
Original claim with copies of medical
bills are herewith enclosed.
R. N. Russo
Corporation Counsel
Council Member King moved that the
communication be received and filed.
recommendation of settlement approved
and City Auditor directed to issue
proper warrant. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
September 14, 1979
Honorahle Mayor and
City Council
Claim was filed hy Sheila Sharkey of
1665 McPoland Street against the City
of Duhuque, Iowa, on May 8, 1979, in
the amount of $45.22, claiming that a
tire on her motor vehicle was damaged
on May 5, 1979, as the result of a 4"-5"
drop in the storm sewer in the street in
front of Behr's Farm & City Distribut-
ing Co. at 15 South Main Street in the
parking area in front of said site.
This matter was referred to the
Corporation Counsel who has made an
investigation thereof and conferred with
the City Street Superintendent and
with the claimant. Claimant has made
an offer of settlement in the amount of
$25.00, and in view of Counsel's find-
inga: it is his recommendation that said
offer of settlement be accepted. The
City Auditor should be instructed to
draw warrant payable to Sheila
Sharkey in the amount of $25.00 and to
deliver same to Corporation Counsel for
delivery upon receipt of duly executed
release.
September 18, 1979
Honorahle Mayor and
City Council
Claim was filed on November 16, 1977,
against the City of Dubuque by Mrs.
Robert (Betty Jane) Keuline of 142
Regular Session, October 1,1979
430
Original claim is returned herewith-
R. N. Russo
Corporation Counsel
Council Member King moved that the
communication be received and filed,
recommendation of settlement approved
and City Auditor directed to issue
proper warrant. Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Corporation Counsel
recommending denial of motorcycle
damage claim filed by Dominic Good-
man Insurance for their assured
Thomas J. Schiesl, presented and read.
Council Member King moved that the
recommendation of Denial be approved.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
NOTICES OF CLAlMSnWayne L.
Peart, in an undetermined amount, for
car damage incurred as the result of the
windshield being struck by flying rock
on 9-9-79 at 2141 Hale ,St.; Thomas W.
Gornick, in the amount of $164., for car
damage incurred while driving over the
railroad tracks at 640 Ninth St. on
9-12-79; Sandra Jellison, in the amount
of $115.36, for car damage incurred as
the result of being scratched by the
police at an encounter at 3rd & Main St.
on 9-15-79; Notice of Suit of Robert J. &
Judith Curler, in the amount of
$1,451.53 for damage incurred as the
result of a backed-up sewer at 2674
Marywood Drive, presented and read.
Council Member King moved that the
Notices of Clabns and Suit be referred
to the Corporation Counsel for investi-
gation and report. -Seconded by Council
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petitions for Refunds Requested; Alice
H. Erschen, $422.50 on unexpired por-
tion of Beer & Liquor License No.
LC-2075 discontinued business on 8-31-
79; Joseph R. Lenger, $100. on un-
expired portion of Class "C" Beer
License No. BC-1952 disoontinued
business on 8-21-79; Patricia Revelle,
$633.75 on unexpired portion of Beer &
Liquor License LC 5433 discontinued
business on 9-3-79: Patricia Revelle,
$75. on unexpired portion of Cigarette
License No. 1693 discontinued business
on 8-31-79; Church of Nativity, $255. on
unexpired portion of Ciass "B" Beer
Permit discontinued business on 9-10-
79, presented and read.
Council Member King moved that the
refunds be approved and City Auditor
directed to issue proper warrants.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
There being no further business,
lÀuncii Member Tully moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Kiing, Tully.
Nays-None.
Leo F. Frommelt
City Clerk
Approved
1980
1980
Adopted
Council Members
ATTEST:
431
Special Session, October 15, 1979
CITY COUNCIL
OFFICIAL
Special Session, October 15, 1979.
Council met at 7;30 P.M. (C.D.T.)
Present-Mayor Wertzberger, Council
Members Brady, Farrell, Kiing. City
Manager W. Keuneth Gearhart.
Absent-Council Member Tully.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and this Meeting is called for
the purpose of CONDUCTING PUBLIC
HEARINGS ON VARIOUS ZONING
ORDINANCES and acting upon such
business as may properly come before a
Regular Meeting of the Council.
Proclamation proclaiming November
14, 1979 as "Operating Room Nurses
Day" was so proclaimed by Mayor
Wertzberger.
Proof of Publication, certified to by the
Publisher, of Notice of Public Hearing
to amend the Zoning Ordinance by
reclassifying property lying at the
southeast corner of Rockdale & Old
Bellevue Road from C-3 Arterial
Business Commercial District to R-4
Residential District, presented and
read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
hearing. Council Member Farrell
moved that the proof of publication be
received and filed. Seconded by Council
Member Kiing. Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
OlIDINANCE NO. 60-79
AN OlIDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING AP-
PENDIX A TIJEREOF, ALSO
KNOWN AS THE 'WNING ORDI-
NANCE AND WNING MAP OF THE
CITY OF DUBUQUE, IOWA", BY
RECLASSIFYING PROPERTY LYING
AT THE .SOUTIIEAST CORNER OF
ROCKDALE ROAD AND OLD
BELLEVUE ROAD FROM C-3
ARTERIAL BUSINESS COM.
MERCIAL DISTRICT CLASSIFICA-
TION TO R-4 RESIDENTIAL DIS-
TIUCT CLASSIFICATION,
said Ordinance having been previously
presented and read at the Council
Meeting of September 17, 1979, pre-
sented for final adoption.
OlIDINANCE NO, 60.79
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING AP-
PENDIX A TIJEREOF, ALSO
KNOWN AS THE "WNING ORDI-
NÀNCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA", BY RE-
CLASSIFYING HEREINAFTER
DESCRmED PROPERTY LYING AT
THE SOUl1ŒAST CORNER OF
ROCKDALE ROAD AND OLD BEL-
LEVUE ROAD FROM C-3 ARTERIAL
BUSINESS COMMERCIAL DISTRICT
CLASSIFICATION TO R-4 RE-
SIDENTIAL DISTRICT CLASSIFICA-
TION.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordi-
narwes of the City of Dubuq1æ, IoUXl, be
amended by revising Appendix A there-
of, olso '=wn m; the "Zoning Ordi-
narwe and Zoning Map of the City of
Dubuque, Iowa", to reclassify herein-
after described property fr<Ym "C-3
ArteriallJw;iness C<Ymmerci.o1 District"
classification to "R-1, Residentid Dis-
trict" classificatÜm, to wit:
Lot 2 of the Subdivision of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Min-
eral Lot J,lJ2, in Section 1 T_88N,
R.2E, of the 5th P-M. in the City of
Dubuque, Iowa.
Section 2. That tha foregaing amend-
ment has heretofore been approved by
the Planning and Zoning C<Ymmission of
the City of Dubuque, Iowa.
Passed, adopted and approved this
15th day of October, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 18th day of
October, 1979.
Leo F. Frommelt
City Cierk
It 10/18
Council Member Farrell moved final
adop-
tion of the Ordinauce. Seconded by
Council Member King. Carried by the
followiug vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Kiing.
Nays-None.
- -
Special Session, October 15, 1979
432
Absent-Council Member Tully.
Proof of Publication, certified to by the
Publisher, of Notice of Public Hearing
to amend the Zoning Ordinance by
establishing a Planned Unit Develop-
ment on Lot 2 of the Sub. of Lot 1 of 1
of 1 of 1 of 1 of M.L. 482 Sec. 1 TBBN
R2E, located at southeast corner of
Rockdale Rd, & Old Bellevue Rd..
presented and read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
hearing. Council Member Farrell moved
that the proof of publication be received
and filed, Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Kiing.
Nays-None.
Absent-Council Member Tully.
OlIDINANCE NO. 61-79
AN OlIDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OlIDINANCES
OF THE CITY OF DUBUQUE, IOWA,
BE AMENDED BY REVISING AP-
PENDIX A THEREOF, ALSO
KNOWN AS THE 'WNING ORDI-
NANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA", WIllCH
AMENDMENT SHALL ESTABLISH A
PLANNED UNIT DEVELOPMENT
DESIGNATION ON PROPERTY LY-
ING IN AN R-4 RESIDENTIAL DlS-
TIUCT AT TIlE SOUTHEAST COR-
NER OF ROCKDALE ROAD AND
OW BELLEVUE ROAD IN TIlE CITY
OF DUBUQUE, IOWA,
said Ordinance having been previously
presented and read at the Council
Meeting of September 17, 1979, pre-
sented for final adoption.
OlIDINANCE NO. 61-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF OlIDINANCES
OF THE CITY OF DUBUQUE, IOWA,
BE AMENDED BY REVISING AP-
PENDIX A THEREOF, ALSO
KNOWN AS THE "ZONING OlIDI-
NANCE AND WNING MAP OF THE
CITY OF DUBUQUE, IOWA", WIllCll
AMENDMENT SHALL ESTABLISH A
PLANNED UNIT DEVELOPMENT
DESIGNATION ON PROPERTY
HEREINAFTER DESCRIBED LYING
IN AN R-4 RESIDENTIAL DISTRICT
AT THE SOUTHEAST CORNER OF
ROCKDALE ROAD AND OW
BELLEVUE ROAD IN THE CITY OF
DUBUQUE,IOWA,
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Code of Ordi-
nœnces of the Oily of DubuqU£, Iowa, be
amended by revising Appendix A there.
of, olso Icrwwn as the "Zoning Ordi-
nœnce and Zoning Map of the City of
Dubuque, Iowa", by establishing a
"Planned Unit Development" designa-
tion on property in an "R.1, Resùlentid
District" classificatùm, which real es-
tate is described, to wit:
Lot 2 of the Subdivision of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Min-
eral Lot 1,82, in Sectùm 1, T.88 N,
R.2E. of the 5th P.M. in the City of
Dubuque, Iowa.
Section 2. That the "Planned Unit
Development" designatùm appUed to
the property herein described is a ten-
tative reclassification and firwl adop-
tion of the amendment as set forth in
Sectùm 1 of this Ordinœnce shall be
subject to the requirements of Article
IV, Section 1,-110.11.3 of Ordinœnce No.
32-75, Icrwwn m; the "Zoning Ordinarwe
and Zoning Map of the City of Dubnque,
Iowa", whereby firwl adoption of the
"Pionned Unit Development" designa-
tion is contingent upon submissWn of a
F\'rwl Development Plan by the de.
veloper, within six (6) months of the
effective dme of this Ordinœnce, and
further, that fallure by the developer to
c<Ymply with the requirements as set
forth herein, shall autWlßtically revert
the property to its former "R-1, Resi-
dentid District" classification.
Section 3. That tha foregaing amend-
ment has heretofare been approved by
the Planning and Zoning C<Ymmission of
the Oily of Dubuque, Iowa.
Passed, adopted and approved this
15th day of October, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E, Brady
Carolyn Farrell
Council Members
ATTEST;
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 18th day of
October, 1979.
Leo F. Frommelt
City Clerk
It 10/18
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Kiing,
Nays-None.
Absent-Council Member Tully.
Proof of Publication, certified to by the
Publisher, of Notice of Public Hearing
433
Special Session, Octoher 15, 1979
to amend the Zoning Ordinance to
reclassify property (Kreiman) located at
623 Louella Lane from R-l rœsideutial
District to H-l Heavy Industrial Dis-
trict Classification, presented and read.
No written objections were filed and
no oral objectors were present in tbe
Council Chamber at the time set for the
hearing.
Council Member Farrell moved tbat
the proof of publication be received and
filed. Seconded by Council Member
King. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Kiing.
Nays-None.
Absent-Council Member Tully.
ORDINANCE NO. 62-79
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDiNG
THAT TIlE CODE OF ORDINANCES,
CITY OF nUBUQUE, IOWA, BE
AMENDED BY REVISING AP-
PENDIX A, TIlEREOF, ALSO
KNOWN AS TIlE "ZONING
ORDINANCE AND WNING MAP OF
TIlE CITY OF DUBUQUE, IOWAn, BY
RECLASSIFYING PROPERTY
LOCATED AT 623 LOUELLA LANE
FROM TIlE R-1 RESIDENTIAL DiS.
TIUCT AND TIlE AG AGRI.
CULTURAL DiSTIUCT TO TIlE ill
HEAVY INDUSTIUAL DiSTIUCT,
said Ordinance having been previously
presented and read at the Council
Meeting of September 26, 1979, pre-
sented for final adoption.
ORDINANCE NO. 62-79
AN ORDiNANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDiNG
THAT TIlE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA,
BE AMENDED BY REVISING AP-
PENDIX A, TIIEREOF, ALSO
KNOWN AS TIlE 'WNING ORDi-
NANCE AND WNING MAP OF TIlE
CITY OF DUBUQUE, IOWA", BY RE-
CLASSIFYING HEREINAFl'ER DE-
SCRIBED PROPERTY FROM TIlE R-1
~ST:==gr.S:.wCT ~ I
TIlE ill HEAVY INDUSTRIAL DIS-
TIUCT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA;
Section 1. That the Code of Ordi-
nances of the City of Dubuque, Iowa, be
amended by revising Appendix A there-
of. also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa", to reclassify hereinafter de-
scribed property jr<Ym "R-l ResirJentiol
District" to "HI Heavy Industrial Dis-
trict" classification to wit:
Lots 34 and 35 in Maple Leaf Addi-
tm No, 2 to the City of Dubuque,
Dubuque, Iowa, and the south one-iwif
of the vo£ated olley running between
said Lots 34 and 35 and Lot 49 In
Maple Leaf Additim No.2 to the City
of Dubuque, Dubuque County, Iowa,
and further, to reclassify hereinafter
described property jr<Ym "AG Agri-
cultural District" to "HI Heavy In-
dustrial District" classification to wit:
Those portions of the right-of.ways of
Maple Leaf Avenue and the Chicago
and North Western Railway which lie
directly west and adjOIning Lots 34
and 35 in Maple Leaf Addition No.2
to the City of Dubuque, Dubuque
Cøunty, Iowa, and the south one-iwif
of the vacated alley running between
said Lots 34 and 35 and Lot 49 in
Maple Leaf Addition No.2 to the City
of Dubuque, Dubuque County, Iowa.
Section 2. That the foregoing amend.
ment has previously been approved by
the City of Dubuque Planning and
Zoning Cmnmission.
Passed, adopted and approved tbis
15th day of October, 1979.
Richard Wertzberger
Mayor
D. Micbael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST;
Leo F. Frommelt
City Clerk
Pnblished officially in tbe Telegraph
Herald this 18th day of October, 1979.
Leo F. Frommelt
City Clerk
It 10/18
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, Kiing.
Nays-None.
Absent-Council Member Tully.
AN ORDINANCE of the City of
Dubuque, Iowa, providing that the
Code of Ordinances, City of Dubuque,
Iowa, be amended by adding a new
Section 25-190, providing that Heavy
Vehicles are prohibited on certain
Bridges (2 tons gToss vehicle weight per
axle on Rœkdale Rd. Bridge, over
Catfish Creek), said Ordinance having
been previously presented and read at
the Council Meeting of October 1, 1979,
presented for the second reading.
Council Memher Brady moved that the
reading just had be considered the
second reading of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Special Session, Octoher 15, 1979
434
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
Communication of Transit Manager
submitting an application for UMTA for
finanèial assistance, in the amount of
$342,508_, presented and 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, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 262-79
rœsolution Authorizing the Filing of an
Application with the Department of
Transportation, United States of
America, for a Grant Under the Urban
Mass Transportation Act of 1954, 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 certain obliga-
tions upon the applicant, including the
provision by it of the local share of
project costs;
WHEREAS, it is required by the U.S.
Department of Transportation in accord
with the provisions of Title VI of the
Civil Rights Act of 1964, tbat in
connection with the filing of an appli-
cation for assistance under the Urban
Mass Transportation Act of. 1964, as
amended, the applicant give an as-
surance that it wi.Jl comply with Title VI
of the Civil Rights Act of 1964 and the
U.S. Department of Transportation
reqtrirements thereunder; 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 project,
and that definitive procedures shall be
established and administered to ensure
that minority businesses shall have the
maximum feasible opportunity to com-
pete for contracts when procuring
construction contracts, supplies, eqtrip-
ment contracts, or consultant and other
services:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City
of Dubuque is authorized to execute and
file an application on behalf of the City
of Dubuque with the u.S- Department
of Transpartation, to aid In the financ-
ing of operating assistance projects
pursuant to Sectim 5 of the Urban Mass
Transportation Act of 1964, as
amended-
Section 2. That the Mayor of the City
of Dubuque is authorized to execute and
file with such applications an assurance
or any other document reqvired by the
u.S. Department of Trawpartation
effectuating the purposes of TItle VI of
the Civil Rights Act of 191}J,.
Section 3. That WiUiam Kohler, Tran-
sit Manager, is authorized to furnish
such additional inforrrwtion as the u.S.
Department of Trawpartation may re-
quire in connection with the appUcation
or the project.
Section 4. That the Mayor of the City
of Dubuque is authorized to set forth
and execute affirrrwJ;ive "",writy
business policies in connection with the
project's procurement needs.
Section 5. That the Mayor of the City
of Dubuque is authorized to execute
grant contract agreements on behalf of
the City of Dubuque with the U,S,
Department of Trawpartation far aid in
the financing of the operating assistance
projects.
Passed, approved and adopted this
15th day of October, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carlyn Farrell
Council Members
ATTEST;
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abseut-Council Member Tully.
Communication of City Manager sub-
mitting a resolution authorizing
expenditure of $3,000- for property
appraisal and $3,000. for soil testing
(Radford Road), presented and read.
Council Member King moved that the
commuuication be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, Kiing.
Nays-None.
Absent-Council Member Tully.
RESOLUTION NO. 263-79
Authorizing the Appraisal 01 Certain
Real Property and Soil-Boring Tests
435
Special Session, Octoher 15, 1979
Council Members
Thereon lor the Potential Development
01 an Indnstrial Site.
WHEREAS, the City of Dubuque
pursuant to Grant Agreement No.
B-79-MC-19-0004 has been authorized
by the Department of Housing and
Urban Development to carry out a
Community Development Block Grant
Program which includes among other
things the acquisition of certain real
property; and
WHEREAS, in accordance with the
Uniform Relocation Assistance and Real
Property Acquisition Policies Act, an
independent appraisal and staff review
of said appraisal of the real property
herein alter described be prepared on
behalf of the City 01 Dubuque: and
WHEREAS, Shive-Hattery &
Associates, Consulting Enwneers has
presented a Dubuque Industrial Park
Study (5HA #07814-0) dated August 17,
1979: now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA;
Section 1. That the Oity Manager be
and he is hereby authorized and di-
rected to execute agreements of ap-
praisal far a sum not to exceed Three
Thousand doUors Vß3, 000. 00) on the
foUowing described pa:rcels.
Section 2. ThaJ; the City Manager be
and he is hereby authorized and di-
rected to execute an agreement far
soil-brm'ng tests with Shive-Hottery and
Associates far a sum not to exceed
Three Thousand doaars ($3,000.00) on
the folwwing described parcels.
DescripDon
Nartheast Quarter; Narthwest
Quarter of Southaast Quarter, Lot 1 of
Nartheast Quarter of Southeast
Quarter and Lot 3 of 1 of Southwest
Quarter of Southeast Quarter all in
Sectùm 29, in Township 89 Narth,
làmge 2 East of the 5th P.M, Dubu-
qU£ County, Iowo, a£carding to
government survey and the recorded
P!JJ.ts of respective subdivisions.
Section 3. That the faregoing has
heretofore been approved by the
Community Devewpment C<Ymmissùm.
Passed, approved and adopted this
15th day of October, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
ATTEST:
Leo F. Frommelt
City Cierk
Council Member King moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
Communication of Dubuque Housing
u,mmission submitting revised Housing
Commission By-Laws for approval, pre-
sented and 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, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
RESOLUTION NO. 264-79
&soluDon Approving Revised By-Laws
01 the Housing Commission
WHEREAS, the Housing Commission
of the City of Dubuque, Iowa, has been
duly established to be governed by the
City Conncil of the City of Dubuque,
Iowa by Resolution No. 244-70, as
Amended; and
WHEREAS, the Housing Commission
is authorized by Section 4 of Resolution
No. 244-70 to adopt rules, by-laws and
regulations governing organization and
procedures deemed necessary, subject
to the approval of the City Councll; and
WHEREAS, the Housing Commission
has reviewed and revised its BY-LAWS
to bring them into couformance with
current practices:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
Section 1. Thot the City Council here-
by approves the By-Laws of the HOUS-
ING COMMISSION in the farm at-
ta£hed hereto and adopted by the
HOUSING COMMISSION ot their
rrwnth!y meeting on February 20, 1979,
with additionol revisions rrwd£ ot their
meetings of March 28, 1979 and Sep-
tember 18, 1979.
Passed, approved, and adopted this
15th day of October, 1979.
Richard Wertzberger
Mayor
Special Session, Octoher 15, 1979
436
D. Michael King
James E, Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Membor Farrell moved adop-
tion of the &solution and editorial
comments addressed hy Council
Member Brady be referred to the
Housing Commission. Seconded bv
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
Petition of The Salvation Army re-
questing permission to ring bells at the
K-Mart, Town Clock Plaza and Kennedy
Mall from November 23rd thru De-
cember 24, 1979, presented and read.
Co~il Member Brady moved that the
reque be approved and referred to the
City ager for implementation.
Seconded by Council Member Farrell.
Carried by the following vote: I
Yeas-Mayor Wertzberger, Council,
Members Brady, Farrell, King.
Nays-None-
Absent-Council Member Tully.
Petition of The Salvation Army re-
questing permission to sell their Christ-
mas War Cry Magazine from October
22nd thru November 30, 1979, pre-
sented and read.
Council Member Brady moved that the
request be approved subject to final
approval 01 the City Manager. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None. -
Absent-Council Member Tully.
Communication of Dubuque Fest
Chairman expressing thanks for support
wven at the first Dubuque Fest and
requesting an opportunity to discuss
next year's plans, presented and read.
Council Member Brady moved to sus-
pend the rules to let anyone present
address the Council if they so desire.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King-
Nays-None.
Absent-Council Member Tully.
Ruth Nash, Co-Chairman of the Dubu-
que Fest submitted their report and
expressed verbal "Thanks" for support
and monies received and read a letter of
appreciation from Dubuque Downtown
Association. Jerry Schroeder also
spoke to the communication. Council
Member Farrell moved that the com-
munication of Dubuque Fest Chairman
be received and filed. Seconded by
Council Member Brady- Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent--Council Member Tully.
Communication of Planning & Zoning
recommending approval of final plat of
Lots 1 thru 4 of McFadden Farm IWest
of Radford Road and Old Highway #20),
presented and read.
Council Member Farrell 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.
Nays-None.
Absent-Council Member Tully.
RESOLUTION NO. 265-79
ResoluDon Approving Plat oll."t 1, 01
Lat 2, Lot 3 and Lat 4 01 "McFadden
Farm" m Sections 31 and 32, Dubuque
Townsbip, Dubuque County, Iowa.
WHEREAS there has been filed with
the City Cierk a plat in which Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 2 of Lot 1 of Northeast One-
Quarter of Northeast One-Quarter, Sec-
tion 31, Township 89 North, Range 2
~t ~t5ih o¡r~~~~~eS:"Q'u=rr.::¡
Northeast One-Quarter, Section 31,
Township 89 North Range 2 East of 5th
Principal Meridian; and Lot 3 of Lot 1 of
Northwest One-Quarter of Northwest
One-Quarter, Section 32, Township 89
North, Range 2 East of 5th Principal
Meridian, each being in Dubuque Town-
ship, Dubuque County, Iowa, is platted
as:
Lot 1, Lot 2, Lot 3 and Lot 4 of
"McFadden Farm" in Sections 31 and
32, Dubuque Township, Dubuque
County, Iowa, and
WHEREAS said plat has been ex-
amined by the City Plan Commission
and had its approval endorsed thereon:
and,
WHEREAS said plat has been ex-
amined by the City Council and they
find the same conforms to the Statutes
and Ordinances relating thereto:
WHEREAS, the City is Planning a
major Industrial Site nearby and this is
public knowledge and known to the
Owner.
NOW, THEREFORE, BE IT RE-
437
Special Session, Octoher 15, 1979
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. The above described plat be
and the same is hereby approved and
the Mayar and Clerk be and they are
hereby authorized and directed to en-
dorse the approwl of the City upon sold
pial.
Passed, adopted and approved this
15th day of October, A.D" 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution as amended.
Seconded by Council Member King.
Carried by the following vote;
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
Communication of Plauning & Zoning
recommending approval of rezoning
property west of Century Drive from
the AG Agricultural District to the L-I
Light Industrial District (Fondell pro-
perty), presented and read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
Brady. Carried hy the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
An Ordinance of the City of Dubuque,
Iowa, providing that the Cede of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by reclassifying "Lot 1 of 2 of 1 of
20f1 oflofClln-Que, Inc. Addn. in the
City of Dubuque" from the AG Agri-
cultural District to the L-I Light In-
dustrial District (Fondell property west
of Century Drive), presented and read.
Council Member Farrell moved that
the reading jnst 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.
Nays-None.
Absent-Council Member Tully.
Council Member Farrell moved that
the rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
Council Member Farrell moved that a
public hearing be held on the Ordinance
on November 5, 1979 at 7:30 0' clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be
instructed to publish notice of the
hearing in the mauner required by law.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
Communication of Plauning & Zoning
submitting two final plats submitted by
Finley Hospital for property located
along West Third Street with the
Hospital Campus for approval, present-
ed and read.
Council Member Farrell 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.
Nays-None.
Absent-Council Member Tully.
RESOLUTION NO, 266-79
Resolution Approving Plat of the Sub-
divisiop 01 Lot 2 of Lot 1 of Lot 1 of Lot
1 of Lot 1 of Lot 2 of Lot 2 of Box-
leiter's Subdivision of Lot 1 of Caroline
Boxleiter's Subdivision of Mineral Lot
160 in the City of Dubuque, Iowa;
WHEREAS there has been filed with
the City Clerk a plat in which Lot 2 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2
of Lot 2 of Boxleiter's Subdivision of Lot
1 of Caroline Boxleiter's Subdivision of
Mineral Lot 160 in the City of Dubuque,
Iowa, is platted as; Lot 1 and Lot 2 and
Lot 3 each of the Subdivision of Lot 2 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2
of Lot 2 of Boxleiter's Subdivision of Lot
1 of Caroline Boxleiter's Subdivision of
Mineral Lot 160 in the City of Dubuque,
Iowa; and
WHEREAS said piat has been ex-
amined by the City Plan Commission
and had its approval endorsed thereon;
and,
WHEREAS said plat has been ex-
amined by the City Council and they
find the .ame conforms to the Statutes
and Ordinances relating thereto:
Special Session, Octoher 15, 1979
438
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
Section 1. The above described plat be
and the same is hereby approved and
the Mayor and Clerk be and they are
hereby authorized and directed to en-
dorse the approval of the Oity upon sold
pÙ11.
Passed, adopted and approved this
15th day of October, A,D., 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST;
City Clerk
Leo F. Frommelt
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
RESOLUTION NO- 267-79
ResoluDon Approving Plat of "Doctor's
Place" in the City of Dubuque, Iowa,
nod "Ramp Place" in the City of
Dubuque, Iowa
WHEREAS there has been filed with
the City Clerk a plat in which Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2
of Lot 2 of Boxleiter's Subdivision of Lot
1 of Caroline Boxleiter's Subdivision of
Mineral Lot 160 in the City of Dubuque,
Iowa: and of Lot 2 of Lot 2 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2
of Boxleiter's Subdivision of Lot 1 of
Caroline Boxleiter's Subdivision of
Mineral 160 in the City of Dubuque,
Iowa; and of Lot 2 of Lot 2 of Lot 2 of
Lot 2 of Mineral Lot 160 in the City of
Dubuque, Iowa; and of Lot 2 of Lot 1 of
Lot 7 of Sidonia Hosford's Subdivision
in the City of Dubuque, Iowa, is platted
as Doctor's Place" in the City of
Dubuque, Iowa, and
WHEREAS there has been filed with
the City Clerk a plat in which Lot 26,
Lot 27, Lot 28, Lot 29, the East 24 feet
4 inches of Lot 30, the West 25 feet 8
inches of Lot 30, Lot 31, Lot 32 uA" and
Lot 32 "B", each in Finley Home
Addition in the City of Dubuque, Iowa;
andofLot2ofLot 1 of Lot 2 of Lot 2 of
Boxleiter's Subdivision of Lot 1 of
Caroline Boxleiter's Subdivision of
Mineral Lot 160 in the City of Dubuque,
Iowa: and of Lot 1 of Lot 2 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2
of Boxleiter's Subdivision of Lot 1 of
Caroline Boxleiter's Subdivision of
Mineral Lot 160 in the City of Dubuque,
Iowa, is platted as "Ramp Place" in the
City of Dubuque, Iowa, and
WHEREAS said plat has been ex-
amined by the City Plan Commission
and had its approval endorsed thereon:
and,
WHEREAS said plat has been ex-
amined by the City lÀuncii and they
find the same conforms to the Statutes
and Ordinances relating thereto;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
Section 1. The above descrived plat be
and the same is hereby approved and
the Mayar and Clerk be and they are
hereby authorized and directed to en-
dorse the approval of the Oity upon sold
pÙ11.
Passed, adopted and approved this
15th day of October, A.D., 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST;
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
Communication of City Manager sub-
mitting Ordinances amending the Traf-
fic Code for Twelfth Street and East &
West Twelfth Street, setting parking
time limits and no parking in area,
presented and read.
Cletus Gartner, co-owner of Hobbies
Unlimited at 12th & White, addressed
the Council objecting to proposed traffic
pattern and removal of parking on north
side of 12th St.; Of opinion it would
create potential loss of Revenue for
their business and cause an in-
convenience to his customers.
Council Member King moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King-
439
Special Session, October 15, 1979
Nays-None.
Absent-Council Member Tully.
ESTABLISHMENT OF PARKING
METER DlSTIUCTS IN THE CITY OF
DUBUQUE
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Subsectùm 12 of Dis-
tri£t B, of Section 25-326 of the Code of
Ordinances of the Oity of Dubuque,
Iowa, be amended so that such Subsec-
tion shall read o.s foUows:
"Sec. 25-326 District Parking Meter
District B.
12. Twelfth Street, south side between
Ce1l1M Avenue and Main Streets. "
Section 2. That the Code of Ordi-
nances of the Oity of Dubuq¡æ, Iowa, be
amended by adding a sectùm to be
numbered Subsection 13, of District A,
of Section 25-326, to read o.s foUows:
"Sec. 25-326 Districts Parking Meter
District A.
13. Twelfth Street, South sú1e be-
tween Central Avenue and White
Street."
Section 3. That all Ordinances ar parts
of Ordinances in conflict with this Ordi-
nance are hereby repealed,
Passed, adopted and approved this
15th day of October, 1979.
Richard Wertzberger
Mayor
D. Michael King
Carolyn Farrell
Council Members
ORDINANCE NO, 63-79
An Ordfuance of the City of Dubuque,
Iowa, providing that the Cede of
Ordinances, City of Dubuque, Iowa, be
amended by revising subsection 12 of
District B of SecDon 25-236 of said
Code: to Umit parking to 120 minutes at
aoy one time on the south side of
Twellth Street from Central Avenue to
Main Streeet, and by adding a new
subsection 13 to District A of Section
25-326 of said Code: to Umit parlång to
not longer than 60 minutes on the south
side of Twelfth Street from Central
Avenue to White Street to provide for
the establishment of Parking Meter
Districts in the City of Dubuque,
presented and read.
Council Member Brady moved to table
the Ordinance to the first meeting in
November.
MOTION DIED FOR LACK OF A
SECOND.
Council Member King moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King.
Nays-Council Member Brady.
Absent-Council Member Tully.
Council Member King moved that the
rule reqtriring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, Kiing.
Nays-Council Member Brady.
Absent-Council Member Tully.
ORDINANCE NO. 63-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING SUBSEC-
TION 12 OF DISTRICT B OF SEC-
TION 25-326 OF SAID CODE: TO
LIMIT PARKING TO 120 MINUTES
AT ANY ONE TIME ON THE SOUTH
SIDE OF TWELFTH STREET FROM
CENTRAL A VENUE TO MAIN
STREET, AND BY ADDING A NEW
SUBSECTION 13 TO DISTRICT A OF
SECDON 25-326 OF SAID CODE: TO
LIMIT PARKING TO NOT LONGER
THAN 60 MINUTES ON THE SOUTH
SIDE OF TWELFTH STREET FROM
CENTRAL A VENUE TO WlßTE
STREET TO PROVIDE FOR THE
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 18th day of
October, 1979.
Leo F. Frommelt
City Clerk
It 10/18
Council Member King moved final
adoption of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, Kiing.
Nays-Council Member Brady.
Absent-Council Member Tully.
ORDINANCE NO. 64-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING SUB-
SECDON A.28 AND SUBSECDON A.
102 OF SUBSECDON (eI), OF SEC-
TION 25-257 OF SAID CODE: PRO-
VIDING THAT WHEN SIGNS ARE
ERECTED GMNG NOTICE THERE-
OF, NO PERSON SHALL, AT ANY
TIME, PARK A VEHiCLE UPON ANY
SpeeiaI Session, October 15, 1979
OF THE FOLLOWING DESCRIBED
STREETS OR PARTS OF STREEl'S,
presented and read.
Council Member Brady moved to table
the Ordinance to the first meeting in
November,
MOTION DIED FOR LACK OF A
SECOND.
Council Member King moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, Kiing.
Nays-Council Member Brady,
Absent-Council Member Tully.
Council Member that the
rule re to be
received gs prior
to the. meeting when final action is
taken, be dispensed with. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertberger, Council
Members Farrell, Kiing.
Nays-Council Member Brady.
Absent-Council Member Tully.
ORDINANCE NO. 64-79
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE A-
MENDED BY REVISING SUBSEC-
TION A.28. AND SUBSECDON A.I02
OF SUBSECDON (d), OF SECTION
25-257 OF SAID CODE: PROVIDING
THAT WHEN SIGNS ARE ERECTED
GIVING NOTICE THEREOF, NO Per-
SON SHALL, AT ANY TIME, PARK
A VElI!..CLE Ui'(!N. ANY OF TIlE
FOLLOWING DESCRIBED STItEFI'S
OR PARTS OF STREEl'S.
NOW, THERÈFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thai; Subsectùm A.28., and
SubsectùmA.I02. of Subsection (d)of
Sectùm 25-257 be U1Mnded so thai S'UCh
s-ubsectùm shall read as foUows:
"Sec. 25-257.
(d) When signs are erected giving
notice thereof, no person shall at any
time, park a vehicle upon any of the
foUowing described streets or parts of
streets:
A. The foUowing streets or portions
are designated as no parking zones:
28, East Twelfth Street on the North
side jr<Ym Central Avenue to mm St.
102, West Twelfth Street on the
South and West side jr<Ym Blvlf Street
toGroveTemJ£e and on the North side
jr<Ym Central Avenue to Main Street. "
Passed, adopted and approved this
15th day of October, 1979.
Richard Wertzberger
Mayor
D. Michael King
Carolyn Farrell
Council Members
A'ITEST;
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald this 18th day of October, 1979.
Leo F. Frommelt
City Clerk
It 10/18
Council Member Kiing moved final
adoption of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wer!zberger, Council
Members Farrell, Kiing.
Nays-Council Member Brady,
Absent-Council Member Tully.
Communication of City Manager sub-
mitting two alternatives in the matter
of Sehiltz Development Corp. request-
ing vacation of an easement, however
recommending retention of whatever
ownership the City might have in the
easement and recommending denial of
the request, presented and read.
Attorney Leo McCarthy, representing
Schiltz Development Corp., requested
the Council set the matter for a public
hearing and advise Schiltz Development
Corp- of how much land will be needed
for proposed Arterial Highway,
Attorney Allan Carew, representing
Dr. Mullapudi, advised the Council that
the request for vacating of an easement
would cut off access to their property;
City should not vacate any rights.
He is of opinion there is no urgency for
vacation of property at all; His client is
entitled to access rights; Requesting
Council to adopt recommendation as
submitted by Staff. Council Member
Brady moved that the communication of
the City Manager be received and filed
and recommendation of denial be ac-
cepted. Seconded by Council Member
Farrell. Carried by the following vute:
Yeas-Council Members Brady, Far-
rell, King.
Nays-Mayor Wertzberger.
Ahsent-Council Member Tully.
Communication of City Manger recom-
mending lWbert Steichen be reap-
pointed to the Plumbing Board for a 5
year term expiring 11-2-84, presented
and read.
Council Member Farrell moved con-
cummce with the recommendaDon.
Seconded hy Council Member Kiing.
Carried by the following vote:
Yeas-Mayor Wer!zberger, Council
Members Brady, Farrell, Kiing,
Nays-None,
Absent-Council Member Tully.
440
441
Special Scssion, Octobcr 15, 1979
Council Mcmbcr Farrell moved that
Council Member Brady be appointed to
continue to serve on the Plumbing
Board as member of Board of Health
until he be replaced. Seconded by
Mayor Wertzberger. Carried by the
following vote;
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
Communication of City Manager re-
commending George KlInge and William
Grothe be reappointed to the Electrical
Examiners Board for a 4 year term
expiring 7-12-83 and Daniel Hughes be
appointed for an unexpired 4 year term
expiring 7-12-80, presented and read.
Council Member Farrell moved con-
curreuce with the recommendations.
Seeonded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
RESOLUTION NO. 268-79
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and ap-
proved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
Ordinances of this City and have filed
proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, that the
Mauager be authorized to cause to be
issued to the following named applicants
a Beer Permit.
CLASS "B" BEER PERMIT
Big "G" Steak House, Inc. Plaza 20
(Also Sunday Sales)
J & P O'Hara, Inc. 855 Centruy Drive
(Also Sunday Sales)
CLASS"C" BEER PERMIT
Kopple's Market, Inc- 1098 University
(Also Sunday Sales)
Nabors 01 Iowa, Inc. 1920 Elm Street
(Also Sunday Sales)
Passed, adopted and approved this
15th day of October, 1979.
Richard Wertzberger
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
ATTEST:
Leo F. Frommelt
City Cierk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote;
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
RESOLUTION NO. 269-79
WHEREAS, Applications of Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they have filed
proper bonds;
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 the following named applicants a
Liquor License.
CLASS"B" (HOTEL-MOTEL)
BEER & LIQUOR LICENSE
Anthony A. & Betty O. Helling
701 Dodge Street
(Also Sunday Sales)
CLASS"C" (COMMERCIAL)
BEER & LIQUOR LICENSE
David L. Koeller 2987 Jackson St.
(Also Sunday Sales)
Orville P. Murphy 139 Locust St.
(Also Sunday Sales)
Passed, adopted and approved this
15th day of October 1979.
Richard Wertzberger
Mayor
D, Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seeonded by
Council Member Farrell. Carried by
the lollowing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
RESOLUTION NO- 270-79
WHEREAS, The City of Dubuque,
Special Session, Octoher 15, 1979
442
Iowa has acquired the real estate here-
inafter described from Powers Brothers
Corporation, an Iowa Corporation; and
WHEREAS, said persons have de-
livered a Warranty Deed conveying real
estate to the City of Dubuque, Iowa,
described as:
Lot 2 of Lot 2 of Block 6 of Asbury
Springs Subdivision Number 4
in the City of Dubuque, as shown on the
attached plat Exhibit "A"; and
WHEREAS, said delivery of deed
dated July 20, 1979, by said persons to
the City of Dubuque, Iowa, should be
accepted;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA;
Section 1. That the delivery of War-
ranty Deed by: Powers Brothers Cor-
paration, an Iowa Corporation convey-
ing to the my of Dubuq1æ, Iowa, the
hereinabove described real estate be
and the same is hereby O£cepted.
Section 2. That the my Clerk be and
he is hereby authorized and directed to
cause said Warranty Deed to be re-
corded in the Office of the Dubuque
County Recarder together with certified
copy of this Resotutùm.
Section 3. That the City Clerk be and
he is hereby directed to farward a
certified copy of this Resolution to the
Dubuque Cøanty Assessor and the
Dubuque County Auditor-
Passed, adopted, and approved this
15th day 01 October, 1979.
Richard Wertzberger
Mayor
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion 01 the Resolutiou. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell.
Nays-None.
Abstain-Council Member King.
Absent-Council Member Tully.
Communication of City Assessor in-
dicating approval by the Court of
Stipulation of Settlement relative to
January 1, 1978 tax settlement on
Clarence & Gertrude pfohl property for
City Lot N'h of S.M. 115 of Lot 436,
presented and read.
Council Member Farrell 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.
Nays-None.
Absent-Council Member Tully.
Communication of Five Flags Center
submitting a recommendation in re-
sponse to Council request of August 20,
1979, to consider offering two free days
of usage to the Colt Drum & Bugle
Corps tbat same be rejected with
regrets, presented and read.
Council Member Farrell 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.
Nays-None.
Absent-Council Member Tully.
Communication of Community De-
velopment advising of an annual contri-
butions contract to the Council for
execution in the near future relative to
Section 8 Moderate Rehab, Program, in
the amount of $198,624.. presented and
read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Couucil Member
King. Carried by the following vote;
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
Communication of City Manager ad-
vising of settlement of claim as the
result of sewer coustruction on the
property of Mary G. Corell on Miller
Road, presented and read.
Council Member Farrell 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.
Nays-None.
Absent-Council Member Tully.
MINUTES SUBMITTED--Historic
Preservation Commission of 9-25; Cable
TV Commission of 8-7; Ambulance
Study Task Force of 9-28; Recreation
Commission of 9-10; Five Flags Center
Commission of 9:25; Planning & Zouing
Commission of 10-3, presented and
read.
Council Member Farrell moved that
the minutes be received and filed.
Seeonded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tully.
443
Special Session, October 15, 1979
Proof of Publication, certified to by the
Publisher, of Statement of Receipts and
Disbnrsements for the month of
August, 1979, presented and read.
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.
Nays-None.
Absent-Council Member Tnlly.
Printed Council Proceedings for the
month of June, 1979, presented for
Council approval. Council Member
Farrell moved that the Council Pro-
ceedings be approved as printed.
Seconded by Council Member Brady,
Carried by the foliowing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tnlly.
CommunicaDon of Corporation Counsel
rw':~f 3:eddis~=th~ :n:ïrinbS;:¡¡
Clalme Conrt, at no cost to the City,
presented and read, Council Member
Farrell moved that the commnnication
be received and filed and approved.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tnlly.
Communication of Corporation Counsel
advising of property being returned
that was seized by the Police Depart-
ment to the City of Dubuque, which was
claimed by the City as money taken
from parking meters, presented and
read,
Council Member Farrell moved that
the communication be received and filed
and approved. Seconded by Council
Member Brady. Carried by the follow-
ingvote;
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tnlly.
Petition of St. Colnmbkille's Church
requesting refund on the unexpired
portion of Class "B" Beer Pennit, in the
amount of $225" presented and read,
Council Member Farrell moved that
the refund be /VJ!!Ited and City- Auditor
directed to - ISSne proper warrant,
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tnlly.
NOTICES OF CLAIMS--Theodore G.
Bradac, in the amount of $100., for car
damage incurred as the result of car
being driven into a depression in the
street at southeast corner of Asbury &
JFK Road on 9.23-79: Thomas J, Smith,
in the amount of $1000., for personal
property withheld by the Conrt as the
result of a robbery at 440 Loras and
being dispensed of at sheriffs sale; Mae
C. Rieselmann, in an unspecified
amount, for personal injuries received
as the result of stepping off a bus and
into a hole at the corner of E. 12th &
Jackson St. on 9-1I-79; Notice of Suit
by Charles A, Selensky Admr., et ai, in
the amount of $1,350,000" alleging that
injuries and death of Jean Ann Selensky
were the direct and proximate result of
negligence by the City thru its police
officers on May 31, 1979, presented and
read.
Council Member Farrell moved that
the Notices of Clalme and Notice of Suit
be referred to Corporation Counsel.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Absent-Council Member Tnlly.
Alfred Polsean of Crescent Ridge
requested to address the Council rela-
tive to Patch Paving and Purchase of
House on 8th St. by the City. Mayor
Wertzberger ruled that Alfred Polsean
was "Out of Order".
There being no further business,
Council Member King moved to ad-
journ. Seconded by Council Member
Farrell, Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King,
Nays-Council Member Brady,
Absent-Council Member Tnlly.
Leo F. Frommelt
City Clerk
Speeial Session, October 24, 1979
444
CITY COUNCIL
OFFICIAL
OCTOBER 16, 1979, FOR THE POSI-
TIONS OF CITY COUNCIL AND
PARK BOARD and acting upon such
other business as may properly eome
before a Regular Meeting of the
Council.
Proof of Publication, certified to by the
Publisher, of Official Ballot for Primary
Election held on October 16, 1979,
presented and read. Council Member
Tully moved that the proof of publi-
cation be received and filed. Seconded
by Council Member King. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members King, Tnlly.
Nays-None.
Absent-Council Members Brady,
Farrell.
Special Session, October 24, 1979.
Council met at 4;30 P.M. (C.D. T,)
Present-Mayor Wertzberger, Council
Members King, Tnlly. City Manager
W. Kenneth Gearhart.
Absent-Council Members Brady,
Farrell.
Mayor Wertzberger read the call and
stated that service thereof had bsen
duly made and this Meeting is called for
the purpose of ACCEPTING THE
CANVASS OF THE MUNICIPAL PRI-
MARY ELECTION HELD ON
Approved
1980
1980
Adopted
Council Members
ATTEST:
City Clerk
CITY OF DUBUQUE MUNICIPAL PRIMARY ELECTION
HELD OCTOBER 16, 1979 - CANVASS HELD OCTOBER 18, 1979
State of Iowa) ss:
Dubuque County)
I
i 1-
~ ~
..... Z
g ~
~ ~
We, the undersigned members of the Board of Supervisors acting as a Board of
Canvassers, do hereby certify that the following is a true and correct abstract of
the vote cast for each of the City Council Candidates in the City of Dubuque
Primary Election held on October 16, 1979, as listed and enumerated herein below
by precinct and in accordance with the respective returns from the Precinct
Election Officials.
We further certify that at said Primary Election the four candidates receiving the
highest number of votes in the Primary to the extent of twice the number of
unfilled positions, or two positions, as per section 376.7 and 376.8 fowa Cede, 1979,
are declared nominated and to be placed upon the ballot for the regular City
Election, November 6, 1979,
1
2
3
4
6
6
7
8
9
10
1I
12
13
14
15
26
8
14
35
20
29
14
1I
6
1I
9
13
1I
12
4
12
3
5
8
5
1
6
1
6
4
6
4
6
14
8
gJ
t'j
~
r4
~
:3
88
30
60
93
88
64
4S
38
50
88
67
63
66
55
53
ø
~
~
~
~
I ~ ~
~ ~ ~
~ ~ ¡¡j
22
9
26
66
35
30
19
23
10
9
23
21
30
23
24
103 107
36 31
53 82
133 173
70 73
57 71
31 34
4S 4S
35 34
78 53
1I7 146
1I6 74
198 122
104 85
87 68
30
3
16
28
9
13
9
14
17
18
32
21
62
24
18
!
p.;
~
35
15
26
60
30
25
15
15
24
29
44
31
57
55
37
; ~
Z >< P::
~ ~ ~
! ~ I
~
;>
g
¡...
13
9
7
20
5
4
6
15
10
12
10
13
34
23
19
16
5
7
15
4
4
5
6
4
9
9
9
1I
2
3
54 265
17 88
25 172
73 364
36 191
28 175
28 1I3
51 142
'n 1I9
51 171
67 287
85 242
140 390
82 252
51 197
445 Special Session, October 24, 1979
I
16 11 6 75 14 72 56 24 43 26 6 60 208
17 6 6 82 27 141 116 47 37 25 11 79 300
18 7 11 48 22 106 82 41 31 15 10 79 237
19 23 6 75 42 148 96 48 33 24 7 99 314
20&27 23 10 59 45 98 96 29 44 25 11 76 272
21 10 10 37 14 118 107 35 21 9 10 66 231
22 10 4 37 30 118 33 30 31 7 6 76 226
23 27 10 35 34 108 99 30 37 7 12 59 249
24 8 8 52 16 179, 120 40 37 20 6 137 340
25 10 3 27 11 140 76 21 21 11 4 107 231
26 4 3 12 3 15 9 11 3 1 4 11 41
Absentee 9 8 12 7 33 47 7 38 11 4 9 115
TOTALS371 174 1450 635 2560 2193 677 874 381 200 1673 5932
We, the undersigned members of the Board of Supervisors of Dubuque County,
Iowa, and exofficio Board of Canvassers for said County, do hereby certify that at
the Municipal Primary Election held October 16, 1979, the following persons were
nominated to have their names placed on the General Municipal Election Ballot as
candidates for the office of City Councilman.
John L. Feiderman
William K. Hammel
Michael W. Pratt
Donald E. Deich, Sr.
CITY OF DUBUQUE PARK BOARD PlUMARY ELECTION
HELDONOCT.16,l979-CANVASHELDONOCT.18,1979
p;:
~i
I~
:>!
86
27
46
95
42
49
26
45
33
55
92
93
146
86
79
59
86
105
132
94
111
33
61
153
124
11
34
2033
~
~
I~
90
27
54
131
72
56
43
43
44
71
107
92
151
34
70
94
130
70
112
91
63
83
98
102
62
14
53
2119
1
2
3
4
5
6
7
8
9
10
11
12
13
'14
15
16
17
18
19
20&27
21
22
23
24
25
26
Absentee
TOTAL
Candidates
~~
~~
36
6
30
54
18
20
13
22
12
17
23
16
26
13
16
17
28
18
28
35
17
18
44
16
12
7
8
570
u
P;:w
dl=;
32
19
21
46
26
27
17
23
20
16
38
20
47
43
20
27
83
23
37
39
26
25
23
49
16
3
16
732
Special Session, Octoher 24, 1979
446
We do hereby certify that at the
Municipal Primary Election held on
October 16, 1979, the following per-
sons were nominated to have their
names placed on the General Election
Ballot as candidates for the office of
Park Board Commissioner.
Frederick R. Appel
Kerin Kae Moldenhauer
In testimony, whereof, we have here-
onto set our hands and caused this to be
attested to and sealed by the County
Auditor as Commissioner of Elections,
this 18th day of October, 1979.
Lloyd C. Hayes,
Chairman
Wilfred Bah!,
Member
Dunna L. Smith,
Member
ATTEST;
Terrence J. Hirsch,
Auditor
Commissioner of Elections
~
.w
~I
9
4
8
15
7
2
5
3
4
6
10
8
5
6
4
5
3
13
3
5
2
9
10
7
3
2
1
159
Council Member Tully moved that the
Canvass be received and made a Matter
of Record. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members King, Tully.
Nays-None
Absent-Council Members Brady,
Farrell.
There being no further business,
Council Member Tully moved to ad-
journ. Seconded by Council Member
Kiing.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members King, Tully.
Nays-None.
Absent-Council Members Brady, Far-
rell.
Leo F. Frommelt
City Clerk
Approved
Adopted
1930
1980
Council Members
ATTEST:
City Clerk