1979 November Council Proceedings
Regular Session, November 5, 1979
447
CITY COUNCIL
OFFICIAL
Regular Session. November 5. 1979.
Conncil met at 7:30 P.M. IC.S.T.)
Present--Mayor Wertzberger. Coun-
cil Members Brady. Farrell. King.
Tully. City Manager W. Kenneth
Gearhart.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and tbis meeting is THE
REGULAR MONTHLY MEETING of
the City Conncil called for the purpose
of acting upon snch business as may
properly come before the Meeting.
Invocation was given by Dr. William
H. Weiblen of Wartburg Theological
Seminary.
Proclamation proclaiming second
week of November as "Yonth Apprecia-
tion Week" was read and so proclaimed
by Mayor Wertzberger.
Proof of Publication. certified to by
tbe Publisher. of Notice of Public
Hearing to reclassify Lot 1 of 2 of 1 of 2
of 1 of 1 of Clin-Que Addn. from AG
Agricultural to L-I Light Industrial
District (West of Century Drive) (Fon-
dell & Sons Inc.). presented and read.
No written objections were filed and
no oral objectors were present in the
Conncil Chamber at tbe time set for the
hearing. Council Member Tully moved
tbat the proof of publication be received
and filed. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger. Conncil
Members Brady. Farrell. King. Tully.
Nays-None.
OIIDINANCE NO. 65-79
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 THEREOF, ALSO
KNOWN AS TIlE .ZONING ORDI-
NANCE AND ZONING MAP OF TIlE
CITY OF DUBUQUE, IOWA", BY RE-
CLASSIFYING PROPERTY WEST OF
CENTURY DRIVE FROM TIlE AG
AGRICULTURAL DISTRICT TO TIlE
L-I IJGHT INDUSTRIAL DISTRICT
AS REQUESTED BY FONDELL &
SONS, INC.,
said Ordinance baving been previously
presented and read at the Conncil
Meeting of October 15. 1979. presented
for final adoption.
OIIDINANCE NO. 65-79
AN OIIDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT TIlE CODE OF OIIDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING AP-
PENDIX A THEREOF, ALSO
KNOWN AS TIlE .ZONING ORDI-
NANCE AND ZONING MAP OF TIlE
CITY OF DUBUQUE, IOWA", BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY WEST OF
CENTURY DRIVE FROM TIlE AG
AGRICULTURAL DISTRICT TO TIlE
L-I IJGIIT INDUSTRIAL DISTRICT.
NOW. THEREFORE. BE IT
ORDAINED BY THE CITY COUNCIL
OF 1'HE CITY OF DUBUQUE. IOWA:
Section I. That the Code of Ordi-
=es of the Oity of Dubu([UÆ. Iowa,
be œmeruied by revising Appeudix A
thereof, aho kTwwn as the "Zoning
Ordimnce ami Zoning Map of the Oity
of Dubuque. Iowa, .. to rec!Jlßsify herein-
after described property fmm the AG
Agriculturnl District to the L-I Light
IruiWltriaJ District. to wit:
Lot 1 of Lot 2 of Lot 1 of Lot 2
of Lot 1 of Lot 1 of Clin-([UÆ. Inc.
Addition in the Oity of Dubuque. Iowa,
according to the PIa1 thereof filed
October 10. 1978. Instrument No.
9792-1978.
Section 2.That the foregoing amend-
ment has heretofore been approved by
the Pln.nning ami Zoning Commission of
the Oity of Dubuque. Iowa.
Passed, Adopted and Approved tbis
5th day of November, 1979.
Richard Wertzberger.
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Publlsbed officially in tbe Telegraph
Herald Newspaper tbis 9tb day of
November, 1979.
LeoF. Frommelt
City Clerk
It 11/9
Council Member Tully moved final
adoption of tbe Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Conncil
Members Braoy, Farrell, King. Tully.
Nays-None.
Proof of Publication, certified to by
the Publisher of Notice to George
Connelly. also certified mall receipt
relative to demolition of building at 1750
Miller Road. presented and read.
Conncil Member Tully moved to
suspend the rules to let anyone present
address the Council if tbey so desired.
448
Regular Session, November 5,1979
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
George Connelly spoke to the Council
stating bis neigbbor is satisfied with
process being made. Building Inspector
French recommended the Council grant
an extension to Mr. Connelly as he too
is satisfied with work being accomp-
lished.
Conncil Member Farrell moved that
the proof of publication be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
Communications of Roy French.
George Connelly, Gerald L. Meester.
M.D.. Thomas J. Bimrose. all being
favorable to progress and extension of
time, presented and read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Conncil Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King, Tully.
Nays-None.
A RESOLUTION autborizing tbe
City Manager to cause tbe structure
located on Lot 2 of 2 of M.L. 499 (1750
Miller Road) be dismantled. presented
and read.
Council Member Brady moved that
the resolution be tabled to the first
Council Meeting in February. Seconded
by Council Member Tully. Carried by
the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
Council Member Tully further moved
that the City Manager be directed to
furnish a monthly progress report to
tbe Council. Seconded by Council
Member Brady. Carried by tbe follow-
ingvote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell, King. Tully.
Nays-None.
OIIDINANCE NO. 66-79
AN OIIDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT TIlE CODE OF OIIDINANCES,
CITY OF DUBUQUE, IOWA, BE A-
MENDED BY ADDING A NEW SEC-
TION 25-190 , PROVIDING THAT
HEAVY VEIllCLES ARE PROillBIT-
ED ON CERTAIN BRIDGES I ROCK-
DALE RD. BRIDGE OVER CATFISH
CREEK).
presented and read.
Conncil Member Tully moved tbat the
r.,ding just had be considered the first
reading of the Ordinance. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
Council Member Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farreli. King, Tully,
Nays-None.
OIIDINANCE NO. 66-79
AN OIIDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT TIlE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY ADDING A NEW
SECTION 25-190, PROVIDING THAT
HEAVY VEillCLES ARE PRO-
illBITED ON CERTAIN BRIDGES.
NOW. THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That a new Section 25-190
be added to the City of Dubu([UÆ. Iowa
Code of Ordimnces as foUows:
Section 25-190, Heavy Vebicles Pro-
bibited on Certain Bridges.
a) When si9ns are erected 9iving
notice thereof, no person sholl operate a
vehicle exceeding those posted gross
vehicle weight limits on. or over. the
foUowing bridges:
I)Rockdale Road Bridge over Catfish
Creek - 5 ton gross vehicle weight.
b) That no exceptions to this section
of the Code of Ordinances be aUowed.
Passed. adopted and approved. tbis
5tbdayofNovember, 1979.
Richard Wertzberger.
Mayor
Thomas A. Tully. Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Conncil Members
ATTEST:
Leo F. Frommelt,
City Clerk
Publisbed officially in the Telegrapb
Herald Newspaper tbis 9tb day of
November. 1979.
Leo F. Frommelt
City Clerk
It 11/9
Council Member Tully moved fioal
adoption of the Ordinance. Seconded by
Council Member Brady. Carried by the
folowing vote:
Yeas-Mayor Wertzberger, Council
Regular Session, November 5, 1979
449
Members Brady. Farrell. King. Tully.
Nays-None.
ORDINANCE NO. 67-79
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT TIlE CODE OF OIIDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY ADDING A NEW W-
CATION TO SUBSECTION C, SEC-
TION 25-220, PROVIDING FOR A 10
I\ßLE PER HOUR SPEED LIMIT ON
'I1IE ROCKDALE ROAD BRIDGE,
presented and read.
Council Member Tully moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Couocil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
Council Member Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
tnken. 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. 67-79
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT TIlE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE A-
MENDED BY ADDING A NEW W-
CATION TO SUBSECTION C, SEC-
TION 25-220, PROVIDING FOR A
10-I\ßLE PER HOUR SPEED LIMIT
ON TIlE ROCKDALE ROAD BRIDGE.
NOW. THEREFORE. BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the Code of Ordi-
mnces of the City of Dubuque. Iowa, be
amemied by adding a new location to
Subsection C. Section 25-220. to read as
foUows:
Section 25-220. LinUts Generally
(c) The foUowing sluJJ1 be lawful
speed on the streets or portions thereof
desigmted herein:
Rockdale Road from the northeast
abutment of the Rockdale Bridge to the
southwest abutment. 10mph.
Passed. adopted. and approved this
5tb day of November. 1979.
Richard Wertzberger.
Mayor
Thomas A. Tully. Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in tbe Telegrapb
Herald Newspaper tbis 9th day of
November. 1979.
Leo F. Frommelt
City Clerk
It 11/9
Council Member Tully moved final
adoption of the Ordinance. Seconded by
Council Member F'arrell. Carried by
the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
Communication of City Attorney re-
commending acceptance of deed to Lot 2
of Block 17 and Lot lA of Block 6 in
Mettel Byrne Addition. presented and
read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the foliowing vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. Tully.
Nays-None.
Abstain-Council Member King.
RESOLUTION NO. 271-79
WHEREAS. the City of Dubuque.
Iowa bas negotiated for the acqnisition
of Lot 1 of Lot 2 in Block 17 and Lot lA
in Block 6 in Mettel-Byrne Addition in
tbe Clty of Dubuque. Iowa. according to
tbe respective recorded Plats thereof:
and
WHEREAS. the Mettel Realty &
Investment Co. has delivered a deed to
the City of Dubuque. Iowa: and
WHEREAS. said delivery of deed
sbould bereby be accepted:
NOW. THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the warranty deed of
Mettel Realty & Investment Co. dnted
the 2rui dny of October, 1979. conveying
to the Oity of Dubuque, Iowa, the above
described real estate. delivery of same
be ami it is hereby accepted.
Section 2. That the Oity Clerk be ami
he is hereby directed to record said
warrœnty deed in the office of Dubuque
County Reeorder.
Passed, npproved and adopted tbis
5tb day of November. 1979.
Richard Wertzberger
Mayor
Thomas A. Tully. Jr.
Carolyn Farrell
James E. Brady
-- --
450
Regular Session, November 5, 1979
Regular Session, November 5, 1979
451
Council Members
City Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger. Conncil
Members Brady. Farrell, Tully.
Nays-None.
Abstain-Council Member King.
RESOLUTION NO. 272-79
WHEREAS. the Dubnqne County
Board of Supervisors and tbe Dubuque
City Council have traditionally been
interested in and concerned about tbe
social problems wbich exist within
Dubuque Connty; and
WHEREAS. representatives of
several Human Service Agencies in Du-
buque County bave been meeting to-
getber in an effort to bnprove the
delivery of services to families in need
of belp. to better understand the social
problems that exist and to seek the
assistance of the entire community in
identifying problems and taking steps to
bnprove the functioning and well-being
of many of tbe people of Dubuqne
County; and
WHEREAS, a commnnity meeting will
take place on Wednesday. November
28, at the Five Fiags Center to present
tbe problem of people. families and
cbildren in such a way tbat goals can be
set for buman services in Dubuque
Connty: and
WHEREAS, tbe Dubuque County
Supervisors bave adopted a resolntion
of similar content expressing tbeir
snpport for the purpose of tbe meeting:
NOW. THEREFORE. BE IT RE-
SOLVED BY TIlE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Dubuque City
ClYuncil joins the Dubu([UÆ County
Supervisors in supporting the goah of
this meeting ami urge that citizens
interested in creative ways to we the
resources that exist in the community
to begin to solve our socWl problems.
atterui ami participate in the meeting.
Passed, approved and adopted tbis
5tb day of November, 1979.
Ricbard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn Farrell
P.M. in the Council Cbamber at the City
Hall and that the City Clerk be
instructed to pnblish notice of tbe
hearing in tbe manner reqnired by law.
Seconded by Conncil Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger. Council
Members King. Tully.
Nays-Conncil Members Brady. Far-
rell.
Communication of Kiauer Mfg. Co.
submitting formal notice of election to
exercise their option to purchase Lots 6.
7. 8 and 9, all Block 1 in River Front
Sub. No.5. presented and read.
Conncil Member Tully moved to table
tbe communication to a recessed meet-
ing to be held on November 6. 1979 at
4:15 P.M. in the Council Cbambers.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
Petition of William J. Hartmann
requestiug v:¡cation of a portion of
Maple Street to the rear of his bome at
2662 Pinard St.. presented and read.
Councll Member Farrell moved tbat
tbe petition be referred to the City
Manager and engineering Department.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King, Tully.
Nays-None.
Communication of Dubuque Housing
Commission requesting City Participa-
tion in constrnction of off-site improve-
ments for Sberidan Village Project.
presented and read.
Council Member King moved tbat the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King.
Nays-None.
Abstain-Councll Member Tully.
RESOLUTION 273-79
A Resolution Authorizing an Expendi-
ture 01 Community Development mock
Grant Fnnds lor Poblic hnProvements
Associated with the Development 01 the
Sheridan Village Assisted-Housing Pr,,-
ject
ATTEST:
Leo F. Frommelt.
City Clerk
Council Member Farrell moved adop-
tion of tbe Resolution. Seconded by
Council Member Tully. Carried by tbe
following vote:
Yeas-Mayor Wertzberger. Councll
Members Brady, Farrell. King. Tuily.
Nays-None.
Communication of Plaoning & Zoning
recommending concnrrence in their de-
cision approving the preliminary de-
velopment plan for reclassification of
H.R.W. Associates property to C-6
Planned Commercial District. presented
and read.
Council Member Tully moved tbat the
communication be received and filed.
Seconded by Council Member King.
Carried by tbe following vote:
Yeas-Mayor Wertzberger. Councll
Members King, Tully.
Nays-Council Members Brady.
Farrell.
AN ORDINANCE of the City of
Dubuque. Iowa. providing tbat tbe
Code of Ordinances, City of Dubuque.
Iowa. be amended by revising Appendix
A thereof. also known as tbe "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa" by reciassifying
property described as "The Westerly
280.0 feet of Lot 1 of Lot 1 of Lot 1 of
Lot 3. tbe Westerly 280.0 feet of Lot 4.
Lot 5. Lot 1 of Lot 6. Lot 2 of Lot 6 and
Lot 1 of Lot 7, all in Block 21A in 'Key
Knolls Subdivision' and all of the
right-of-way of Kennedy Circle. all in
tbe City of Dubuque, Iowa" from C-3
Arterial Bnsiness Commercial District
to C-6 Planned Commercial District,
presented and read.
Councll Member Tully moved that the
reading jnst bad be considered tbe first
reading of the Ordinance. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger. Council
Members King. Tully.
Nays-Councli Members Brady, Far-
rell.
Conncil Member Tully moved that tbe
rule requiring an Ordinanee to be
received and flied at two meetings prior
to tbe meeting when final action is
taken. be dispensed witb. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members King. Tully.
Nays-Conncil Members Brady. Far-
rell.
Council Member Tully moved that a
public bearing be beld on tbe Ordinance
on December 3, 1979. at 7:30 o'clock
WHEREAS. tbe City of Dubuque.
Iowa. bas been approved for participa-
tion in tbe Community Development
Block Grant Entitlement Program. ac-
cording to Grant Agreement No. B-79-
MC-19-0004: and
WHEREAS. tbe City of Dubuque.
Iowa. bas adopted a Housing Assistance
Plan as part of its Community Develop-
ment program. which Plan establishes a
need for the provision of newly con-
structed honsing units for low and
moderate income families: and
WHEREAS. HOMZ Partoers. of
Madison. Wisconsin. a developer of
housing in the Federal Sertion 8 New
Construction Pcogram, bas proposed to
construct an apartment complex to be
known as Sheridan Village. which pro-
ject will provide housing units for low
and moderate income families, con-
sistent witb tbe Housing Assistance
Plan goals of tbe City of Dubuque: and
WHEREAS. tbe development of the
Sheridan Village project will require the
construction of certain improvements in
the public right-of-way, which are
necessary to serve tbe proposed project
and to provide for bnproved public
facilities in the surrounding area: and
WHEREAS. the Community De-
velopment Block Grant Entitlement
Pcogram for Fiscal Year 1980 has
allocated funds to a Housing Action
Program. to support the development of
housing resources for low and moderate
income persons.
NOW. THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the Oity Mann.ger be
ami he is hereby authorized to expemi
Housing Action Progrœm funds from the
Community Development Block Grant
bruiget. within the next eighteen, (18)
rrwnths. to support the construction ami
instaJJ.ation of water mains. hydrants.
street grading, concrete curb ami
gutter ami street pavement in North
Burden Avenue IHogrefe Street). ami
for extension of the public sanitary
se?œr to the Sheridœn Villoge project
site. (J£cording to pln.ns ami specifú;a-
tions approved by the Oity Engineer.
Section 2. That the expemiiture of
Community Development Block Grant
funds herein authorized shell be reim-
bursed to the developer. HOMZ Part-
ners, Inc., up to one-half the cost of
such off-site improvements. not to
exceed $30.000.
Section 3. That the expemiiture of
Community Development Block Grant
funds herein a1dhorized is rnoJlæ in
recognition of the public benefits to be
prm>ided by improvements within the
public right-of-way, ami in support of
the Oity of Dubuque's Housing Assist-
mwe Pln.n which coJ1s for development
of newly-constructed honsing ""its for
low ami rrwderate income families.
452
Regular Session, November 5, 1979
Passed. adopted and approved tbis 5th
day of November. 1979.
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member King moved adop-
tion of the Resolution as Amended.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King.
Nays-None.
Abstain-Council Member Tully.
Communication of Community De-
velopment recommending adoption of a
resolution revising Housing Assistance
Plan to include an "Expected to Reside"
Factor for approval and submission to
HUD. presented and read.
Seconded by Council Member Tully.
Carried by the following vote:
Yeas-Mayor Wertzberger. Councli
Members Brady. Farrell. King. Tuily.
Nays-None.
RESOLUI'ION NO. 274-79
Approving a Revised Housing Assis-
tanee Plan and Directing its sub-
mission to u.S. Department of Honsing
and Urban Development
WHEREAS. tbe City of Dubuque has
an approved conditional Housing Assis-
tance Plan in effect at tbis time as
submitted as part of its 1979-80 Com-
munity Development Block Grant Ap-
plication; and
WHEREAS. the condition placed by
agreement witb the Department of
Housing and Urban Development. re-
quires revision of tbe Honsing Assist-
ance Plan witbin 60 days of final HUD
publication of a new Expected-To-Re-
side (ETR) formula: and
WHEREAS. HUD supplied the re-
quired ETR formula and supporting
data on October 5. 1979. to tbe City of
Dubnque; and
WHEREAS. City staff bas calculated
tbe cbanges the ETR formula creates in
the City of Dubuque Housing Assist-
ance Plan and bas submitted a revised
Plan for consideration and adoption; and
WHEREAS. the City of Dubuque
Housing Commission has reviewed tbe
proposed Housing Assistance Plan re-
vision and has recommended adoption:
NOW. THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL OF
DUBUQUE. IOWA:
Section 1. That. the City Council
hereby adopts the revised Housing
Assistance Pln.n. to establish goah for
development of hoWling assistance pro-
9'"= within the Oity of Dubuque
through Fiscal Year 1982.
Section 2. That the Director of the
Department of Community Develop-
ment is directed to transmit the revised
HOWling Assistance Pln.n '" the required
number of copies to the U.S. Depart-
ment of HOWling ami Urban Develop.
ment.
Passed. approved. and adopted this
5th day of November. 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 tbe Resolution. Seconded by
Council Member Tully. Carried by the
foliowing vote:
Yeas-Mayor Wertzberger, Council
Members Brady. Farrell. King. Tully.
Nays--None.
Communication of Planning & Zoning
Commission submitting final plat of the
Subdivision of Lot 1-2-3 and Lot 1-1-3
both in Block 21A of Key Knolls Sub. to
accomodate construction of exclusive
right turn land at J.F.K. and Kennedy
Circle, presented and read.
Council Member Farrell moved tbat
tbe communication be received and
filed. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady. Farrell. King. Tuily.
Nays-None.
RESOLUI'IONNO.275-79
A Resolution Approving the Plat of the
Subdivision of Lot 1 01 Lot 2 01 Lot 3
and Lot 1 of Lot 1 01 Lot 3, Both in
Block 21A 01 Key Knolls Subdivision in
the City 01 Dubuque, Iowa.
WHEREAS. there has been filed with
the City Clerk a plat of tbe Subdivision
of Lot 1 of Lot 2 of Lot 3 and Lot 1 of
Lot 1 of Lot 3. botb in Block 21A of
"Key Knolls Subdivision" in the City of
Dubuque. Iowa; and
WHEREAS. upon said plat appear
Lot 2 of Lot 1 of Lot 1 of Lot 3 and Lot 2
of Lot 1 of Lot 2 of Lot 3. both in Block
Regular Session, Novemher 5, 1979
453
21A of Key Knolls Subdivision in the
City of Dubuque, Iowa. which the
Owners. hy said plat. have dedicated to
the puhlic for street right-of-way pur-
poses: and
WHEREAS. said plat bas 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 hy the City Council and they
find 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 dedication of Lot
2 of Lot 1 of Lot 1 of Lot 3 ami Lot 2 of
Lot 1 of Lot 2 of Lot 3. both In block
21A of Key Krwlw Subdivision in the
City of Dubuque. Iowa, (M the sa-me
appear upon sam plat. be ami the same
are hereby O£cepted.
Section 2. That tlæ above-described
pln.t be ami the same is hereby ap-
proved ami the Mayor ami City Clerk
are hereby authorized ami directed to
eruiorse the approval of the City of
Dubuque. Iowa, upon sam plat.
Passed. adopted and approved this
5th day of November. 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 Resolutiou. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
Communication of Planning & Zoning
recommending approval of seven plats
along J.F.K. Road to establisb legal
descriptions of property transferred to
the City for widening of the road.
presented and rend.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
King. Carried by tbe following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
RESOLUI'IONNO.276-79
A Resolution Approving the Plat 01 Lot
4 in Block 21-A in Key Knolls Sub-
division in the City of Dubuque, Iowa.
WHEREAS. there bas been filed witb
the City Clerk a plat of the subdivision
of Lot 4 in Biock 21-A in Key Knolls
Subdivision in the City of Duhuque.
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 beeo ex-
amined by the City Council and they
find that the same conforms to statutes
aod 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 Lot 4 In
Block 21-A in Key KrwUs Subdivision in
the City of Dubuque. Iowa, be and the
same is hereby approved ami the Mayor
ami City Clerk are hereby authorized
ami directed to eruiorse the approval of
the City of Dubuque. Iowa, upon sam
plat.
Passed. approved and adopted tbis
5th day of November, 1979.
Richard Wertzberger.
Mayor
Thomas A. Tully. Jr.
D. Michael King
Carolyn Farrell
James Brady
Council Members
ATTEST:
Leo F. Frommelt.
City Clerk
Council Member Farrell moved adop-
tiou of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger. Councli
Members Brady. Farrell. King. Tully.
Nays-None.
RESOLUI'ION NO. 277-79
A Resolution Approving the Plat 01 Lot
1 01 Subdivision of Lot 1 01 Lot A, Block
22 in Key Knolls Subdivision, Except
the Southerly 9' Thereof in the City 01
Dubuque, Iowa.
WHEREAS. tbere bas been filed with
the City Clerk a plat of the subdivision
of Lot 1 of subdivision of Lot 1 of Lot a.
Block 22 in Key Knolls Subdivision.
except the southerly 9' tbereof in the
City of Dubuque. Iowa; and
WHEREAS. said plat bas been ex-
amined by the City Planning and Zoning
Commission and had its approval en-
454
Regular Session, November 5,1979
dorsed thereon: and
WHEREAS. said plat has been ex-
amined by the City Council and they
find tbat the same conforms to statutes
and ordinanees relating thereto.
NOW, THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the pln.t of Lot 1 of
subdivision of Lot 1 of Lot A. Bwck 22
in Key KnoUs &bdivision, except the
southerly 9' thereof, in the Oity of
Dubuque. Iowa, be ami the same is
hereby appr<YOed ami the Mayor ami
Oity Clerk a:re hereby outhorized ami
directed to eruiorse the approval of the
Oity of Dubuque, Iowa, upon said plat.
Passed, approved and adopted this 5tb
day of November. 1979.
Richard P. Wertzberger.
Mayor
Thomas A. Tully. Jr.
D. Micbael King
Carolyn Farrell
James Brady
Council Members
ATTEST:
Leo F. Frommeit
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.
RESOLUTION NO. 278-79
A Resolution Approving the Plat 01 Lot
1 01 Lot 3 in Bloek 21.A in Key Knolls
Subdivision in the City 01 Dubuque,
Iowa.
WHEREAS. there has been filed with
the City Clerk a plat of the subdivision
of Lot 1 of Lot 3 in Block 21-A in Key
Knolls Subdivision in tbe City of Dubu-
que. Iowa: and
WHEREAS, said plat bas been ex-
amined by the City Planning and Zoning
Commission and bad its approval en-
dorsed tbereon: and
WHEREAS. said plat bas been ex-
amined by the City Council and they
find tbat tbe same conforms to statutes
and ordinanees relating thereto.
NOW. TIlEREFORE BE IT RE-
SOLVED BY TIlE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Thal the pla1 of the sub-
division of Lot 1 of Lot 3 in Bwck 21-A
in Key KnoUs &bdivision in the Oity of
Dubuque. Iowa, be ami the same is
hereby approved ami the Mayor ami
City Clerk are hereby authorized ami
directed to eruiorse the appr<YOal of the
City of Dubuque, Iowa, upon said pln.t.
Passed. approved and adopted tbis
5tb day of November. 1979.
Richard Wertzberger.
Mayor
Thomas A. Tully. Jr.
D. Michael King
Carolyn Farrell
James Brady
Council Members
ATTEST:
LeoF. Frommelt.
Clty Clerk
Council Member Farrell moved adop-
tion of tbe Resolntion. Seconded by
Council by Council Member King.
Carried by tbe following vote:
Yeas-Mayor Wertzberger. Council
Members Brady, Farrell. King. Tully.
Nays-None.
RESOLUTION NO. 279-79
A Resolution Approving the Plat 01 Lot
201 Lot 3 in moek 21-A in Key Knolls
Subdivision in the City 01 Dubuque,
Iowa.
WHEREAS. tbere has been filed witb
the City Clerk a plat of tbe subdivision
of Lot 2 of Lot 3 in Block 21-A in Key
Knolls Subdivision. in tbe City of
Dubuque. Iowa: and
WHEREAS. said plat bas been ex-
amined by tbe City Planning and Zoning
Commission and had its approval en-
dorsed thereon: and
WHEREAS, said plat bas been ex-
amined by tbe City Council and they
find tbat tbe same conforms to statutes
and ordinances relating tbereto.
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 3 in Bwck 21-A
in Key KnoUs &bdivision in the Oity of
Dubuque. Iowa, be ami the same is
hereby appr<YOed ami the Mayor ami
Oity Clerk are hereby authorized ami
directed to eruiorse the approval of the
City of Dubuque. Iowa, upon said plat.
Passed. approved and adopted tbis
5tb day of November. 1979.
Ricbard Wertzberger,
Mayor
Tbomas A. Tully, Jr.
D. Micþael King
Carolyn Farrell
James Brady
Council Members
ATTEST:
--
Regular Session, November 5,1979
455
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Councll Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
RESOLUTION NO. 280-79
A RESOLUTION APPROVING TIlE
PLAT OF LOT 2 OF SUBDMSION OF
LOT 1 OF LOT A, BLOCK 22 IN
KEY KNOLLS SUBDIVISION, EX-
CEPT TIlE SOUTIlERLY 9' THERE-
OF IN TIlE CITY OF DUBUQUE,
IOWA.
WHEREAS. there bas been filed with
the City Clerk a plat of the sub-
division of Lot 2 of subdivision of Lot 1
of Lot A. Block 22 in Key Knolls Sub-
division, except the southerly 9' there-
of, in tbe City of Dubuqne. Iowa: and
WHEREAS, said plat bas 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 tbey
find tbat the same conforms to statutes
and ordinances relating tbereto.
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 subdivision of Lot 1
of Lot A, Bwck 22 in Key KnoUs Sub-
division. except the southerly 9' there-
of, in the Oity of Dubuque. Iowa, be ami
the same is hereby approved ami the
Mayor ami Oity Clerk are hereby
authorized ami directed to eruiorse the
approval of the Oity of Dubuque. Iowa
upon said plai.
Passed. approved and adopted this
5tbdayofNovember.1979.
Ricbard Wertzberger,
Mayor
Thomas A. Tully. Jr.
D. Michael King
Carolyn Farrell
James Brady
Council Members
ATTEST:
Leo F. Frommelt.
City Clerk
Council Member Farrell moved adop-
tion of tbe Resolution. Seconded by
Conncil Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady. Farrell. King, Tully.
Nays-None.
RESOLUTION NO. 281-79
A Resolution Approving the Plat of Lot
1 01 Lot 2 01 Block 4 in West-
chester Subdivision in the City of
Dubuque, Iowa.
WHEREAS. tbere has been filed with
tbe Clty Clerk a plat of tbe sub-
division of Lot 1 of Lot 2 of Block 4 in
Westcbester Subdivision in the City of
Dubuqne. Iowa: and
WHEREAS, said plat bas been ex-
amined by the City Planning and Zoning
Commission and bad its approval en-
dorsed thereon: and
WHEREAS. said plat has been ex-
amined by the City Council and they
find that tbe same conforms to statutes
and ordinances relating tbereto.
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 1 of Lot 2 of Bwck 4 in
Westchester Subdivision in the City of
Dubuque. Iowa, be ami the same is
hereby approved ami the Mayor ami
City Clerk a:re hereby authorized ami
directed to eruiorse the approval of the
Oity of Dubuque, Iowa, upon said plat.
Passed. approved and adopted this
5th day of November. 1979.
Ricbard Wertzberger.
Mayor
Thomas A. Tully. Jr.
D. Michael King
Carolyn Farrell
James Brady
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Conncil Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger. Conncil
Members Brady. Farrell. King. Tully.
Nays-None.
RESOLUTION NO. 282-79
A Resolution Approving the Plat of Lot
2 01 Lot 2 in moek 4 in Westchester
Subdivision in the City 01 Dubuque,
Iowa.
WHEREAS. there has been filed with
tbe City Clerk a plat of the subdivision
of Lot 2 of Lot 2 of Block 4 in
Westchester Snbdivision in the City of
Dubuque. Iowa: and
WHEREAS, said plat bas been ex-
amined by tbe City Planning and Zoning
456
Regular Session, November 5, 1979
Regular Session, November 5,1979
457
Commission and had its approval en-
dorsed tbereon; and
WHEREAS, said plat has been ex-
amined by the Clty Connell and tbey
find tbat tbe 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 2 of Block 4 in
Westchester Subdivision in the Oity of
Dubuque. Iowa, be ami the same is
hereby approved ami the Mayor ami
Oity Clerk are hereby authorized ami
directed to erulorse the approval of the
City of Dubuque, Iowa, upon said plat.
Passed. approved and adopted tbis
5th day of November. 1979.
Ricbard Wertzberger.
Mayor
Thomas A. Tully, Jr.
D. Micbael King
Carolyn Farrell
James Brady
Council Members
ATTEST:
Leo F. Frommelt.
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger. Council
Members Brady, Farrell. King. Tuily.
Nays-None.
Communication of City Manager snb-
mitting resolutions for acceptance of
property and deeds acquired by J.F.K.
Rd. widening project, presented and
read.
Council Member Brady moved tbat
the communication be received and
filed. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger. Councll
Members Brady. Farrell. King, Tully.
Nays-None.
RESOLUTION NO. 283-79
WHEREAS. the City of Dnbuque,
Iowa has acquired tbe real estate
hereinafter described from James L.
Waul and Dolores E. Waul; and
WHEREAS. said persons bave de-
livered a Warranty Deed conveying real
estate to tbe City of Dubuque, Iowa.
described as:Lot 2 of Lot 4 of Biock 4 in
Mettel-Link Addition. in the City of
Dobuque. as sbown on the attacbed plat
Exbibit "A"; and
WHEREAS, said delivery of deed
dated October 29. 1979. by said persons
to tbe City of Dobuque. low. 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: James L. Waul ami
DoÚYres E. Waul dn.ted October 29.
1979, conveying to the Oity of Dubuque.
Iowa, the hereimtbove described real
estate be ami the same is hereby
accepted.
Section 2. That the Oity Clerk be ami
he is hereby authorized ami directed to
caWle said Warranty Deed to be re-
corded in the Office of the Dubuque
County Recorder together with certified
copy of this Resoluiúm.
Section 3. That the Oity Clerk be ami
he is hereby directed to forward a
certified copy of this Resolution to the
Dubuque County Assessor ami the
Dubuque County Auditor.
Passed, adopted. and approved this
5th day of November, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully. Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Conncil Members
TIlE CITY OF DUBUQUE. IOWA:
Section I. That the delivery of War-
ranty Deed by: Ray N. Clemens ami
MarceUa E. Clemens dn.ted October 30.
1979 conveyt'ng to the City of Dubuque.
Iowa, the hereimtbove described real
estate be ami the same is hereby
accepted.
Section 2. That the City Clerk be ami
he is hereby authorized ami directed to
caWle said Warranty Deed to be re-
corded in the Office of the Dubuque
County Recorder together with certified
copy of this Resolution.
Section 3. That the Oity Clerk be ami
he is hereby dIrected to forward a
certified copy of this Resolution to the
Dubuque County Assessor ami the
Dubuque County Auditor.
Passed. adopted. and approved this
5th day of November, 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 Brady moved adop-
tion of tbe Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady. Farrell, King. Tully.
Nays-None.
ATTEST:
Leo F. Frommelt.
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger. Council
Members Brady, Farrell. King, Tully.
Nays-None.
RESOLUTION NO. 285.79
WHEREAS. the City of Dubuque,
Iowa. has acquired the real estate
hereinafter described from Raymond J.
Giellis; and
WHEREAS, said persons bave de-
livered a Warranty Deed conveying real
estate to the City of Dubuque. Iowa.
described as:
Lot2 of Lot 10 of Block 3 in
Mettel-Link Addition. in the City of
Dubuque. as shown on the attached plat
Exbibit "A"; and
RESOLUTION NO. 284-79
WHEREAS. tbe City of Dubuqne.
Iowa has acquired tbe real estate here-
inafter described from Ray N. Clemens
and Marcella E. Clemens; 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
21-A in Key Knolis Subdivision in tbe
City of Dubuque. as sbown on tbe
attacbed plat Exhibit "A"; and
WHEREAS. said delivery of deed
dated October 30, 1979. by said persoos
to tbe City of Dubuque, Iowa. sbouid be
accepted:
WHEREAS, said delivery of deed
dated October 29, 1979. by said persons
to the City of Dnbnque. Iowa. sbould 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: Raymarui J. Giellis
dn.ted October 29. 1979. conveying to
the Oity of Dubuque. Iowa, the herein-
NOW. THEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL OF
above described real estate be ami the
same is hereby accepted.
Section 2. That the City Clerk be ami
he is hereby authorized ami dIrected to
caWle said Warranty Deed to be record-
ed in the Office of the Dubuque County
Recorder together with certified copy of
this Resolution.
Section 3. That the City Clerk be ami
he is hereby directed to forward a
certified copy of this Resolution to the
Dubuque County Assessor ami the
Dubuque County Auditor.
Passed. adopted. and approved this
5th day of November. 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 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. Tully.
Nays-None.
RESOLUTION NO. 286-79
WHEREAS. THE City of Dubuque.
Iowa bas acquired the real estate bere-
inalter described from Dupaco Em-
ployees Credit Union. an Iowa Corpora-
tion.
WHEREAS. said persons have de-
livered a Warranty Deed conveying real
estate to tbe Clty of Dnbuque, Iowa.
described as: Lot 2 of Lot 1 of Block 6 of
Asbury Springs Subdivision. in the City
of Dnbuqne. as shown on the attacbed
plat Exbibit "A"; and
WHEREAS. said delivery of deed
dated October 18. 1979. by said persons
to tbè City of Dubuque. Iowa. sbould be
accepted;
NOW. TIlEREFORE. BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the delivery of War-
ranty Deed by: Dupaco Eimployees
Credit Union, an Ioua Corporation
dn.ted October 18. 1979, conveying to
the City of Dubuque. Iowa, the herein-
above described real estate be ami the
same is hereby accepted.
Section 2. That the City Clerk be ami
he is hereby authorized ami dIrected to
COWIe said Warranty Deed to be re-
458
Regular Session, November 5, 1979
Mayor
Thomas A. Tully. Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Conncil Members
corded in the Office of the Dubuque
County Recorder together with certified
copy of this Resolution.
Sectioo 3. That the Oity Clerk be ami
he is hereby 4irected to forward a
certified copy of this Resolution to the
Dubu([UÆ County Assessor ami the
Dubuque County Auditor.
Passed, adopted. and approved this
5tb day of November. 1979.
Richard Wertzberger
Mayor
Thomas A. Tully. Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Council Member Tully moved adop-
tion of tbe Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady. Farrell. King. Tully.
Nays-None.
I A Resolution Accepting
bnprovement and Directiug tbe
Clerk to Poblish Notice.)
RESOLUTION NO. 288-79
ATTEST:
Leo F. Frommelt.
City Clerk
Council Member Brady moved adop-
tion of the Resolntion. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady. Farrell, King. Tuily.
Nays-None.
Communication of City Manager re-
commending acceptance of Clty of Dn-
buque, 1979, Aspbalt Paving Project
No.1. presented and read.
Council Member Tully moved tbat the
communication be received and flied.
Seconded by Conncil Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King. Tully.
Nays-None.
WHEREAS. the contract for the City
of Dubuque 1979 Asphalt Paving Pro-
ject No.1
1. Alley at City Hall from Central
Avenue to Iowa Street
2. Alpine Street from tbe N.P.L. of
Dodge Street to tbe S.P.L. of
University Avenue
3. Bluff Street from the north curb
line of Dodge Street to the south
curb line of Jones Street
4. Burcb Street from the S.P.L. of Hill
Street to the N.P.L. of Fenelon
Place.
5. Devon Drive from the north curb
line of Dodge Street to the south
curb line of Mineral Street.
6. Dodge Street crack filling from Bluff
Street to Grandview Avenue.
7. Dove Street from the soutb curb
line of Sunset Park Circle to a
point 440' soutb there!com.
8. Fifth Street from tbe west curb line
of Locust Street to tbe east curb
line of Bluff Street.
9. Nevada Street from the N.P.L. of
Dodge Street to tbe S.P.L. of West
Third Street.
10. Nintb Street from the KP.L. of
Central Avenue to the W.P.L. of
White Street.
11. O'Neill Street from the W.P.L. of
Burden Avenue to tbe E.P.L. of
Brunswick Street.
12. Pennsylvania Avenue !com tbe west
curb line of Chaney Road to .tbe
east curb line of Lenox Avenue
13. Rockdale Road from the soutb curb
line of Grandview Avenue to a point
150' south of KeW Conrt.
14. Rosemont Street from the nortb
curb line of Pennsylvania Avenue to
a point 200' nortb of Croston Street.
15. Snnset Park Circle from tbe west
curb line of John F. Kennedy Road
to a point 330' north of Meggan
FINAL ESTIMATE
RESOLUTION NO. 287-79
WHEREAS, the contract for tbe Clty
of Dnbuque 1979 Aspbalt Paving Pro-
ject No.1 has been completed and tbe
Clty Engineer has submitted his final
estimate showing tbe cost tbereof in-
clnding the cost of estimates. notices.
inspection and preparing the assess-
ment and plat,
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
TIlE CITY OF DUBUQUE:
That the cost of said improvement is
hereby determined to be $540.175.36.
That $251.360.31 of the cost tbereof
sball be assessable upon private pro-
perty and $233,164.15, $5.650.90 sball
be paid from tbe Road Use Tax and
Community Development Fund of the
City of Dnbuque.
Passed. adopted and approved tbis
5th day of November, 1979.
Ricbard Wertzberger,
Regular Session, November 5, 1979
459
CITY OF DUBUQUE
1979 ASPIIAL T PAVING PROJECT NO.1
DESCRIPI'ION CITY SHARE ASSESSABLE TOTAL
SHARE COST
Construction Cost $267,213.12 $248.325.24 $515.538.36
Engineering Exp. 21.601.93 1.241.63 22,848.56
5 % Interest/52 dys ---..-----L.... 1.793.44 1,793.44
TOTAL $288.815.05 $251.360.31 $540.175.36
For Alpine Street - From N.P.L. of Dodge Street to the S.P.L. of University
Avenue.
REEDER LANGWORTHY SUB.
VALVA- ASSESS-
OWNER LOT LOCATION TION MENT
C. Clark 1- 21,490 137.49
Part of 20' wide alley adjoining
Lot 1 W/l 21.34
Drive.
16. White Street from Fourth Street to
Fifth Street and from Sixth Street
to Eighth Street.
17. Windsor Avenue from the W.P.L. of
Rhomberg Avenue to tbe W.P.L.
of East 22nd Street.
18. Wood Street from the N.P.L. of
Loras Blvd. to the S.P.L. of Rose-
dale Avenue.
has been completed and the City
Manager has examined tbe work and
filed his certificate stating thnt the
same has been completed according to
the terms of the contract. plans and
specifications and recommends its ae-
ceptanee. now therefore.
BE IT RESOLVED. by the City
Council of the City of Dnbuque. that tbe
recommendation of the City Manager be
approved and that said improvement be
and tbe same is hereby accepted and
the City Engineer be and is hereby
directed to prepare a plat and schedule
sbowing the lots or parcels of real
estate subject to assessment for said
improvement and file the same in the
office of the City Clerk subject to pnblic
inspection and said Clerk sball upon re-
ceipt of sucb plat and schedule pnblish
the notice of the Council's intention to
levy special assessments therefor. as
required by law.
BE IT FURTHER RESOLVED, that
the City Treasurer be and be is hereby
directed to pay to the contractor from
the funds to be realized from tbe sale of
Street Improvement bonds issued npon
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
5tb day of November. 1979.
Richard Wertzberger.
Mayor
Thomas A. Tully. Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell. King. Tully.
Nays-None.
RESOLUTION NO. 289-79
I Schedule of Assessments)
BE IT RESOLVED by tbe City
Councll of the City of Dnbuque, Iowa:
That to pay for tbe City of Dnbuque
1979 Asphalt Paving Project No.1, by
Tri-State Paving. Div. of Dnbuque
Stone Products Co. contractor in front
of and adjoining tbe same. a special tax
be and is hereby levied on tbe several
lots. and parts of lots. and parcels of
real estate all as oamed. situated and
owned. and for the several amonnts set
opposite eacb lot or parcel of real
estate, as set forth in the following
scbedule:
460
Regular Session, November 5, 1979
S&ARealty
E. 29.8'-2 and part of 20' alley
adjoining
Part of 20' alley adjoining W.
20'-2
W.20'-2
3-
Part of 20' wide alley
ing Lot 3
4-
Part of 20' wide alley
ing Lot 4
Ricbard W. &
Zodine L. Landis 5-
E.W. & Pboebe Frerk 6-
S.I48'8"-9
Melvin J. &
Mae Belle Matous 1-8
Robert P. &
Maryan Miller 2-8
Robert P. &
Maryan Miller 2-8
Gary G. &
~llyn J. Stewart N55'-9
N.55'-10
Ricbard O. &
Geraldine V. Warson S.10-10
11-
Orville Budde
Raymond G. &
Estelle B. Mootz
Micbael A. &
Adella Remakel
JosephF. &
~¡¡nes A. Hnseman
Edith S. Yates
Bernard K. &
Mary E. Bainbridge
Donald H. &
Aloris M. Curtis
Robert L. &
Carol A. Smart
Robert W. &
Shirlee J. Sladky
Gary H. &
Sharon Jaeger
LonisJ.&
Ruth A. Seballer
Frank H. Meyer
Bernard J. &
~n M. Murphy
Charles F. &
Linda L. Bakey
Gerald E. &
S.?irley A. Henkel
12-
13-
14-
15-
16-
LOIS ADDITION
8-
7-
6-
1-5-
2-5-
4-
3-
5.230
W/3
W/3
60.920
adjoin-
W/3
W/3
adjoin-
W/3
21.160
21.950
W/6
18,080
930
930
22,350
W/N.55'-
9
17.650
W/SI0'
10
18.760
16,940
11.850
12.000
3,050
27.940
19,880
25,770
16.090
16,060
22.380
24.130
2- 20,580
S.I'-1- W/2
N.49'-I- 23.530
JULIA LANGWORTHY ADDITION
8-
7-
S. 40' -6-
N.10'-6-
5-
32.570
wi8
21.970
35.260
W/N.I0'-
6
151.34
45.13
158.67
522.61
84.39
1.360.93
248.27
1.168.37
439.85
401.08
117.13
87.97
87.94
145.15
876.77
159.32
1.036.09
1.080.89
1,080.89
293.72
138.80
26.23
712.39
673.46
673.46
344.22
324.35
673.46
673.46
673.46
13.03
634.52
919.45
875.68
700.00
175.13
875.63
Robert E. &
Fern L. Dorothy
Cont: Rita C. Habn
Ricbard J. &
Marjorie A. Sherman IIIS.50'-7-
Thos. J. &
"!ary E. Donabue
Lee B. & Hylene
Norman Anderson
Cont: Thomas L. &
Edna M. Mahan
Dorothy M. Quinlan
JohnJ.&
Catherine M. Bennett 3-
Kathryn Coleman 2-
Ricbard Lee Herr 1-
Arnold E. & Darlene
R. Kanfmann
Darrell E. &
Shirley Mae
Eickelkamp
Michael J. &
Dinna B. Garrity 4-
Lester & Caroline Lynch 16-
Gerald L. Flores 15-
Ralpb T. &
Marie Graham 14-
Mary Lorraine &
Agnes Marie Leyden 13-
VincentM. &
Karen A. Leisen
Anne M. Cheek
AndrewL. &
Betty L. Galliart
Helen M. Crowley
MicbaelL. &
Dana V. Udelboven
Daniel Evans &
Katie E. Nye
James E. &
Sally T. Ryan
George V. &
Diann M. Love
Peter J. Rand Cont:
Vincent M. &
Karen A. Leisen
Peter J. Rand Cont:
Vincent M. &
Karen A. Leisen
Regular Session, November 5, 1979
14-
31.750
25.700
23.790
22.080
9-
W.'/"¡O-
E.'/"¡O-
11-
12-
22.710
45.720
W/9
2.630
22.520
21.930
GUERNSEY & LANGWORTHY SUB.
8-
20.480
25.210
N.2'-7-
6-
20.230
W/N2'-7-
5-
4-
20.940
22.490
24.590
19.690
33.740
9-
31.390
10- 31.630
JULIA LANGWORTHY ADDITION
49- 25.020
50- 27,320
51- 27.200
52- 27.760
53- 33.670
1-48 & E.5'-47 & S.10'-vac. .ney 29.890
48A-
W/I-48
&E5'-
47&8.
10'-vac.
alley
21.390
54.970
30.150
W/2-6-
Gene A. Chapman 44-
VincentM. &
Karen A. Leisen 1-6-Sub.-1.2 & 3-
Anne Spensley Gallogly 2-6-Sub.-1.2 & 3-
.. 2-5-Sub.-1,2&3-
461
875.63
157.86
80.48
64.35
5.70
156.07
48.17
36.33
63.53
5.70
910.65
875.63
35.03
910.65
910.65
910.65
910.65
910.65
921.24
206.03
123.32
854.45
825.62
332.13
838.65
844.68
129.67
137.17
66.47
859.66
106.05
109.47
462
Regular Session, November 5, 1979
Sub.-l,2&3
Vincent M. &
Karen A. Leisen 1-5-Sub.-l, 2 & 3- W /1-6-Sub. 850.05
1,2&3
Clarence G. Hamilton S. 41'-4-Sub.-l, 2 & 3- 31,290 783.42
.. N.75'-4- .. W/S.41'- 1.453.30
4
Earl J. & Constance
M. Skahill 1- 60,760 1,491.58
2- W/l 541.67
3- W/l 299.75
MRS. L. H. LANGWORTHY SUB.
Susan Valeria Altman
C,~mpbell 5-4- 4,510 187.34
4-4- 4,380 113.38
Dr. R. Lyndsay &
Susan Campbell 1-5-except N.12' 34,450 398.47
PaulJ.&
Mary Ann Fitzgerald 2-5-except N.12' 47,380 18.41
W/1-6ex. N.12
PAULINA LANGWORTHY SUB.
Edward L. &
Mary B. Chalmers 1-1-1-1-4- 67,040 3,957.04
Michael A. &
Diana K. Nolan 2-1-1-1-Hex.N.I0'tbereof) 25,190 246.64
Robert E. &
Linda L. Biver 2-1-1-4 33,010 1,256.99
Fr;;mk D. Gilloon, Jr. S'h-2-1-4 34,390 >18.22
W.4O'-S'h-2-4- W/S'I,- 102.79
2-1-4
David E. &
Karen M. Derks E.25'-S'h-2-4- 47,320 50.83
W.50'-W'h-S'h-3- W.E25' 74.94
-S'I,-2-4
JayP. & AnitaC. Kopp E.50'-S'h-3- 29,750 8.80
James M. &
Charlotte A.
~cCoy N'h-2-1-4- 36,920 43.17
W.55'-N'/,-2-4- W/N'/,-2 109.47
-1-4
Robert L. &
Juditb L. Moul E.I0'-N'h-2-4- 35,140 16.29
W. 58'-W. 103'-N'h-3- W/E.I0' 66.47
N'h-2-4-
James B. & Katberine
McDonald 2-2-5- 59,620 1,085.13
Barbara Palen Faber 1-2-5- 45,770 1,106.96
S'h-2-1-5- W/I-2- 562.36
5-
TimmG. &
~M. Johnson I-N'h-2-1-5- 53,290 568.87
1-1-1-5- W /l-N'/,- 1,290.68
2-1-5-
James A. &
Ardis C. Locher 2-N'h-2-1-5- 57,300 1.30
2-1-1-5- W/2-N'/2 3.75
2-1-5-
James B. &
Katberine McDonald W.50'-S'h-6- W /2-2-5 172.19
Micbael D. &
Mary M. Burke W.60'-E.l00'-S'h-6- 29,180 105.24
Leo D. &
J~naan R. King E.40'-El00'-S'h-6- 28,500 52.94
6A W/E.40' 6.84
Regular Session, November 5, 1979
463
E.l00'-
S'h-6-
James A. &
Ardis C. Locher
W'/2-N'h-6-
W/2-N'h
-2-1-5
187.67
Harry W. &
Dorotby Greenwalt
Cont: Wayne L. &
Carolyn M. Krouse E'h-N'h-6- 36,160
JULIA LANGWORTHY ADDITION
77.71
Jack T. &
Elaine E. Kaufman 21- 33,320 1,377.06
Jobn W. &
Ruth T. Heinz 20- 52,660 1,380.97
J. Randolpb &
Linda M. Lewis 19- 45,930 1,384.55
.. S.6'-18- W/19 115.50
DonaldJ. &
Jane K. Ward N.66.06'-18- 36,840 1,272.47
17- W/N.66.06' 1,391.56
-18
T. S. NAIRNSDUBUQUE
Susie A. Bissell 32- 61,180 1,465.35
.. 31- 4,510 1,168.37
30- 11,120 1,160.88
Dubuque Women's Club 29- 28,650 1,152.73
Gertrude Rand &
Janet M. Kieinscbmidt 28- 30,030 1,146.22
James W. Grant 1-6- 60,600 1,563.10
.. 2-2-33- W/I-6 371.59
James W. &
Leona E. Grant nod. 'h
George J. Mohr und.'h 1-2-33- 33,690 1,407.03
Donald E. &
Janice A. Hamill 1-1-1-33- 29,130 1,7>18.49
BRADSTREET'S DUBUQUE
Ralph Jobn Martin 1-2-5- 24,620 1,283.39
Paul H. &
~:mcyM. Lang 2-2-5- 28,060 115.50
1-5- W/2-2-5 577.51
2-2-1-4- W/2-2-5 37.31
Ralph Jobn Martin 1-2-1-4- W/I-2-5 356.77
Paul H. &
Nancy M. Lang 1-1-4- W/2-2-5 186.58
Leo S. Grommerscb
Coot: PatrickL&
Pameln A. McClain
fund. 'h int.) and
Tbomas J. O'Mara
(';"'.d. 'h int.) 2-4- 28,310 109.96
3- W/2-4 198.91
Jobn R. &
Margaret S. Zak 6- 25,390 852.98
Bernadine R. Wagner 7- 29,500 852.98
Thomas J. &
Sharon E. Clarke 8- 29,550 852.98
George D. & Geraldine
L. Maury Plowman 9- 17,040 852.98
Roger F. &
Carol J. Dnster 10- 20,790 852.98
Frances Winders 11- 37,460 852.98
Regular Session, November 5, 1979
464
Regular Session, November 5, 1979
21,250
2,300
Philip W. &
Margaret A. Hird
Elsie Marie Bradiey
l-U-56
2-1-1-56-
Francis J. &
Dorothy M. Johnson 12- 38,800 852.98
MINERAL LOT 80
Rodney &
Darline Gavin 2-1-2- 15,550 435.29
Richard B. &
Mabel A. Hafner 1-1-2- 36,900 1,003.02
Jake M. &
Veronica M. Bender 2-2- 36,330 1,142.96
Floyd V. Efferding, Jr. 1-1- 13,430 865.04
.. 1-1-2-1 23,710 354.16
2-1-2-1- 14,940 153.62
1-2-2-1- 33,920 232.79
2-2-2-1- 21,480 78.20
MARTIN'S DUBUQUE
Banks C. Jr. &
Phyllis N.
Doggett 13- 16,060 703.11
Margaret O'Hara 12- 9,750 786.19
Cbarles F. &
WandaA. Madden 11- 19,120 831.48
Maurlce M. &
~!aine M. Barry 2-10 23,420 151.18
9- W/2-10 811.93
William A. &
Sharon F. Wolf 8- 18,480 838.49
Harold &
Bernice Scharff 7- 12,690 840.77
William R. &
Janet M. Butterfield 6- 23,030 843.37
Jobn L. &
Lynn A. Kiosterman 5- 18,350 845.82
Joseph T. &
Virginia D. Meyer 4- 23,480 848.26
G. F. & Evelyn Pinski 3- 27,040 850.54
Leo S. Grommersch
Cont: Wm. C. Raeder 2- 20,360 852.82
TomF. &
Janet Neumeister E.64'-Nloo'-N.I50'-1 29,100 556.98
Milton L. &
Francis L. Wilson W.50'-Nloo'-N.I50'-1 29,580 1,181.08
Lawrence & Bernice
Taylor S.-50'-N.I50'-1 24,250 855.92
Irene Sweeney Cont:
Michael J. Martin &
Gary J. Hanson S.50'-I- 17,770 855.92
ARNOLD'S SUB.
Elsie Marie Bradiey 2- 17,300 660.92
Archiel &
Jean L. DeW...le 3- 15,980 207.06
MINERAL LOT 79
James R. &
Linda M. Ayers 1-17- 17,140 67.28
Patrick J. &
Rocbelle M. Fury 1-1-1-16- 13,370 20.69
Curtis M. &
Jndith A. Gaherty 1-2-1-1-16- 17,290 7.17
OXFORD HEIGHTS
TOTAL
All of which is assessed in proportion to special benefits.
6530 cu. yd.
990 tons
818.5 tons
2050 gals.
4949.08 tons
18 no. of
16 no. of
285 tons
8lin. ft.
2282.37 tons
5349.44 sq. ft.
4258.62 sq. ft.
1090.82 sq. ft.
83.3lin. ft.
5343.3lin. ft.
Lump
1125 sq. vds.
Excavation @$3.85 yd. =
A.C. Binder Course @ $21.75 ton =
A. C. Surface Course @$21.75 ='
Prime Coat or Tack Coat @.76gal. ='
-'/4" Stabilized Rolled Stone Base @ $5.05 ton ='
Manholes, Raise or Lower @ $90.00 ea. ='
Manhole, Ring & Cover @ $120.00 ea.
Asphalt Treated Base @ $19.75 ton ='
Rock Curb or C&G, remove & replace @ $11.00 ft
'/4" Stabilized Rolled Stone Base @ $5.05 ton =
Sidewalk or driveway removal @.25 sq. ft.
4" Sidewalk @$1.60 sq. ft. ='
6" Sidewalk @ $2.00 sq. ft. ='
Concrete sawing @$1.25 ft. ='
Curb & Gutter - Type A or B @ $6.15 ft. ='
Extra Work ='
Sodding @ $2.91\ sq. yd. ='
TOTAL CONSTRUCTION COST
.City Share
Assessable Share
0.5 % Engineering Expense
5 % Interest - 52 days
TOTAL ASSESSABLE AMOUNT
For Burch Street - From tbe S.P.L. of Hill Street to the N.P.L. of Fenelon Place
VALDA- ASSESS-
OWNER LOT LOCATION TION MENT
Bernard W. &
Gladys J. Kruger 1 George Martin's Sub. 22,520 842.85
Michael J. &
Susan J. Tighe 2 18,400 842.85
Clarence J. &
Ruth Frommelt 3 26,440 834.63
Jobn R. &
Delores C. Kane 4 21,280 66.16
Micbael J. &
Opal S. Dnggan N. 62'-4, 5 & 6-Kiene &
Blocklingers Sub 26,920 775.57
ArthurE. &
Marie R. Hurlburt N. 53'll"-N70'4"-I, 2 & 3- Kiene
Blocklingers Sub. 13,350 23.10
Amelia Demmer S. 16'5"-N.70'4"-I, 2 & 3-Kiene
& Blocklingers Sub. 10,810 6.73
Josepb B. &
Mildred E. Lukens &
Jobn B. Lukens &
Yvonne R. Sqnires S. 23'I"-N.loo'-I, 2 & 3-Kiene
& Blocklingers Sub. 15,160 9.31
Lester L. Mohr N.23'6"-S.98.6'-I,2 & 3-Kiene
& Blocklingers Sub. 14,940 9.31
Cbarles R. &
Ann H. Goodin N. 23'6"-S.52'-1, 2 & 3-Kiene &
Blocklingers Sub. 13,070 7.29
Julien Improvement Co. S.28'6"-S.52'-I, 2 & 3-Kiene &
Blocklingers Sub. 12,920 9.31
465
12.87
~
$95,722.02
25,140.50
21,532.50
17,802.37
1,558.00
24,992.85
1,620.00
1,920.00
5,628.75
88.00
11,525.97
1,887.36
6,813.79
2,181.64
104.13
35,936.30
307.28
3,318.75
$161,808.19
67,241.97
94,566.22
472.83
~
$95,722.02
466
Regular Session, November 5, 1979
Cont: Thomas L.
Knepper
Thomas A. &
Margaret Donovan
N.41'-S.I29'-4, 5 & 6-Kiene &
Blocklingers Sub.
S.38'-N.79'S.I29'-4, 5 & 6-Kiene
& Blocklingers Sub.
S. 50'-4, 5 & 6-Kiene &
Blocklingers Sub
E.22'6"-21-Fortune's Snb.
1-20-Fortune's Sub.
Gertrnde Murpby
Dorothy O'Rouke
Nicholas R. &
~~en R. Lucy
Michael J. &
~ana B. Garrity
2-20-Fortune's Sub.
W.31'6"-19-Fortune's Sub.
Eldon Hntton etaI.
Cont: Carol Postel,
Cont: Nancy L. Barber
& Mary Maury E.I6'6"-19-
Eldon Hutton etal.
Cont: Carol Postel,
Cont: Nancy L. Barber
& Mary Maury W.45'-18-
Alphonse J. Schiessl 2-1-1-3 -ML 76 & 2-ML 77
WillisP.&
JaniceM.Rauen 1-1-1-3-ML76&2-ML77
Mary Elaine Breitbacb N. 35'-2-1-3-ML 76 & 2-ML 77
Aloyius A. &
Dolores pfiffner
David J. Murphy
Earl M. &
l'1:yrtle E. Pender
Lois Deich
Thomas L. &
~thryn M. Gavin
S.15'-2-1-3-ML 76 & 2-ML 77
3-1-3-ML 76 & 2-ML 77
1-5-1-3-ML 76 & 2-ML 77
4-1-3-ML 76 & 2-ML 77
2-6-1-3-ML 76 & 2-ML 77
1-1-6-1-3-ML 76 & 2-ML 77
2-1-ML 75
I-1-ML 75
2-5-ML 74
1-5-ML74
4-G. Burcb Sub.
Estber M. Martin, etal.
Josepb L. &
Katbieen M. Wagner 3-
James C. &
Evelyn M. Boland
Raphael Strub
Tri-State Convalescent
Center Inc.
John Martin Klaas
1-
2-1-2-Burcb's Sub #2
1-1-2-Burch's Sub #2
N.23 6"-S.75'-I, 2 & 3- Kiene
& Blocklinger Snb.
SUBTOTAL
Deficiency to be paid by
City of Dnbuque
Rapbael Strub 2-1-2-Burcb's Sub. #2
TOTAL
27,390
19,450
22,350
28,630
W /E22'6"
17,590
W/2-20
18,460
515.18
479.52
634.72
519.38
435.33
164.51
197.14
For Nevada Street - From N.P.L. of Dodge Street to the S.P.L. of W3rd. Street
VALUA- ASSESS-
OWNER LOT LOCATION TION MENT
Melvin M. &
Virginia M. Leibold 1- Nevada Pk. Resub. D. 26,170 541.81
RbodesJ.Jr.&
Marcella Isenhart 2- .. 26,160 538.66
DavidJ.&
Karen J. Osterberger 3- .. 23,040 535.39
Rex L. & Lois
Jannette DeMoss 4- 22,400 532.38
Elmer G. &
JuanIta Nadermann 5- 20,740 529.23
Harry L. Welter 6- " 19,520 526.21
Nick & Elizabeth M.
Krajnovich All- Wilma Place 28,150 1,217.52
MichaelD. &
Janice L. Rambow
Beatty 1-9- Nevada Pk. Resub. D. 27,910 346.41
.. 1-10- W/I-9 272.8.5
Carolyo Ann Visser 2-10- " 24,410 241.04
1-11 W/2-10 385.64
Adrian P. &
Sylvia J. DeLire 2-11- .. 23,640 126.12
.. 12- " W/2-11 507.10
Iowa Oil Co. 13- " 33,860 923.30
" 14- " W/13 385.35
Dominic W. &
Joan M. Goodmann
Michael T. & SandraJ.
Ernsdor!! (undo 'h into
each) 1- Murphy's Subdivision 51,510 1,532.50
Robert P. &
Maryan E. Miller 1A- 15,020 626.43
Wm. Jr. &
Catherine E. Zumhof 2- .. 23,830 720.43
" S.'h-3-" W/2 353.58
Robert & Janaan Mills N.'h-3- 32,430 351.19
4- W/N'h-3 700.38
Howard R. & Elaine M.
Conrad 5- " 22,340 696.21
Leslie A. &
JoAnn Burricbter 6- " 25,590 691.31
85.12
All of wbich is assessed in proportion to special benefits conferred.
122,1 sq. yd. Concrete, remove & replace@ $32.65 sq. yd. =
25 cu. yd. Excavation @ $3.85 cu. yd. =
68 ton A,C. leveling course @ $23.25 ton =
127 ton A.C. bindercourse @$21.75ton =
135 ton A.C. surfaee course @$21.75ton =
7 ton
100 gal.
2 ea.
2 ea.
369.6 ft.
106i'.1ft.
936.~ sq. ft.
78.8 sq. ft.
56.6 ft.
3 sq. yds.
W/E.16'6"- 133.45
12,540 196.58
26,620 366.43
12,110 375.22
28,530 168.21
W/S.15'
2-1-3 560.71
17,510 31.40
23,360 699.19
W/4-1-3 16.37
18,530 3.81
21,170 598.60
W/2-1 471.22
W/2-1 21.19
W/2-1 134.34
22,450 737.33
24,650 737.33
25,730 601.19
560 201.23
34,700 187.39
12,900 8.52
12,207.72
43.53
$12,251.25
3,986.57
96.25
1,581.00
2,762.25
2,936.25
Regular Session, November 5, 1979
467
¡
A.C. Hand patching@ $35.00 ton =
Tack coat @ .76 gal. =
Manhole, raise or lower @ $90.00 ea. =
Manhole, ring & cover@ $120.00 ea.
Curb & gutter, remove & replace@ $11.00 ft. =
Sidewalk or driveway removal @--o25 sq. ft.
4" sidewalk @ $1.60 sq. ft.
6" sidewalk @ $2.00 sq. ft.
Concrete sawing @ $1.25 ft. =
Sodding@ $2.95 sq. yd. =
TOTAL CONSTRUCTION COST
'City Share
245.00
76.00
130.00
240.00
4,065.60
266.28
1.578.08
157.60
70.75
8.85
$18,250.48
__..6i.147.16
Assessable Share
0.5 % Engioeering
5 % Ioterest for 52 days
12,103.32
60.52
87.41
$12,251.25
TOTAL ASSESSABLE
468
Regular Session, November 5, 1979
Joho F. Jr. &
Mary Eileen Murphy 7. 26,720 686.78
UoydD.&
Violet S. Berendes 8- 20,790 681.50
Francis J. Ryder 9- 26,040 676.60
Joseph & Janet Rand S.50'-10- .. 26,520 648.18
Richard J. &
Keiko Bakey 1-7- Reeder Langworthy's Sub.21,680 82.36
Robertp. &
Maryan Miller 2-7- 910 68.34
Melvin J. &
Mae Belle Matous 1-8- 18,080 23.26
Robert P. &
Maryan Miller 2-8- 980 21.88
Arnold E. &
Darlene R. Kaufmann 9- Guernsey Langworthy Add.31,390 317.87
Darrel E. &
Shirley Mae
Eickelkamp 10- 31,680 359.74
Dale J. &
Shirley R. Nilles 2-40- Julia Langworthy Add.24,240 540.67
Edward Francis &
Susan Mae Walz 1-40- 25,120 108.76
2-39- W/I-40 431.91
Richard L. &
~y Ann Andresen 1-39- .. 21,580 243.93
2-38- W/I-39 296.74
Charles &
Anna Ehrbardt 1-38- 20,210 379.10
2-37- W/l.38 161.57
David R. &
Debra A. Grimes 1-37- 29,180 514.27
2.36- W/I-37 26.41
1-36- .. W/I-37 649.44
Donald R. &
S,~hiko Horsley 35- .. 33.850 675.34
S.25'-34- W/35 337.98
Eugene L. & ..
Genevieve M. Pierotti N.25'-34- 33,020 337.98
Eugene L. & ..
Genevieve M. Pierotti 33- W/N.25'-3- 721.86
OliverJ.Jr. &
Rae M. Merz S.36'-32- 22,460 486.61
John A. &
Barbara J. Tona N.17.4'-32- " 20,620 235.26
Jobn A. &
Barbara J. Tona S.17.4'-31. W /N.17.4'- 235.26
EthelE. &
Donald Roussell N.36'-31- " 17,750 486.61
Meneve F. &
Josephine A. Noel 30- .. 24,810 675.34
John R. &
Janaan R. Sjobakken 29- 27,620 675.34
Kennetb A. &
Mary J. Neuhaus S.41'-I-Sub. 45 & 46 & PT-S'h
vac. alley-Julia Langwortby
Addition 25,710 515.53
S.41'-S.33'-W.45'-47-" W/S.41'-1- 72.48
45&46&PT-
S. 'hvac.alley
Robert Alban &
Shirley Grace
McLaughlin
N.42'-1-Sub. 45 & 46 PT-S'h vac.
alley-Julia Langwortby AdJition 22,740
N.42'-S.83'-W.45'-47-Julia Lang-
wortby Addition W/N.42'-
528.10
74.19
German Evangelical
Lutberan -
St. Matthews Church
German Evangelical
Lutheran
St. Matthews Church
Regular Session, November 5, 1979
I-Sub. 45 & 46
2-Sub. 45 & 46 & PT-S'/, vac.
alley-JuliaI,angworthy Addition 33,720
N.32'-W.45'.47-Julia Langworthy
Addition W/2.45 &
46 & PT S'/,
vac. alley
469
528.10
56.68
Raymond L. &
Norma Jean Kern
Kirpes 41- 26,500 1,048.40
.. 41A- W/41 91.16
W.I0'-42- W/41 101.22
James A. & W.lO'-42A- 23,940 8.80
DonnaM. Schute 43- W/43 216.90
48A- 18.86
German Evangelical
Church -
St. Matthews Church S'hvac.alley W/2-45&46 17.73
Robert L. &
Sheryl A. Tomkins E.40'-42- 20,990 296.49
.. E.40'-42A- .. W/E40-42 25.78
Gene A. Chapman 44- .. 21,490 26.03
Marthn E. Wells &
Gertrude L. Geary 1-28- .. 16,500 421.47
Corlas Gavin 1-2-28- 20,010 170.25
Grace Ryan 2-2.28- 16,140 102.98
DougD. &
Dianne W. Whittle 27- .. 25,190 694.70
Hudson B. &
Karen A. Clark 26- .. 26,180 741.98
RitaM. Walsh 25- 28,230 741.98
Pbillip Thomas &
Mary A. Meyers 24- 33,010 741.98
Richard F. &
Dianne M. Roepsch W.55'-23- 26,940 479.06
.. W.55'-22- W/W.55'-2 479.06
Gerald E. &
Shirley A. Henkel
Cont:PeterJ.Rand E.75'-23- 31,540 215.64
E.75'-22- W/E75'-23 215.68
TOTAL $33,640.99
AU of wbich are assessed in proportion to special benefits conferred.
1550 sq. yd.
590 ton
375 ton
1202 gal.
1016.34 ton
8 ea.
5ea.
*2000 cu. yd.
*232 ton
*135 ton
*4 ton
*1002.1 ft.
*2983.54 ton
*162.98 sq. ft.
*16.33 sq. ft.
*170 sq. yd.
Excavation @ $3.85 sq. yd.
A.C. Binder Coarse @ $21.75 ton =
A.C. Suriace Coarse @$21.75ton =
Tack Coat @ .26 gal. =
% .. stabilized rolled stone base @$5.05ton =
Manbole, raise or lower @ $90.00 ea. =
Manbole, ring & cover @ $120.00 ea. =
Excavation @$3.85cu. yd. =
Aspbalt treated base @ $19.75 ton =
A.C. leveling coarse @ $23.25 ton =
A.C. Hand patching @$35.oo ton =
Rock curb or C&G, remove & replace @ $11.00 ft. =
'!4 .. stabilized rolled stone base @ $5.05 ton =
Sidewalk or driveway removal @.25 sq. ft. =
6" sidewalk @ $2.00 sq. ft.
Sodding@ $2.95 sq. yd. =
5,967.50
11,745.00
8,156.25
913.52
5,132.52
720.00
600.00
7,700.00
4,591.83
3,138.75
140.00
11,023.10
15,066.88
40.75
32.76
501.50
/
470
Regular Session, November 5, 1979
*162.98 sq. ft. 4" sidewalk @$1.50 sq. ft. =
TOTALCONSTRUCTIONCO~
*City Share
Asessable Cost
0.5 % Engineering
5 % Interest - 52 days
260.77
$75,731.18
42,496.39
33,234.79
166.17
~
TOTAL ASSESSABLE $33,640.99
For 9th Street - From E.P.L. of Central Avenue to the W.P.L. of White Street
V ALUA- ASSESS-
OWNER LOT LOCATION TION MENT
W. D. Deckert co. AlI-279-City Lot 33,580 2,041.34
Earl A. Hendricks &
Wm. H. Hendricks 280- 40,770 755.91
Hendricks Feed Co. 281- 9,050 260.03
Albert E. &
Evelyn McClain N'/'-328-" 13,060 1,353.24
Charles D. &
Lucille K. Richardson S'/'-328-" 10,330 688.05
Daria Mae Anderson S-16-327- .. 7,740 183.28
Donald Heim Cont:
Charles Dalley N-35'2"-327-City Lot 19,990 572.83
John R. & Dianne K.
Holmes, undo ,/, In\. N'/'-326- 9,490 260.03
Eugene J. & Mary I.
Tully, undo '/'Int. N'/'-326- ..
Dubuque Auto Supply All-278 45,490 2,041.34
Alfred E. &
Marie Barth S'/'-277- 14,730 440.53
Universal Motors, Inc. N'/'-277- 98,140 315.33
.. 276- W/N'/' 260.03
Arthur H. & Lucille M.
Sebmalz 329- 34,040 2,041.34
Robert C. & Lorraine
M. Stone S,/,-330- 10,650 440.53
Donna M. Schonhoff N'/'-330- 10,490 315.33
Theo J. & Agatha
Whelan S'/'-331-" 12,580 260.03
TOTAL $12,229.07
All of which are assessed in proportion to special benefits conferred.
290 cu. yd. Excavation @ $3.55 cu. yd. = 1,116.50
345.55 ton Asphalt Base@ $19.75 ton = 6,824.61
90 ton A.C. Binder Coarse @ $21.75 ton = 1,957.50
75 ton A.C. Surface Coarse @$21.75ton = 1,631.25
28.05 ton ,/," stabilized rolled stone base@ $5.05 ton = 131.25
2 ea. Manhole, raise or lower@ $90.00 ea. = 180.00
2 ea. Manhole, ring & cover @ $120.00 ea. = 240.00
*44.45 ton Asphalt treated base @ $19.75 ton = 877.89
*140 ft. Rock curb or C&G, remove & replace @ $11.00 ft 1,549.90
*205.4 sq. ft. Sidewalk or driveway removal @.25 sq. ft. 51.35
*205.4 sq. ft. Sidewalk@ $1.60 sq. ft. = 328.64
*24.1 ft. Concrete sawing@ $1.25 sq. ft. = 30.12
*1 ea. Detour@ $750.00 = 750.00
*Lump Extra Work 50.00
$15,719.31
3,637.90
12,081.41
60.41
87.25
$12,229.07
TOTAL CONSTRUCTION COST
City Sbare
Assessable Cost
0.5% Engineering
5 % Interest - 52 days
TOTAL ASSESSAB)Æ COST
Regular Session, November 5, 1979
471
For O'Neill Street - From the W.P.L. of Burden Avenue to the E.P.L. of
Brunswick Street. VALUA- ASSESS-
OWNER LOT LOCATION TION MENT
BELMONT ADDITION
Frank J. &
EleanorM.Heyward 83- W/27B- 1,282.75
O'Neill's
Riverview
Albert R. &
Pauline A. Bauer 89- 20,220 1,282.75
Gertrnde M. Weiner 90- 2,670 983.19
91- 4,620 551.85
92- W/910'Neill 1,128.25
Riverview
Cletus J. &
Delora A. Lippe 108- 13,810 1,282.75
.. 109- 2,670 983.19
Elmer & Marie Hilkin 110- 12,980 1,282.75
Quentin J. &
Elaine Schumacher 111- 17,970 1,282.75
Antbony H. & June E.
Lange 112- 25,130 1,282.75
.. 112A- W/112 320.70
O'NEILL'S RIVERVIEW
Alloysius L. &
Mary C. Weitz 17- 18,130 1,282.75
Cledis C. &
ChristinaL. Kelly 18- 20,640 1,282.75
Herman & Irene Klein 19- 25,450 1,282.75
Kennetb J. &
Marie C. Mayerle 20- 23,950 1,282.75
Ritn J. Mohr 21- 23,180 1,282.75
Firzlaff, Steven D. &
Nieland
Janice M. 22- 19,120 1,282.75
Josepb Vize 23- 16,670 1,282.75
Sylvester & Edith M.
Steines 24- 24,240 1,282.75
Pbil & Helen Stemper 25- 24,740 1,062.13
Pbil & Helen Stemper E.28.5'-26- W/25 731.18
Arnold C. &
Clara C. Kutsch W.12'8"-26- 27,000 324.30
27- W/WI2'8"- 1,026.21
26
27A- 320.70
Frank J. &
Eleanor M. Heyward 27B- 20,320 320.70
Edmund J. &
Anita M. Auderer 28A- 26,980 320.70
28- W/28A 1,026.21
29- .. 1,062.13
Ed.A.&
Dorothy I. Kaufmann 30- 26,090 1,062.13
.. 31- W/30- 1,282.75
Julius A. &
Irene M. Welu 32- 21,030 1,282.75
33- W/32- 1,282.75
Jean A. Duscher 34- 2,670 983.19
Robert L. &
Sbirley M. Hanson 35- 20,800 1,282.75
Loretta C. Soúth 36- 22,280 1,282.75
William L. &
Joyce A. Stoffel 37- 19,980 1,282.75
Harold N. &
472
Regular Session, November 5, 1979
Florence Hilbert
38-
19,300
1,282.75
39,160.01
SUBTOTAL
*Deficiency paid by City of Dubuque
Gertrude M. Weiner 9O-Belmont Addition
92-Belmont Addition
294.56
420.30
Cletus T. &
DeloraA. Lippe
Jean A. Duscher
109-Belmont Addition
34-0'Neill's Riverview
294.56
294.56
TOTAL
$40,463.99
All of which is assessed in proportion to special beoefits conferred.
2207 cu. yd. Excavation @ $3.85 cu. yd. =
1540 sq. yd. Concrete pavement removal @$3.oo sq. yd. =
210 ton A.C. Binder Course @ $21.75 ton =
189.3 ton A.C. Surface course @ $21.75 ton =
400 gal. Tack coat @.76gal. =
1433.31 ton % .. stabilized rolled stone base @ $5.05 ton =
1660.4 ft. Curb & gntter, Type A or B@ $6.15 ft. =
2 ea. Manhole, raise or lower@ $90.00 ea. =
2 ea. Manhole, ring & cover @ $120.00 eacb =
*14,94 sq. yd. Concrete, remove & replace w/l0" concrete
@$32.65 sq. yd. =
% .. stabilized rolled stone base @ $5.05 ton =
Sodding @ $2.95 sq. yd. =
Sidewalk or driveway removal @.25 sq. ft. =
4" sidewalk @ $1.60 sq. ft. =
6" sidewalk@ $6.00 sq. ft. =
Concrete sawing @ $1.25 ft. =
Tree removalI2"-15" @ $150.00 ea. =
Tree removalI8"-24" @ $250.00 ea. =
Extra work
*910.94 ton
*979.sq. yd.
*2180.16 sq. ft.
*474.43 sq. ft.
*1809.52 sq. ft.
*44 ft.
*1 ea.
*2 ea.
*Lump
8,496.95
4,620.00
4,567.50
4,117.28
304.00
7,238.21
10,211.46
180.00
240.00
487.79
4,600.25
2,838.05
545.04
759.09
3,619.04
55.00
150.00
500.00
2,918.86
56,498.52
16,523.12
39,975.40
199.88
~
TOTAL CONSTRUCTION COST
City Share
Assessable Cost
0.5% Engineering
5 % Interest. 52 days
TOTAL ASSESSABLE $40,463.99
For Windsor Avenue - From tbe N.P.L. of Rhomberg Avenue to the W.P.L. of
East 22nd Street.
VALDA- ASSESS-
OWNER LOT LOCATION TION MENT
Irma Steuck N.E. 8'-S.W. 196'-I-ML 467 19,280 6.67
S.W.40'.N.E.45'-I-ML467 W/N.E.8' 46.34
S.W.I96'
1
~~herine V. Rogers N.E.5'-N.E.45'-I-ML 467 9,500 8.36
1-2- " W/N.E.5' 65.66
N.E.45'-
1
Charles D. &
AdelaideJ. &
Amanda V.
Haferbecker S.W.40'-2-2- " 18,630 127.25
Lovre M. &
Geraldine Snkicb N.E.56'-2-2- " 12,860 457.14
Sacred Heart Church
of Dubuque, IA 1-3- 5,550 709.84
Dubuque Community
Sehool District E. 'h-84-Cook's Addition 710,550 28.93
W'h-84- W(E'h-34 3.73
S.2.16'-88- " 1.58
Regular Session, November 5, 1979
473
20,550
14,060
29.16
31.84
10.06
22.83
102.28
222.41
151.44
3A-ML314
N.W.43.68'-83-Cook's Addition
1-82- ..
2-82-
81-
Mildred R. Heiderscheit 80-
Herbert &
Margaret A. Herbst 2-N.W.'h-78 & 79 ..
Fred C. &
Rosella E.
Spengelmeyer I-N.W.'h-78 & 79- '
Alfred M. &
Cecelia Ferring S.E.'h-78 & 79- ..
Carl Everett E.50'10"-77.
Dorothy M. Wilberding E.45'-W.86'8"-77- "
Elizabeth Ann Kerkel W.41'8"-W86'8"-n ..
.. S.W.5'-76- ..
22,230
23,520
15,030
16,010
16,810
W/W41'9"
W.86'8"-
77
640.79
793.69
419.96
377.92
351.13
4.97
I-N.W.'h-78 & 79- ..
Robert L. &
Phyllis Goodman N.E.52.01'-76- "
Richard A. Polsean
Cont: Richard D. Ward
& Lucy Lenaers 75- 16,790 222.41
Emily &
Tbomas Mettel 74- 12,980 61.71
Donald D. &
Connie K. March 67- 22,540 61.71
Robert B. &
Ida Farley 66- 17,680 222.41
JosephJ.&
Mildred E. Welbes 65. 16,270 430.58
Alice Mary Guns 64- 15,970 1,155.11
Ella Main 1-63 1,750 384.59
Edward J. &
Celestine A. Kueter 2-63- Cook's Addition15,110 385.72
Richard P. &
Wilma J. Moore 3-63- 16,820 384.50
Loretta C. McDonougb N.E. 'h-62- 9,230 250.78
Derl E. &
Doris A. Wuertzer S.W.'h-62- 12,480 185.91
Andrew J. & Mary A.
LuGraine N.E.'h-61- 15,330 135.96
Gayl R. & Jeanne
Nelson S.W.'h-61. 12,660 85.66
Dubuque CommunIty
Sebool Dist. 60- W /E'h-84 101.15
59- W/'Io-34 59.67
N.E.40'-58- W/E'Io-34 34.81
Thomas D. Parker N.E.'¡,-53- 2,810 61.03
S.W.'h-52- W./NE'h-53 87.02
Philip J. &
Suzanne K. Beaver N.E.'10-52- 15,230 138.22
Marie E. Schlueter 51- 19,080 430.58
Betty E. & "
Kenneth C. Morgan 50- 16,210 1,154.76
Clifford F. &
Doris A. Bradley 49- 13,590 1,155.11
Katherine Loretta
McAndrews S.23.48'-48- 11,850 224.33
Harold J. Haag N.E.29'-48- 12,320 206.36
Artbur &
Thelma Potter 47- 19,130 222.41
Terrence L. &
Carol A. Theis 46- 17,820 61.71
Marie Buechele 39- 22,340 61.82
N.E.12'h'-33- " W/39 36.50
17,770
425.71
Marvin Schmitz,
Trustee of Trust for
Irene Sehmitz
Burgmaier S.W.39.83'-38- 21,040 185.91
Dale F. & Dolores
Walbrum N.E.'h-37- 5,800 186.47
Florence Holz S.W.'/,-37- 16,110 246.82
Everett L. &
Franees J. Jones W.66.53'-36- 18,640 558.85
Miller, Neil, Inc. E.71'-36- 3,200 594.11
.. 1-1-35- W/E.71'- 435.78
Gerald W. &
Kathleen C. Hahn 2-1-35- 9,260 219.36
John & Patty Piper 2-2-35- 15,160 247.73
.. 2-2-34- W /2-2-35 28.03
George C. & Mary S.
Cayro 1-2-35- 14,000 252.02
.. 1-2-34- W/I-2-35 28.48
Carroll C. Keith K. &
Robt. P. Clark 1-34- 32,710 373.95
38- W/I-34 222.41
Irene Engler 1-32- 10,290 61.82
TffiAL $16,683.76
All of which is assessed in proportion to special benefits conferred.
VALDA- ASSESS-
OWNER LOT LOCATION TION MENT
Darrell P. &
JuditbJ. Zmolek 7- Oakland Park Additionl8,190 554.68
LeoJ. &
Ethel Martin 8- 21,250 554.68
Michael L. &
Betty A. Fishnick 9- .. 25,120 554.68
Gloria Lenstra 10- 19,690 554.68
MichaelJ. &
Mary Pat Ament 11- 25,170 554.68
Michael F. &
Mary Wolff 12- 16,600 554.68
474
Regular Session, November 5, 1979
607 cu. yd.
229.18 ton
283 ton
1 ea.
560 gal.
351.95 ton
6ea.
5ea.
*95.82 ton
*49.2 ft.
*67 sq. yd.
*18 sq. ft.
*18 sq. ft.
*10.0 ft.
*371 ft.
Excavation@ $3.85 cu. yd. =
A.C. Binder Course @ $21. 75 ton =
A.C. Surfacecourse @$21.75ton =
Detour @ $750.00 =
Tack coat@ .76 gal. =
% .. stablilzed rolled stone base @ $5.05 ton =
Manhole, raise or lower@ $90.00 ea.
Manhole, ring & cover @ $120.00 ea. =
Binder course @ $21. 75 ton =
Rock curb or C&G remove & replace @$11.00 ft.
Sodding @ $2.95 sq. yd. =
Sidewalk or driveway removal @ .25 sq. ft. =
4" sidewalk@ $1.60 sq. ft. =
Concrete sawing @ $1.25 sq. ft. =
Curb & gutter, Type A or B @ $6.15 ft. =
TOTAL CONSTRUCTION COST
City share
Assessable Cost
0.5 % Engineering
5 % Interest - 52 dnys
TOTAL ASSESSABLE
For Wood Street - From Loras Blvd. to Rosedale Avenue.
2,336.95
4,934.68
5,067.75
750.00
425.60
1,777.35
540.00
600.00
2,084.09
541.20
197.65
4.50
28.80
12.50
~
21,632.70
5,150.39
16,482.31
82.41
119.04
$16,683;76
Regular Session, November 5, 1979
Donald L. & VelmaA.
Schlickman
Cont: Donald F. &
Cathy D. Schlickman 13-
William E. &
BarbaraK. Schlickman 14-
Richard &
Darlene M. Schaaf 15-
Voelker Realty Group,
Inc. Cont: Joseph W. &
Donna I.. Jacobs-
meier 16-
Robert Lee &
Lois K. Selle 17-
C. Peter & Sally A.
Corby Cont: Mark J. &
Kimmie J. Hines 18-
Marvin A. &
Edna E. Nielsen E.
Frank C. & Rosene M.
Moreland W.36'-I9-
Rnymond R. Jr. &
Mary Jane Schmerbach E.45'-20-
Richard J. &
Sbaron K. Feller
Elroy J. & Violet M.
Klaas
Micbael J. & Jean T.
Kelly 22-
Donald J. & Jane A.
Jacquinot 28-
Paul F. & Deborah A.
Rooney 24-
.. 2-25-
Harold J. & Magdalen
Delaney 1-25-
Rnyse Weimerskircb 26-
Michael P. Duehr 27-
Jerry L. &
Eileen J. Jascben N.73'4"-1-5- Mt. Pleasant Add. 15,390
Mary H. MacDonald 6- Grays Sub. 19,860
Bernard J. &
Charlotte A. Boland 7- 24,780
WilliamJ. &
Sharon M. Hamel N.57'-8- 24,220
.. . S.3'-8- .. W/N.57'-8
Catherine Blocker S.40'-9 14,990
Karl A. &
Thelma I. Granes 1-10- 26,170
2-10- W/I-lO
21,000
17,210
15-
18,910
17-
16,690
19,900
E.44'-19-
19,470
20,540
18,530
22,000
W.47'-20-
21-
20,590
19,150
18,260
28-
14,220
20,340
W/24
17,660
25,130
14,750
WilliamJ. &
Marylyn S. McFarlane 11-
Gladys Rnve 12-
Nicky A. &
Coleen R. Helgersdon 13-
Home of tbe Friendless,
Mt. Pleasant Home 2-
Home of the Friendless,
Mt. Pleasant Home 1-3-
Reno E. &
Viola M. Gebbart
G;.ays Sub.
18,880
18,080
24,910
ML178
246,300
W/2
2,260
11,300
2-3-
3-3-
Darrell E. Bergfield &
Jacqueline A.
Harrington 4-3-
Derald A. & Jean A.
13,140
475
554.68
554.68
554.68
166.89
328.97
754.19
746.01
257.19
200.33
50.61
581.06
581.06
600.29
599.06
74.55
490.75
583.52
569.10
836.52
693.35
693.35
658.68
34.67
518.99
656.64
157.38
661.44
681.59
683.74
468.77
293.19
573.39
539.24
539.24
476 Regular Session, November 5, 1979
Sehrobilgen W.I02' -5-3- 16,710 430.73
Marvin C. & Teresa
D. Fagerlind W.I02'-6-3- 18,280 430.73
Mt. Pleasant Home E.80'-6-3- W /2- 73.22
.. E.80'-5-3 W /2 73.22
ArthurH. &
Mary J. Oeth Coot:
Richard R. &
Joyan A. Holdridge 7-3- 15,750 503.65
Mt. Pleasant Home 8-3- W/2 503.65
9-3- .. 503.65
10-3- 503.65
11-3- 503.65
Elizabeth Gehler 12-3- 21,440 503.65
Mt. Pleasant Home 13-3- W /2 503.65
14-3- .. 503.65
.. 15-3- 320.29
Arthur C. &
Lela M. Tigges 6- 31,640 1,073.77
.. 1-5- W/6 30.47
Richard G. &
Linda Firzlaff Wh-2 Myrtle's Sub. 15,790 549.67
Roger C. &
Mary M. Wallace S'/,-2 18,990 549.67
Charles & Judy Leppert 3 16,450 549.67
LeoJ.&
Mary A. Theisen 4- 30,510 593.64
Gene H. Widmar 5- 15,990 593.64
John W. & Margaret H.
Arnzen 6- 18,900 593.64
Henry C. Jr. &
Patricia J. Wlilett 7- 24,550 593.64
Wm.J.&
Sbirley S. Meyer 8- 20,100 593.64
Roger A. &
Harriet A. Huber 9- 17,040 593.64
David C. & Mary K.
Buelow 22- Rosedale Addition 15,370 169.76
1-23- W/22 116.58
Kathleen Maury 2-23- 26,490 158.51
.. 24- W/2-23 654.49
Roy & Frances C.
Koster 25- 16,540 691.30
26- W/25 277.44
Robert E. & Margaret
C. Freeman 27- 16,660 166.59
23- W/27 93.67
Andrew G. Frommelt 50- 1,800 549.67
City of Dubuque 51- 1,370 549.67
Roman E. &
Lucina Szymaoski 52- 26,950 549.67
Thomas J. & Jean L.
Kass 58- 20,440 549.67
Shirley I. Ring 54- 15,570 796.63
Mt. Pleasant Home 55- W/2-MLI7 691.30
56- .. 277.44
57- 166.59
58- 109.32
5 ~R
60- 334.10
61- 206.57
62- 110.04
fi K63
Julieo Improvement Co.
Cont:
Donald J. Jr. &
Janet A. Pape 8- Rosedale Addition #2 19,080 24.44
Regular Session, November 5, 1979
477
8A- W/8
Ronald J. & Diane L.
Cook 9- 22,440
9A- W/9
George E. & Friedn M.
Crossley 2-1-10 18,210
Mt. Pleasant Home 74- Voelker Highlands W /2- ML
Passed, adopted and approved this 5th day of November, 1979.
Richard Wertzberger,
Mayor
ThomasA. 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 Resolutioo. Seconded by Council
Member Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
requesting favorable consideration to
approve final plat of James F. Miller
Subdivision No. One (3165-3175 Kauf-
man Ave.), presented and read.
Council Member Farrell moved tbat
the communication be received and
filed. Seconded by Conncil Member
Tully. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
522.44 sq. yd.
10 cu. yd.
9 sq. yd.
75tou
415 ton
377.5 tOll
20 ton
300 gal.
Rea.
11 ea.
*87.49 sq. yd.
*154,4 ft.
*40 sq. yd.
*9.6 sq. ft.
Lump
TOTAL
All of which is assessed in proportion to special benefits.
Coocrete, remove & replace w/l0"
@ $32.65 sq. yd.
Excavation @ $3.85 cu. yd. =
Concrete pavement removal @$3.00 sq. yd. =
A.C. leveling coarse @ $23.25 ton =
A.C. Binder course @ $21.75 ton =
A.C. surface coarse @ $21.75 ton =
A.C. Haod patching @ $35.00 toll =
Tackcoat @.76gal. =
Manhole, raise or lower@ $90.00 ea. =
Manhole, ring & cover @ $120.00 ea. =
Concrete, remove & replaee w/l0"
@ $32.65 sq. yd.
Rock curb or C&G, remove & replace
@ $11.00 ft. =
Sodding@ $2.95 sq. yd. =
Sidewalkordrivewayremoval @.25sq. ft. =
Extra Work
TOTAL CONSTRUCTION COST
*City Sbare
Assessable Cost
0.5% Engineering
5 % Interest - 52 days
TOTAL ASSESSABLE
Nays-None.
4.50
118.93
22.29
107.70
72.20
$40,369.23
R,057.66
38.50
27.00
1,743.75
9,026.75
8,210.63
700.00
223.00
1,530.00
1,320.00
2,865.55
1,698,40
118.00
2.40
490.00
45,047.14
5,165.35
39,381.79
199.41
~
$40,369.23
RESOLUTION NO. 290-79
A Resolution Approving the Plat 01
James F. Miller Subdivision Number
One in the City 01 Dobuque, Iowa.
WHEREAS, there has been filed witb
tbe City Clerk a plat of James F. Miller
Subdivision Number One in tbe City of
Dubuque, Iowa; and
478
Regular Session, November 5, 1979
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 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 pln.t of James F.
Miner Subdivision Number One be aOO
the same is hereby approved aOO the
Mayor aOO City Clerk are hereby
authorized ami directed to endmse the
approval of the City of Dubu([UÆ, Iowa,
upon said plat.
Passed, adopted, and approved this
5th day of November, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farreil
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager
relative to Uniform Building Code,
Uniform Fire Code and Sprinkler Ordi-
nance indicating that a public hearing
sbould be held on November 19, 1979,
presented and read.
Council Member Brady moved tbat
the communication be received and filed
and public hearing be held on November
19, 1979, at 7:30 o'clock P.M. in tbe
Council Chambers and City Clerk be
directed to publish notice. Seconded by
Council Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager pro-
viding recommendations for changes in
particular classifications affecting Board
of Healtb and Plumbing Board changes
due to recent appoiotments, presented
and read. Council Member Tully moved
that tbe communication be received and
filed. Seconded by Cfi>uncil Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Weltzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
ORDINANCE NO. 68-79
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, lOW A, PROVIDING
THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE A-
MENDFJ) BY REPEALING SECTION
30-36 THEREOF AND ENACTING A
NEW SECTION 30-36 IN LIEU
TIlEREOF, BY REPEALING SUB-
SECTION la) OF SECTION 30-37
TIlEREOF AND ENACTING A NEW
SUBSECTION I a) OF SECTION 30-37
IN LIEU THEREOF: BY AMENDING
SECTION 30-39 BY ENACTING NEW
SUBSECTION (c), (dland lei AND
BY ENAC11NG A NEW SECTION
30-43,
presented and read.
Council Member Tully moved thnt the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farreli, King, Tuliy.
Nays-None.
Council Member Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
OIIDINANCE NO. 68-79
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT TIlE CODE OF ORDINANCES,
CITY OF DUUBUQUE, IOWA, BE
AMENDED BY REPEALING SEC-
TION 30-36 TIlEREOF AND EN-
ACTING A NEW SECTION 30-36 IN
LIEU 'I1IEREOF: BY REPEALING
SUBSECTION la)OF SECTION 30-37
THEREOF AND ENACTING A NEW
SUBSEC'nON I a) OF SECTION 30-37
IN LIEU THEREOF: BY AMF"NDING
SECTION 30-39 BY ENACTING NEW
SUBSECTONS lei, Id)and Ie): AND
BY ENACTING A NEW SECTION
30-43.
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 repealing Section 30-36
thereof aOO emLCting a new Section
30-36 in lieu thereof as folJJJws:
Seetion 30-36. Appointment; compo-
-----
Regular Session, November 5, 1979
479
sition: qualifications.
The City Council shaJ.l appoint a
plumbing board consisting of five (5)
members, one of whom shaJ.l hold a
license as a Journeyman plumber, of
at least five (5) years' experience,
two master plumbers who have been
engaged in the plumbing bWliness a:;
master plumbers for at least five 151
years in the City, one person who
holds a bachewr of science de9ree ÙI
the area of physical sciences, and a
fifth member who shaJ.l be a represent-
ative of the public.
Section 2. That the Code of Ordi-
nances of lhe City of Dubuque, Iowa, be
ameOOed by repealIng Subsection I a) of
Section 30-37 thereof aOO emLCtlng a
new Subsection I a) of Section 30-37 in
lieu thereof as foUows:
Section 30-37. Terms; fiUing of va-
cancies
I al Members of the plumlYing board
appOInted oj'ter November 6, 1979
.,haJ.l serve for a period of three (3)
years, or until their successors are
duly appmnted.
Section 3. That the Code of Ordi-
nances of the City of Dubu([UÆ, Iowa, be
ameruied by enacting new Subsections
(cl, Id) ami Ie) to Section 30-39 a:;
folJJJws:
Ie) Members of the plumbing board
shaJ.l atteOO at lea:;t two-thirds 1213)
of aJ.l reguln.rly scheduled meetings
within any twelve 112) rrumth perWd.
If any m£mber does not atterui such
prescribed number of meetIngs, it
shaJ.l c<m<ltitute grOlJHlds for the board
to recommerui w the Dubuque Oity
Council that said member be rep/.a£ed.
Attendœnce of aJ.l members shaJ.l be
entered on the minutes by the clerk of
the plumÜlg booril.
I d) AU meetings shaJ.l be held in con-
jOrm<mœ with Me provisions of the
Iowa Open Meetings Low.
I e I Th. pI_lYing board shaJ.l file with
the DubuquÆ City Council a copy of the
minutes of each reguln.r ami speCÌ!11
meeting of the board within ten (10)
workIng days oj'ter ef1£h such meeting.
Seetion 4. That the Code of Ordi-
=es of the City of Dubuque, Iowa, be
ameruied by emLCting a new Section
30-1,3 a:; folJJJws:
Seetion 30-43. Procedures.
AU administrative, personne, ac-
countIng bndgetary ami procurement
polides of the City shaJ.l govern the
plumbing board in aJ.l of its oper-
ation.
Passed, approved and adopted this
5th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
City Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper tbis 9tb day of
November, 1979.
Leo F. Frommelt,
City Cierk
It 11/9
Conncil Member Tully moved final
adoption of the Ordioance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Attorney Norby
requesting easement vacation for
Clarke Crest Estates covering 10' in
width for public utilities across Lots 8,
9,10 & 11 of Block 1 and Lot 25 of Block
9, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Councli Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger Council
Members Brady, King, Tully.
Nays-None.
Abstain';"Cooncii Member Farrell.
KESOLUTIONNO.291-79
WHEREAS, on the 4th day of May,
1979, tbe plat of L.øts 1 throug1I 11 of
Block 1, Lots 1 tbroogh 9 of Block 10
and Lot 25 of Block 9 of "Clarke Crest
Estates" in the City of Dubuque, Iowa,
was filed in tbe office of the Recorder of
Dubuque County, Iowa, as Instrument
No. 3651-19'19: and
.~
WHEREAS, by said plat tbe owners
dedicated to the public certain ease-
ments for public utilities ten (10) feet in
width along tbe, boundary lines of I",1s
8, 9, 10 and 11 of Block 1 and Lot 25 of
Block 9 of "Clarke Crest Estates: wbich
easements are ' set forth and appear on
said plat: and by Resolution No. 94-79
tbe City of Dubuque accepted the
dedication of said public utility ease-
ments: and
WHEREAS, said Lots 8, 9, 10 and 11
of Block 1 and Lot 25 of Block 9 bave
now been replatted and, togetber with
otber properties, now comprise Lots 1,
2, 3 and 4 of Block 8, Lots 1, 2, 3 and 4
of Block 9, Lots 1, 2 and 3 of Block 4 and
Lot 8 of Block 1 of "Clarke Crest
Estates" in tbe City of Dnbuque, Iowa,
according to the recorded plat th¡,¡>oof
480
Regular Session, November 5, 1979
filed on July 11, 1979, as Instrument
No. 6192-1979 of the Dubuque County
records; and
WHEREAS, by reason of the above
referred to replatting of Lots 8, 9, 10
and 11 of Block 1 and Lot 25 of Block 9
of "Clarke Crest Estates" and the
designation of new public utility ease-
ments on the plat of "Clarke Crest
Estates" filed July 11, 1979, as Instru-
ment No. 6192-1979 of the Dubuque
County records and the dedication of
which new public utility easements was
accepted by the City of Dubuque
&solution No. 158-79, the public utility
easements affecting Lots 8, 9, 10 and 11
of Block 1 and Lot 25 of Block 9 of
"Clarke Crest Estates" as shown on the
plat thereof filed May 4, 1979, as
Instrument No. 3651-1979 of the Dubu-
que County records are no longer re-
quired and have been abandoned:
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the public utility
eMements granted to the City of
Dubuque rewting to aOO affecting Lots
8, 9, 10 aOO 11 of Bwck 1 aOO Lot 25 of
Bwck 9 of "Clarke Crest Estates" M
shown on the pwt thereof filed May .¡,
1979, M Instrument No. 3651-1979 of
Dubuque County records are W Imtger
req'llired aOO same shonid be released
aOO oharuioued to the owner.
Section 2. That the City Clerk be aOO
he is hereby authorized aOO directed to
caWle wtice of intention to dispose of
interest in real estate to be published as
is by In.w requirerL
Passed, approved and adopted this
5th dny of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Conncil Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzherger, Council
Members Brady, King, Tully.
Nays-None.
Abstain-Council Member Farrell.
RESOLUI'IONNO.292-79
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the
same have been examined and approved
and
WHEREAS, The premises to be
occupied 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
Manager be authorized to cnuse to be
issued to the following named applicants
a Beer Permit.
CLASS .B"
BEER PERMIT
Laras College 1450 Alto Viols
CLASS "C"
BEER PERMIT
Nash Fineh Co. J.F.K. Rd.
Lucky Stores, Inc. 200 S. Locust St.
IAlso Sunday Sales)
Passed, adopted and approved this
5th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
,James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Loo F. Frommelt
City Clerk
Council Member Tully moved adop-
tion of the &solution. Seconded bv
Council Member King. Carried by ',e
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUI10NNO.293-79
WHEREAS, Applications for Liquor
licenses have been submitted to this
Council for approval and the same hav~
been examined and approved: and
WHEREAS, The premises to be
occupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances
relevant thereto and they ha>e filed
proper bonds:
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, tbat the
Manager be authorized to cause to be
issued to the following named applicants
a Liquor License.
CLASS"C" ICOMMERCIAL)
BEER & LIQUOR LICENSE
Regular Session, November 5, 1979
481
Ricbard B. Winsor &
James T. Uark 253 Main St.
Crane Enterprises, Inc. 2245 J.F.K. Rd.
Allafuazz, Inc. 1800 Radford Rd.
Town Uock Inn, Inc. Nesler Centre,
8tb & Main St.
Jeffrey T. Maggio &
Gregory J. Adams 1064 University
ISunday Sales Only)
Passed, adopted and approved this
5th day of November, 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, Farreli, King, Tully.
Nays-None.
RESOLUl10NNO.294-79
Establishing Preference for the Loca-
tion of the Gregt River Road in the City
of Dubuque, Iowa
WHEREAS, the Iowa Department of
Transportation is considering projects
and routes under the Great River Road
system: and
WHEREAS, the selection of an ap-
propriate route within the city of
Dubuque to meet tbe purpose of the
Great River Road to provide scenic
Mississippi River views and to provide
opportunities ~or users to stop to enjoy
recreational activities and to visit signi-
cant historic, architectural, archaeologi-
cal and cultural features is of utmost
importance and of vital concern to the
city of Dubuque: and
WHEREAS, the City Council has
reviewed and re-examined possible
routes for such a road through the city
of Dubuque;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL Of'
THE CITY OF DUBUQUE, IOWA:
Sectiou 1. That the City Council of the
city of Dubuque hereby requests the
Iowa Department of Transportation to
consider and determine the feasibility of
routing the Great River Road through
the city of Dubuque in the fo{Ù¡wing
order of preference:
a. u.s. Route 52 north of Dubuque to
State Route 386: then proceed
easterly and okmg the bluff
southerly and adjacent to Lock aOO
Dam No. 11: aOO then onto Kerper
Boulevard; then okmg Kerper
Boulevard to the Julien Dubuque
Bridge:
b. u.S. Route 52 to State Route 386:
then eMterly to Peru Road to
Roosevelt Avenue I Volky Road):
then easterly to Rhomberg Avenue:
then okm9 Rhomberg Avenue to
Kerper BoW,evard; then okmg Ker-
per Boulevard to the Julien Du-
buque Bridge:
c. u.S. Route 52 ICentral Avenue)
to the Julien Dubu([UÆ Bridge with a
spur connection to Kerper Boule-
vard.
Sectioo 2. That the Director of Pub-
lic Works is hereby authorized aOO di-
rected to provide a certified copy of
this resolution to the Iowa Department
of Transportation aOO to enter into
disCWlsions with the Iowa Department
of Transportation M to the feasibiUty of
the preferences in the order listed by
the Oity Council of the city of Dubuque.
Passed, approved and adopted this
5th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
City Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Council Member Tully moved adop-
tion of tbe Resolution. Seconded by
Council Member Brady. Carried by the
followiog vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
Communicatioo of City Assessor sub-
mitting a stipulation agreed upon by
Riehard C. Henschel in a tax appeal
case relative to Sub. 2-1-1-1-1 McLean
Heights Lot 1 and Sub. of Lot 1-6 Block
6 Thomas Farm Addn. Lot 1, presented
and read.
Council Member Tully moved tbat tbe
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Peoples Natural
Gas advising of a rate increase of 0.053
cents per one hundred cubic feet
effective November 19, 1979, presented
and read.
Council Memher Farrell moved that
482
Regular Session, November 5, 1979
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.
Notice of verbal request, submitted
by Aifred Polsean, tbru tbe City Clerk's
. to address
t Ridge
appeared before the Council voicing ob-
jections to patch material being put on
streets and purchase of house on 8th St.
by tbe City. Council Member Tully
moved that the notice be received and
filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-NQne.
Communication of Donald E. Deich
relative to Mayor Wert"berger and
Aifred Polsean, presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Conncil Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Mrs. Mary J.
Giesler questioning the consistency of
policy in tbe development and paving of
Hogreffe St. for tbe benefit of the
developer of HOMZ Sheridan Village,
presented and read.
Council Member Tully moved that tbe
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wert"berger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of Planning & Zoning
submitting a copy of their by-laws
adopted by the Commission on Sep-
tember 19, 1979, presented and read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Council Member
Tully. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Finance Director
submitting tbe following audits: Transit
System Sewage Disposal System, Park-
ing System, Water' System, Housing
Assistance Program, Community De-
velopment Program and Dubuque
Metropolitan Solid Waste Agency, pre-
sented and read.
Conncil Member Tully moved tbat tbe
communication be received and filed.
Seconded by Council Member Brady.
Carried by tbe following vote:
Yeas-Mayor Wertzberger,' Council
Memhers Brady, Farrell, King, Tully.
Nays-None.
MiNUTES SUBMITTEDnHuman
Rights Commission of 9-19-79, Transit
Trustee Authority of 9-13: Housing
Rehab. Commission of 9-25: Park Board
of 9-14: Ambulance Study Task Force of
10-11 & 10-26: Airport Commission of
10-11 & 10-23: Housing Commission of
10-17: Community Development Com-
mission of 10-9: Housing Code Advisory
& Appeals Board of 10-10: Dock Com-
mission of 7-26, 9-4 & 10-10: Board of
Zoning Adjustment of 8-30 & 9-20:
Historic Preservation Commission of 10-
16: Planning & Zoning Commission of
10-25: Dubuque Five Flags Center of
10-8 and Dubuque Cable TV Com-
mission of 10-2, presented and read.
Council Member Tully moved that tbe
minutes be received and filed. Se-
conded by Conncil Member Farrell.
Carried by the foliowing vote:
Yeas-Mayor Wert"berger, Councli
Members Brady, Farrell, King, Tully.
Nays-None.
Communications of Corporatioß Coun-
sel recommending DENIALS of: Per-
sonal injury claim of Bernadine A.
Sehmid; Car Damage claim of Thomas
W. Gorniek; Personal property damage
claim of Thomas J. Smith and Drainage
ditch claims off 32nd Street submitted
by W. J. OhnesQrge, Donald Rietjens,
Tony Meyer, presented and read.
Council Member Tully moved that tbe
communications be received and filed
and recommendations of denials be
approved. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tnlly.
Nays-None.
October17, 1979
Honorable Mayor and
City Conncil:
Claim for personal injury was filed
against the City of Dubuqne by Mae C.
Rieselman of 1248 Jackson Street, on
September 28, 1979, alleging tbat on
September 11, 1979, sbe sprained bel'
left ankie as the result of stepping into a
bole in tbe street at the east corner of
12th and Jackson Streets while alight-
ing from a city owned bns. Claimant
claims medical expenses incurred in the
amount of $112.00.
This matter was referred to Corpor-
ate Counsel of tbe City who bas made
an investigation of said matter and
claimant has made an offer of settle-
Regular Session, November 5, 1979
483
ment in the amount of $112.00. It is the
recommendation of Corporate Counsel
tbat said offer of settlement be accept-
ed, and that the City Auditor be
directed to draw warrant payable to
Mae C. Rieselman in tbe amount of
$112.00 and transmit same to Corporate
Counsel for delivery upon receipt of
duiy executed Releases.
Original claim is returned herewith.
R. N. Russo
Corporate Counsel
Council Member Tully moved that the
communication be received aod filed
and recommendation of settlement be
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.
NOTICES OF CLAIMS n Isadore
Martin, in an undetermined amount, for
personal injuries received as the result
of a fall on a defective sidewalk at 1889
Central Ave. on August 25, 1979:
Greg H. Nauman, in the amount of
$130.. for car damage incurred as tbe
result of driving into an impression in
the street on Elbow Lane on 9-25-79;
Alan E. Brockhorn (Small Claims Court)
for damage incurred to a motorcycle, in
the amount of $541.35 on 4-23-79:
Notice of Snit of Ann M. Murphy in the
amount of $7500. for personal injuries
received in a fall on the east side of
Alpine Street on 10-26-78; Notice of
Snit of Daniel & Eileen Atchison, in the
amount of $3,050.13, as the result of tbe
City's refusal to compensate them for
the construction of sewer and water
lines installed at 2035 Jansen Street;
Julius Bernal et ux, as parents of James
Bernal of 669 W. 16th St. for personal
injuries sustained by James Bernal in
an undetermined amount, due to the
climbing of a tree and coming in contact
with a bigb power line on 10-11-79,
presented and read.
Council Member Tully moved that tbe
Notices of Claims and Notices of Snits
be referred to tbe Corporate Counsel
for investigation. Seconded by Couocil
Member Farrell. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, eertified to by
the Publisber, of Notice of Loan Availi-
bility IillD Section 312 Rebab. Loan
Program publisbed 10-23-79, presented
and read.
Council Member Tully moved that the
proof of publication be received and
filed. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice to Contractors
involving a variety of renovation and
rehabilitation work on bnildings of all
sizes (published 10-22-79), presented
and read.
Council Member Tully moved that the
proof of publication be received and
filed. Seconded by Council Member
Farrell. Carried by the foliowing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petition of Holy Trinity Churcb re-
questing a refund on the unexpired
portion of Class "B" Beer Permit No.
BB-6478, in the amount of $225.,
presented and read.
Council Member Tully moved tbat tbe
refund be approved and City Auditor
directed to issue proper warrant.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tnlly.
Nays-None.
Communication of City Manager sub-
mitting the montbiy reports of the City
Treasurer and Finance Director for the
montbs of August & September, 1979,
presented and read.
Council Member Tully moved tbat the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuliy.
Nnys-None.
Proof of Publication, certified to by
tbe Publisher, of list of claims, receipts
and disbursements for the month of
September, 1979, presented and read.
Council Member Brady moved that
the proof of publication be received and
filed. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
I Nays-None.
Communication of Kerin Moldenhauer
recommending creating a Neighborbood
Park on Key Way Street side of the
Mall Development as a buffer zone
between mall and existing neigbbor-
hood, presented and read.
Council Member Brady moved that
tbe communication be referred to the
Public Hearing to be held on December
3, 1979 in reference to the IffiW
Associates request for rezooing., Se-
conded by Council Member Farrell.
484
Regular Session, November 5, 1979
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
There being no further business,
Mayor Wertzberger moved to recess
this meeting to 4:15 P.M. on November
6, 1979. . Seconded by Council Member
Tully. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Leo F. Frommelt,
City Clerk
Adopted
Approved
Council Members
ATTEST:
City Clerk
1980
1980
Reconvened Session, Nov. 6, 1979
485
CITY COUNCIL
OFFICIAL
Reconvened Session, November 6,
1979.
Council met at 4:15 P.M. IC.S.T)
Present-Mayor Wertzberger, Coun-
cil Members Farrell, King, Tully. City
Manager W. Kenneth Gearhart.
Absent-Council Member Brady at
RollCall.
Mayor Wertzberger read the call
DIRECTING TO CALL A RECON-
VENED SESSION OF TIlE CITY
COUNCIL of the City of Dubuque,
Iown, to be held on November 6, 1979,
at 4:15 P.M. iu the City Council
Chamber at the City Hall for the
purpose of CONSIDERING A RE-
SOLUTION RELATIVE TO EXER-
CISE OF AN OPTION TO PURCHASE
REAL ESTATE BY THE KLAUER
MANUFACTURING CO.
Communication of Klauer Manufac-
turing Co. submitting formal notice of
their election to exercise option to
purcbase Lots 6, 7, 8 and 9 in Block 1
River Front Sub. No.5 in the City of
Dubuque, Iowa. presented and read.
Council Member Farrell moved tbat
the communication be received and
filed. Seconded by Council Member
Klng. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Farreli, Kiug, Tuily.
Nays-None.
Absent-Council Member Brady.
RESOLUTION NO. 295-79
WHEREAS, the City of Dubuque and
Kiauer Manufacturing Company have
entered into an Option Agreement
concerning real estate described as
follows:
Lots 7, 8 and 9 and Lot 2 of Lot 1,
nll in Block 1 in "River Front Sub-
division No.5" in the City of Dubuque,
Iowa
pursuant to terms of an. Option Agree-
ment dated February 13, 1978, and
authorized on behalf of the City of
Dubuque by Resolution No. 73-78: and
WHEREAS, the City of Dubuque has
granted and extended to Kiauer an
option to purchase Lot 6 in Block 1 in
"River Fcont Subdivision No.5" in the
City of Dubuque, Iowa, in accordance
witb the provisioos and terms of one
certain Option Agreement dated June
2, 1978, and authorized on behalf of the
City of Dubuque by Resolution No.
225-78; and
WHEREAS, the Option Agreement
dated February 13, 1978, was amended
on June 2, 1978 and authorized on
behalf of the City of Dubuque by
Resolution No. 316-78; and
WHEREAS, the City of Dubuque
extended the options referred to above
as set forth in and authorized by
Resolution No. 37-79, and Resolution
No. 38-79: and
WHEREAS, Klauer has given notice
to the City of Dubnque of the exercise
of the options as to Lots 6, 7, 8 and 9
described above, by letter dated Octo-
ber 4, 1979 from Klauer to the City of
Dubuqne: and
WHEREAS, Klauer now desires to
construct on Lots 8 and 9 a building of
not less than 30,000 square feet wbich
building may not constitute a "new
manufacturing building" as required by
the option agreements referred to
above: and
WHEREAS, the City of Dubuque
now desires to permit Kiauer to con-
strue! on Lots 8 and 9 n building of not
less than 30,000 square feet which
building may not constitute a "new
manufacturing building" as required by
the option agreements referred to
above: and
WHEREAS, Klauer desires not to
elee! to exercise at this time its option
to purchase any of the option property
other than Lots 8 and 9: and
WHEREAS, the City of Dubuque
now desires tbat Klauer not exercise at
this time its option to purchase any of
the option property other than Lots 8
and 9: and
WHEREAS, the parties mutually
agree to amend the Option Agreement
to permit constoction of a building of
not less than 30,000 square feet on Lots
8 and 9, such building which may not
constitute a "new manufacturing build-
ing"; and
WHEREAS, said amendment may
constitute a material change in the
original Option Agreement subjee! to
the Code of Iowa, 1979, Section 364.7.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the proposed ameOO-
rrumt to the Option Agreement exist-
ing between the City of Dubuque aOO
Klauer Manufacturing Company be aOO
486
Reconvened Session, Nov. 6, 1979
Special Session, November 13, 1979
487
CITY COUNCIL
to be included in the Resolution re-
ferred to.
the same is hereby approved.
Section 2. That the City Clerk be aOO
he is hereby directed to pubUsh notice
of this ameOOment to the option Agree-
ment existing between the City of
Dubuque aOO Kln.uer Manufacturing
Company.
Passed, approved and adopted this
6tb day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Council Members
OFFicIAL
Special Session, November 13, 1979.
Council met at 4:30 P.M. IC.S.T.I
Present-Mayor Wertzberger, Coun-
cil Members Brady, King, Tully. City
Manager W. Kenneth Gearhart.
Absent-Council Member Farrell.
Mayor Wertzberger read the call and
stated that service thereof had been
duly made and this meeting is called for
tbe purpose of AMENDING A RE-
SOLUTION APPROVING SCHEDULE
OF ASSESSMENTS FOR CITY OF
DUBUQUE 1979 ASPHALT PAVING
PROJECT NO.1 AND ACKNOW-
LEDGING RECEIPT OF AGRI-
CULTURAL LAND TAX APPLICA-
TIONS.
Communication of City Manager re-
commending adoption of an amendment
relative to the adoption of tbe City of
Dubuque 1979 Aspbalt Paving Project
No.1, presented and read.
Conncil Member Tully moved that the
communicntion be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, King, Tully.
Nays-None.
Absent-Council Member Farrell.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Tuily moved to
adopt the Resolution and approve
Amendment to Option Agreement and
direct Clerk to publisb notice of bearing
for November 19, 1979 at 7:30 P.M. in
Council Chambers in City Hall. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-None.
Absent-Council Member Brady.
COUNCIL MEMBER BRADY
ENTERED THE COUNCIL CHAMB-
ERS AT 4:30 P.M.
There being no further bnsiness,
Council Member Farrell moved to ad-
journ. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Leo F. Frommelt,
City Clerk
RESOLUTION NO. 296-79
RESOLUTION. AMENDING RESO-
LUTION NO. 289-79 ADOPTING TIlE
FINAL ASSESSMENT SCHEDULE
FOR TIlE (lTY OF DUBUQUE 1979
ASPHALT PAVING PROJECT NO.1,
BY ADDING TRERETO CERTAIN
INFORMATION REQUIRED BY TIlE
CODE OF IOWA, SPECIFICALLY,
TIlE NUMBER OF ANNUAL IN-
STALLMENTS INTO wmCH AS-
SESSMENTS ARE DIVIDED, TIlE
INTEREST ON ALL UNPAID IN-
STALLMENTS, TIlE TIME WHEN
'I11E ASSESSMENTS ARE PAYABLE
AND DIRECTING TIlE CLERK TO
CER'I1FY TIlE FINAL SCHEDULE
AND TO PUBLISH NOTICE TIlERE-
OF.
Approved
Adopted
1980
11)80
WHEREAS, on November 5, 1979,
tbe City Council of tbe City of Dubuque,
Iowa, passed Resolution No. 289-79,
adopting the final assessment scbedule
for tbe City of Dubuque 1979 Asphalt
Paving Project No.1, a copy of wbicb
Resolutiou is attached hereto: and
Council Members
ATTEST:
City Clerk
WHEREAS, tbe Code of Iowa (1979)
requires certain additional information
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That Resolution No. 289-79 is bereby
amended by adding tbereto tbe
following:
"That afier fuli consideration of the
final schedule of assessments and
accompanying plat sbowing the assess-
ments proposed to be made for tbe
construction of the City of Dubuque
1979 Aspbalt Paving Project No.1 on
the following-named streets:
1. Alpine Street, from tbe N.P.L. of
Dodge Street to tbe S.P.L. of
University Avenue.
2. Burcb Street, from the S.P.L. of
Jilll Street to the N.P.L. of Fenelon
Place.
3. Nevada Street, from tbe N.P.L. of
Dodge Street to tbe S.P.L. of West
Third Street.
4. Ninth Street, from tbe E.P.L. of
Central Avenue to the W.P.L. of
White Street.
5. O'Neill Street, from the W.P.L. of
Burden Avenue to tbe E.P.L. of
Brnnswick Street.
6. Windsor Avenue from the N.P.L. of
Rbomberg Avenue to the W.P.L. of
East 22nd Street.
7. Wood Street, from Loras to Rose-
dale.
under contrart with Tri-State Paving
Company of Dubnque, Iowa, wbich final
plat and schedule was filed in the office
of tbe City Clerk on tbe 31st day of
October, 1979, that said schedule of
assessments be and tbe same is hereby
approved and adopted.
That tbere be, and is hereby assessed
and levied as a special tax against and
upon each of tbe lots, the respective
sums indicated. Provided, further, that
the amounts sbown in said final
schedule of assessments as deficiencies
are found to be proper and are levied
conditionally against tbe respective pro-
perties benefited by tbe improvements
as shown in the schedule, subject to the
provisions of Sertion 384.63, Code of
Iowa, 1979. Said assessments against
said lots are bereby declared to be in
proportion to tbe special benefits con-
ferred and not in excess of 25 % of tbe
value of same.
Said assessments sballbe payable at
the Office of the County Treasurer of
Dubuque County, Iowa, and the same
may be paid tbere or at the office of tbe
City Treasurer of tbe City of Dubuque,
in full or in part and without interest
within tbirty days afier the date of the
488
Special Session, November 13, 1979
certification of the plat and schedule of
assessments to the County Auditor of
Dubuque County, Iowa.
That unpaid assessments of $50.00 or
more shall be payable in ten equal
annual installments and shall bear
interest at tbe rate of 7 % per annum
from the date of the acceptance of the
improvements: the first installment of
each assessment, or total amonnt there-
of if it is less than $50.00, with interest
on the whole assessment from the date
of acceptance of the work by the
Councll, shall become due and payable
on July I, 1980; succeeding annual
installments, with interest on the whole
unpaid amonnt, sball respectively be-
come due on July 1st annually there-
after, and shall be paid at the same time
and in the same manner as the Sep-
tember semi-annual payment of or-
dinary taxes.
That the City Clerk be and he is
hereby directed to certify said final plat
and schedule to the County Auditor of
Dubuque County, Iowa, and to publish
notice of said certification once eacb
week for two consecutive weeks in the
manner provided in Section 362.3, the
first publication of which shall be not
more than fifteen days from the date of
filing of the final schedule. The City
Clerk sball also send by certified mail to
property owners whose property is
subject to assessment a copy of said
notice, and mailing to be on or before
the date of the second publication of tbe
notice, all as provided and directed by
Section 384.60 of the Code of Iowa,
1979.
Passed, adopted and approved, this
13th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Council Members
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Memhers Brady, King, Tully.
Nays-None.
Ahsent-Council Member Farrell.
There being no further husiness,
Council Member Tully moved to ad-
journ. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, King, Tully.
Nays-None.
Absent-Council Member Farrell.
Leo F. Frommelt
City Clerk
Approved
Adopted
1980
1980
ATTEST;
Council Members
City Clerk
ATTEST:
Leo F. Frommelt,
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Conncil Member Brady. Carried by tbe
following vote;
Yeas-Mayor Wertzberger, Councll
Members Brady, King, Tully.
Nays-None.
Absent-Council Member Farrell.
Applications received by the City
Clerk for agricultural Land Tax Credit
were presented to the Council for
review. Council Member 'fully moved
that the applications be received and
filed and referred to the Clty Manager
and Corporation Counsel for recom-
mendation and report. Seconded by .
Special Session, November 19, 1979
CITY COUNCIL
489
OFFICIAL
Speciai Session, November 19, 1979.
Council met at 7:30 P.M. (C.B.T.)
Present-Mayor Wertzberger, Coun-
cil Members Brady, Farrell, King,
Tully. City Manager W. Kenneth
Gearhart.
Mayor Wertzberger read the cali and
stated that service thereof had heen
duly mnde and this meeting is called for
the purpose of ADOPTING A RE-
SOLUTION AUTHORIZING THE
ISSUANCE OF $1,425,000.00 IN AG-
GREGATE PRINCIPAL AMOUNT OF
THE CITY OF DUBUQUE, IOWA,
MEDICAL CLINIC REVENtÆ BONDS
SERIES 1979 (DUBUQUE MEDICAL
ARTS BUILDING PROJECT) and act-
ing upon such other business as may
properly come before a Regular Meet-
ing ofthe Council.
Proclamation proclaiming November
19 - 23, 1979 as "Distribution Education
Week" was read and so proclaimed by
Mayor Wertzberger.
RESOLUTION NO. 297-79
Resolution Authorizing the Issuance of
$1,425,000 in Aggregate Principal
Amonnt of the City of Dubuque, Iowa,
Medical ('1inic Revenue Bonds (Dubu-
que Medical Arts Building Project)
Series 1979, with the proceeds from the
sale of tbe Bonds to he loaned to
Dubuque Medieal Arts Building, a
general partnership, lor the purpose 01
defraying the cost 01 acquiring, ron-
structing, improving and equipping a
Medical Clinic facility located witlún the
City of Dubuqne, -Iowa: the execntion
and delivery olanlndenture 01 Trust to
secure said Bonds: the execntion and
delivery of a CoUateral Real Estate
Mortgage: the execution and delivery of
a loan agreement hetween tbe City and
Dubuque Medical Arts Building: the
assignment by the city to the Trustee of
the rights and interest of the city in and
to said Collateral Real Estate Mortgage
and said Loan Agreement: the sale of
said bonds: appointment of a Trustee:
and related matters.
WHEREAS, the City of Dubuqoe,
Iowa (the "City") proposes to issne its
Medical Clinic Revenue Bonds IDu-
buque Medical Arts Buliding Project)
Series 1979, in tbe aggregate principal
amount of $1,425,000 (the "Bonds") with
the proceeds from the sale of tbe Bonds
to be loaned by the City to Dubuque
Medical Arts Building, a general part-
nership (the "Company"), for the pur-
pose of defraying the cost of the
acquisition, construction, improving and
equipping of a medical clinic facility to
be located within the City of Dubuque,
Iowa, consisting of the construction of a
new building and the acquisition and
installation of equipment therein, all on
land leased from The Finley Hospital
(the "Pcoject"), the Project to he owned
by Company, with the financing of the
Project to be nndertaken in accordance
with the provisions of Chapter 419 of
the Code of Iowa (the "Act"): and
WHEREAS, the proceeds from the
sale of the Bonds are to be loaned by
the City to the Company pnrsuant to
provisions of a Loan Agreement Ithe
"Loan Agreement") dated as of No-
vember 1, 1979, between the City and
the Company: and
WHEREAS, as security for payment
of the Bonds, The Finley Hospital (the
"Hospital") has agreed to execute a
Collateral Real Estate Mortgage (the
"Mortgage") dated as of November 1,
1979, between the Hospital (as the
mortgagor) and the City las the mort-
gagee) thereunder Iwhich Mortgage has
been joined in and consented to by the
Company), pursuant to which the
Hospital grants and conveys to the City
a first mortgage lien in tbe Project Site
and all improvements thereon; and
WHEREAS, the rights and interest
of tbe City in and to the Mertgage and
the Loan Agreement will be assiß1led by
the City to the Trustee pursuant to tbe
Indeoture; and
WHEREAS, pursuant to published
notice of intention this City Council has
conducted a public hearing, as required
by Section 419.9 of the Act, and this
City Council has deemed it to be in the
best interests of the City that the Bonds
be issued as proposed; and
WHEREAS, the City has arranged for
the sale of the Bonds to American Trust
and Savings Bank, Dubuque, Iowa:
Cascade State Bank, Cascade, Iowa:
Dnbuque Bank & Trust Company,
Dubuqne, Iowa (which Bank is purchas-
ing tbeir portion of the Bonds as
Trustee of the Alois M. Hoffman Trust,
dated Augnst 31, 1971 and tbe Mable
Hoffman Trust, dated January 12,
1976); Key City Bank and Trust Com-
pany, Dobuque, Iowa: The First Na-
tional Bank of Dubuque, Dnhuque,
Iowa: and Dr. James P. Sebmitz,
Dubuque, Iowa Ithe "Original Pur-
chasers"); and
490
Special Session, November 19, 1979
WHEREAS, tbere has been present-
ed to tbis meeting the following docu-
ments, which tbe City proposes to enter
into:
1. The form of Loan Agreement, be-
tween tbe City and Company: and
2. The form of Indenture of Trust
dated as of November 1, 1979 (the
"Indenture"), between the City and
The First Natiooal Bank of Dubu-
que, as Trustee tbereunder (the
"Trustee") setting fortb the terms of
tbe Bonds and the conditions and
security for payment of tbe Boods:
and
3. The form of Bond Purcbase Agree-
ments dated November 19, 1979
Itbe "Bond Purcbase Agreements"),
between American Trust and
Savings Bank, Dubuque, Iowa: Cas-
cade State Bank,. Cascade, Iowa:
Dubuque Bank & Trust Company,
Dubuque, Iowa: Key City Bank and
Trust Company, Dubuque, Iowa:
The First National Bank of
Dubuque, Dnbuque, Iowa: and Dr.
James P. Schnùtz, Dubuque, Iowa
and the City relating to tbe is-
suance, sale and purcbase of the
Bonds: and
4. The form of tbe Mortgage and the
Assignment tbereof: and
5. The form of an Inducement and In-
demnity Letter dated November 19,
1979 (tbe "Inducement-Indemoity
Letter") between Company and the
City: and
6. The form of the Bonds, as set forth
in tbe Indenture.
WHEREAS, it appears that eacb of
tbe instruments above referred to,
wbicb are now before eacb Òf the
Council Members of the City Conncil, is
in appropriate form and is an appro-
priate instrument for the purposes
intended:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA, AS
FOLLOWS:
Section 1. Tlwt the City defray the
cost of acquiring, cowtrw:ting, improv-
ing aOO equipping a medical clinic
fadlity located with the Oity of Dubu-
([UÆ, Iowa, cowisting of the con-
strue,i<m of. a new building, aOO
acquisition aOO installati<m of new
equipment, all on In.OO leased from the
Firùey Hospital (the "Project") by
issuing the Bonde ami loœning the
proceeds of the sale of the Bonde to
Compo:ny.
Section 2. That in order to defray the
cost of the Project, the issuœnce of the
Bonde in the oggregate principol
amonnt of $1,425,000 maturing on such
<kLtes, in such amonnts aOO bearing
rates of interest as set forth in the
Indenture, in substantially the form aOO
content set forth in the lOOenture now
before this meeting, subject to
appropriate inserti<m aOO revision ,n
order to comply with provisiow of the
Indenture, be and the same hereby are
in all respects authorized, approved aOO
confirmed, aOO the form aOO content of
the Bonde set forth ,n the Indenture
now before this meeting be aOO the
same hereby are in all respects author-
ized, approved and confirmed, aOO the
Mayor aOO the Oity Cleric be aOO they
hereby are o:uthorized, empoW€Ted aOO
directed to execute, whether by manwd
or fw:simile signatures, impress the
official seal of the City (of caWle to have
printed a facsimile thereof) thereon aOO
deliver for ami on behalf of the City the
Bonde to the Trwitee for authentica-
tion aOO the Trwitee is hereby autluJr-
ized aOO directed to authenticate the
Bonde, aOO the provisiow of the IOOen-
ture with respect to the Bonde (includ-
,ng witluJut limitati<m the maturity
<kLtes, rates of interest awl redemp-
tion provisiow ) be ami the same hereby
are authorized, approved aOO confirmed
aOO are incorporated herein by
reference.
Section 3. That the City loan to
Company the proceeds from the sale of
the Bonde pursuant to the Loœn Agree-
ment, which provides for repayment by
Company of such loœn In œn amount
equal to principol of ami premium, if
œny, aOO ,nterest on the Bonde when
and as due, ami the form aOO content of
the Loœn Agreement, the provisions of
which are incorporated herein by
Reference, be aOO the same hereby are
in all respects authorized, approved aOO
confirmed ami the Mayor aOO the Oity
Cleric be ami they hereby are authoriz-
ed, empowered aOO directed to execute,
attest, seal aOO deliver the Loan
Agreement prior to or simmtaneoWlly
with the issui1nce of the Bonde for aOO
on belwlf of the City, including neces-
sary counterparts in substantWlly the
form ami content now before this
meeting but with such chœnges, modif-
catWns, aM.itiow or deletiow therein
as slwll to them seem necessary,
desirable or appropriate, their exe-
cution thereof to constitute conclWlive
evidence of their approval of œny aOO all
cluJnges, nwdificatWns, aM.itWns or
deletions therein from the form aOO
content of the Loan Agreement now
before this meeting, aOO that from aOO
after the execution aOO delivery of the
Loœn Agreement, the Mayor aOO the
City Cleric are hereby authorized,
Special Session, November 19, 1979
491
empowered aOO directed to <kL all such
acts and things aOO to execute all such
<kLcuments as may be necessary to carry
out aOO comply with the provisiow of
the Loan Agreement as executed.
Sectioo 4. That the First Natiarwl
B=k of Dubuque, with its principol
office in the City of Dubuque, Iowa, is
hereby appointed Trwitee uOOer the
lOOenture ami the form aOO content of
the Indenture, the vrovisions of which
are incorporated herein by reference,
aOO the assignment of the City's rights
and interest in and to the Loan
Agreement I with certain exceptiow as
stated in the Indenture) be aOO the
same hereby are in all respects autluJr-
ized, approved aOO confirmed, aOO the
Mayor aOO the City Cleric be aOO they
hereby are authorized, empowered aOO
directed to execute, attest, seal aOO
deliver the Identure for aOO on belwlf of
the City to the Trwitee for the security
of the Bonde aOO the interest thereon,
including necessary counterparts in
substantially the form aOO content now
before this meet,ng but with such
changes, nwdificatiow, aM.itWns aOO
deletiow therein as shall to them seem
necessary, des,,'able or 'ùppropriate,
their execution thereof to cowtitute
conclusive evidence of their approval of
any aOO all changes, modificatiow,
aM.itiow or deletiow therein from the
form and content of the IOOenture now
before this meet,ng, aOO that from aOO
after the execution aOO delivery of the
IOOenture, the Mayor aOO the City
Cleric are hereby authorized, em-
powered, aOO directed to do all such
a£ts and things aOO to execute all such
documents as may be necessary to carry
out aOO comply with the provisiow of
the Indenture, as executed.
Section 5. Tlwt the form aOO content of
the Mortgoge cowtitutlng a conveyance
aOO grant by The Firùey Hospital to the
City of a first mortgage in aOO to the
property subject to the Mortgoge ami
described therein (which Mortgoge /uu¡
been joined in aOO consented to by the
Compony), aOO the assignment to the
1'rastee of the City's rights aOO interest
in ami to the Mortgage, pursunnt to the
Indenture, be aOO the same hereby are
In all respects authorized, approved aOO
confirmed, aOO the Mayor ami the City
Cleric be and they hereby are autluJr-
ized, empowered aOO directed to
execute, attest, seal ami deliver the
Mortgage ami the Assignment for aOO
on belwlf of the City, as rrwrtgagee
thereunder, "lClud,ng necessary
counterparts, in substantially the form
aOO content now before this meetin9
but with such changes, additiow,
modificatiow aOO deletions therein as
shall to them seem necessary, desirable
or appropriate, their execution thereof
to cowtitute conclusive evidence of
their approval of any ami all changes,
nwdificatWns, additiow or deletiow
therein from the form aOO content of
the Mortgoge aOO Assignment now
before this meeting aOO that from aOO
after the execution aOO delivery of the
Mortgage and Assignment, the Mayor
aOO City Cleric are hereby authorized,
empowered aOO directed to do all such
acts aOO things aOO to execute all such
documents as may be necessary to carry
out aOO ccimply with the provisiow of
the Mortgoge aOO Assignment as
executed, and the provisiow of the
Mortgoge ami Assignment are hereby
incorporated herein by reference.
Section 6. That the sale of the Bonde
to the Origirwl Purchasers at the
purc/uu¡e price of 100"/0 of the par value
thereof plus accrued interest from
November 1, 1979, to the <kLte of
delivery, subject to the terms aOO
conditiow set forth in the Bami Pur-
chase Agreements, is hereby authoriz-
ed, approved aOO confirmed, aOO that
the form and content of the Bami
Purchase Agreements be aOO the same
hereby are, authorized, approved aOO
confirmed and the Mayor be, aOO he
hereby is authorized, empoW€Ted aOO
directed to execute aOO deliver to
Origirwl Purchasers the Borui Parc/uu¡e
Agreements for and on belwlf of the
City, including necessary counterparts
in the form and content now before this
meeting, and that from aOO after the
execution aOO delivery of the Bami
Purc/uu¡e Agreements, the Mayor aOO
the City Cleric are hereby authorized,
empowered aOO directed to do all such
acts aOO thIngs aOO to execute all such
documents as may be necessary to carry
out aOO comply with the provisiow of
the Bami Purc/uu¡e Agreements as
executed.
Section 7. That the form aOO content
of the IOOucement-IOOemnity Letter be
aOO the same hereby are authorized,
approved and confirmed aOO the Mayor
be, aOO he hereby is, authorized,
empowered ami directed to w:cept the
lOOucement-lOOemnity Letter for aOO
on belwlf of the City by execution
thereof, including necessary counter-
parts in the form aOO content now
before this meeting, aOO tluJt from aOO
after the executi<m ami delivery of the
IOOucement-IOOemnity Letter, the
Mayor ami the Oity Cleric are hereby
authorized, empowered aOO directed to
do all such acts ami thIngs ami to
execute all such documents as may be
rlCcessary to carry out aOO comply with
the provisiow of the IOOucement-In-
492
Special Session, November 19, 1979
demnity Letter as executed.
Section 8. Thnt the Mayor ami the I
City Clerk of the Oity be aOO they
hereby are authorized to execute aOO
deliver for aOO on behalf of the City any'
aOO all additimwJ. certificates, docu-
ments, opinions or other papers aOO
perform oll other acts (including with-
om Umitation the filing of any fimncing
statements or any other documents to
create aOO rrwintain a security interest
on the properties aOO revenues pledged
or assigned under the IOOenture, the
Loon Agreement aOO the Mortgage aOO
the execution of oll closing documents
I1B may be required by Messrs. Ahlers,
Cooney, Dorweiter, HaynÌÆJ & Smith, I1B
Borui Counse, aOO the acceptance of
any documentation evidencing "utem-
nification of the City by Company in
connection with the transactions con-
tempwted hereby) as they may deem
necessary or appropriate in order to
implement ami carry out the intent aOO
pury¡oses of this Resolution.
Section 9. That the City hereby
elects to have the provisions I1B to the
exempt smn11 issue limitation of
$10,000,000 under Section 103 (b) (6)
(D) of the Internal Revenue Code of
1954, as ameOOed, apply to the Bonde,
and the Mayor or the Clerk is hereby
directed to file or coWIe to be filed on
appropriate statement rewting to such
election with the Internal Revenue
Service.
Section 10. Thnt the Loon Agree-
ment requires Company in each year to
pay œrlWUnts I1B Loan Payments suf-
¡re¡em to pay the principal of aOO
premium, if ony, ami interest on the
Bands when aOO I1B due, ami the
payment of such amounts by Company
to the Trustee pur=t to the Loon
Agreement is hereby ontlwrized, ap-
proved ami confirmed.
Section 11. Thnt the Bands are Umit-
ed obUgati<ms of the City, payable
solely out of the Loon Payments re-
quired to be pald by Company pursoont
to ami in accordonce with provisions of
the Loan Agreement ami as provided in
the IOOenture, ami a:re secured pur-
=t to aOO in accordance with pro-
visions of the Mortgage, the Assign-
ment aOO the Indenture. The Bonds
ami interest thereon shall never con-
stitute an indebtedness of the Oity,
within the meaning of any state con-
stitutional provision or statutory limita-
tion, aOO shall not give rise to a
pecwnÛLry liabiUty of the Oity or a
cherge against its general credit or
toxing powers.
Section 12. Thnt the provisi<ms of
this Resolution are hereby to be separ-
abte aOO if ony section, phrase or pro-
vision slwll for any rel1Bon be decwred
to be invalid, such decwratirm sholl not
affect the validity of the rerrwinder of
the sections, phrases or provisions.
Section 13. AU Resolutions aOO
Orders or parts thereof, in conflict
herewith are, to the extent of such
conflict, hereby repealed ami this
Resolution slwll be in full force aOO
effect immedÛLtely upon its adoption
Adopted and approved this 19th day
of November, 1979.
City of Dubuque, Iowa
Richard Wertzberger,
Mayor
ATTEST:
Leo F. Frommelt.
City Clerk
Council Member Tully moved adop-
tioo of tbe Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Farrell moved to
suspend the rules to let anyone present
address tbe Council if they so desire.
Seconded by Councll Member Tully.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Attorney Gary Norby expressed
"Thanks and Appreciation" to the City,
on behalf of the Doctors of the Clinic,
for action taken.
Proof of Publication, certified to by
tbe Publisber, of Notice of Hearing to
consider adoption of revision and adop-
tion of tbe 1979 Edition of the Uniform
Fire Code, Revising and re-establisbing
a Bnilding Code for the City and provid-
ing for the installation of Automatic
Sprinkler System, presented and read.
Council Member Tully moved that tbe
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.
OIIDINANCE NO. 69-79
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, AMENDING
CHAPTER 14 OF TIlE CODE OF
ORDINANCES BY REPEALING SEC-
TION 14-1, SE("TION 14-3, AND SEC-
TION 14-5 AND ENA("TING A NEW
SE(,'TION 14-1 AND SE(,'TION 14-3 IN
LIEU THEREOF TO PROVIDE THAT
TIlE CITY COUNCIL REVISE AND
ADOPT TIlE 1979 EDiTION OF TIlE
UNIFORM FIRE CODE PRESCRIB-
ING REGULATIONS GOVERNING
Special Session, November 19, 1979
493
CONDITIONS HAZARDOUS TO LiFE
AND PROPERTY FROM FIRE AND
EXPLOSION,
presented and read.
Council Member Tully moved that tbe
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, 'fully.
Nays-None.
Conncil Member Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting wben final action is
taken, be dispensed witb. Seconded by
Council Member ~'arrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
OIIDINANCE NO. 69-79
AN OIIDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, AMENDING
CHAPTER 14 OF TIlE CODE OF
ORDINANCES BY REPEALING SEC-
TION 14-1, SE("TION 14-3, AND SEC-
TION 14-5 AND ENA("TING A NEW
SECTION 14-1 AND SECTION 14-3 IN
LIEU THEREOF TO PROVIDE THAT
TIlE CITY COUNCIL REVISE AND
ADOPT TIlE 1979 EDmON OF TIlE
UNIFORM FIRE CODE PRESCRIB-
ING REGULATIONS GOVERNING
CONDITIONS HAZARDOUS TO LiFE
AND PROPERTY FROM FIRE AND
EXPLOSION.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
TIlE CITY OF DUBUQUE, IOWA:
Section 1. Thnt Section 14-1 of the
Code of Ordinances of the Oity of
Dubuque, Iowa. be ameOOed by repeal-
ing Section 14-1 aOO emLCting a new
Section 14-1 in lieu thereof as follows:
"Section 14-1 - Uniform Fire Code
Adopted
Except I1B hereimfter added to, de-
leted, modified or amended, there is
hereby adopted by the City Council for
the purpose of prescribing resolutions
governing coruiitions hazardow; to life
aOO property from fire aOO explosion,
that certain code k:1wwn as the "Uni-
form Fire Code 1979 Edition" including
the several Appendixes I1B prepared aOO
editied by the Western Fire Chiefs
AssocUztion ami interrwtimwJ. Con-
ference of Building officiah of Whittier,
Colifornia, aOO the provisions of such
Uniform Fire Code sholl be controlUng
within the corporate limits of the city.
Section 2. That Section 14-3 aOO Sec-
tion 14-5 of the Code of Ordinances of
the City of Dubuque, Iowa, be ameOOed
by repealing Section 14-3 aOO Section
14-5 aOO emLCtlng a new consolidoted
Section 14-3 in lieu thereof I1B folWws:
Section 14-3 - Uniform Fïre Code -
Amendments
The Code adopted by Section 14-1 of
this Chapter is hereby ameOOed as
provided in this section
Section 2.301 la)is hereby ameOOed
by repealing such section aOO replacing
such section with a new section in lieu
thereof I1BfolWws:
Section 2.301 I a)
The Chief of the bureau of fire pre-
vention sholl have power to modify any
of the provisions of the code adopted by
Section 14-1 of this chapter upon appli-
cation in writing by the owner or lessee,
or his d-uly authorized agent, when
there are practical difficulties in the
way of carrying out the strict letter of
the code, provided that the spirit of the
code sholl be observed, public soJ'ety
secured, aOO substantial jw;tice done.
The porticulars of such modification
when granted or allowed aOO the deci-
sion of the chief of the fire prevention
bureau thereupon shall be entered upon
the recorw of the department aOO a
signed copy sholl be furnished the
applicant.
Section 2.302 Board ó! Appeals, is
hereby ameOOed by repealing sub-
section aOO replacing such section with
a new section In lieu thereofl1B folWws:
Section 2.302 Appeals
Whenever the chief of the fire depart-
ment sholl disapprove an appUcation or
refuse to grant a permit applied for, or
when it is claimed that the provisions of
the code adopted by Section 14-1 of this
chapter do rwt apply or that the true
intent aOO meaning of the code have
been misconstrued or wrongly inter-
preted, that applicant may appeal from
the decision of the chief of the fire
depa:rtment to the city council within
ten (10) doys from the dote of the
decision appealed. Su£h appeal to the
city council shall be mode in writIng
setting forth the decision appeahd from
the grounds for such appeal.
Appendix V, Sample Adopting Ordi-
nance, is hereby a1'l'W1u.led by repealing
aOO deleting such Appendix.
Section 3. Ordinance Repealed. The
Urdform Fire Code of the City of
Dubuque, Iowa, estabUshed by Ordi-
n<t¡¡£e No. 4-75, aOO oll amendments
thereto be ami the same are hereby
expressly repealed.
Section 4. Savings CleWle. If any
section, provision, or part of this Ordi-
=e shall be aJijadged to be invalid or
unconstitutimwJ., such adjw1ication shall
not affect the validity of the Ordimnce
I1B a whole; or any section, provision or
494
Special Session, November 19, 1979
part thereof not adjwtged invalid or
uncOWItitutimwl.
Section 5. When Effective. This
Ordimnce sholl be in effect otter its
final passage, approval aOO pubUcation
as required by In.w.
Passed, approved and adopted this
19th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Published officially in the Telegraph
Herald Newspaper this 26th day of
November, 1979.
LeoF. Frommelt,
City Clerk
It 11/26
Council Member Tully moved final
adoption of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tully.
Nays-None.
AN ORDINANCE of the City of
Dubuque, Iowa, providing that the
Code of Ordinances, City of Dubuque,
Iowa, be amended by amending Sec-
tions 10-1, 10-2 and 10-3 and enacting
new Sections 10-1, 10-2 and 10-3 in lieu
tbereof pertaining to revision and re-
establishing a Building Code for tbe
City, presented and read.
Lloyd Gudenkauf, President of Dubu-
que Independent Builders, requested
postponement of the Ordinance and
requested Council to table same until
tbey have time to check further con-
cerning certain provisions.
Kenneth Lange objected to the Fee
Structure contained witbin the Ordi-
nance.
Council Member Tully moved tbat the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
AN ORDINANCE of tbe City of
Dubuque, Iowa, providing thnt tbe
Code of Ordinances, City of Dubaque,
Iowa, be amended by eoacting a new
Article IV to Chapter 14 thereof en-
titled Automatic Sprinkler Protection
System, providing for the installation of
Automatic Sprinkler Systems in Build-
ings or Structures used for manufac-
ture, storáge or sale of combustible
goods or merchandise in excess of 7,000
square feet, garages (public and pri-
vate), basements, hotels and motels,
places of assembly, hospitals and other
buildings for institutional care, schools
and churches, restaurants and bowling
alleJs, hazardous properties, office
buildings and multi-family residences,
and providing for penalty for violation
of the provisions hereof, presented and
read.
City Fire Department Staff, Fire
Chief Dunphy and Fire Marshall
Jochum reviewed proposed Ordinance
with Council: Advised limits are neither
stringent nor relaxing; Limits may
appear tough: Similar Ordinance now in
effect in 2 other cities in Iowa.
Attorney Francis O'Connor, repre-
senting Institutional, Non-Profit, Re-
ligious and Charitable organizations
spoke to the proposed Ordinance and
expressed gratitude for publication of
public hearing on the Ordinance. He
questioned the grandfather clause.
What is going to be grandfathered? -
What is to be in effect in the future?
Advised institutions have installed fire
alarm devices at additional cost and to
now instill a sprinkler system would be
most expensive. Estimated cost are
from $1.00 to $1.50 per square foot:
Loras College bas received estimate in
amt. of $1,000.047.00; Requirements of
this Ordinance could put many institu-
tions out of business: State statute has
not made it retroactive: Of opinion
Council should oot superimpose its
judgment over present statutes: Re-
quest tbey try to stick to Stnte Statute;
Institutional life is tough; Requested to
not force them to close tbeir doors.
11 is far from practical. Requested
Ordinance apply only to all new con-
struction being started and objected to
Ordinance as presented.
Attorney Alfred Hughes, represent-
ing Nativity Church, Mercy Hospital
and Kennedy Manor Health Center,
objected to Ordinance as presented.
Advised if they were required to install
sprinklerSystem,it would also mean the
additional cost for installation of new
Water Service lines plus the estimated
cost of $100,000. for installation of
sprinkler in Nativity Church and
School: Their budget would not be able
to handie the additional cost.
Mr. Gerald Flores of Mercy Health
Center advised all of Mercy buildings
are now fire resistant: Additional cost
for sprinkler would be half a million
dollars. John O'Connell, Insurance
program director for Archdiocese of
Dubuque advised most of their build-
ings, churcbes and schools are fire-
Special Session, November 19, 1979
495
resistant.
Arnold Honkamp, Director of St.
Columbkille's Parish stated they are not
in position for additional costs.
Questioned how much study had been
made into writing this Ordinance.
Their school has 10 to 12 fire escapes
and it now takes 1 minute and 20
seconds to evacute school.
Bob Frommelt for Resurrection
Parish and Frommelt Industries ob-
jected to Ordinance and its require-
ments.
Mel Graves of Finley Hospital stated
all their buildings are fire resistive:
Would cost Finley $200,000. to cover
areas that are not presently protected.
Rev. Funke told of converstaion had
with Automntic Sprinkler Systems of
Americal stating that new construction
would cost $1.00 sq. ft.-Old construction
$1.50 sq. ft. - plus $35.00 per lineal foot
from street of building for water main
plus $35.00 for street repairs. Takes
fire to set off sprinkler system - Smoke
detectors heat detectors and more exits
are more corrective measures.
Dr. Pasquala of Loras College advised
the cost of installation does not include
painting, and escalating water bill.
Dr. Walter Peterson of U of D stated
tbat Durrant group had made a survey
of tbeir property: Steffens Hall is now
closed: Renovated entire central cam-
pus: Endorsed grandfatber clause for
the future.
Rev. John O'Connor Wahlert High
Sehool advised costs for Wahlert Higb
School would be in excess of $300,000
and the House would be $200,000. -
Almost impossible to install.
Joe Hebel of Xavier Hospital advised
they had already expended $110,000.
101' fire detectors and Sprinkler System
would cost additional $200,000.
Wartburg College representative
stated it would cost them at least
$150,000. and pleaded Council to delay
passing Ordinance.
Clifford Less of Dubuque Packing Co.
advised tbey meet all U.S.D.A. require-
ments at present time.
Gordie Mills objected to grandfather
clanse in Ordinance: Of opinion eacb
building should be analyzed on its own
merits. Most hospitals and nursing
homes bave smoke and fire detectors.
Sr. Mary Rita of Mt. Carmel advised
they had installed fire protection sys-
tem 3 years ago and spent $125,000. -
11 would cost an additional $200,000. for
sprinkler system and $4,000. for leak-
age insurance.
Mnyor Wertzberger moved that the
Ordinance be referred to City Manager
and Staff for further study. and brought
hack for consideration to Council in
December.
MOTION DIED FOR LACK OF A
SECOND.
Council Member Tully moved that the
Ordinance be referred back to the City
Manager for further work sessions.
Seconded by Council Member Farrell.
Carried by the foliowing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, F'arrell, Tully.
Nays-Council Member King.
Council Member Brady further moved
that the City Manager be directed to
concentrate on applications for new
construction only. Seconded by Mayor
Wertzberger. Carried by the following
vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farreli, Tully.
Nays-Council Member King.
Council recessed at 10:17 P.M.
Reconvened in Regular Session at
10:26 P.M.
Proof of Publication, certified to by
the Publisher, of Notice of Public
Hearing to consider amendment to an
Option Agreement with the Kiauer
Mig. Co. for the purchase of Lots 8 and
9 in Block 1 in River Front Sub. No.5,
presented and read.
Nor written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for tbe
hearing. Council Member Tully moved
tbat 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, King, Tully.
Nays-None.
RESOLUTION NO. 298-79
WHEREAS, Pnrsnant to Resolution
and published notice of time and place
of hearing, published in the Telegrapb-
Herald, a newspaper of general circu-
lation, published on November 9, 1979,
in the City of Dubuque, Iowa, the City
Conncil of the City of Dubuque, Iowa
met on the 19th dny of November, 1979
at 7:30 P.M. o'clock P.M. ICST) in tbe
City Council Chambers in tbe City Hall,
Dubuque, Iowa, to consider tbe pro-
posal to enter into an Amendment to
Option Agreements by and between tbe
City of Dubuque, Iowa, and KLAUER
MANUFACTURING CO. on Lots 6, 7, 8
and 9 in Block 1 in River Front Sub-
division No.5 in the City of Dubuque,
Iowa; and
WHEREAS, tbe City of Dubuque,
Iowa and Kianer Manufacturing Co.
have mutually agreed to amend tbe
option agreement, heretofore entered
into, to permit Kiauer Manufacturing
496
Special Session, November 19, 1979
to, at this time, purchase only Lots 8
and 9 of Block 1 in River Front
Subdivision No.5 and to further permit
the construction of a building of not less
than 30,000 square feet on said Lots 8
and 9, such building which may not
constitute a "New Manufacturing Build-
ing": and
WHEREAS, the City Council of the
City of Dubuque, Iowa, overruled any
and all objections, oral or written, to
the proposal to grant said Amendment
to Option Agreements under the terms
and conditions of said Amendment to
Option Agreements set out therein:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the proposal to enter
into AmeOOment to Option Areements
by ami between the City of Dubuque,
Iowa, and KLAUER MANUFACTIÆ-
ING CO., Dubuque, Iowa, concerning
Lots 6, 7, 8 ami 9 in Block 1 in River
Front Subdivision No.5 in the City of
Dubuque, Iowa, which AmeOOment to
Option Agreements permits the Klauer
Manufacturing Co. to purhcw!e Lots 8
aOO 9 at this time aOO to permit the
construction by Klauer Ma:nufocturing
Co. of a building of not less than 30,000
square feet on saki Lots 8 aOO 9, such
building which may not constitute a
"New Manufacturing Huilding", be aOO
the same is hereby approved under the
trmm; aOO camiitions of saki AmeOO-
ment, copy of which is hereto attoched
aOO mmle a part hereof by reference.
Section 2. That the Mayor aOO the
City Clerk be aOO they are hereby
authorized ami directed to execute saki
AmeOOment to Option Agreements for
and on belwlf of the City of Dubuque,
Iowa.
Section 3. That the Oity Clerk be aOO
he is hereby directed to file a certified
copy of this Resolution in the office of
the Dubuque County Recorder aOO the
office of the City Assessor.
Passed, approved. and adopted this
19th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Council Member Tully moved adop-
tion of tbe Resolution. Seconded by
Conncil Member King. Carried by the
following vote:
Yeas-Mayor Wertzherger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice for Disposal of
Interest in the release of a 10' wide
public utiiity easement affecting Lots 8.
9, 10, 11 of Block 1 and Lot 25 of Block 9
of Clarke Crest Estates. presented and
read.
No written objections were filed and
no oral objectors were present in the
Council Chamber at the time set for the
hearin~. Council Member Tully moved
that the proof of publication lx' received
and filed. Seconded bv Council Member
FarrelL Carried by the followin~ vote:
Yeas-Mayor Wertzberger. Council
Members Brady. Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 299-79
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 November 9, ]979. in
the City of Dubuque, Iowa; the City
Council of the City of Dubuque, Iowa.
met on the 19th day of November, 1979.
at 7:3D o'clock P.M. ICSTI in the CIty
Council Chambers in the City Hall,
Dubuque, Iowa, to consider the vaca
tion and release of a 10' wide easement
granted to the City of Dubuque, Iowa,
relating to and affecting Lots 8, 9, 10
and 11 of Block 1 and Lot 25 of Block 9
of Clarke Crest Estates in the City of
Dubuque, Iowa, all as shown on plat
thereof, flied, May 4, 1979 as Instru-
ment No. 2651-1979 of Dubuque
County, Iowa, records; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, deems it in the
best interests of the public that said
release and vacation be granted and
that said easement be abandoned to tbe
owner:
NOW, THEREFORE, BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. TIw1 the proposal to va-
cate aOO release a 10' wide easement in
Clarice Crest Estates, as hereinabove
set out, aOO the abaruionment of saUl
easement to the owner be aOO the same
is hereby approved.
Section 2. That the Mayor aOO the
Ctiy Clark be aOO they are empowered
to execute any documents necesary in
the releastng of saUl easement.
Section 3. That the City Clerk be aOO
he is hereby directed to file a certified
copy of this Resolution in the office of
the Dubuque County Recorder.
Passed, approved and adopted this
19th day of November, 1979.
Special Session, November 19, 1979
497
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
CityClerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
('",uncil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady. Farrell, King. Tully.
Nays-None.
Communication of City Manager re-
questing concurrence on delaying the
telephone study to cover the FY '80
telephone deficit, the change to be
reflected in a future budget amend-
ment, presented and read.
th~~:~~~::;\:~ ~a;r.~~;v~J~~~ i~:~ I
and request approved. Seconded by
('",uncil Member Brady. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-Council Member Tully.
Communication of City Mnnager in-
dicating action required to adopt a new
Ordinance repealing Ordinance No. 57-
79 in order to correct former designa-
tion of Ordinance designating the
authority to exempt from property
taxation on new industrial construction,
presented and read.
Council Member Tully moved that the
communication be received aod flied.
Seconded by Council Member King.
Carried by the following vote:
Yea-Mayor' Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
OIIDINANCE NO. 70-79
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT TIJF. CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE
AMENDED BY ENACTING A NEW
ARnCLE IV TO ClIAPI'ER 35
TIlEREOF ENTITLED TAX EXEMP-
nON, PROVIDING FOR TIlE
F~ON FROM PROPERTY
TAXAnON TIlE ACruAL VALUE
ADDED TO INDUSTRIAL REAL
ESTATE BY NEW CONSTRUCTION
OF INDUSTRIAL REAL ESTATE
AND ACQUISITION OF OR IM-
PROVEMENT TO MACIDNERY AND
EQUIPMENT ASSESSED AS REAL
ESTATE: AND BY REPEALING
01IDINANCENO.57-79,
presented and read.
Council Member Tully moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that the
rule requiring an Ordinance to be
received and fiied at two meetings prior
to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
OIIDINANCE NO. 70.79
AN ORDINANCE OF TIlE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT TIlE CODE OF ORDINANCES
CITY OF DUBUQUE, IOWA, BE
AMENDED BY ENACTING A NEW
ARTICLE IV TO ClIAPI'ER 35
TIlEREOF ENTITLED TAX EXEMP-
TION, PROVIDING FOR TIlE EX-
EMPTION FROM PROPERTY TAXA-
nON TIlE ACTUAL VALUE ADDED
TO INDUSTRIAL REAL ESTATE BY
NEW CONSTRUCTION OF INDUS-
TRIAL REAL ESTATE AND ACQUI-
SITION OF OR IMPROVEMENT TO
MACIDNERY AND EQUIPMENT AS-
SESSED AS REAL ESTATE: AND BY
REPEALING ORDINANCE NO. 57-79.
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
and the same is hereby ameruled by
enw:ting a new Article IV to Chapter 35
thereof entitled Tax Exemption aOO to
rewl Wi folkYws:
"ARnCLE IV. TAX EXEMPTION.
Sect. 35-23. partial Exemption.
This article does hereby provide for a
partial exemption from property tax-
ation of the actud value added to the
iOOWltrial real estate by the new con-
struction of iOOWltrid real estate aOO
the acquisition of or improvement to
rnn.chinery ami equipment Wisessed Wi
real estate pursuant to Section 427A.l,
subsection (1 ),paragraph e of the 1979
Code of Iowa.
Sec. 35-24. New Construction.
New construction as referred to
herein means new buildings aOO struc-
tures aOO inclndes new buildings aOO
structures which are constructed Wi
additions to existing buildings aOO
structures.
498
Special Session, November 19, 1979
Sec. 35-25. Reconstruction.
New construction does not include
reconstruction of an existing building or
structure which does not constitute
complete repla£ement of an existing
building or structure or refitting of an
exis#ng building or structure, unless
the reconstruction of an existing build-
ing or structure is required due to
economic obsolescence aOO the recon-
struction is necessary to implement
recognized ÙulWltry staruianls for the
manufacturing aOO processing of spe-
cific products aOO the reconstruction is
required for the owner of the building
or structure to continue to competitive-
ly man1ifacture or process those pro-
ducts which determinotion shall receive
prior approval from the City Council of
the Oity upon the recommendation of
the Iowa Development Commission.
Sec. 35-26. New Machinery and
Eqnipment.
The exemption shall also a:¡yply to new
=hinery ami equipment assessed as
real estate pursuont to Section 427A.l,
subsection (1 ),paragraph e of the 1979
~:' ;1.~~i:p.~~ j ~ f:~:::¡t~:;tu:o;.
ment or operating process to maintain
or expaOO the existing operati<m11l
status.
Sec. 35-27. Doration.
The partWl exemption shall be avail-
able until such time as this ordimnce is
repenled by the City Council of the City
of Dubuque, Iowa.
Sec. 35-28. AmonntofExemption.
The actuol value ndded to iOOWltriol
real estate for the reasons specified in
this Article is eligible to receive a
partial exemption from taxation for a
period of five (5) years. 'Actuol value
added' as Wled in this Article means the
actuol value added as of the first of the
year for which the exemption is re-
ceived, except that actuol value added
by improvements to =hinery aOO
equi¡mwnt means the actuol value
as determined by the assessor as of
Januory first of each year for which the
exemption is received. The amount of
actuol value ndded which is eligible to
be exempt from taxation shall be as
foUows:
(a) for the first year, seventy-five
percent.
I b) for the secami year, sixty percent.
(c) For the third year, farly-five
percent.
(d) For the fourth year, thirty per-
cent.
( e ) For the fifth year, fifteen percent.
However, the granting of the exemp-
tion uOOer this section for new con-
struction constituting complete repla£e-
ment of an existing building or struc-
--_._.~
ture shall not result in the assessed
value of the industrial real estate being
reduced below the assessed value of the
IOOWltriol real estate before the start of
the new construction ndded.
Sec. 35-30. Application.
An application shall be filed for each
project resulting in actuol value added
for which an exemption is claimed.
The application for exemption shall be
filed by the owner of the property with
the local assessor by February first of
the assessment year in which the val",e
ndded is first assessed for taxation.
Applications for exemption shall be
rn.ade on forms prescribed by the
director of revenue aOO shall contoin
inforrootion pertaining to the mture of
the improvement, its cost aOO other
inforrootion deemed necessary by the
director ofrevenue.
A person may submit a proposal to
the Oity Council of the City to receive
prior approval for eligibility for a tax
exemption on new construction. The
City Counci" by ordtwnce, may give its
prior approval of a tax exemption for
new construction if the new construc-
tion is in conformance with the zoning
plans for theOity. The prior approval
shall also be subject to the hearing
requirements of this Article. Such prior
approval s/wJ1 not entitle the owner to
exemption from taxation until the new
construction has been completed aOO
fouOO to be quolified real estate.
However, if the tax exemption for new
construction is not approved, the person
may submit an amended proposal to the
City Council to approve or reject.
Sec. 35-31. Repeal.
When in the opinion of the Oity
Council continuotion of the exemption
granted in this Article ceases to be of
benefit to the Oity, the City Cou.ncil
may repeal this ordtwnce, but all
existing exemptions s/wJ1 continue until
their expiration.
Sec. 35-32. Limitation on Tax Ex-
emptions.
A property tax exemption under this
Article shall not be granted if the
property for which the exemption is
claimed has received any other property
tax exemption authorized by law."
Section 2. The public hearing on the
Ordinance was held on the 17th dny of
September, 1979, in accordnnce with
Section 362.3 of the Code of Iowa.
Section. 3. Thet Ordimnce No. 57-79
entitled "Tax Exemption" be aOO the
same is hereby repenled.
Passed, approved and adopted tbis
19tb day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
Special Session, November 19, 1979
499
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Published officially in the Telegraph
Herald Newspaper this 26th day of
November, 1979.
Leo F. Frommelt,
City Clerk
it 11/26
Council Member Tully moved final
adoption of the Ordinance. Seconded by
Conncil Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, r'arrell, King, Tully.
Nays-None.
RESOLUflON NO. 300-79
Authorizing Publication of Notice of
Environmental Review Findings for
Certain Community Development Block
Grant Projects
WHEREAS. tbe City of Dubuque has
entered into Grant Agreement B.79-
MC-19-0004 with the U.S. Department
of Housing and Urban Development,
providing for financial assistance to the
City under Title I of tbe Housing and
Community Development Act of 1974;
and
WHEREAS, pursuant to the rules
and regulations as promulgated by the
U.S. Department of Housing and Urban
Development, an environmental review
has been processed for the project
hereinafter to be described to be
financed with Community Development
Block Grant Fnnds; and
WHEREAS, after due consideration a
deterllÙnation has been made tbat tbe
project is not a major Federal action
significantly affecting the qunlity of the
buman environment: now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU.
QUE, IOWA:
Section 1. That the Oity Clerk be aOO
he is hereby a:uthorized aOO directed to
publish a Notice of FiOOing of No
Significant Effect on the Environment
for the foUowing identified project, aOO
to mnke the Environmental Review
Record for said project available for
public inspection. Such notice shall be
in the form of Exhibit "A" attached
hereto aOO mede a part hereof
Sberidan Village Housing Project
Section 2. That the City of Dubuque
hereby declares its intent to adopt a
resolution at its meeting of December
17, 1979, authorizing the submission of
a re([UÆst to the u.S. Department of
HoWling and Community Development
to undertake the project.
Passed, approved and adopted this
19th day of November, 1979.
Richard Wertzberger,
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
EXlDBIT "A"
PUBLIC NOTICE
Pursuant to the environmental pro.
cedures for the Community Develop-
ment Block Grant Program, the City of
Dubuque has prepared a Notice of
Finding of No Significant Effect on tbe
Environment for the Project identified
as follows to be undertaken under Title
I of tbe Housing and Community
Development Act of 1974.
Sheridan Village Housing Project
The City of Dubuque has found that
this Project has no significant effect on
the environment based on tbe following
facts and reasons:
1. Assessment of the nature, magni-
tude, and dUJ'ation of any adverse
and positive impacts.
2. Consideration of alternatives to the
Projert, conmútment of resources,
known views of local groups,
measures wbicb can be instituted to
lessen potential adverse impacts and
to enhance the environment.
3. No loss of unique environmental
resources.
4. No irreversible development trends.
5. A minimum occurence of adverse
effects that cannot be avoided; and
6. No impacts on properties possessing
historical, archaeological, architec-
tural or cultural significance.
The City of Dubuque has made an
Environmental Review Record for this
Project, and has placed this record on
file in the office of the City Clerk in City
Hall, 13th and Central Streets, Dubu-
que, Iowa. This environmental record
is avallable for examination and may be
copied between 8:00 AM and 5:00 PM
daily except Saturdays, Sundays and
holidays.
No further environmental review of
the Project is proposed to be conducted,
and the City of Dnbuque intends to
request the U.S. Department of Hous-
500
Special Session, November 19, 1979
ing and Urban Development to release
funds autborized by the Housing and
Community Development Act of 1974
for the Pcoject.
Comments may be submitted to the
City of Dubuque until 12:00 Noon,
Wednesday, December 12, 1979, ad
dressed to Ricbard P. Wertzberger,
Mayor of the City of Dubuque, City
Hall, 13tb and Central Streets, Du-
huque, Iowa 52001.
Dated and published Novemher 20.
1979.
Leo F. Frommelt,
City Clerk
Council Member Farrell moved adop
tion of the Resolution. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger. Couneil
Members Brady, Farrell, lling.
Nays-None.
Abstsin-Council Member Tully.
Petition of Thomas E. Callahan et al
(22 signers) requesting that the present
system of street lighting be maintained
on Marquette Place in its present form
wbile seeking a solution by the Eleetri
cal Department of the lighting problems
on the street, presented and read.
Mr. Callahan of 2608 Marquette
Plaee, spoke to the petition advising the
petition had been signed unanimously
by all residents of the area.
Council Member Tully moved that the
petition be referred to the City Man-
ager for investigation and report and
Mr. Callahan be advised. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Councli
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Merlin Kruser et
us advising of placing a bid of $250. on
Lot 161 Belmont Add. except the Sly 30'
thereof with the County in tbe hope of
receiving title and requesting tbe City
to lift the lien on the property as the
result of demolition ($2,203.49-City),
presented and read.
Mr. Kruser spoke to the communica-
tion and requested that if the lien is not
lifted, to please have the City clean up
the mess that was left.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, lling, Tully.
Nays-None.
Communication of City Manager sub-
mitting a resolution for adoption np-
proving a proposed Bargsining Unit
ameodment and authorizing the Mayor
to sign a stipulation of same relative to
petition submitted by the Operating
Ellh~neers, presented and read.
C'AJuncil Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yea>-Mayor Wertzherger, Council
Memhers Brady, Farrell, lling, Tully.
Nays--.None.
RESOLlYl10N NO. 301-79
Resolution Authorizing the Mayor to
sign the Stipulation of Bargaining Unit
Amendment.
WHEREAS, the Sixty-Fifth General
Assembly adopted the Public Employ-
ment Relations Art, Chapter 20, Code
of Iowa, 1975; and
WHEREAS, the City of Dubuque is a
Public Employer within the meaning of
Section 3 (II, of the Public Employment
I",-lations Ad; and
WllliREAS, the International Union
of Operating .;ngineers, is an Employer
Organization within the meaning of
Section 3 (4), of the Public Employment
Relations Act: and
WHEREAS, the International Union
of Operating Engineers has submitted a
Petition to the Public Employment
Relations Board requesting to bargain
collectively with certain public em-
ployees in the City of Dubuque: and
WHEREAS, the parties have reached
a tentative aboreement as to what
constitutes an appropriate unit for
purposed of collective bargaining within
the meaning of the Public Employment
Relations Act.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
TIlE CITY OF DUBUQUE, IOWA:
That the amendment to the bargaining
unit be approved Imd the mnyor be
authorized to sign the attached Stipula-
tion of Bargaining Unit Amendment.
Passed, adopted and approved this
19th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A Tully, Jr
D. Miehacl lling
James E. Brady
Carolyn Farrell
Council Members
A1'1'EST:
IÆO .'. Frommelt,
City Clerk
501
Special Session, November 19, 1979
.-----
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, lling, Tully.
Nays-None.
State of Iowa
PUBLIC EMPLOYMi,NT
RELATIONS BOARD
STIPU,AnON OF
BARGAINING UNIT
Amendment
Pursuant of a Petition duly filed
under the Public Employment Relations
Act, and subject to the approval of the
Public Employment Relations Board.
the undersigned parties hereby AGREE
AS FOLLOWS:
1. The employer is a public employer
within th" meaning of Section 3 111
of the Public Employment Relations
Act.
2. The employee org:mization is an
employee organization within the
meaning of Section 3 (41 of the
Public Employment Relations Act.
3. The follo"ing constitutes an appro-
priate unit for purposes of collective
bargaining "ithin the meaning of
Section 13 of the Public Employ-
ment Relations Act:
INCLUDED:
Street Department - Aeeount Clerk
I, Account Clerk II
Police Department - Clerk Typist,
Parking Meter Checker, Dispatcher
Public Parking Department - Ramp
Cashier, Head Ramp Cashier
Building Department - Custodian I.
Custodian - II, Inspector I. Clerk
Typist .
Finance Department - Account I
Clerk i, Senior Cashier, Cashiel', I
Clerk
EXCLUJED: ,
All other Positio.ns not re.presented I
by a bargaining unit, all super-
visory and confidential employees, .
and all other employees exeluded I
by Section 4 of the Act.
i
City of Dubuque, Iowa
City Hall, 13th & Central
International Union of
Operating Engineers, Local 758
Elm at 17th St.
Dubuque, Iowa 52001
Ricbard P. Wertzberger,
Mayor
Wavne Welbes,
piesident
C'AJmmunication of Planning Ii: Zoning
commission recommending favorable
consIderation of plat of subdivision of
Lot 1 of Wacker Drive Place subject to
eertain conditions: traffic, modification
of driveway easements, no further
access to Wacker Drive south, apPl'ovai
shall not represent the limit of future
. rip;ht of-way acquisition alonp; Wacker
I Ih'ive, presented and read,
Council Member Farn'll moVl'd that
th'.' eonununicatiou be rec..eived and
flI"d. Second"d by Council Member
llinR. Carried by the follo"ing vote:
Yeas--Mayor Wertzberger, Council
Memhers Farreil, lling, Tully
Nays--Council Member Brad).
RESOLunONNO.302-79
Resolution approving the Plat of the
Subdivision of Lot 1 of "Wacker Drive
I'lace" in the City of Dobuque. Dubuque
County, Iowa.
WHEREAS. there has been filed with
the City Cierk l' plat in which Lot 1 of
"Warker Drive Place" in the City of
Dubuque. Iowa, is piatted as Lot I and
Lot 2. eaeh of the Subdivision of IAJt 1
of "Wacker Drive Plaer" in the Cit\ 01
LhJbuquc, lolVa; and .
wm;m;AS, said Plat hI's been ex-
::mined by the City PlImning and Zoning
Commission on the understanding that
approval of said Plat. includiug parti-
('ulady the configuration and di
mensions of proposed Lot 1 of the
Subdivision of Lot 1 of "Wacker Drive
Place". shali not be construed to rep-
resent the limits of future right-of-way
acquisition along Wacker Drive: and
WHEREAS, smd Plat has been ,'x-
amined by the City Councli and the,v
find that the same ,'onforms to the
.statutes and ordinances relating there-
to: and
\nIEREAS. the City Council com'urs
m the understandings of the City Plan-
ninR and Zoning Commission with re
gard to the representation by said Plat
of the limits of future right-of-way
acquisition along Wacker Drive:
NOW, TllEIŒFORF.. BE IT RE-
SOLVED BY THE: CfTY COUNCiL OF
THE: CITY OF DUBUQUE. IOWA:
Section 1. That the Plat of Lot 1 aOO
Lot 2, each of the Subdivision of Lot 1
of "Wacker Drive" in the City of
Dubuque, Iowa, be aOO the same is
hereby approved and the Mayor aOO
City Clerk are hereby authorized aOO
502
Special Session, November 19, 1979
directed to eruiorse the approval of the
City of Dubuque, Iowa, upon said PilLt
provided that the owner of said pro-
perty sholl execute its written accep-
tance thereto attached, ackTwwledg-
ing ami agreeing:
a) That approval of said PilLt, in-
cluding particuln.rly the configura-
tion ami dÚnensions of proposed
Lot 1 of the Subdivision of Lot 1
of "Wacher Drive Pln.ce", shall rwt
be conshwd to represent the limits
of future right.of-way acquisition
ohmg Wacker Drive.
Section 2. That in the event the
owner sholl fail to execute the Accept-
ance provided in Section 1 hereof with
forty-five 11,5) days after the date of this
Resolution, the provisions hereof sholl
be nol1 aOO void aOO the approval of the
PilLt sholl rwt be effective.
Passed, adopted and approved this
19th day of November, 1979.
Richard Wertzberger
Mayor
Thomas A. Tully, Jr.
D. Michael King
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Acceptance 01
Resolution No. 302-79
We, the undersigned, N. J. Yiannias
and Christine Yiannias having read the
terms and conditions of the foregoing
Iœsolution No. 302-79 and being
familiar with the cooditions thereof,
hereby accept the same and agree to
tbe conditions setforth herein.
Dated at Dubuque, Iowa, tbis 21 day
of November, 1979.
Key City Investment Co.
Nick Yiannias,
President
Christine Yiannias,
Secretary
Council Member Farrell moved adop-
tion of the Iœsolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
Communication of Planuing & Zoning
Commission requesting favorable con-
sideration of approval of final plat of
Sheridan Village Lots I thru 5 with
understanding that Lots 4 and 5 do not
constitute separate building sites, pre-
sented and read.
Council Member Farrell moved that
the communication be received and
filed. Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Member Brady, Farrell, King.
Nays-None.
Abstain-Council Member Tuliy.
RESOLUTION NO. 303-79
Resolution approving the Plat of Lots I
througb 5 of Sberidan Village of the
Subdivision of Lot 1 of I of 2 01 Mineral
Lot 324, Lot 1 of 1 of Miners! Lot 323
and Lot 1 of 1 of 1 of 3 of 1 of tbe
Subdivision 01 Lot 1 of 1 of 1 and Lot 2
of 1 of 1 of Miners! Lot 324 in the City
of Dobuque, Iowa.
WHEREAS, there has been filed with
the City Clerk a plat of Lots I through 5
of Sheridan Village of the Subdivision of
Lot 1 of I of 2 of Mineral Lot 324, Lot 1
of 1 of Mineral Lot 323 and Lot I of 1 of
1 of 3 of 1 of the Subdivision of Lot 1 of
I of 1 and Lot 2 of I of I of Mineral Lot
324 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 hy tbe City Council and they
find the same cooforms to the Statutes
and Ordinances relating thereto:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectioo 1. That the above-described
pilLt be aOO the same is hereby ap-
proved aOO the Mayor aOO City Clerk be
aOO they are hereby authorized aOO
directed to eruiorse the approval of the
Oity of Dubuque, Iowa, upon said pilLt.
Passed, approved and adopted this
19th day of November, A.D. 1979
Richard Wertzberger,
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Conncil Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Wertzberger. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King.
Nays-None.
Abstain-Council Member Tully.
Communication of Planning & Zoning
Special Session, November 19, 1979
503
Commission requesting concurrence of
the rezoning of Clarke College Place
from ID Institutional to R-2 Iœsidential
District Classification least along N.
Grandview, west of Clarke College),
presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council I
Members Brady, Farrell, King, Tully.
Nays-Nooe. '
AN ORDINANCE of the City of
Dubuque, Iowa, providing that the
Code of Ordinances, City of Dubuque,
Iowa, be amended by revising Appendix
A tbereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa", by reclassifying
property located east along North
Grandview west of Clarke College
described as "The Sly portion of Lot I of
Lot 1 of Lot 1 of 'Clarke Coliege Place' ..
from ID Institutiooal District Classific-
ation to R-2 Iœsidential District
Classification, 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
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that the
rule requiring an Ordioance to be
received and filed at two meetings prior
to the meeting when final action is
taken, be dispensed witb. Seconded by
Conncil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None. .
Council Member Tnlly moved tbat a
public bearing be held on the Ordi-
nance on December 17, 1979 at 7:30
o'clock P.M. in tbe Conncil Chamber at
the City Hall and that the City Clerk be
instructed to publisb notice of tbe
hearing in the manner reqnired by law.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tuily.
Nays-None.
Communication of Planning & Zoning
Connnission recommending favorable
consideration of J. M. Cardinal (rear of
479-481 Bluff St.) petition to rezone
property from R-3 Residential to OR-l
Office Residential District Classification
presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas~Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
AN ORDINANCE of the City of
Dubuque, Iowa, providing that tbe
Code of Ordinances, City of Dubuqoe,
Iowa, be amended by revising Appendix
A thereof, also known as the "Zoning
Ordinnnce and Zonin~ Map of the City
of Dubuque, Iowa" by reclassifying
property at 479-481 Bluff Street de-
scribed as "Lot 2 of the Subdivision of
the Nortb 64 ft. 8 in. of City Lot 613"
from R-3 Iœsidential District Classifica-
tion to OR-l Office Residential District
Classification, presented and read.
Council Member Tully moved that tbe
reading just bad be considered the first
reading of the Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Conncil Member Tully moved that the
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting wben final action is
taken be dispensed witb. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nnys-None.
Conncil Member Tully moved tbat a
public hearing be held on tbe Ordinance
on December 17, 1979 at 7:30 o'clock
P.M. in the Council Chamber at tbe
City Hall and that the City Clerk be
instructed to publisb notice of tbe
bearing in the manner required by law.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Commnnication of Planning & Zoning
Commission advising of approval of
wning reclassification of Blackacre
properties (rear of 425-441 bluff St.)
witb tbe approval of an adequate site
pIau, presented and read. Council
Member Tully moved that the com-
mnnication be received and filed.
Seconded by council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Couucil
Members Brady, Farrell, Kiog, Tully.
Nays-None.
AN ORDINANCE of the City of
Dubuque, Iowa, providing that the
Code of Ordinances, City of Dubuque,
Iowa, be amended by revising Appeodix
A tbereof, also known as the "Zoning
Ordinance and Zoning Map of the City
505
Special Session, November 19,1979
Special Session, November 19, 1979
504
Mettel-Link Addition, in the City of
Dubuque, as sbown on the attacbed
plat Exhibit "A": and
WHEREAS, said delivery of deed
dated November 1, 1979, by said
persons to the City of Dubuque, Iowa,
should be accepted;
WHEREAS, said persons have de-
livered a Warranty Deed conveying real
estate to tbe City of Dubuqne, Iowa,
described as: Lot 2 of Lot 1 of Lot 2 and
Lot 2 of Lot 2, all in Block 4 of
Westchester Snbdivision, in the City of
Dubuque, as shown on the attacbed plat
Exhibit "A"; and
WHEREAS, said delivery of deed
dated November 5, 1979, by said
persoos to tbe City of Dubuque, Iowa,
should be accepted;
submitting same to the Iowa De-
partment 01 Transportation.
WHEREAS, tbe Office of the City
Engineer has prepared, in accordance
witb instrnctions from the City
Manager, a tentative Street Construc-
tion Program for the fiscal years 1980,
1981, 1982, 1983 and 1984, and
of Dubuque, Iowa", by reclassifying
property described as "The Wly 151.5'
of the Nly 21'4" of City Lot 612, and Sly I
43'4" of Clty Lot 613" (located to the
rear of 425.441 Bluff St.) from R-3
Residential District Classification to
OR-l Office Residential District Clas.
sification, presented and read.
Council Member Tully moved tbat the
reading just bad be considered the first
reading of tbe Ordinance. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that tbe
rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting wben final action is
taken, be dispensed witb. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that a
pnblic hearing be held on tbe Ordinance
on December 17, 1979 at 7:30 o'clock
P.M. in the Conncil Chamber at the City
Hall and that tbe City Clerk be
instructed to publisb notice of tbe
hearing in tbe manner required by law. I
Seconded by Councll Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Planning & Zoning
Commission approving the Recreation
Department's proposed warming house
at Veterans Park ski area located on W.
32nd Street and recommending con-
currence, presented and read.
Council Member Tully moved that the
commUlucation be received and filed
and recommendation approved. Se-
conded by Councll Member King.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tnlly.
Nays-None.
Communication of City Manager sub-
mitting a resolution adopting the tenta-
tive five year street constnction pro-
gram, presented and read.
Council Member Farrell moved tbat
tbe communication be received and
fùed. Seconded by Council Member
Tully. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. T/w,t the delivery of War-
rœnty Deed by Harry A. Warren aOO
Ethel L. Warren dnled November 1,
1979, conveyin9 to the City of Dubuque,
Iowa, the hereinabove described real
estate be aOO the same is hereby
accepted.
Section 2. That the City Clerk be aOO
he is hereby authorized ami directed to
caWle said Warranty Deed to be record-
ed in the Office of the Dubuque County
Recorder together with certified copy of
this Resolution.
Section 3. That the Oity Clerk be aOO
he is hereby directed to forward a
certified copy of this Resolution to the
Dubuque City Assessor ami the
Dubuque County Auditor.
Passed, adopted, and approved this
19th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn Farrell
Conncil Members
WHEREAS, said constuction program
must be filed with the Iowa Depart-
ment of Transportation by December 1,
1979, for the purpose of allocating Road
Use Taxes to Municipalities; and
WHEREAS, this Council has review-
ed tbe tentative Street Construction
Program as snbmitted.
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. T/w,t the delivery of War-
ranty Deed by: Our Redeemer Luther-
an Church of Dubu([UÆ, Iowa, dated
November 5, 1979, conveying to the
City of Dubuque, Iowa, the herein-
above described real estate be ami the
same is hereby accepted.
Section 2. That the City Clerk be aOO
he is hereby authorized aOO directed to
caWle said Warranty Deed to be record-
ed in the Office of the Dubuque County
Recorder together with certified copy of
this Resolution.
Section 3. That the Oity Clerk be ami
he is hereby directed to forward a
certified copy of this Resolution to the
Dubuque County Assessor ami the
Dubuque County Auditor.
Passed, adopted, and approved tbis
19th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
(Jouncil Members
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of
Dubuque, Iowa:
That the tentative Five Year Street
Constrnction Program for the fiscal
years 1980, 1981, 1982, 1983 and 1984
be and the same is bereby approved and
the City Manager is hereby directed to
forward the required documents to the
Iowa Department of Transportation.
Passed, adopted and approved, tbis
19th day of November, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Council Member Tully moved adop-
tion of tbe Resolution. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication !com Clty Manager
requesting authority to enter into
agreement with (a) Simplex Time Re-
corder Co. for purchase of fire alarm
system equipment for City Hall $4,503
and (b) Higley-Meyer to install sucb
equipment $2,470., presented and read.
Conncil Member Tully moved tbat tbe
communication be received and filed
and request be approved. Seconded by
Council Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Councll
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Corporation Conn-
sel relative to Agricultural Land Tax
Credits stating tbat tbe County Auditor
ATTEST:
Leo F. Frommelt,
City Clerk
Conncil Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City Manager sub-
mitting resolutions for City's acceptance
of Warranty Deed for parcels of land on
J.F.K. Road, presented and read.
Council Member Tully moved tbat the
communication be received and filed.
Seconded by Conncil Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
ATTEST:
Leo F. Frommelt,
City Clerk
Conncil Member Tully moved adop-
tion of the Resolution. Secondedby
Conncil Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLlmONNO.306-79
WHEREAS, the City of Dnbnque,
Iowa, bas acquired tbe real estate bere-
inafter described from Harry A. War-
ren and Etbel L. Warren: and
WHEREAS, said persous bave de-
livered a Warranty Deed conveying real
estate to tbe City of Dubuque, Iowa,
described as:
Lot 2 of Lot 1 of Block 4 in
RESOLlmONNO.305-79
WHEREAS, tbe City of Dubuque,
Iowa bas acquired tbe real estate here-
inafter desccibed from Our Redeemer
Lutheran Chnch of Dubuque, Iowa; and
RESOLlmONNO.304-79
Resolution approving a tentative live
year street oonstruction program. and
506
Special Session, November 19, 1979
Special Session, November 19, 1979
507
is the final word and the Clerk should
be instructed to file with the County
Auditor whatever appliations are on
band, at the time of tbe certification of
tbe annnal budget, presented and read.
Council Member Tully moved that tbe
communication be received and filed.
Seconded by Connell Member Farrell.
Carried by the following vote:
Yeas-Mayor Wcrtzberger, Council
Member Brady, Farrell, King, Tully.
Nays-None.
Communications of Atty. Robert
Bertsch, on behalf of HRW dated
November 6th & 8th, 1979, requesting
vacation of John F. Kennedy Circle,
presented and read.
Council Member Tully moved that the
communications be recessed to a meet-
ing to be beld at 4:00 P.M. on
November 20, 1979, in the Council
Chambers in City Hall. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communications of Micbael W. Pratt
submitting bis resignation from tbe
Community Development and Historic
Preservation Commissions and Stacey
Murdock submittin~ his resignation
from tbe Mnnicipal Airport commission
effective November 1, 1979, presented
and read.
Council Member Tully moved tbat tbe
communications be received and filed
and resignations accepted witb regret.
Seconded by Mayor Wertzberger.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Farrell moved tbat
William Woodward be reappointed to
tbe Dock Board for a 3 year term
expiring 11-26-82. Seconded by Conncil
Member Tully. Carried by the follow-
ing vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved tbat
Elaine Kaufman be reappointed to tbe
Community Development Commission
(representing Rebab. Commission) for a
3 year term expiring 11-8-82. Seconded
by Conncil Member Farrell. Carried by
tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Brady moved tbat
Mary Billington be appointed to the
Community Development Commission
(representing Target Area) for a 3 year
term expiring 11-8-82. Seconded by
Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that
Larry Lenning be appointed to the
Community Development Commission
(representing At-Large) for a 3 year
term expiring 11-8-82. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Tully moved that
Ann Sehroeder be appointed to the
Rehab. Commission (representing Real
Estate) for a 3 year term expiring
9-6-82. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Council Member Farrell moved that
Melita A. Smitb be appointed to the
Rehab. Commission (representing Tar-
get Area) for a 3 year term expiring
10-6-82. Seconded by Council Member
Tully. Carried by the following vote:
Yeas-Mayor Wertzberger, Couocil
Members Brady, Farrell, King, Tully.
Nays-None.
Mayor Wertzberger moved that
Richard A. Wertzberger be appointed
as Liasion Member from Housing Com.
mission to Rehab. Commission. Se-
conded by Councll Member Tully.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Mayor Wertzberger moved that Eric
A. Melson be appointed to the Airport
Commission for an unexpired 6 year
term expiring 9-14-82, replacing Stacey
Murdock. Seconded by Council Member
Tully. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-Council Member Brady.
Mayor Wertzberger moved to concur
witb Housing Commission's request tbat
Doris Hingtgen be appointed Chair-
person and Richard A. Wertzberger be
appointed Vice-Chairperson. Seconded
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
Rev. William E. Wilkie be appointed to
the Historic Preservation Commission
for an unexpired 3 year term expiring
11-8-82, replacing Micbael W. Pratt.
Seconded by Council Member Tully.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays~None.
Council Member Tully moved that
Uoyd Gudenkauf be appointed to tbe
Board of Appeals (Building Code) for an
unexpired 2 year term expiring 12-31-
80. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Wertzberger, Couocil
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of Community Devel-
opment Director submitting a status
report on Street name duplications,
presented and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 307-79
BE IT RESOLVED, By the Clty
Council of tbe City of Dubuque, Iowa,
tbat the following having complied witb
the provisions of law relating to tbe sale
of Cigarettes within the Clty of Dubu-
que, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers witbin
said City.
Marian F. Brade and
James 0 Henkel 2616 Windsor Ave.
Mary Toth 1700 Central
Passed, adopted and approved this
19tb day of November, 1979.
Ricbard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Micbael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Tully. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 308-79
WHEREAS, Applications for Beer
Permits have been submitted and filed
to tbis Council for approval and the
same have been examined and approv-
ed; and
WHEREAS, The premises to be
occupied by such applicants were in-
spected and found to comply with tbe
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, tbat tbe
Manager be authorized to cause to be
issued to tbe following named applicants
a Beer Permit.
CLASS .C"
BEER PERMIT
Hartig Drug Co. 700 Town Clock Plaza
(Also Sunday Sales)
Hartig Drug Company 97 Locust St.
(Also Sunday Sales)
Hartig Drug Company 2255 J.F.K. Rd.
(Also Snnday Sales)
Hartig Drug Company 2225 Central
(Also Sunday Sales)
TFMCo. 1256 Iowa St.
(Also Sunday Sales)
Passed, adopted and approved this
19tb day of November, 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
Conncil Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
RESOLUTION NO. 309-79
WHEREAS, Applications for Liquor
Lieenses have been submitted to this
Council for approval and tbe same have
been examined and approved; and
WHEREAS, The premises to be
occupied by snch applicants were in-
spected and found to comply with tbe
State Law and all City Ordinanees
relevant tbereto and they have filed
proper bonds:
NOW, THEREFORE, BE IT RE-
SOLVED, By the City Council of the
City of Dubuque, Iowa, tbat the Mana-
ger be authorized to cause to be issned
to tbe following named applicants a
Liquor License.
CLASS.C" I COMMERCIAL)
508
Special Session, November 19,1979
BEER & IJQUOR IJCENSE
Lowrie E. Smith 521 E. 22nd St.
(Also Sunday Sales)
Marian Brade and
James Henkel 2616Windsor Ave.
(Also Sunday Sales)
Parocbetti Enterprises, Inc.
2600 Dodge St.
(Sunday Sales Only)
Mary Toth 1700 Central
Passed, adopted and approved tbis
19tb day of November, 1979.
Riebard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Carolyn Farrell
Conncil Members
ATTEST:
Leo F. Frommelt,
City Clerk
Council Member Farrell moved adop-
tion of tbe Resolntion. Seconded by
Council Member Tully. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
A RESOLUTION autborizing tbe
îssuanee of a Class "C" (Commercial)
Beer & Liquor License to Ebenezer,
Inc. at 304 Main Street, presented and
read.
Mayor Wertzberger moved that the
i,suanee of license be DISAPPROVED.
Seeonded by Councli Member Brady.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Communication of DEQ issuing a
permit for the constructioo of the
&alwd&reclSan~yBoosterPu~
&ation, presented and read.
Conncil Member Tully moved tbat the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Pnblication, certified to by
the Publisher, of Sample Ballot covering
General Election beld on November 6,
1979, presented and read.
Council Member Tully moved tbat tbe
proof of publication be received and
filed. Seeonded by Conncil Member
Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Councli
Members Brady, Farrell, King, Tully.
Nays-None.
CITY OF DUBUQUE MUNICIPAL ELECTION HELD NOVEMBER 6, 1979
CANVASS HELD NOVEMBER 13, 1979
&ate of Iowa) os:
Dnbuque Connty)
We tbe undersigned members of tbe Board of Supervisors acting as a Board of
Canvassers, according to section 376.8, Code of Iowa 1979, do bereby certify tbat
the following is a true and correct abstract of the votes cast for eacb of tbe
Dnbuque City Candidates in tbe City of Dubuque Municipal Election beld on
November 6, 1979, as listed and ennmerated hereinbelow by precinct and in
accordance witb tbe respective returns !rom tbe precinct election officials.
CITY COUNCIL \ PARK COMMISSIONER
d ~ ~I i
~ ~. iÎ ¡i t1¡j
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zË3 is g
æ 8~ "'¡::: 51 æ ~ E-<
1 242 253 203 166 267 184 475
2 98 85 53 57 89 65 171
3 169 118 128 66 165 109 284
4 284 287 241 285 326 217 569
5 196 124 112 98 180 108 308
6 169 106 86 83 147 108 263
7 105 74 75 70 95 75 185
8 183 125 108 118 158 108 274
9 98 111 79 83 105 92 207
10 120 130 126 111 155 93 284
11 165 228 210 187 252 160 439
12 140 210 124 222 214 166 391
13 203 348 238 290 311 272 606
Special Session, November 19,1979 509
I
14 152 186 168 161 217 139 373
15 146 169 132 142 190 133 337
16 185 182 115 172 225 184 369
17 289 317 218 239 339 202 560
18 169 197 174 164 214 177 398
19 219 289 207 281 260 267 542
20&27 187 287 204 216 211 243 470
21 143 260 178 223 205 225 438
22 126 281 156 154 189 163 363
23 198 237 200 171 253 173 436
24 152 305 194 267 234 265 512
25 99 263 163 185 154 211 331
26 36 26 24 31 37 24 67
58 144 108 81 118 91 215
TOTAL 4207 5282 4024 4293 5310 4204 9897
We further certify that at the Dnbuque City Municipal Election beld on
November 6, 1979-the following persons, baving received tbe largest number of
votes in said electioo, are declared elected to the Dnbuque City Council as follows,
to wit:
John Felderman
Micbael Pratt
We further certify that Frederick R. Appel was declared elected to a six year
term as Park Commissioner.
I, Terrence J. Hirsch, duly elected and acting County Anditor and Commissioner
of Elections of Dnbuqne County, Iowa, to hereby certify that tbe above and within
consisting of ooe (1) page is a true and correct abstract of tbe canvass of tbe City of
Dnbuqne Municipal Election held on November 6, 1979.
In testimony, wbereof, witness my band and the seal of the Connty of Dnbuque,
Iowa, tills 13tb day of November, 1979.
Lloyd C. Hnyes,
Chairman
Wll!redBabi,
Member
Donna L. Smitb,
Member
ATTEST:
Terrence J. Hirscb,
County Anditor
Commissioner of Elections
Dubuque County, Iowa
Conncil Member Tully moved that tbe canvass be received and be made a Matter
of Record. Seconded by Council Member Farrell. Carried by the following vote:
Yeas-Mayor Wertzberger, Council Members Brady, Farrell, King, Tully.
Nays-None.
Communication of City manager sub-
mitting a list of Fiscal Year 1979
Carryover, for imcompleted capital pro-
jects into the new fiscal year without a
formal budget amendment, presented
and read.
Council Member Tully moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
MINUTES SUBMlTTEDnTransit
Trnstee Authority of 10-11, Recreation
Commission of 10-8, HV AR Board of
Appeals of 11-1 & 11-13, Human Rigbts
Commission of 10-10 & 10-17. Planning
& Zoning Commission of 11-7, Building
Code Board of Appeals of 11-9 and
Electrical Examiners Board of 11-13,
presented and read.
Council Member Tully moved tbat tbe
minutes be received and filed. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Petitions of Iowa Northwesteru Inc.
requesting ligbts in Arbor Oaks & Birch
Acres Subdivision; Dnbuqne Land De-
510
Special Session, November 19, 1979
Recessed Meeting, Nov. 20, 1979
511
CITY COUNCIL
velopment Inc. requesting ligbts in
Clarke Crest Sub., and Dubuque De-
velopment Inc. requesting ligbts in
Embassy West Sub., presented and
read. Council Member Tully moved
that tbe petitions be referred to tbe
City Manager and Electrical Inspector.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Conncil
Members Brady, Farrell, King, Tully.
Nays-None.
NOTICES OF CLAIMS--Hirma Lan-
dolt, in tbe amount of $61., for per-
sonal injuries received in a fall at tbe
Five Flags Civic Center on 9-22-79:
Julie M. Custer, io the amonnt of
$37.00, for car damages incurred as the
result of driving into debris lying in the
intersection of Grandview & Route 20,
Dodge St. on 10-25-79; Dorothy Wag-
ner, in an undetermined amount, for
damage incurred to the basement of her
home at 1635 W. 32nd St. due to a
water leak, on 10-23-79; Claim for
Transportation in the amount of $8,475.
by Fondell & Sons Inc. as subeontractor
for Bio-Life Co. for the hauling of sludge
from tbe Water Department Plant:
Notice of Suit of Herbert L. McClean,
Jr. in the amount of $10,000., for car
damage incurred as the result also
personal injuries while driving over tbe
rallroad tracks on 11th Street on
5-21-79; Harold O. Specht, in tbe
amount of $100., for expense incurred
as tbe result of a backed-up sanitary
sewer at 2055 Avalon Road on 11-10-79,
presented and read.
Council Member Tully moved tbat the
Notices of Claims and Notice of Suit be
referred to Corporation Counsel. Se-
conded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-none.
Petitions of Dubnque Enterprises Inc.
requesting a refund of $150. on tbe
unexpired portion of Class "B" Beer
Permit No. BB- 7212 and J & P O'Hara
d/b/a Happy Joe's Pizza requesting a
refund of $50. on the unexpired portion
of Cigarette License No. 1879, dis-
continued business on 11-12-79, pre-
seoted and read.
Council Member Tully moved tbat the
refunds be approved and City Auditor
directed to issue proper warrants.
Seconded by Council Member Farrell.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Proof of Publication, certified to by
the Publisher, publisber 11-7-79, of
public notice of advising tbe Bureau of
Census its annual report on the actual
expenditures of the Revenue Sharing
Act Year ending 6-30-79 lPurpose Hu-
man rights, Amount $15,399), present-
ed and read.
Council Member Tully moved that the
proof of publication be received and
flied. Seconded by Council Member
Farrell. Carried by tbe following vote:
Yeas-Mayor Wertzberger, Councli
Members Brady, Farreli, King, Tully.
Nays-None.
Communication of Peoples Natural
Gas advising of a rate increase of 1.234
cents per one hundred cubic feet alter
October 1, 1979, presented and read.
Council Member Tuliy moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farreli, King, Tully.
Nays-None.
Printed Councli Proceedings for tbe
month of Augnst, 1979, preseoted for
Conncil approval. Council Member
Tully moved that the Council Proceed-
ings be approved as printed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
There being no further business,
Council Member Farrell moved to re-
cess tbis meeting to 4:00 P.M. on
November 20, 1979, in tbe Council
Chambers. Seconded by Council
Member Tully. Carried by the fol-
iowing vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
LeoF. Frommelt,
Clty Clerk
OFFICIAL
Recessed meeting, November 20,
1979.
Council Met at 4:00 P.M. (C.S.T.)
Present-Mayor Wertzberger, Conn-
cil Members Farrell, King, Tully. City
Manager W. Kenneth Gearhart.
Absent-Council Member Brady.
Mayor Wertzberger read tbe call
directing to RECONVENE RECESSED
MEETING OF NOVEMBER 19, 1979 at
4:00 o'clock P.M. for tbe purpose of
CONSIDERING COMMUNICATIONS
OF ATTORNEY ROBERT M.
BERTSCH DATED NOVEMBER 6th &
8tb REQUESTING VACATION AND
CONVEYANCE OF JOHN F. KEN-
NEDY CIRCLE TO RICHARD V.
HANSEL, ELEANOR J. RAFOTH &
WOODROWH. WENKSTERN.
Communications of Attorney Robert
M. Bertsch of November 6th & 8th on
bebaIf of Richard V. Hansel. Eleanor J.
Rafoth, Woodrow H. Wenkstern, re-
questing vacation and conveyance of
John F. Kennedy Circle, presented and
read.
Council Member Tully moved that the
communications be received and flied.
Seconded by Council Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-None.
Absent-Council Member Brady.
RESOLUTION NO. 310-79
Resolution approving Plat 01 vacated
Kennedy Circle.
WHEREAS, tbere has been pre-
sented to the City Councli of tbe City of
Dubuque, Iowa, a plat dated November
20, 1979, prepared by Cullen, Kilby,
Carolan & Associates, covering vacated
Kennedy Circle, in tbe City of Dubuque,
Iowa; and
Approved
1980
1980
Adopted
WHEREAS, said plat conforms to tbe
laws and statutes pertaining tbereto:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated No-
vember 20, 1979 prepared by Cullen,
Kilby, Corolan & Associates, covering
the real estate herein above described,
be ami the sa1TW is hereby approved,
aOO that the Mayor aOO City Clerk be
aOO they are hereby authorized aOO
directed to execute saki pln.t for aOO on
Council Members
ATTEST:
City Clerk
behalf of the City of Dubuque, Iowa;
Section 2. ThaJ: the Oity Clerk be aOO
is hereby authorized ami directed to file
saki pln.t ami certified copy of this
Resolution in the office of the Recorder
in aOO for Dubu([UÆ County, Iowa.
Passed approved and adopted this
2Otb day of November, 1979.
Ricbard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
City Council Members
ATTEST:
Leo F. Frommelt,
City Clerk
Council Member Tully moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Conncil
Members King, Tully.
Nays-Council Member Farrell.
Absent-Council Member Brady.
AN OIIDINANCE vacating a portion
of Kennedy Circle, and providing for
the conveyance thereof to Ricbard V.
Hansel/Eleanor J. Rafotb/Woodrow H.
Wenkstern (HRW Associates), pre-
sented and read.
Council Member Tully moved that the
reading just bad be considered the first
reading of the Ordinance. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members King, Tully.
Nays-Councli Member Farrell.
Absent-Conncil Member Brady.
Council Member Tully moved that tbe
rule requiring an Ordinance to be
received and filed at two meetings prior
to tbe meeting when final action is
taken, be dispensed witb. Seconded by
Council Member King. Carried by tbe
following vote:
Yeas-Mayor Wertzberger, Councli
Members King, Tully.
Nays-Couocil Member Farrell.
Absent-Council Member Brady.
Council Member Tully moved tbat a
public hearing be held on tbe Ordinance
on December 3, 1979 at 7:30 o'clock
P.M. in tbe Council Chamber at the City
Hall and tbat tbe City Cierk be
instructed to publish notice of the
hearing in the manner required by law.
Seconded by Conncil Member King.
Carried by the following vote:
Yeas-Mayor Wertzberger, Council
Members King, Tully.
Nays-Conncil Member Farrell.
Absent-Conncil Member Brady.
There being no further business,
Council Member Farrell moved to ad-
journ. Seconded by Council Member
King. Carried by the following vote:
512
Recessed Meeting, Nov. 20, 1979
Yeas-Mayor Wertzberger, Council
Members Farrell, King, Tully.
Nays-None.
Absent-Conncil Member Brady.
Leo F. Frommelt
City Clerk
Approved
Adopted
1980
1980
Council Members
ATTEST:
City Clerk
- --
--
Regular Session, December 3, 1979
513
CITY COUNCIL
OFFICIAL
Regular Session, December 3, 1979.
Conncil met at 7:30 o'clock p.m.
(C.S.T.)
Present-Mayor Wertzberger, Coun-
cil Members Brady, Farrell, King,
Tully. City Manager W. Kenneth
Gearbart.
Mayor Wertzberger read the call and
stated tbat service thereof bad been
duly made and this is THE REGULAR
MONTHLY MEETING of the Council
called for the purpose of acting upon
such business as may properly come
before the Meeting.
Invocation was given by Di Pasquale
Jr.. President of Loras College.
Proof of Publication, certified to by
tbe Publisher, of Notice of Hearing for
the intent to dispose of interest in real
estate described as "Lot 10 Block 21A in
Key Knolls Sub," IKennedy Circle),
presented and read.
Council Member Tully moved that tbe
proof of publication be received and
filed. Seconded by Council Member
King. Carried by the following vote:
. Yeas-Mayor Wertzberger, Council
Members Brady, King, Tully.
Nays-Council Member Farrell.
Council Member Tuily moved to
suspend the rules to let anyone present
address tbe Council if they so desire.
Seconded by Council Member Brady.
Carried by tbe following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, Farrell, King, Tully.
Nays-None.
Robert N. Bradfield, representing
Committee for Civic Responsibility, re-
quested Council accept no less than
$127,000.00 appraised value for tbe
property and to use tbat money to
study plans as to increased traffic flow.
0IIDINANCENO.71-79
AN ORDINANCE VACATING A POR-
TION OF KENNEDY CIRCLE, AND
PROVIDING FOR TIlE CON-
VEYANCE TIlEREOF TO RICHARD
V. HANSEL/ELEANOR J. RAFOTIl/
WOODROW H. WENKSTERN I HRW
ASSOCIATES),
said Ordioance having been previously
presented and read at tbe Conncil
Meeting of November 20, 1979, pre-
sented for final adoption.
0IIDINANCENO.71-79
AN ORDINANCE VACATING A POR-
TION OF KENNEDY CIRCLE, AND
PROVIDING FOR TIlE CON-
VEYANCE TIlEREOF TO RICHAIID
V. HANSEL/ELEANOR J. RAFOTIl/
/WooDROW H. WENKSTERN
(HRW ASSOCIATES).
WHEREAS, the City Council of
Dubuque, Iowa, has determined that
this street is no longer required for
pnblic use and the vacation thereof is
hereby approved.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That a portion of Kennedy
Circle WI slwwn on the attached plat be
and the same is hereby vacated, aOO
Section 2. Thnt the pln.t of vacated
Kfmnedy Oircle be aOO the same is
hereby approved, 000 that said vacated
Kennedy Oircle shan hereafter be de-
scribed ami kTwwn as Lot 10, Block 21A
in Key Krw/L'! Subdivision in the Oity of
Dubuque, Iowa, aOO
Section 3. Thnt the disposal of the
City's interest in œnd to vacated Ken-
nedy Oircle, aho described 000 kTwwn
as Lot 10, Block 21A in Key KrwUs Sub-
division in the City of Dubuque, Iowa,
for the sum of $127,007.00 be ami the
same is hereby approved subject to a
genernl easement in, over, aOO across
vacated Kenuedy Oircle for pubüc uti-
lities.
Section 4. That the conveyœræe to
Riclw:rd V Hansel, Elearwr J. Rafoth
aOO Woodrow H. Wenkstern (HRW
Assocla1es) slwR be mode by quit c/nim
deed reserving an easement in the mme
of the City of Dubuque, Iowa, for pubüc
utüities, aOO delivery thereof shan be
mode upon receipt of the purchase price
of $127,007.00 and payment of pubüca-
tion aOO filing fees. An abstract of title
slwR be furnished by the Oity.
Section 5. That the Oity Clerk slwR
publish rwtice of intent to dispose of
interest in said real estate as required
byln.w.
Passed, adopted and approved, tbis
3rd day of December, 1979.
Richard Wertzberger,
Mayor
Thomas A. Tully, Jr.
D. Michael King
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Publisbed officially in the Telegrapb
Herald Newspaper tbis 7tb day of
December, 1979.
Council Member Tully moved final
adoption of tbe Ordinance. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Wertzberger, Council
Members Brady, King, Tully.