1978 March Council Proceedings86 Special Session, February 20,1978
the City Attorney for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of Giles Ede, in the
amount of $15.70, for car damages incur-
red as the result of being struck by a
City -owned ambulance on February 1,
1978 at 450 W. Locust Street, presented
and read. Council Member Wertzberger
moved that the Notice of Claim be refer-
red to the City Attorney for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of Mrs. Thomas B.
French, in the amount of $62.88, for car
damages incurred as the result of driv-
ing into a chuckhole at 2965 Pennsylvan-
ia Ave. on February 10, 1978, presented
and read. Council Member Wertzberger
moved that the Notice of Claim be refer-
red to the City Attorney for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
At 8:45 P.M. Council Member Wertz-
berger moved to go into Executive Ses-
sion to discuss appointments to Boards
and Commissions. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Council reconvened in regular session at
9:17 p.m.
Mayor Tully announced the following
appointments: To the Building Board of
Appeals — William Herrig, Gerald Guy
and Donald Schroeder for two year term
expiring 12-31-79; To Community Devel-
opment Commission — Fred Apel repre-
senting Park Board, Mike Reilly repre-
senting Playground & Recreation Com-
mission, Michael Pratt representing 4th
Street Neighborhood, Elaine Kaufman
representing Rehabilitation Commis-
sion, Lester Pihart representing Plan-
ning &Zoning Commission; To Rehabili-
tation Commission — Harold Moldt, Jr.
and Richard M. Strub for three year
term expiring 1-26-81; To Five Flags
Building Commission — Carolyn Far-
rell. Council Member Wertzberger
moved ratification of the appointments.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
There being no further business,
Council Member Wertzberger moved to
adjourn. Seconded by Council Member
Brady. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Leo F. Frommelt
City Clerk
Approved 1978
Adopted 1978
ATTEST:
Council Members
City Clerk
Regular Session, March 6, 1978 87
CITY COUNCIL
OFFICIAL
Regular Session, March 6, 1978.
No members of the Council being pre-
sent, the meeting was adjourned subject
to call.
Leo F. Frommelt
City Clerk
Approved 1978
Adopted
1978
Council Members
ATTEST:
City Clerk
11
11
Id
jl
88 Adjourned Regular Session, March 13, 1978
CITY COUNCIL
OFFICIAL
Adjourned regular session, March 13,
1978.
Council met at 7:30 p.m. (C.S.T.)
Present: Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
City Manager Gilbert D. Chavenelle.
Mayor Tully read the call and stated
that service thereof had been duly made
and this is an adjourned session of the
regular session of March 6, 1978, called
for the purpose of acting upon fiscal year
1978-79 budget and upon such other busi-
ness as may properly come before the
Meeting.
Invocation was given by Rev. Robert
Miller of First Congregational Church.
Proclamation proclaiming month of
May as "Senior Citizens Recognition
Month" and Boys' Club requesting re-
cognition during "National Boys' Club
Week" were approved and signed by
Mayor Tully.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing on the 1978-79 Fiscal Year Budget,
presented and read. Council Member
Brady moved that the proof of publica-
tion be received and filed. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing on Revenue Sharing Funds to be
used in 1978-79 Budget, presented and
read. Council Member Brady moved
that the proof of publication be received
and filed. Seconded by Council. Member
Wertzberger. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Petition of Christine Zimmer et al
(240 signers) and Communications from
Virginia Alspach, Mary Plamondon, Vi-
siting Nurse Ass'n. AARP Dubuque
Chapter #1363, Charlotte M. McInerney,
Dubuque Council of Churches, UAW Lo-
cal 94, all requesting revenue sharing
funds for use by the elderly, presented
and read. Council Member Brady moved
that the petition and communications be
received and filed. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Council Member Brady moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Christine Zimmer spoke to the Coun-
cil expressing "Thanks" for considera-
tion given to the Senior Citizens.
Communication of Chamber of Com-
merce submitting a list of suggestions
relative to the budget operation.
Jerry Peterson, Chairman of
Chamber of Commerce spoke to various
portions of the budget and presented
their recommendations — Parks, Sub-
dividers should be required to provide
green spaces; Position of Traffic Engin-
eer, already budgeted, should be filled;
Recommending Multi inspection visits;
Civic Center -Hotel -Motel Tax, if passed,
be used to finance Center.
Council Member Brady moved that
the communication of Chamber of Com-
merce be received and filed. Seconded
by Council Member Wertzberger. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of Citizens Advisory
Commission urging the hiring of three
new housing inspectors, presented and
read. Council Member Brady moved
that the communication be received and
filed. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Communication of Eric Schulz, as a
representative of Dubuque Board of
Realtors, requesting to address the
Council relative to the Building -Housing
Department and Budget, presented and
read. Eric Schulz spoke to the com-
munication.
Council Member Brady moved that
the communication be received and filed.
Seconded by Council Member Wertz-
berger. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of League of Women
Voters submitting a statement pertain-
ing to 1979 Budget regarding Use of
Federal Funds, Annexation, Parks and
Recreation, Keyline, Systems Analyst,
Housing, Lobbying and Reorganization.
Mrs. Jean Cheever, President of League
of Women Voters spoke to the communi-
Adjourned Regular Session, March 13, 1978 89
cation. Council Member Brady move
that the recommendation be receive
and filed. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger
Nays—none.
Communication of Roger Voss, rep-
resenting Firefighters, objecting to cut
of 3 firemen, presented and read. Roger
Voss spoke to the communication stat-
ing there currently is a safety problem
on Truck #2; Moving reserve ambulance
would solve problem; Operated 7 years
short 2 men; Requesting 3 men be added
to the department. Council Member
Brady moved that the communication be
received and filed. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Communication of City Manager sub-
mitting budget certification material
reflecting adjustments made by the
Council on February 28, 1978, presented
and read. Council Member Wertzberger
moved that the communication be re-
ceived and filed. Seconded by Council
Member King. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
RESOLUTION NO. 94-78
A Resolution Adopting the Annual
Budget for the Fiscal Year Ending
June 30, 1979.
BE IT RESOLVED by the Council of
the City of Dubuque, Iowa:
The annual budget for the fiscal year
ending June 30, 1979, as set forth in the
Budget Summary Certificate and in the
detailed budget in support thereof show-
ing the revenue estimates and appro-
priation expenditures and allocations to
programs and activities for said fiscal
year is adopted, and the clerk is directed
to make the filings required by law and
to set up his books in accordance with
the summary and details as adopted.
Passed and approved on March 13,
1978, by the following vote:
Ayes: Thomas A. Tully Jr., Mayor,
James E. Brady, Carolyn Farrell, D.
Michael King, Richard Wertzberger,
Council Members.
Thomas A. Tully Jr.,
Mayor
Leo F. Frommelt,
Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
d Council Member King. Carried by the
d following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
A Statement, on behalf of the City
Council, endorsing the design of the pro-
posed City Island Bridge, to be pre-
sented at Design Public Hearing on
March 15,1978, was presented and read.
Council Member Brady moved that the
final paragraph be amended. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays —Council Member Wertzber-
ger.
Council Member Wertzberger moved
to accept as City Council position and
Mayor and City Clerk be authorized to
sign the Statement. Seconded by Coun-
cil Member King. Carried by the follow-
ing votes:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays—Council Member Wertzber-
ger.
Council Member Wertzberger moved
that the Thermolyne Corp. and E. R.
Carpenter Company matters be re-
ferred to the City Manager and City At-
torney and that Thermolyne Corp be
granted an extension. Seconded by
Council Members Brady. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Proof of Publication, certified to by
the Publisher, of Notice of vacation and
hearing on sale of a portion of Levi
Street, presented and read. No written
objections were filed and no oral objec-
tors were present in the Council Cham-
ber at the time set for the hearing. Coun-
cil Member Wertzberger moved that the
proof of publication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
ORDINANCE NO. 9.78
AN ORDINANCE VACATING A 60'
WIDE PORTION OF LEVI STREET
RUNNING FROM THE SOUTHWEST
RIGHT•OF-WAY LINE OF SAMUEL
STREET TO THE WEST PROPERTY
LINE OF LOT 53 IN SOUTH AVENUE
ADDITION IN THE CITY OF DUBU•
QUE, IOWA (KELLY),
said Ordinance having been previously
presented and read at the Council Meet-
ing of February 20, 1978, presented for
final adoption.
II
!Il
hl
!.i
I�I
90 Adjourned Regular Session, March 13, 1978
ORDINANCE NO. 9-78
AN ORDINANCE VACATING A 60'
WIDE PORTION OF LEVI STREET
RUNNING FROM THE SOUTHWEST
RIGHT-OF-WAY LINE OF SAMUEL
STREET TO THE WEST PROPERTY
LINE OF LOT 53 IN SOUTH AVENUE
ADDITION IN THE CITY OF DUBU•
QUE, IOWA.
WHEREAS, Frank E. Kelly, 1680
Ruann Drive, Dubuque, Iowa Owner of
Lot 2 of 12 and Lot 52 in St. George Sub-
division and Lot 53 in South Avenue Ad-
dition in the City of Dubuque, Iowa, has
petitioned the City Council for the vaca-
tion of a 60' wide portion of Levi Street
running from the Southwest right-of-
way line of Samuel Street to the West
property line of Lot 53 in South Avenue
Addition, all above real estate situated
in the City of Dubuque, Iowa and
WHEREAS, the City Planning &
Zoning Commission of the City of Dubu-
que, Iowa has reviewed the petition of
Frank E. Kelly, requesting vacation of a
60' wide portion of Levi Street abutting
his property, which is described as Lot 2
of 12 and Lot 52 in St. George Subdivi-
sion and Lot 53 in South Avenue Addi-
tion, and the Commission has deter-
mined that this parcel is not needed for
any present or future purposes, and has
no objection to its vacation; and
WHEREAS, the City Engineering
Staff has reviewed the request of Frank
E. Kelly to vacate the 60' wide portion of
Levi Street running from the South-
west right-of-way line of Samuel Street
to the West property line of Lot 53 in
South Avenue Addition, said portion be-
ing 104.20' long and 60' wide, and the
Engineering Staff feels there is no
reason for the City of Dubuque, Iowa to
retain this street and feels that it is in
the best interest of the City to vacate
and sell same; and
WHEREAS, Shive-Hattery & Asso-
ciates has prepared and submitted to
the City Council a plat showing the said
street, together with Lots 2 of 12 and
Lot 52 in St. George Subdivision and Lot
53 in South Avenue Addition, and the
vacated portion of Levi Street, and
assigned a number thereto and vacated
portion of Levi Street shall hereafter be
known and described as Lot IA of South
Avenue Addition in the City of Dubu-
que, Iowa and
WHEREAS, the City Council of Du-
buque, Iowa has determined that this
street is no longer required for public
use and the Planning & Zoning Commis-
sion of the City of Dubuque, Iowa has ap-
proved a vacation of said portion of Levi
Street to be known as Lot lA of South
Avenue Addition in the City of Dubu-
que, Iowa
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1: That the plat of Lot 1A of
South Avenue Addition bearing the
date of December 9, 1977 and prepared
by Shive-Hattery & Associates of the Ci-
ty of Dubuque, Iowa, be and the same is
hereby approved and the Mayor and Ci-
ty Clerk be and they are hereby autho-
rized and directed to execute the same
Dubuque,
o the City o ,
for and on behalf f y f 9
Iowa
Section 2. That the said Real Estate
described as Lot 1A of South Avenue
Addition in Dubuque, Iowa be and the
same is hereby vacated;
Section 3: That the City Clerk be and
he is hereby authorized and directed to
cause Notice of intent to dispose of said
Real Estate described as Lot IA of
South Avenue Addition running from
the Southwest right-of-way line of
Samuel Street to the West property line
of Lot 53 in South Avenue Addition in
the City of Dubuque, Iowa
Section 4: That the conveyance of
said Lot lA of South Avenue Addition in
the City of Dubuque, Iowa, be and the
same is hereby approved upon payment
of One Hundred Fifty ($150) dollars and
upon payment of cost of publication and
filing cost.
PASSED, ADOPTED AND AP-
PROVED THIS 18th DAY OF
MARCH, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 17th day of
March 1978.
Leo F. Frommelt,
City Clerk
It 3/17
Council Member Wertzberger moved
final adoption of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays—none.
Adjourned Regular Session, March 13, 1978 91
RESOLUTION NO. 72.78
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 February 24, 1978, in
the City of Dubuque, Iowa, the City
Council of the City of Dubuque, Iowa
met on the 13th day of March, 1978 at
7:30 o'clock P.M. (CST) in the City of Du-
buque, City Hall, Dubuque, Iowa, to con-
sider the proposal to dispose of interest
of the City of Dubuque, Iowa in real
estate, hereinafter described, to Frank
E. Kelly; and
WHEREAS, City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written, to the pro-
posal to dispose of interest of City of
Dubuque, Iowa in the hereinafter de-
scribed real estate to the above named
party;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of in-
terest of City of Dubuque, Iowa in and to,
and the conveyance of,vacated portion
of Levi Street 60 feet wide running from
the southerly right-of-way line of Sam-
uel Street to the West property line of
Lot 53 in South Avenue Addition, which
is now platted and described as:
Lot 1A of South Avenue Addition in
the City of Dubuque, Iowa
to FRANK E. KELLY be and the same is
hereby approved for the purchase price
of $150.00, plus costs of publication and
recording fees; no abstract of title will be
furnished and conveyance shall be by
Quit Claim Deed and said conveyance
shall be subject to reservation by the Ci-
ty of Dubuque, Iowa of a perpetual ease-
ment for the full width of said vacated
portion of street for the installation and
maintenance of water and sewer mains
and for the right of ingress and egress
therefrom to repair and maintain the
same.
Section 2. That the Mayor and City
Clerk be and they are hereby authorized
and directed to execute said deed of con-
veyance and the City Clerk be and he is
hereby authorized and directed to deliv-
er said deed of conveyance to the gran-
tee upon payment of the purchase price
in full.
Section 3. That the City Clerk be and
he is hereby authorized and directed to
record certified copy of this Resolution
in the office of the Dubuque County Re-
corder.
Passed,adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Proof of Publication, certified to by
the Publisher, of Notice of hearing to dis-
pose of interest in Lots 7, 8 and 9 and Lot
2 of 1, in Block 1 in River Front Sub. No. 5
to Klauer Mfg. Co., presented and read.
No written objections were filed and no
oral objectors were present in the Coun-
cil Chamber at the time set for the hear-
ing. Council Member Wertzberger
moved that the proof of publication be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 73.78
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 Febraury 24, 1978, in
the City of Dubuque, Iowa, the City
Council of the City of Dubuque, Iowa
met on the 13th day of March, 1978 at
7:30 o'clock P.M. (CST) in the City Coun-
cil Chambers in City Hall, Dubuque, Io-
wa to consider the proposal to dispose of
interest of the City of Dubuque, Iowa in
real estate described as:
Lots 7, 8 and 9, and Lot 2 of Lot 1, all of
Block 1 in "River Front Subdivision
No. 5" in the City of Dubuque, Iowa
to KLAUER MANUFACTURING
COMPANY; and
WHEREAS, the City Council of the
Cityof D
Dubuque, Iowa overruled any
e
and all objections, oral or written, to the
proposal to dispose of interest of City of
Dubuque, Iowa in the above described
real estate to KLAUER MANUFAC-
TURING COMPANY;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
•:
11
'I
92 AdjournedRegular Session, March 13, 1978
Section 1. That the disposal of in-
terest of the City of Dubuque, Iowa in
the following described real estate, to -
wit:
Lots 7, 8 and 9 and Lot 2 of Lot 1, all of
Block 1 in "River Front Subdivision
No. 5" in the City of Dubuque, Iowa
to KLAUER MANUFACTURING
COMPANY for the purchase price of
$.48 per square foot, pursuant to Option
to Purchase Agreement between the Ci-
ty of Dubuque, Iowa and Klauer Manu-
facturing Company, the terms and con-
ditions of which are fully set in said Op-
tion Agreement, a copy of which is here-
to attached and by reference made a part
hereof, be and the same is hereby ap-
proved.
Section 2. That the Mayor and the Ci-
ty Clerk be and they are hereby author-
ized to execute said Option to Purchase
Agreement for and on behalf of the City
of Dubuque, Iowa.
Passed, adopted, and approved this
13th day of March, 1978.
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
March 7, 1978
Honorable Mayor and
Members of the City Council
The enclosed Resolution provides for
a local cash contribution in the amount of
$21.62 to match $448.38 in federal and
state funding to send a police officer to
the National Crime Prevention Insti-
tute, a one week course in crime preven-
tion and the elderly.
A breakdown of the grant is as fol-
lows:
Budget
Air Fare
Meals/Lodging
Tuition
Sharing of Cost
Federal
State
City
We would request your adoption of
this resolution.
Gilbert D. Chavenelle
City Manager
Council Member Brady moved that
the communication be received and filed.
Seconded by Council Member Wertzber-
ger. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
MATCHING RESOLUTION
No. 74.78
WHEREAS, the City of Dubuque of
Iowa, by resolution duly passed here-
tofore, has resolved that it will provide
during the approved project period cash
funds for the following Iowa Crime Com-
mission project:
Law Enforcement Training (Crime
Prevention and the Elderly) $21.62
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
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 Wertzberger. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing to
dispose of interest in Lot 1 of 2 of 1 of 1 of
1 of 1 of 1 of 1 of 1 of 1 of Mineral Lot 342,
presented and read. No written objec-
tions were filed and no oral objectors
were present in the Council Chamber at
the time set for the hearing. Council
Member Wertzberger moved that the
proof of publication bereceivedand
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 75-78
$130.00 WHEREAS, pursuant to Resolution
140.00 and published notice of time and place of
200.00 hearing, published in the Telegraph -He -
$470.00 rald, a newspaper of general circulation
published in the City, of Dubuque, Iowa
$423.00 on February 28,1978, the City Council of
25.38 the City of Dubuque, Iowa met on the
21.62 13th day of March, 1978, at 7:30 o'clock
$470.00 P.M. (CST) in the City Council Cham -
Adjourned Regular Session, March 13, 1978 93
bers, City Hall, Dubuque, Iowa, to con-
sider the proposal to dispose of interest
of the City of Dubuque, Iowa in real
estate hereinafter described to JAMES
S. O'MEARA to correct a misdescrip-
tion of real estate conveyed to said
James S. O'Meara in deed dated June 22,
1959, filed June 29, 1959 in Dubuque
County records in Book 168, page 360,
said deed conveying to the said James S.
O'Meara a portion of North Grandview
at its intersection with Kaufmann
Avenue in the City of Dubuque, Iowa;
and
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any
and all objections, oral or written, to the
proposal to dispose of interest of the Ci-
ty of Dubuque, Iowa in the hereinafter
described real estate to JAMES S.
O'MEARA;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of in-
terest of the City of Dubuque, Iowa in
the following described real estate, to -
wit:
Lot 1 of Lot 2 of Lot of Lotl of Lot
of Lot 1 of Lot 1 of Lot 1 ofLot l of Lot
1 of Mineral Lot 342, in the City of Du-
buque, Iowa
To JAMES S. O'MEARA be and the
same is hereby approved in exchange for
the conveyance by James S. O'Meara to
the City of Dubuque, Iowa of the real
estate conveyed to him by deed herein-
above set out, that no abstract of title
will be furnished and conveyance by the
City of Dubuque, will be by Quit Claim
Deed, reserving to itself easements
reserved therein.
Section 2. That the City Clerk be and
he is hereby directed and authorized to
deliver deed of conveyance conveying
the above described real estate to James
S. O'Meara upon recept of deed convey-
ing the misdescribed real estate back to
the City of Dubuque, Iowa.
Section 3. That the City Clerk be and
he is hereby authorized and directed to
record a certified copy of this Resolution
in the office of the Dubuque County.Re-
corder.
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D, Michael Ring
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 78.78
A Resolution Directing the Transfer of
Certain Community Development
Block Grant Funds
NOW, THEREFORE, Be It Resolved
by the City Council of the City of Dubu-
que, Iowa:
Section 1. That an amount not to ex-
ceed One Hundred Thirty Five Thou-
sand Two Hundred Thirty Eight Dollars
($135,238) shall be transferred and re-
programmed as shown below.
A. Building Department Services
$49,040
Transfer to
Administrative Expense $ 1,913
Rehab Staff Support 27,270
Rehabilitation
19,857
$49,040
B. Civic Cener Water Main & Sewer
Relocation
$60,000
Transfer to
Jefferson Park Steps $ 183
Neighborhood Park
Development 54,921
llth Street Steps 3,926
Street Improvements 970
$60,000
C. Fire Station Land Purchase
$26,198
Transfer to
Street Improvements $10,596
Street Tree Planting 483
Rehabilitation 15,119
$26,198
Section 2. That the foregoing
transfer of funds has heretofore been ap-
proved by the Community Development
Commission.
Section 3. That the foregoing trans-
fer of funds provides the availability of
One Hundred Thirty Five Thousand
Two Hundred Thirty Eight Dollars
($135,238) originally allocated in the
Community Development Block Grant
Agreement (B -78 -MC -19-0004) for Urban
Renewal Land Purchase.
Passed, adopted, and approved this
13th day of March, 1978.
Richard Wertzberger
Mayor Pro -Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
ij
1 11p,
it
�fl
kl
94 Adjourned Regular Session, March 13, 1978
NOW THEREFORE, Be It Resolved
by the City Council of the City of Dubu-
que, Iowa:.
Section 1. That an amount not to exceed
Fifty -Six Thousand Seven Hundred and
Sixty -Two Dollars ($56,762) shall be
transferred from the appropriate Fiscal
Year Community Development Block
Grant Funds, as listed below, for the pur-
pose of completing a Project known as
Urban Renewal Land Purchase.
BUDGET TRANSFERS
FY '78 Contingencies $46,830
Staff Support 8,283
FY '78 Street Improvements 1,649
$56,762
Section 2. That the foregoing trans-
fer of funds has heretofore been approv-
ed by the Community Development
Commission.
Passed, adopted, and approved this
13th day of March, 1978.
Richard Wertzberger
Mayor Pro -Tem
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
Mayor Pro -Tem Wertzberger. Carried
by the following vote:
Yeas—Mayor Pro -Tem Wertzberger,
Council Members Brady, Farrell, King.
Nays — none.
Abstain—Mayor Tully.
RESOLUTION NO. 78-78
Authorizing Submission of a Request
for Release of Funds for Certain Com-
munity Development Block Grant Pro-
jects
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program
convened an ad hoc committee on July
14, 1976, and completed an Envir-
onmental Assessment of the following
identified proposals (projects) with
Community Development Block Grant
funds; and
Street Tree Planting
Miscellaneous Public Improvements
Including Street, Alley, Curb Repair
and Replacement
WHEREAS, pursuant to Resolution
No. 246-76 adopted July 19, 1976, Public
Notice of a "Finding of No Significant Ef-
fect on the Environment" for the pro-
posal (project) was published July 20,
1976, in the Dubuque Telegraph Herald,
a newspaper of general circulation, and
until 12:00 Noon, Monday, August 16,
1976; and
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program con-
vened an ad hoc committee on March 4,
1976, and completed an Environemntal
Assessment of the following proposal
(project) with Community Development
Block Grant funds; and
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Pro -Tem Wertzberger. Carried
by the following vote:.
Yeas—Mayor Pro -Tem Wertzberger,
Council Members Brady, Farrell, King.
Nays—none.
Abstain—Mayor Tully.
RESOLUTION NO. 77.78
A Resolution Directing the Transfer of
Community Development Block Grant
Funds From Various Other Completed
Projects and Contingency Account to
the Purchase of Urban Renewal Land
Project
Removal of architectural barriers
which impede the mobility of the
elderly and handicapped
WHEREAS, pursuant to Resolution
No. 182-76 adopted May 24, 1976, Public
Notice of a "Finding of No Significant Ef-
fect on the Environment" for the pro-
posal (project) was published May 25,
1976, in the Dubuque Telegraph -Herald,
a newspaper of general circulation, and
provided for a public comment period
until 12:00 Noon, Wednesday, June 18,
1976; and
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program con-
vened an ad hoc committee on June 23,
1976, and completed an Environmental
Assessment of the following proposals
(project) with Community Development
Block Grant funds, and
Rehabilitation Loan & Grant Pro-
gram in Community Development
Project Areas
Emergency Home Repair in Com-
munity Development Project Areas
Tool Lending Library Sponsored by
Washington Tool Library, Inc., a non-
profit corporation
WHEREAS, pursuant to Resolution
No. 240-76 adopted July 6, 1976, Public
Notice of a "Finding of No Significant Ef-
fect on the Environment" for the pro-
posals (projects) was published July 7,
1976, in the Dubuque Telegraph Herald,
a newspaper of general circulation, and
provided for a public comment period
Adjourned Regular Session, March 13, 1978 95
until 12:00 noon, Friday, July 30, 1976;
and
WHEREAS, Public Notice of a "Find-
ing of No Significant Effect on the En-
vironment" for the proposals (projects)
was sent by regular mail to various fed-
eral, state and local public agencies and
local news to the oca e media, individuals and
groups known to be interested and
believed to be appropriate to receive
such a Public Notice; and
WHEREAS, any and all objections, if
any, to such proposals have been duly
considered; and
WHEREAS, it the intent of the City
Council to authorize the submission of a
request to the U.S. Department of Hous-
ing and Urban Development for the re-
lease of funds under the said Act to carry
out the above identified projects;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Environment Re-
view Board for each of the proposals
(projects) shall continue to remain on file
in the Office of the City Clerk, where
said records may be examined and cop-
ied by any interested party.
Section 2. That the Mayor of the. City
of Dubuque is herebyauthorized and 4
di-
rected to submit to the U.S. Department
of Housing and Urban Development five
(5) days after receipt from HUD of ap-
proved application for FY 1978 Block
Grant Funds, a request for release of
funds to undertake the said projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent to assume the status of a responsi-
ble Federal official under the National
Environmental Protection Act, insofar
as the provisions of the said Act apply to
the U.S. Department of Housing and Ur-
ban Development's responsibilities for
review, decision-making, and action
assumed and carried out by the City of
Dubuque as to environmental issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent personally, in his official capacity
and on behalf of the City.of Dubuque, to
accept the jurisdiction of the Federal
courts if an action is brought to enforce
responsibilities in relation to en-
vironmental reviews, decision-making
and action. -
Section 5. That the Mayor of the City
of Dubuque be and he is hereby authoriz-
ed and directed to execute a certification
pertaining to the environmental review
procedures.
Section 6. That the City Clerk be and
he is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds and Certification in the
form of Exhibit "A" attached hereto and
made a part hereof.
Passed, adopted, and approved this
13th day of March, 1978.
Richard Wertzberger
Mayor Pro -Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
PUBLIC NOTICE
Pursuant to the Environmental Re-
view Procedures for the Community De-
velopment Block Grant Program, the Ci-
ty of Dubuque intends to file a request
five (5) days after receipt from HUD of
approved application for FY 1978 Block
Grant Funds.
Street Tree Planting
Miscellaneous Public Improvements
Including Street, Alley, Curb Repair,
and Replacement, Catch Basin Re-
pair, Lighting and Street Sign Re-
placement
Removal of Architectural Barriers
which Impede the Mobility of the
Elderly and Handicapped
Rehabilitation Loans and Grant Pro-
grams
Emergency Home Repair Program
Tool LendingLibrary
Y
The City of Dubuque has made an En-
vironmental Review Board for the pro-
jects, and has placed these records on
file in the Office of the City Clerk in City
Hall, 13th and Central Avenue, Dubu-
que, Iowa, where said records may be ex-
amined and copied between the hours of
8:00 AM and 5:00 PM, Monday through
Friday until 5:00 PM on the 30th day of
June, 1978.
The name of the applicant is the City
of Dubuque, Iowa, and the Chief Exec-
utive officer of the applicant is Mayor
Thomas A. Tully, Jr. The mailing ad-
dress for both the applicant and the
Chief Executive Officer is City Hall,
13th and Central Avenue, Dubuque,
Iowa.
The City of Dubuque will undertake
the projects described above with Block
Grant Funds from the U.S. Department
of Housing and Urban Development
(HUD), under Title I of the Housing and
Community Development Act of 1974.
The City of Dubuque is certifying to
HUD that the City of Dubuque and Tho-
mas A. Tully, in his official capacity as -
Mayor, consent to accept the jurisdic-
tion of the Federal Courts if an action is
brought to enforce responsibilities in re-
lation to environmental reviews, decis-
ion-making, and action; and that these
Ib
96 Adjourned Regular Session, March 13, 1978
responsibilities have been satisfied. The
legal effect of the certification is that
upon its approval, the City of Dubuque
may use the Block Grant Funds and
HUD will have satisfied its responsi-
bilities under the National Environmen-
tal Policy Act of 1969. HUD will accept
an objection to its approval of the re-
lease of fundsand acceptance of the cer-
tification only if it is on one of the follow-
ing bases; (a) That the certification was
not in fact executed by the Chief Ex-
ecutive Officer or other officer of appli-
cant approved by HUD; or (b) That ap-
plicant's environmental review record
for the project indicates omission of a re-
quired decision, finding, or step ap-
plicable to the project in the environ-
mental review process. Objections must
be prepared and submitted in accor-
dance with the required procedure (24
CFR Part 58), and may be addressed to
HUD at the Omaha Area Office, 7100
West Center Road, Omaha, Nebraska
68106. Objections to the release of funds
on bases other than those stated above
will not be considered by HUD. No objec-
tion received after the 30th day of June,
1978, will be considered by HUD.
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Mayor Pro -Tem Wertzberger. Carried
by the following vote:
Yeas -Mayor Pro -Tem Wertzberger,
Council Members Brady, Farrell, King.
Nays - none.
Abstain -Mayor Tully.
ORDINANCE NO. 10-78
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA BE AMENDED
BY REVISING SUBSECTION (B) AND
SUBSECTION (C) OF SECTION 25-212
OF SAID CODE PROVIDING THAT
VEHICLES SHALL YIELD THE RIGHT
OF WAY BEFORE ENTERING THOSE
INTERSECTIONS DESIGNATED AS
YIELD INTERSECTIONS,
presented and read. Council Member
Brady moved that the reading just had
be considered the first reading of the Or-
dinance. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Council Member Farrell moved that
the rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is taken,
be dispensed with. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
ORDINANCE NO. 10-78
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA; PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA BE AMENDED
BY REVISING SUBSECTION (B) AND
SUBSECTION (0) OF SECTION 25.212
OF SAID CODE PROVIDING THAT
VEHICLES SHALL YIELD THE RIGHT
OF WAY BEFORE ENTERING THOSE
INTERSECTIONS DESIGNATED AS
YIELD INTERSECTIONS
NOW THEREFORE BE IT OR•
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Subsections (6) and lc)
of Section 25-212 of the Code of Or-
dinances of the City of Dubuque, Iowa,
be amended so that such sections shall
read as follows:
"Sec. 25.212.
tb) Those intersections designated
are hereby declared to be "YIELD
INTERSECTIONS" for all purposes
of this section
A. Northbound vehicles must yield
before entering the intersection of:
1. St. Ambrose and Clarke Drive
2. Kirkwood and West Locust Street
3. Rosedale and West Locust Street
4. Rockdale Road and the West ramp
of Kerrigan Rd.
5. West Third Street and James
Street
6. WestwayDrive and Graham Circle
7. Coates Street and Southgate Drive
8. Hillcrest and St. John Drive
9. New Haven and Mineral Street
B. Southbound vehicles must yield
before entering the intersection of:
1. Bryant Street and So. Grandview
Avenue
2. Kane Street and Kaufmann Ave-
nue
3. Clarke Drive and West Locust
Street
4. WestwayDrive and Graham Circle
5. Hillcrest and St. John Drive
C. Eastbound vehicles must yield be-
fore entering theinteresection of:
1. Hillcrest and Asbury Road
2. North Grandview Avenue and
Rosedale, West intersection
3. Clarke Drive and Madison Street
4. Forest Lane and Booth Street
5. St. John Drive and Graham Circle,
South interesection
6. St. John Drive and Graham Circle,
North intersection
7. CrissyDrive andMarywoodDrive,
South intersection
Adjourned Regular Session, March 13, 1978 97
8. CrissyDrive and Marywood Drive,
North intersection
9. St. George Street and Tressa
Street
D. Westbound vehicles must yield be-
fore entering the intersection of:
1. Cleveland Avenue and Bryant
Street
2. Rush Street and Bryant Street
3. Rosedate and No, Grandview Ave-
nue, East intersection
4. Forest Lane and Booth Street
5. St. John Drive and Graham Circle,
South intersection
6. St. John Drive and Graham Circle,
North intersection
7. CrissyDrive and MarywoodDrive,
South intersection
8. CrissyDrive and MarywoodDrive,
North intersection
9. West Ninth and University Ave-
nue
10. St. George Street and Tressa
Street
lel Yield signs shall be erected at the
specified entrances to the yield in-
tersection designated and Mall be lo-
cated as near as practical to the pro-
perty line of the highway at the en-
trance at which the yield must be
made, or at the nearest line of the
crosswalk thereat, or, if none, at the
nearest line of the roadway.
Passed, adopted and approved this
18th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 17th day of
March 1978.
Leo F. Frommelt
City Clerk
St 3/17
Council Member Brady moved final
adoption of the Ordinance. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays -none.
ORDINANCE NO. 11-78
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING SECTION 25-183 OF
SAID CODE, PROVIDING THAT VEH.
ICLES SHALL BE DRIVEN ONLY IN
THE DIRECTION DESIGNATED UPON
THOSE STREETS AND PARTS OF
STREETS AND IN THOSE ALLEYS
DESIGNATED AND SIGN POSTED
FOR ONE WAY TRAFFIC,
presented and read. Council Member
Brady moved that the reading just had
be considered the first reading of the Or-
dinance. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Council Member Brady moved that
the rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is taken,
be dispensed with. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
ORDINANCE NO. 11.78
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA BE AMENDED
BY REVISING SECTION 25.183 OF
SAID CODE, PROVIDING THAT VEH-
ICLES SHALL BE DRIVEN ONLY IN
THE DIRECTION DESIGNATED UPON
THOSE STREETS AND PARTS OF
STREETS AND IN THOSE ALLEYS
DESIGNATED AND SIGN POSTED
FOR ONE WAY TRAFFIC.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Section 25-183 of the
Code of Ordinances of the City of Dubu-
que, Iowa be amended so that such sec-
tion shall read as follows:
"Sec. 25.183. One Way Streets.
Upon those streets and parts of
streets and in those alleys designated
as one way streets and sign posted for
one way traffic, vehicles shall be
driven only in the direction desig-
nated.
I. Traffic shall move northerly only:
a, In the alley between Iowa Street
and Central Avenue from West
Tenth Street to Loras Boulevard
b. In the alley between Locust Street
and Main Street from West First
Street to West Fourth Street asnd
from West Sixth Street to West
Twelfth Street.
98 Adjourned Regular Session, March 13,1978
c. On Iowa Street from West Tenth
Street to Loras Boulevard.
d On Locust Street from Dodge
Street to West Sixteenth Street.
e. On that portion of Elm Street ly-
ing east of the railroad tracks in said
street between East 24th Street and
East 26th Street.
f. On White Street from East Fourth
Street to East 21st Street.
g. On the east ramps of Kerrigan
Road.
2 Traffic shall move southerly only:
a In the alley between Central Ave-
nue and White Street from East
Fourteenth Street to East Fourth
Street.
b. In the alley between Main Street
and Iowa Street from West Twelfth
Street to West Sixth Street and
from West Fourth Street to West
Third Street.
c. On Bluff Street from West Six-
teenth Street to Dodge Street.
d On Main Street from Loras Boule-
vard to West Ninth Street.
e. On the portion of Elm Street lying
West of the railroad tracks in said
streets from East 24th Street and
East 26th Street.
f. On Central Avenue from East 21st
Street to Fourth Street.
g. On the west ramps of Kerrigan
Road
h. Terminal Street from First Street
to Jones Street.
i. In the alley lying between Asbury
Street and Finley Street from Cher-
ry Street to University Avenue.
3. Traffic shall move westerly only:
a On East 21st Street from White
Street to Central Avenue.
b. On West Fifth Street from Cen-
tral Avenue to Bluff Street.
c. On West Tenth Street from Cen-
tral Avenue to Bluff Street.
4. Traffic shall move easterly only:
a. On East First Street from Water
Street to Terminal Street.
b. In the alley lying between Cherry
Street and University Avenue and
lying parallel thereto extending
from the easterly edge of the alley
lying immediately west of Asbury
Street to Asbury Street
c. On West Fourth Street from Bluff
Street to Iowa Street.
d. On West Ninth Street from
Locust Street to Iowa Street."
Section 2. That all ordinances or
parts of ordinances inconflict with this
ordinance are hereby repealed.
Passed adopted and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald this 17th day of March 1978.
Leo F. Frommelt
City Clerk
1t 3/17
Council Member Brady moved final
adoption of the Ordinance. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays—none.
March 8,1978
Honorable Mayor and Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed the fi-
nal plat subdividing Lot 1 of 2 of 2 of 2 of 1
of Holiday Corners #2, and Lot 1 of 2 of 12
and Lot 1 of 11, both in Block 2 of West-
side Manor Subdivision. The property is
located south of Pennsylvania Avenue
between Glencove Lane and John F.
Kennedy Road.
The proposed final plat will accom-
modate a lot split to provide for transfer
of ownership of a 10 foot wide parcel be-
tween the commercial property and the
professional office -dental clinic abutting
it to the south.
The Planning and Zoning Commission
has approved the plat and has recom
mended your endorsement of it.
City Planning
And Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 79-78
A Resolution Approving the Plat Sub-
dividing Lot 1 of Lot 2 of Lot 2 of Lot 2
of Lot 1 of Holiday Corners 112; And Lot
1 of Lot 2 of Lot 12 and Lot 1 of Lot 11
Both in Block 2 of Westslde Manor
Subdivision, All in the City of Dubu-
que, Iowa
Adjourned Regular Session, March 13, 1978 99
WHEREAS, there has been filed with
the City Clerk a plat of the subdivision of
Lot l of Lot 2 of Lot 2 of Lot 2 of Lot l of
Holiday Corners #2; and Lot 1 of Lot 2 of
Lot 12 and Lot 1 of Lot 11 both in Block 2
of Westside Manor Subdivision to be
known as Lot 1 and Lot 2 of Lot 1 of Lot 2
of Lot 2 of Lot 2 of Lot 1 of Holiday Cor-
ners #2; and Lot 1 and Lot 2 of Lot 1 of
Lot 2 of Lot 12 and Lot 1 and Lot 2 of Lot
1 of Lot 11 in Block 2 of Westside Manor
Subdivision, in the City of Dubuque,
Iowa; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they find
that same conforms to statutes and or-
dinances 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 1 and Lot 2 of Lot 1 of Lot
2 of Lot 2 of Lot 2 of Lot 1 of Holiday Cor-
ners #2; and Lot 1 and Lot 2 of Lot 1 of
Lot 2 of Lot 12 and Lot l and Lot 2 of Lot
1 of Lot 11 in Block 2 of Westside Manor
Subdivision be and the same is hereby
approved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of
Dubuque, Iowa, upon said plat.
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
March 8, 1978
Honorable Mayor and Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed a final
plat, submitted by Mr. D. James Ed-
wards, subdividing Blocks 1 through 6 of
"Patricia Anne Subdivision" in the City
of Dubuque, Iowa. The property as
shown on the attached map is located
south of Kelly Lane and west of Ed-
wards' Drive and depicts the proposed
development scheme.
In their review, the Planning and Zon-
ing Commission has found the platto be
in comformance with the approved pre-
liminary plat of the property and that it
meets the requirements of the Subdivi-
sion Regulations and Zoning Ordinance
of the City of Dubuque, Iowa. The Com-
mission has voted to approve the final.
plat of Blocks 1 through 6 of "Patricia
Anne Subdivision" and recommends
your favorable consideration.
City Planning
And Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Mayor Tully. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 80.78
Resolution Approving the Final Plat of
Blocks 1,2,3,4,5, & 8 of Patricia Ann
Acres, in the City of Dubuque, Dubu-
que County, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as BLOCKS 1,2,8,4,5, & 6
OF PATRICIA ANN ACRES IN THE
CITY OF DUBUQUE, IOWA, by: D.
JAMES EDWARDS, husband, and
PATRICIA A. EDWARDS, his wife,
Owners, subject to easements of record
and according to the recorded plats
thereof of all of Lot 1 of 1 of 1 of Lot A,
Block 3 of "Parkland Ridge Subdivi-
sion"; and Lot 1 of l.tof "Duggan Farm",
except that portion included in Ease-
ment "A"; all in the City of Dubuque,
Dubuque County, Iowa; and
WHEREAS, upon said plat appear
streets to be known as Patricia Ann
Drive and Geraldine Drive together
with certain public utility easements
which the Owners, by said plat, have
dedicated to the City of Dubuque for the
public use; and
WHEREAS, said plat has been exam-
ined by the City Planning & Zoning Com-
mission and had its approval endorsed
thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they find
that the same conforms to statutes and
ordinances relating thereto, except that
street grades have not been established,
the streets brought to grade, or paving,
sewer or water installed;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the dedications of
Patricia Ann Drive and Geraldine Drive,
Adjourned Regular Session, March 13, 1978 101
lights in Blocks 1, 2, 3, 4, 5 & 6 of Patricia
Ann Acres Sub., presented and read.
Council Member Wertzberger moved
that the petition be referred to the City
Manager. Seconded by Mayor Tully.
Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
August 9, 1977
To the Honorable Mayor
and City Council
I hereby submit the plans and specif-
ications for the Central Avenue at 17th
Street Traffic Signal Improvements.
The project would tie thisintersection
into the centralized computer system,
for a more orderly traffic flow on Central
Avenue.
The total cost of the project is
$10,335.45, with 50°k participation by
the Iowa Department of Transportation.
Gilbert D. Chavenelle
City Manager
Mayor Tully moved that the com-
munication be received and filed. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
RESOLUTION NO. 81-78
Preliminary Approval of Plans,
Specs., eta for construction of Central
Avenue at 17th Street Traffic Signal Im-
provements, in the estimated amount of
$10,355.45, presented and read. Mayor
Tully moved adoption of the Resolution.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
(Necessity for Improvement)
RESOLUTION NO. 82.78
WHEREAS, proposed plans, specifi-
cations, and form of contract have been
duly prepared and approved by the City
Council of the City of Dubuque, Iowa,
and are now on file in the office of the Ci-
ty Clerk showing among other things
the following:
(1) The plan of such improvement
(2) An estimate of the cost of the im-
provement
for the construction of the Central Ave-
nue at 17th Street Traffic Signal Im-
provements.
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisable and necessary for the
public welfare to make the herein men-
tioned improvement, and unless proper-
ty owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk, objec-
tions to the amount of the cost of the im-
provement, they shall be deemed to
have waived all objections thereto.
Said improvements shall be construc-
ted and done in accordance with the
plans and specifications which have been
approved by the City Council and are
now on file with the City Clerk. That the
cost and expense of making said im-
provement will be paid from the Road
Use Tax.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 13th day of March,
1978.
Approved and placed on file for final
action.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Tully moved approval of the
Resolution. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
(FIXING DATE OF HEARING)
RESOLUTION NO. 8378
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its pre-
liminary approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the Ci-
ty Clerk for public inspection for the con-
struction of Central Avenue at 17th
Street Traffic Signal Improvement.
BE IT THEREFORE RESOLVED
that on the 3rd day of April, 1978, a pub-
lic hearing will be at 7:90 p.m. in the
Council Chamber of the City of Dubuque
at which time the objectors for the pro-
posed improvement may appear and
make objection to the proposed plans
and specifications, form of contract and
cost of said improvement, and the City
Clerk be and he is hereby directed to
cause a notice of time and place of such
hearing to be published in some news-
paper published in the City of Dubuque,
Iowa which shall be not less than four
days nor more than twenty days prior to
the day fixed for its consideration, and
the City Clerk be and he is hereby di-
rected to have published the notice of
pendency for said improvement, and the
City Clerk is hereby directed to adver-
tise for proposals to the contractors for
102 Adjourned Regular Session, March 13, 1978
the consideration of the above mention-
ed improvements.
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Tully moved adoption of the
Resolution. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
RESOLUTION NO. 84-78
Resolution Authorizing Execution of
Agreement Between City of Dubuque,
Iowa and Iowa Department of Trans-
portation Relating to the Slgnallzation
of 17th and Central Avenue.
That the Mayor and City Clerk be and
they are hereby authorized and directed
to execute agreement number 77-F-095
with the Iowa Department of Trans-
portation, two copies of which are at-
tached, relating to the signalization of
17th and Central Avenue.
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Tully moved adoption of the
Resolution. Seconded by Council Mem-
ber Farrell. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
February 8, 1978
To the Honorable Mayor
and City Council
Enclosed are the preliminary plans,
specifications and estimate for the East
22nd Street at Windsor Avenue School
Signals.
Gilbert D. Chavenelle
City Manager
Mayor Tully moved that the communi-
cation be received and filed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 85-78
Preliminary Approval of Plans,
Specs., etc. for construction of East 22nd
Street at Windsor Avenue School Sig-
nals, in estimated amount of $17,268.45,
presented and read. Mayor Tully moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
(Necessity RESOLUTION Improvement)
O. 86.78
6
WHEREAS, proposed plans, specifi-
cations, and form of contract have been
duly prepared and approved by the City
Council of the City of Dubuque, Iowa,
and are now on file in the office of the Ci-
ty Clerk showing among other things
the following:
(1) The plan of such improvement
(2) An estimate of the cost of the im-
provement
for the construction of East 22nd Street
at Windsor Avenue School Signals
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisable and necessary for the
public welfare to make the herein men-
tioned improvement, and unless proper-
ty owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk, objec-
tions to the amount of the cost of the im-
provement, they shall be deemed to
have waived all objections thereto.
Said improvements shall be con-
structed and done in accordance with the
plans and specifications which have been
approved by the City Council and are
now on file with the City Clerk. That the
cost and expense of making said im-
provement will be paid from the Road
Use Tax Fund.
The above resolution was introduced,
approved and placed on file with the City
Clerk this 13th day of March, 1978.
Approved and placed on file for final
action.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members -
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Tully moved approval of the
Resolution. Seconded by Council Mem-
Adjourned Regular Session, March 13, 1978 103
ber Farrell. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
(FIXING DATE OF HEARING)
RESOLUTION NO. 87.78
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its pre-
liminary approval on the proposed plans,
specifications, and form of contract and
P
laced same on file in the office of the Ci-
ty Clerk for public inspection for the
East 22nd Street at Windsor Avenue
School Signals.
BE IT THEREFORE RESOLVED
that on the 3rd day of April, 1978, a pub-
lic hearing will be at 7:30 p.m. in the
Council Chamber of the City of Dubuque
at which time the objectors for the pro-
posed improvement may appear and
make objection to the proposed plans
and specifications, form of contract and
cost of said improvement, and the City
Clerk be and he is hereby directed to
cause a notice of time and place of such
hearing to be published in some news-
paper published in the City of Dubuque,
Iowa which shall be not less than four
days nor more than twenty days prior to
the day fixed for its consideration, and
the City Clerk be and he is hereby di-
rected to have published the notice of
pendency for said improvement, and the
City Clerk is hereby directed to adver-
tise for proposals to the contractors for
the construction of the above mentioned
improvement.
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Tully moved adoption of the
Resolution. Seconded by Council Mem-
ber Brady. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
RESOLUTION NO. 88-78
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 oc-
cupied by such applicants were in-
spected and found to comply with the Or-
dinances of this City and have filed pro-
per bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the Ci-
ty of Dubuque, Iowa, that the Manager
be authorized to cause to be issued to the
following named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
Richard B. Winsor (Also Sunday Sales)
Bunker Hill Road
Dubuque Marina, Inc. (Also Sunday
Sales) Eagle Point Harbor
Dubuque Jaycees, Inc. (Also Sunday
Sales) 1023'/2 Main Street
CLASS "C" PEER PERMIT
Lucky Stores, Inc. (Also Sunday Sales)
1800 Elm Street
Lucky Stores, Inc. (Also Sunday Sales)
3033 Asbury Road
Lucky Stores, Inc. (Also Sunday Sales)
3049 Asbury Road
Passed, adopted, and approved this
lath day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo 1'. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 89-78
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rele-
vant thereto and they have filed proper
bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the Ci-
ty of Dubuque, Iowa, that the Manager
be authorized to cause to be issued to the
following named applicants a Liquor Li-
cense.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Fraternal Order of Eagles #568 (Also
Sunday Sales) 1175 Century Drive
104 Adjourned Regular Session, March 13, 1978
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
February 20, 1978
Honorable Mayor and Council Members
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on amendments to the City's
Zoning Ordinance relative to provisions
governing buildings, structures, or uses
owned or operated by the City of Dubu-
que, Iowa. A copy of the proposed
amendment is attached.
The Planning and Zoning Commission
has reviewed the proposed Section
3-103.8 and has determined that the
amendment is intended to clarify the ap-
plication of zoning standards to city -
owned or operated buildings, or uses. It
was noted that the City is presently con-
sidering acquisition, construction, or ex-
pansion of a number of public facilities
and the proposed amendment would pro-
vide that each building or site plan be re-
viewed by the Planning and Zoning Com-
mission and subject to approval by the
City Council.
In voting their approval of the new
Section 3-103.8, the Commission also
voted to delete subsection 3 of Section
4-102.2 to eliminate an inconsistency
that would be created by adoption of the
new section. The Planning and Zoning
Commission recommends your favor-
able consideration.
City Planning
And Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Mayor Tully. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
AN ORDINANCE of the City of Du-
buque, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by enacting a new Section 3-103.8
of Article III to clarify the application of
Zoning Regulations to city owned or op-
erated buildings, structures or uses; and
further, to repeal subsection 3 of Section
4-102.2 of Article IV to eliminate dupli-
cation of ordinance provisions, pre-
sented and read. Council Member
Wertzberger moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Mayor
Tully. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Council Member Wertzberger moved
that the rule requiring an Or to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Council Member Wertzberger moved
that a public hearing be held on the Or-
dinance on April 3, 1978 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be instruc-
ted to publish notice of the hearing in the
manner required by law. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
February 20, 1978
Honorable Mayor
and Council Members
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on a petition submitted by the
Area VIII Agency on Aging and Project
Concern requesting Office -Residential
District classification on property lying
on the north side of Emmett Street to
permit their agencies to operate admin-
istrative offices and associated uses
serving elderly citizens. The building on
the subject property are the former
school and convent affiliated with St.
Raphael's Cathedral. The property,
which is shown on the attached map, is
currently zoned R-4 Residential District.
In reviewing this petition the Plan-
ning and Zoning Commission has made
the following determinations: that the
OR -1 Office -Residential District class-
ification is consistent with the general
plan which proposed high-density multi -
residential for the Cathedral area; that it
is in harmony with the Zoning on Bluff
Street; that it provides a gradual transi-
tion zone from the commercial uses on
Adjourned Regular Session, March 13, 1978 105
the east to the mixed residential dis-
tricts on the west; and that the proposed
use or redevelopment under the OR -1
District classification would be compa-
tible with adjoining uses and that suffi-
cient off-street parking for such uses
could be provided.
The Planning and Zoning Commission
has voted to approve the reclassification
of the Emmett Street property to OR -1
Office -Residential District, and recom-
mends your concurrence in their deci-
sion.
City Planning
And Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Mayor Tully. Carried
by the following vote:
Yeas — Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
AN ORDINANCE of the City of Du-
buque, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by reclassifying "City Lot 603 and
City Lot 602A in the City of Dubuque,
Iowa" located on the north side of Em-
mett Street between St. Mary's Street
and Bluff Street from R-4 Residential
District Classification to OR -1 Office -
Residential District Classification,
presented and read. Council Member
Wertzberger moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Mayor
Tully. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Council Member Wertzberger moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Council Member Wertzberger moved
that a public hearing be held on the Or-
dinance on April 3, 1978 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be instruc-
ted to publish notice of the hearing in the
manner required by law. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas --Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
February 27, 1978
Honorable Mayor and City Council
Some time ago, various petitions be-
fore the City Council had been submit-
ted concerning the fact that separate pe-
titions for voluntary annexation had
been presented to the Council and some
were held in abeyance upon the advice of
the City Attorney's office.
At some time past, there had been a
reservation expressed by the City De-
velopment Board concerning the volun-
tary annexations, and a review of this
matter with the City Development
Board as well as with the Assistant At-
torney General in charge of this matter
has led to the conclusion that there is no
present foreseeable obstruction to the
granting of the petition for voluntary an-
nexation.
Accordingly, it is the recommenda-
tion of the City Attorney's Office that
the City Council of the City of Dubuque,
Iowa is in a position to act favorably up-
on the respective petitions for voluntary
annexation as the sole discretion of the
City Council may dictate.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the communication be received and
filed and be made a matter of record.
Seconded by Mayor Tully. Carried by
the following vote:
Yeas — Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Application of Schiltz Development
Corporation and Sisters of the Presenta-
tion requesting annexation of approx.
94.44 acres described as Lot 3 of Byrne's
Subd. and Lot 2 of the SW'/4 of the
NW 44 and Lot 2 of the NW 44 of the
SW'/4 in Section 28 T89N R2E of 5th
P.M. in Dubuque County, except the
southerly 50 ft. thereof, presented and
read. Council Member Wertzberger
moved that the annexation be approved.
Seconded by Mayor Tully. Carried by
the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Council Member King moved that the
Planning & Zoning Commission be di-
rected to consider plat and work out
language with Subdivider possible re-
strictive covenants that a by-pass is pro-
posed in the area. Seconded by Mayor
Tully. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
106 Adjourned Regular Session, March 13, 1978
RESOLUTION NO. 90.78
WHEREAS, the owners of an area ap-
proximately 94.44 acres in size lying im-
mediately westerly of the city limits of
the City of Dubuque, Iowa, have now vol-
untarily petitioned the City Council for
annexation of their property to the City
of Dubuque, Iowa; and
WHEREAS, the inhabitants of said
territory will be enabled to secure the
benefits of city government in the way of
police and fire protection if said ter-
ritory is incorporated within the city
limits of the City of Dubuque, Iowa; and
WHEREAS, the inhabitants of said
territory will be enabled to secure wa-
ter, and other municipal services of said
territory if incorporated within the city
limits of the City of Dubuque, Iowa; and
WHEREAS, Chapter 368, Code of Io-
wa (1977) authorizes the extension of ci-
ty limits in situations of this character
by the adoption of a resolution therefor;
and
WHEREAS, the future growth, de-
velopment, and preservation of the pub-
lic health of the City of Dubuque, Iowa,
makes it imperative that said territory
be made a part of the City of Dubuque,
Iowa,
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the territorial limits
of the City of Dubuque, Iowa be and they
are hereby extended to include area com-
prising the following described real estate
Lot 3 of Byrne's Subdivision, Dubu-
que County, Iowa; and Lot 2 of the
SW 1/4 of the NW 1/4 in Section 28,
Township 89 North, Range 2 East, of
the 5th P.M. in Dubuque. County,
Iowa; and Lot 2 of the NW'/4 of the
SW 1/4 in Section 28, Township 89
North, Range 2 East of the 5th P.M. in
Dubuque County, Iowa, EXCEPT the
southerly 50 ft. thereof (1.60 acres)
located in the Illinois Central Rail-
road right-of-way.
The property to be annexed is as
shown on the plat marked Exhibit "A"
attached hereto, and by this reference
made a part hereof, the boundaries of
said area being outlined in red thereon.
Section 2. The territory hereby an-
nexed shall become and be part of the
Twentieth Voting Precinct to the City of
Dubuque, Iowa.
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Application of Dale W. and Beverly J.
Stierman requesting annexation of Lot 2
of Lot of Lot of Lot of Lot 7 North in
Re -Subdivision of Part of Shipton's Ad-
dition, consisting of approx. 1.04 acres,
presented and read. Council Member
Wertzberger moved that the annexation
be approved. Seconded by Mayor Tully.
Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 91-78
WHEREAS the owners of an area ap-
proximately 1.04 acres in size lying in
the north portion of the City of Dubuque,
Iowa and immediately contiguous to the
City of Dubuque by its boundaries on the
west side, now voluntarily petition to
the City Council for annexation of their
property to the City of Dubuque, Iowa;
and
WHEREAS the Inhabitants of said
premises will be enabled to secure the
benefits of city government if said pro-
perty is incorporated within the limits of
the City of Dubuque, Iowa, to wit, the
benefits of police and fire protection and
the securing of sewer and other munic-
ipal services; and
WHEREAS Chapter 368 of the Code
of Iowa, as amended, authorized the ex-
tension of city limits under such cir-
cumstances by adoption of a Resolution
therefore; and
WHEREAS the future growth, order-
ly development and preservation of the
public health of the City of Dubuque,
Iowa make it imperative that said
premises be made a part of the city of
Dubuque, Iowa;
NOW THEREFORE BE IT RE -
BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA AS
FOLLOWS:
Section 1. That the territorial limits
of the City of Dubuque, Iowa be, and
they hereby are, extended to include the
area comprised of the following des-
cribed real estate:
Lot 2 of Lot 1 of Lot of Lot of Lot
north in Re -Sub -division of Part of
Shipton's Addition, Dubuque County,
Iowa, according to the recorded plats
thereof, subject to easements of re-
cord
(Said property being shown upon the
Adjourned Regular Session, March 13, 1978 107
plat attached hereto, marked Exhibit
"A" and by this reference made a part
hereof, the boundaries of which proper-
ty are outlined in red thereon.)
Section 2. That the premises herein
annexed shall become a part of the 24th
voting precinct in the City of Dubuque,
Iowa.
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
March 6, 1978
Honorable Mayor and City Council
On December 9, 1977, Iowa North-
western Development Corporation com-
menced an action agianst the City of Du-
buque, Iowa in the District Court of
Iowa, in and for Dubuque County, being
Equity No. 82702 seeking a review of the
Council action at its meeting of Novem-
ber 21, 1977, in which it disapproved
Plaintiff's plat of a parcel of property in
the Arbor Oaks Subdivision in the City
of Dubuque, Iowa.
You will recall that the Council had a
public hearing at the time it disapproved
the plat and the Council gave reasons for
the disapproval of same and did refer the
matter back to the Planning and Zoning
Commission for appropriate action.
Thereafter, this appeal ensued.
This matter was tried to the court on
the 3rd day of March, 1978, and the Dis-
trict Court, in and for Dubuque County,
Honorable Karl Kenline presiding, en-
tered a decree and judgment dismissing
Plaintiff's appeal at Plaintiff's costs.
This concludes the matter at this
level. A copy of the judgment and decree
is attached hereto.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the communication be received and
filed and made a matter of record. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Communication of Rachel Maerschalk
submitting her resignation from the Air-
port Commission, presented and read.
Council Member Wertzberger moved
that the resignation be accepted with
regret. Seconded by Mayor Tully. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
March 8, 1978
To the Honorable Mayor and
Members of City Council
The City of Dubuque is presently so-
liciting proposals from firms desiring to
be selected as the redeveloper to devel-
op a program for the purchase and/or
lease of downtown land.
The land marketing documents set
forth specific parcels of land together
with appropriate unit prices. In addition
to these specified parcels, it would ap-
pear that certain rights-of-way within
the downtown area may need to be va-
cated to accommodate a totally enclosed
retail complex as contemplated by the
two proposals presently under con-
sideration.
No values for the rights -of -ways have
yet been established. Additionally, by
combining all of the various parcels in-
cluding the vacated rights-of-way, there
may be created a different value for the
land offered as a single package as com-
pared to individual unit prices on a par-
cel by parcel sale. As a single package
the land value may be somewhat lower,
but in turn the capital cost of the im-
provements would be greater with land
coverage.
We propose that an addendum in the
form attached, be provided each firm
now in possession of the land marketing
documents. This addendum provides
that the value of the land will be deter-
mined by an independent appraiser dur-
ing the negotiation stage at the time the
redevelopment land package is known.
We have selected the Iowa Appraisal
and Research Corp. of Des Moines to be
the appraiser for this purpose. This firm
is professionally recognized throughout
the midwest and provided the reuse ap-
praisals for the urban renewal land in
1969 and updated their findings in 1974.
All of the land sold to date has been
based upon their estimation of value as
concurred in by the federal government.
We would request your approval to is-
sue this addendum immediately as all
bids are due March 17.
Gilbert D. Chavenelle
City Manager
CITY OF DUBUQUE
INVITATION FOR PROPOSALS
ADDENDUM
The City of Dubuque is soliciting pro-
posals for the purpose of selecting a re-
y!,
{
108 Adjourned Regular Session, March 13, 1978
developer to develop a program for the
purchase
and/or lease of an area within
the central business distrct for rede-
velopment thereon of a retail shopping
complex. Such proposals must be re-
ceived in the office of the City Manager
at City Hall, 13th & Central, Dubuque,
Iowa no later than 10 AM O'Clock on
March 17, 1978.
The invitation for Proposals as well as
other various bid documents set forth
each parcel individually together with
an appropriate unit and total price. The
final redevelopment land package may
include certain vacated public rights-of-
way, and the land to be disposed as a
package may be of different value as
compared to the individual prices on a
parcel by parcel basis.
The purpose of this addendum is to de-
lete from the contract documents the re-
quirement at this time that the rede-
veloper agree to purchase and/or lease
the land at the prices stated in the bid
documents. Instead the redeveloper will
be required to purchase and/or lease the
land at a value to be determined by an in-
dependent appraiser at the time the
redevelopment land package is known.
This Fair Market Value will be estab-
lished by the .Iowa Appraisal and
Research Corp. of Des Moines, Iowa.
This firm has provided values upon
which all urban renewal land has beeq
sold to date. Disposition Form 3 is
therefore amended to read:
"2. ACKNOWLEDGEMENT OF CON-
DITIONS
The Offeror having become familiar
with the present conditions in the pro-
ject area and with the above identified
Contract Documents offers and agrees
to enter into a Developer Designation
Agreement with the City for a period of
twelve months, and in accordance with
the terms of the Developer Designation
Agreement to enter into a Contract for
Sale of Land for Private Development
and/or Lease of Land for Private Rede-
velopment; subject, however, to the con-
ditions contained in the Developer
Designation Agreement.
The Offeror agrees to purchase/lease
Disposition Parcels 12-1, 12-2, 12-3, 12-4,
13, 14 and 17 together with any other
land to be included as a part of the trans-
action at its Fair Market Value for rede-
velopment purposes in accordance with
the Contract for Sale of Land for Private
Redevelopment and/or Lease of Land
for Private Redevelopment. Said value
shall be determined by the Iowa Ap-
praisal and Research Corporation of Des
Moines, Iowa, at the time the land to be
transferred to the developer is finally
determined.
Rental rates per square foot will be
determined at the time of the execution
of the lease and will be computed upon a
return on the capital value of the land at
not less than the New York prime rate of
interest, full real estate taxes, and any
carrying charges and expenses attrib-
utable to financing the capital value of
the land."
March 13, 1978
Leo F. Frommelt
City Clerk
Council Member Brady moved to
table the request. MOTION DIED FOR
LACK OF A SECOND.
Council Member Wertzberger moved
that the request be approved. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas — Council Members Farrell,
King, Wertzberger.
Nays—Council Member Brady.
Abstain — Mayor Tully.
March 8, 1978
Honorable Mayor and
City Council
I am returning to you the petition of
Thomas D. Felderman and Richard S.
Smith for the purchase of city land east
of their building at 550 West Eighth
Street.
The transaction has been held up
pending a zoning change as to the use of
their building. The zoning change has
been made.
I have discussed the request with the
petitioners and they agree with the fol-
lowing terms and conditions:
1. That the west 42 feet of the north 49
feet of Lot 48, Coriell's Addition (approx-
imately 2,056 square feet) be subdivided
and conveyed to the petitioners for $400;
2. That the city retain an easement ov-
er the plot to obtain access to and service
the bluff;
3. That the parking plot plan and lot
screening be subject to approval of the
city planning staff;
4. That the curb cut and drive en-
trance be approved by the City En-
gineer;
5. That the petitioners have the plat
surveyed and pay for the survey;
6. That the petitioner pay the costs of
advertising and recording.
Gilbert D. Chavenelle
City Manager
Mayor Tully moved that the com-
munication be referred for proper pro-
ceedings. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Adjourned Regular Session, March 13, 1978 109
March 8, 1978
To the Honorable Mayor
and City Council
Attached is an agreement covering
the proposed resurfacing of the Julien
Dubuque Bridge this summer.
The agreement stipulates the allow-
able working hours for the contractor,
and provides that the cities of Dubuque
and East Dubuque furnish police assis-
tance during the construction. The ci-
ties' cost of providing such assistance
shall be reimbursed by the State's con-
tractor.
The police departments of both cities
have reviewed and concurred with the/
program of traffic regulation set forth in
the agreement.
Attached is a resolution which au-
thorizes the Mayor to sign the agree-
ment on behalf of the City Council.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 92.78
Resolution Authorizing Execution of
Agreement Between City of Dubuque,
Iowa and Iowa Department of Trans-
portation Relating to the Resurfacing
of Julien -Dubuque Bridge.
That the Mayor and City Clerk be and
they are hereby authorized and directed
to execute agreement number 78-6-029
with the Iowa Department of Transpor-
tation, two copies of which are attached,
relating to the resurfacing of Julien -Du-
buque Bridge.
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
March 8, 1978
Honorable Mayor and
Members of City Council
The U.S. Department of Housing and
Urban Development in processing Du-
buque's application for 100 additional
units of Section 8 Existing Housing, has
requested that the City proceed with the
public hearing as prescribed by Section
403A.28 of the Iowa Code.
The hearing is for the purpose of of-
ficially notifying the public of the
pendency of the particular program and
to receive their comments.
We would request your adoption of
the enclosed resolution at the March 13
meeting to set a public hearing on April
3, 1978.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 93-78
Authorizing ton 0 Notice Publication f N i
ceot
Public Hearing and Setting Date to
Consider Citizen Input Regarding Ap•
plication for Section 8 Existing Hous-
ing Program
WHEREAS, the City of Dubuque, Io-
wa filed an application, dated February
7, 1978, to the U.S. Department of Hous-
ing and Urban Development for one -
hundred (100) units of Section 8 Existing
Housing; and
WHEREAS, Chapter 403A.28, as
amended, of the Code of Iowa, requires
the City to hold a Public Hearing before
implementation of the project applied
for; and
WHEREAS, the U.S. Department of
Housing and Urban Development re-
quires that all local, state and federal
laws be complied with in order for the Ci-
ty of Dubuque's application to be pro-
cessed; and
WHEREAS, it is deemed to be in the
best interest of the City of Dubuque's
Public Housing Program to hold a public
hearing on the matter;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and
he is hereby authorized and directed to
publish notice of a Public Hearing in a
newspaper of general circulation within
the City of Dubuque, Iowa at least fif-
teen (15) days prior to the date set for the
hearing in the form of Exhibit "A" at-
tehed hereto and made a part hereof;
Section 2. That the City Council will
hold such Public Hearing on April 3,
1978, 7:30 PM, in City Hall Council
Chambers, Dubuque, Iowa.
i.
110 Adjourned Regular Session, March 13, 1978
Passed, adopted, and approved this
13th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
Notice of Public Housing
The City of Dubuque, Iowa seeks the
views of interested citizens regarding an
application, dated February 7, 1978 to
the U.S. Department of Housing and Ur-
ban Development for 100 units of Sec-
tion 8 Existing Housing.
A copy of said application, as executed
by the Mayor of the City of Dubuque,
and other pertinent data, is on file and
available for inspection by interested
citizens at the Department of Communi-
ty Development, 480 Fischer Building,
Dubuque, Iowa 52001 between the hours
of 8:00 AM and 5:00 PM, except Satur-
days, Sundays and holidays. Additional
information may be obtained from Dan-
iel Dittemore or Karl Kohnen of the
Department by calling (319) 588-1866.
The public hearing will be held at City
Hall Council Chambers, 13th and Cen-
tral, Dubuque, Iowa 52001, at 7:30 PM on
April 3, 1978. Any person or organiza-
tion desiring to be heard will be given an
opportunity to express their views.
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Dubuque Five
Flags Center Commission submitting
minutes of their meeting of March 7,
1978, presented and read. Council Mem-
ber Wertzberger moved that the min-
utes be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Playground and
Recreation Commission submitting min-
utes of their meeting of February 20,
1978, presented and read. Council Mem-
ber Wertzberger moved that the min-
utes be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Planning & Zoning
Commission submitting minutes of their
meeting of February 15, 1978, presented
and read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady,. Farrell, King, Wertzberger.
Nays -none.
Communication of Housing Reha-
bilitation Commission submitting
minutes of their meeting of February 28,
1978, presented and read. Council Mem-
ber Wertzberger moved that the min-
utes be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Dubuque Housing
Code Review Committee submitting
minutes of their meeting of February 22,
1978, presented and read. Council Mem-
ber Wertzberger moved that the min-
utes be received and filed. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Board of Dock
Commissioners submitting minutes of
their meeting of February 1 and Febru-
ary 10, 1978, presented and read. Coun-
cil Member Wertzberger moved that the
minutes be received and filed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Airport Commis-
sion submitting minutes of their meet-
ing of February 16, 1978, presented and
read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Housing Commis-
sion submitting minutes of their
meeting of February 21,1978, presented
and read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Citizens Advisory
Commission submitting minutes of their
Adjourned Regular Session, March 13, 1978 111
meeting of February 28, 1978, presented
and read. Council Member Wertzberger
moved that the minutes be received an
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger
Nays - none.
Communication of Cable TV Commis-
sion
ommis
sion submitting minutes of their meet-
ing of January 10 and February 7, 1978,
presented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Community Devel-
opment submitting a resume of the
Washington Tool Library, presented
and read. Council Member Wertzberger
moved that the communication be re-
ceived and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Communication of City Manager sub-
mitting reports of City Treasurer, Fi-
nance Director, Water Superintendent,
Health Department, also list of claims
for January, 1978, presented and read.
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Proof of Publication, certified to by
the Publisher, of Receipts and Dis-
bursements for the month of January,
1978, presented and read. Council Mem-
ber Wertzberger moved that the proof
of publication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of City Manager ad-
vising that the petition of Peter J. Takos
Jr. for vacation of an alley abutting the
garage property on 4th St. of the Water
Department has been withdrawn, pre-
sented and read. Council Member
Wertzberger moved that the communi-
cation be received and filed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Printed Council Proceedings for the
months of September, October and No-
vember, 1977, presented for approval.
d Council Member Wertzberger moved
that the Council Proceedings be ap-
proved as printed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Zoning Adminis-
trator submittinga list of conditional use
permits granted by the Zoning Board of
Adjustments, presented and read. Coun-
cil Member Wertzberger moved that the
communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Communication of Peoples Natural
Gas advising of an average gas rate in-
crease of 5.22% effective March 31,
1978, presented and read. Council Mem-
ber Wertzberger moved that the com-
munication be received and filed. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays -none.
Proof of Publication, certified to by
the Publisher, of acceptance of the Fed-
eral Government of the annual perfor-
mance report on February 10, 1978, pre-
sented and read. Council Member
Wertzberger moved that the proof of
publication be received and filed. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays none.
Notice of Claim of Wayne E. Gruben,
in an undetermined amount, for real pro-
perty damage incurred as the result of a
ruptured water main at 2192 Fairway
Drive on February 10, 1978, presented
and read. Council Member Wertzberger
moved that the Notice of Claim be refer-
red to the City Attorney for investiga-
tion and report. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas -Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Notice of Claim of Rose Perrigo, by
Attorney Timothy J. Gallagher, in the
amount of $49.50, for personal injuries
received in a fall on a snowy sidewalk on
January 13, 1978 at 16th & Locust
Streets, presented and read. Council
Member Wertzberger moved that the
Notice of Claim be referred to the City
Attorney for investigation and report.
112 Adjourned Regular Ses
sion, March 13, 1978
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of Betty J. Guenther,
in the amount of $10,000., for personal in-
juries received in a fall in a snowbank at
the County Courthouse on December 28,
1977, presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City At-
torney for investigation and report.
Seconded by Council Member Farrell.
Carried by the fallowing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of Teleprompter Ca-
ble TV placing the City on notice as to
any liability exposure involved in the
personal injury accident of Bernice Os-
trander which happened on the sidewalk
in front of Teleprompter on November
30, 1977, presented and read. Council
Member Wertzberger moved that the
communication be referred to the City
Attorney for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of Mrs. Evelyn Moots,
in the amount of $2500., for personal in-
juries received in a fall on an icy side-
walk at 1209 Main Street in front of Hal-
tenhoff Florist on January 12, 1978, pre-
sented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Attorney
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of Willard J. Daugher-
ty, in the amount of $52.05, for personal
injuries received in a fall at 10th & Bluff
on an icy sidewalk on February 27, 1978,
presented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Attorney
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice and Petition before the Iowa
Industrial Commission in the case of
Carl J. Meyer for personal injuries re-
ceived while working for the City in
1976, employed under CETA Program,
presented and read. Council Member
Wertzberger moved that the Notice and
Petition be referred to the City At-
torney for investigation and report. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of Mrs. Don Lenstra,
in the amount of $14.97, for personal pro-
perty damage incurred at the Flora Park
Barn on March 2, 1978, presented and
read. Council Member Wertzberger
moved that the Notice of Claim be re-
ferred to the City Attorney for in-
vestigation and report. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of V.F.W. requesting permis-
sion to conduct their annual Buddy Pop-
py Sale on May 19th & 20th, presented
and read. Council Member Wertzberger
moved that the request be approved sub-
ject to City Manager. Seconded by Coun-
cil Member Farrell. Carried by the fol-
lowing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of Colts Drum & Bugle Corps
requesting permission to paint house
numbers on curbings after residents
agree, as a type of fund raiser; Also com-
munication of City Manager recommen-
ding denial of request, presented and
read. Council Member Wertzberger
moved that the City Manager's recom-
mendation of denial be approved. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of Dubuque Downtown Ass'n.
requesting that parking be allowed on
Sunday in the area bounded by 9th
Street south, 10th Street north and on
west side of Main Street in the Bus Stop
areas, presented and read. Council
Member Wertzberger moved that the
petition be referred to the City Manager
and Traffic Department. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of Peoples Natural Gas re-
questing permission to excavate in the
1800 Block of Rhomberg Ave., presented
and read. Council Member Wertzberger
moved that the request be approved. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Adjourned Regular Session, March 13, 1978 113
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Petition of D.A.V. requesting permis-
sion to conduct Forget Me Not Days on
August 9th & 5th, presented and read.
Council Member Wertzberger moved
that the request be approved subject to
coordination of the City Manager. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Petition of Alpha Phi Omega (Loma
College) requesting permission to spon-
sor the annual "Shamrocks for Dys-
trophy" Drive on March 18, 1978, pre-
sented and read. Council Member Wert-
zberger moved that the request be ap-
proved subject to coordination of the Ci-
ty Manager. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of Mettel Realty & Invest-
ment Co. requesting permission to in-
stall underground cable for street
lighting in Creston Street, presented
and read. Council Member Wertzberger
moved that the petition be referred to
the City Manager and Electrical Inspec-
tor. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Petition of Lorraine Muenster re-
questing voluntary annexation of Lot 2
of 1 of 3 of Mineral Lot 501 and 500 and
Lot 2 of 2 of Mineral Lot 501 in Section 1
T88N R2E (Old Mill Road), presented
and read. Council Member Wertzberger
moved that the petition be referred to
the City Manager and Staff. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
February 15, 1978
Honorable Mayor & City Council
This City has been notified that on Ap-
ril 19,1977, Mrs. Charles Robinson, 2655
Anamosa, this city, filed claim against
Dubuque County in the amount of
$64.33, claiming damages to her motor
vehicle on April 14,1977, as the result of
striking a chuck hole in the traveled por-
tion of the Cedar Cross Road near the
Hart Body Shop which was not barricad-
ed.
This matter was investigated by Du-
buque County and the City Attorney,
and they find said roadway is a county
roadway and was under repair contract
by both the City and the County and that
the City bore the responsibility of the
work and engineering inspection. Should
a lawsuit be filed in this matter, the City
could be brought in as a cross-defendant.
An offer of settlement in the amount of
$64.33 has been received with the Coun-
ty contributing one-half thereto and the
City contributing one-half, and Dubuque
County has billed the City for said one-
half contribution.
It is therefore the recommendation of
the City Attorney that the City Auditor
be directed to draw warrant payable to
Dubuque County, Iowa in the amount of
$82.16 and transmit the same to the City
Attorney for delivery upon receipt of du-
ly executed releases.
Copy of Dubuque County billing to-
gether with communication of the Du-
buque County Attorney is hereto attach-
ed.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
February 21, 1978
Honorable Mayor & City Council
Claim was filed against the City of Du-
buque on January 18,1978, by James E.
Mitchell, Sr. of 3232 Sheridan Road, Du-
buque, in the amount of $41.77 and claim-
ing said damages occurred to his motor
vehicle on January 7, 1978, as the result
of striking a chuck hole in the street on
JFK Road in front of Shike-Richard-
son's, and alleging said damages con-
sisted of misalignment of his motor vehi-
cle and a flat tire.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant. Claim-
ant has made an offer of settlement in
this matter in the amount of $40.00; and
in view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and the
City Auditor be instructed to issue war-
rant payable to James E. Mitchell, Sr. in
the amount of $40.00 and transmit same
to the City Attorney for delivery upon
receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the recommendation of settlement
be approved and City Auditor directed
to issue proper warrant. Seconded by
114 Adjourned Regular Session, March 13, 1978
Council Member Farrell. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
February 22, 1978
Honorable Mayor & City Council
Claim was filed against the City of Du-
buque on January 13,1978, by Beverly J.
Spahn of 1941 Madison Street, Dubuque,
in the amount of $94.88 and claiming said
damages occurred to her motor vehicle
on ,January 8,1978, as the result of strik-
ing a chuck hole in the street on JFK
Road in front of Shike-Richardson's, and
alleging said damages consisted of
misalignment of her motor vehicle and
two slit tires.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant. The
claimant has made an offer of settlement
in this matter in the amount of $75.00;
and in view of the foregoing, it is the
recommendation of the City Attorney
that said offer of settlement be accepted
and the City Auditor be instructed to is-
sue warrant payable to Beverly J. Spahn
in the amount of $75.00 and transmit
same to the City Attorney for delivery
upon receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
February 22, 1978
Honorable Mayor & City Council
Claim was filed against the City of Du-
buque on January 9, 1978, by Sybil J.
Schroeder of 1818 Vizaleea Drive, Du-
buque, in an undetermined amount
claiming said damages occurred to her
motor vehicle on January 8, 1978, as the
result of striking a chuck hole in the
street on JFK Road in front of Shike-
Richardson's, and alleging said damages
consisted of a ruined tire, bent rim and
misalignment of her motor vehicle.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant. Claim-
ant has made an offer of settlement in
this matter in the amount of $98.36; and
in view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and the
City Auditor be instructed to issue war-
rant payable to Sybil J. Schroeder in the
amount of $98.36 and transmit same to
the City Attorney for delivery upon re-
ceipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
February 22, 1978
Honorable Mayor & City Council
Claim was filed against the City of
Dubuque on January 10, 1978, by James
A. Crippes of 1862 Churchill Drive, Du-
buque, claiming damages to his motor
vehicle on January 8, 1978, occurring as
the result of striking a chuck hole in the
street on JFK Road in front of Shike-
Richardson's and alleging said damages
consisted of a flat tire, bent rim and
misalignment of his motor vehicle.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant, and
finds that claimant's repair costs for said
damages were in the amount of $111.59.
Claimant has made an offer of settle-
ment in the amount of $82.24; and in view
of the foregoing, it is the recommenda-
tion of the City Attorney that said offer
of settlement be accepted and the City
Auditor be instructed to issue warrant
payable to James A. Crippes in the
amount of $82.24 and transmit same to
the City Attorney for delivery upon re-
ceipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
February 15, 1978
Honorable Mayor & City Council
Mr. Fred Appel of 1890 Bennett
Street has filed a claim against the City
of Dubuque in the amount of $316.52
claiming the police forced their way into
an apartment at 347 E. 19th St. in which
an alleged suspect was hiding; and as a
result, broke down the door, the door
jamb and the light.
This matter was referred to the City
Attorney who has made an investigation _
of same and has conferred with the
claimant, and the claimant has made an
Adjourned Regular Session, March 13, 1978 115
offer of settlement in the amount o
$316.52. In view of the foregoing, itis th
recommendation of the City Attorney
that said offer of settlement be accepted
The City Auditor should be instructed to
draw warrant payable to Fred Appel in
the amount of $316.52 and transmit the
same to the City Attorney for deliver
upon receipt of appropriate releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none. February 22, 1978
Honorable Mayor & City Council
Claim was filed against the City of Du-
buque on January 10, 1978, by Ervin H.
Spahn of 3381 Kimberly Drive, Dubu-
que, in the amount of $109.48 and claim-
ing said damages occurred to his motor
vehicle on January 8, 1978, as the result
of striking a chuck hole in the street on
JFK Road in front of Shike-Richard-
son's, and alleging said damages con-
sisted of misalignment of his motor vehi-
cle, a bent rim and a ruined tire.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the Claimant. Claim-
ant has made an offer of settlement in
this matter in the amount of $75.00; and
in view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and the
City Auditor be instructed to issue war-
rant payable to Ervin H. Spahn in the
amount of $75.00 and transmit same to
the City Attorney for delivery upon re-
ceipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none. February 20, 1978
Honorable Mayor & City Council
Claim was filed against the City of
Dubuque on January 22,1978, by Norma
J. Mills of R. R. #1, Box 42, Dubuque, in
the estimated amount of $96.79 and
claiming said damages occurred to her
motor vehicle on January 14,1978, as the
result of striking a chuck hole in the
f street on JFK Road in front of Shike-
Richardson's, and alleging said damages
consisted of a bent rim and cracked snow
tire.
o This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant. Claim-
anty has made an offer of settlement in
this matter in the amount of $75.00; and
in view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and the
City Auditor be instructed to issue war-
rant payable to Norma J. Mills in the
amount of $75.00 and transmit same to
the City Attorney for delivery upon re-
ceipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
February 17, 1978
Honorable Mayor & City Council
Claim was filed against the City of Du-
buque on January 24, 1978, by Duane
Francis Brown of 2535 Woller, this city,
in the estimated amount of $81.85 and
claiming said damages occurred to his
motor vehicle on January 8, 1978, as the
result of striking a chuck hole in the
street on JFK Road in front of Shike-
Richardson's, and alleging said damages
consisted of a ruined tire, mag rim and
misalignment of the vehicle.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant. Claim-
ant has made an offer of settlement in
this matter in the amount of $70.00; and
in view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and the
City Auditor be instructed to issue war-
rant payable to Duane Francis Brown in
the amount of $70.00 and transmit same
to the City Attorney for delivery upon
receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
116 Adjourned Regular Session, March 13, 1978
emuary
Honorable Mayor & City Council
Claim for a broken left rear spring in
the amount of $55.00 was filed against
the City of Dubuque on February 9,
1978, by John Schneider of 1603 Rhom-
berg. Claimant alleges said damages oc-
curred on January 30,1978, as the result
of striking a chuck hole between llth
and 12th Streets in the alley between
White Street and Central Avenue.
This matter was referred to the City
Attorney who has investigated same
and has checked with the City Street
Commissioner and finds that there is no
negligence on the part of the City. In
view of the foregoing, it is the recom-
mendation of the City Attorney that the
above claim be denied for the reason that
said alley was in reasonable good condi-
tion for travelling at a normal driving
speed.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the recommendation of denial be ap-
proved. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
February 27, 1978
Honorable Mayor & City Council
Claim was filed against the City of Du-
buque on January 23, 1978, by Timothy
P. Lassance of 847 Kane, this city, in the
estimated amount of $63.91 and claiming
said damages occurred to his motor vehi-
cle on January 8, 1878, as the result of
striking a chuck hole in the street on
JFK Road in front of Shike-Richard-
son's, and alleging said damages con-
sisted of a bent rim, ruined tire and
misalignment of his motor vehicle.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant. Claim-
ant has made an offer of settlement in
this matter in the amount of $63.01; and
in view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and the
City Auditor be instructed to issue war-
rant payable to Timothy P. Lassance in
the amount of $63.01 and transmit same
to the City Attorney for delivery upon
receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the recommendation of settlement
be approved and City Auditor directed
to issue proper warrant. Seconded by
Council Member Farrell. Carried by the
following vote:
Y•: —Mao T:11, Co' 1 Me -
bers Brady, Farrell, King, Wertzberger.
Nays—none.
February 27, 1978
Honorable Mayor & City Council
Claim was filed against the City of
Dubuque on January 19, 1978, by Fred
Schilt of 2597 Dove Street, this city, in
the amount of $13.18 and claiming said
damages occurred to his motor vehicle
on January 8, 1978, as the result of strik-
ing a chuck hole in the street on JFK
Road in front of Shike-Richardson's, and
alleging said damages consisted of a
bent rim and flat tire.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant. Claim-
ant has made an offer of settlement in
this matter in the amount of $13.17; and
in view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and the
City Auditor be instructed to issue war-
rant payable to Fred Schilt in the
amount of $13.17 and transmit same to
the City Attorney for delivery upon
receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
March 1, 1978
Honorable Mayor & City Council
On February 13,1978, Patrick E. Wal-
ter of 1018 W. 5th, this city, filed claim
against the City of Dubuque in the
amount of $60.00 and alleging said dam-
ages occurred to his motor vehicle on
February 11, 1978 as the result of strik-
ing a hole in the street at West 8th near
the Telegraph -Herald and damaging the
tire on said vehicle.
This matter was referred to the City
Attorney who has made an investigation
of same and has conferred with the
claimant, and claimant has made an offer
of settlement in the amount of $50.00. In
view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and that
the City Auditor be instructed to draw
warrant payable to Patrick Walter in
the amount of $50.00 and transmit the
same to the City Attorney for delivery of
appropriate releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Adjourned Regular Session, March 13, 1978
Council Member Wertzberger moved
that the 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Petition of CROP Hunger Walk re-
questing permission to conduct their an-
nual walk on April 30, 1978, presented
and read. Council Member Farrell
moved that the petition be tabled for one
week. Seconded by Council Member
Brady. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
There being no further business,
Mayor Tully moved to adjourn. Second-
ed by Council Member Wertzberger.
Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Leo F. Frommelt
City Clerk
Approved
Adopted
1978
1978
117
ATTEST:
Council Members
City Clerk
118 Special Session, March 20, 1978
CITY COUNCIL
OFFICIAL.
Special Session, March 20, 1978.
Council met at 7:30 P.M. (C.S.T.)
Present: Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
City Manager Gilbert D. Chavenelle.
Mayor Tully read the call and stated
that service thereof had been duly made
and this meeting is called for the purpose
of conducting public hearings on zoning
ordinances and acting upon such other
business as may properly come before a
Regular Meeting of the Council.
Invocation was given by Rev. Kolfen-
bach, Pastor of Sacred Heart Church.
March 15, 1978
To the Honorable Mayor
and City Council
As a follow up to the Location and De-
sign Hearing for the widening of John F.
Kennedy Road the staff has had several
meetings with the property owners ad-
joining the project.
We have tried to address those pro-
blems and questions raised during the
hearing, and believe that we have come
up with a modified cross section which
eases the impact on the adjoining pro-
perties while still providing an accep-
table level of service for the anticipated
traffic volumes.
The width of the facility from curb to
curb remains at the 64 foot indicated in
the original design concept. The barrier
median, however, has been deleted and
replaced with a paved left turn lane. The
right-of-way width has been decreased
from 90 to 84 feet. This will necessitate
the taking of only 9 feet property from
each side of the corridor.
In order to lessen the impact on ex-
isting businesses in the vicinity of Hill-
crest we have shifted the alignment to
accommodate all of the widening on the
east side of the corridor along presently
undeveloped property.
I would ask your endorsement of the
amended concept in the form of the at-
tached resolution.
I have also included two agreements,
one for the right-of-way, the other for
the construction itself, which will pro-
vide for 700/o participation in the project
by the Federal Highway Administra-
tion.
Council Member Wertzberger moved
to suspend the rules to let anyone pre-
sent address the Council if they so de-
sire. Seconded by Council Member Bra-
dy. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Attorney Robert Bertsch represen-
ting West End Business Association,
stated the association was unanimous on
a 60 ft. street with 80 ft. right of way; Op-
posed to Median; Was of opinion that
Northwest Arterial Highway will be re-
ducing J.F.K. Road traffic by 5000 cars
per day.
Dave Powers stated 6 feet additional
land was too much to take; Raised Me-
dian judgment cannot be made now.
Jim Walsh, President of West Side
Business Association, requested to look
ahead to other side of Pennsylvania for
Phase #2; Ultimate effect on all of Ken-
nedy Road should be considered.
RESOLUTION NO. 95.78
Resolution on the Location and De•
sign of the Improvement of John F.
Kennedy Road from Asbury to Wacker
Drive, and Wacker Drive from John F.
Kennedy to Highway 420.
WHEREAS, improvements on John
F. Kennedy from Dodge and Wacker to
Asbury are essential to meet the pre-
sent and future transportation needs in
this area; and
WHEREAS, a public hearing was
held in the City Council Chambers on
November 10, 1977 to accept statements
on the proposed concept for the improve-
ment of this facility; and
WHEREAS, the concept outlined at
this public hearing provided for a 64 foot
street, a 16 foot raised median, and a 90
foot right-of-way; and
WHEREAS, objections were raised
relative to the concept presented by the
city; and
WHEREAS, the City Council sug-
gested that meetings would be held with
the concerned parties in an attempt to
resolve those differences; and
WHEREAS, after a series of
meetings with the businesses along cor-
ridor, the city has modified the concept
to be a 64 foot wide facility, a paved left
turn lane, and an 80 foot right-of-way.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Council en-
dorses the concept for the construction
of a 64 foot roadway with a paved left
turn lane, on an 80 foot right-of-way from
Dodge and Wacker to John F. Kennedy
and Asbury.
Section 2. That the City Clerk be au-
thorized and directed to forward the
Gilbert D. Chavenelle
City Manager
Council Member Brady moved that
the communication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Special Session, March 20, 1978
transcript of the public hearing and writ-
ten statements received by the city on
the project to the Iowa Department of
Transportation.
Passed, adopted, and approved this
20th day of March, 1978.
Richard Wertzberger
D. Michael King
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution as Amended
to read 80 ft. Right -of -Way with de-
pressed curb and gutter construction.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas—Council Members Brady,
King, Wertzberger.
Nays—Mayor Tully, Council Member
Farrell.
RESOLUTION NO. 98.78
Resolution Authorizing Execution of
an Agreement Between the City of Du.
buque, Iowa and the Iowa Department
of Transportation Relating to the Im-
provement of John F. Kennedy Road.
BE IT RESOLVED, that the Mayor
and City Clerk be and they are hereby
authorized and directed to execute
Agreement Number 77-F-147 with the
Iowa Department of Transportation re-
lating to the right of way purchase for
the improvement of John F. Kennedy
Road from Pennsylvania Avenue to As-
bury Road.
Passed, approved, and adopted this
20th day of March, 1978.
Richard Wertzberger
D. Michael King
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas—Council Members Brady,
King, Wertzberger.
Nays—Mayor Tully, Council Member
Farrell.
RESOLUTION NO. 97-78
Resolution Authorizing Execution of
an Agreement Between the City of Du-
buque, iowa and the lowa Department
of Transportation Relating to the Im-
provement of John F. Kennedy Road.
BE IT RESOLVED, that the Mayor
and City Clerk be and they are hereby
authorized and directed to execute
agreement number 77-F-124 with the
Iowa Department of Transportation,
two copies of which are attached,
119
relating to the widening and reconstruc-
tion of John F. Kennedy Road from Pen-
nsylvania Avenue to Asbury Road.
Passed, adopted, and approved this
20th day of March, 1978.
Richard Wertzberger
D. Michael King
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas—Council Members Brady,
King, Wertzberger.
Nays—Mayor Tully, Council Member
Farrell.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance by
amending Article IV, Section 4-110
Planned Unit Development District reg-
ulations and Article XI Definitions
thereof to include provisions to permit,
regulate and define housing for the
elderly, presented and read. No written
objections were filed and no oral objec-
tors were present in the Council
Chamber at the time set for the hearing.
Council Member Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
ORDINANCE NO. 12.78
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA" BY
AMENDING ARTICLE IV, SECTION
4-110, PLANNED UNIT DEVEL•
OPMENT DISTRICT REGULATION
AND ARTICLE XI DEFINITIONS,
THEREOF TO INCLUDE PROVISIONS
TO PERMIT, REGULATE, AND DE-
FINE HOUSING FOR THE ELDERLY,
said Ordinance having been previously
presented and read at the Council Meet-
ing of February 20, 1978, presented for
final adoption.
ORDINANCE NO. 12.78
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
120 Special Session, March 20, 1978
THE CITY OF DUBUQUE, IOWA" BY
AMENDING ARTICLE IV, SECTION
4-110, PLANNED UNIT DEVELOP-
MENT DISTRICT REGULATIONS AND
ARTICLE XI DEFINITIONS, THEREOF
TO INCLUDE PROVISIONS TO PER-
MIT, REGULATE, AND DEFINE HOUS-
ING FOR THE ELDERLY.
NOW THEREFORE BE IT OR•
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Or-
dinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the 'Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa'; by enacting anew subsection 5 to
Section 4-110.4.4; a new subsection 2 to
Section 4-110.4.5; and anew subsection 3
to Section 4-110.4.6 of Article IV, to in-
clude "Housing for the Elderly" as a
Permitted Use in the Planned Unit De-
velopment District, to wit:
"Article IV District Regulations
Section 4-110 Planned Unit Devel-
opment District Regulations
4-110.4 Principal Permitted Uses
4.110.4.4 R•4 Planned Unit Develop-
ment
5/Housing for the Elderly.
4-110.4.5 R•5 Planned Unit Develop-
ment
2lHousing for the Elderly
4-110.4.6 OR -1 Planned Unit De-
velopment
3lHousing for the Elderly
Section 2. That the Code of Or-
dinances, City of Dubuque, Iowa, be
amended by revising Appendix there-
of, also known as the 'Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa by deleting "Minimum Number
of Off -Street Parking Spaces Required
Per Dwelling Unit"in Article IV, Table
4-110.10.3, "Specific Planned Unit
Development Standards'; and enacting
a new "Minimum Number of Off -Street
Parking Spaces Required Per Dwelling
Unit" in Article IV, Table 4-110.10.3,
"Specific Planned Unit Development
Standards," in lieu thereof, to wit:
"Article IV District Regulations
Section 4.110 Planned Unit Devel-
opment District Regulations
4.110.10.3 Specific Planned Unit
Development. Standard
Minimum Num-
ber of Off -Street
Parking Spaces
Required Per
Dwelling Unit
Underlying Zone
R-1 R-2 R-3 R-4 R-5 OR -1
2.0 2.0 1.5 1.5 provided
parking for
H.F.E. may be
reduced as
low as .5
where such Is
determined
adequate by
Commission.
1/400 sq ft floor space
Section 3. That the Code of Or-
dinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa'; by enacting a new Section
4-110.12.4.5 of Article IV, "Standards to
Insure Occupancy in Housing for the El-
derly'; to wit:
"Article IV District Regulations
Section 4.110 Planned Unit Develop-
ment District Regulations
4-110.12.4 Review Standards for
Final Development Plan
4.110.12.4.5 Standards to Insure Oc-
cupancy in Housing for the Elderly
For a Planned Unit Development in-
cluding Housing for the Elderly, the
Final Development Plan must be ac-
companied by a covenant, approved as
to form by the City Solicitor, in which
the property owner shall covenant on
behalf of himself, his heirs, executors,
and assigns not to use the property for
any other use unless said use complies
with the off-street parking require-
ments as specified herein,"
Section 4. That the Code of Or-
dinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the 'Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa'; by revising Article XI, "Def-
initions", to include and described "Hous-
ing for the Elderly'; to wit:
"Article XI Definitions
Housing for the Elderly — dwelling
units constructed maintained and op-
erated for exclusive occupancy by el-
derly and handicapped persons pur-
suant to a contract for assistance
under a State of Federal elderly hous-
ing program, and providing that one
dwelling unit may be used for a resi-
dent manager who shall be exempt
from occupancy age limitations."
Section 5. That the foregoing amend-
ments have heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa
Passed adopted and approved this
20th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
CarolynFarrall
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald this 23rd day of March, 1978.
Leo F. Frommelt
City Clerk
1t3/23
Special Session, March 20, 1978 121
Council Member Wertzberger moved
final adoption of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend Zoning Ordinance to estab-
lish a Planned Unit Development Desig-
nation on property in St. Mary's Place ly-
ing in an R-4 Residential District, pre-
sented and read. No written objections
were filed and no oral objectors were
present in the Council Chamber at the
time set for the hearing. Council Mem-
ber Wertzberger moved that the proof
of publication be received and filed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
ORDINANCE NO. 13.78
AN ORDINANCE OF THE CITY OF DU-
BUOUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA",
WHICH AMENDMENT SHALL ESTAB-
LISH A PLANNED UNIT DEVEL•
OPMENT DESIGNATION ON PRO-
PERTY HEREINAFTER DESCRIBED
LYING IN AN R•4 RESIDENTIAL
DISTRICT IN "ST. MARY'S PLACE" IN
THE CITY OF DUBUQUE, IOWA,
said Ordinance having been previously
presented and read at the Council Meet-
ing of February 20, 1978, presented for
final adoption.
ORDINANCE NO. 13.78
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE-
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA",
WHICH AMENDMENT SHALL ESTAB-
LISH A PLANNED UNIT DEVEL•
OPMENT DESIGNATION ON PRO-
PERTY HEREINAFTER DESCRIBED
LYING IN AN R•4 RESIDENTIAL
DISTRICT IN "ST. MARY'S PLACE" IN
THE CITY OF DUBUQUE, IOWA.
NOW THEREFORE BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Or-
dinances of the City of Dubuque, Iowa,
be amended by revising Appendix A,
thereof also known as the "Zoning Or-
dinance and Zoning Map of the City of
Dubuque, Iowa" by establishing a
'Planned Unit Development" designa-
tion on property in an 12-4 Residential
Dis trict" classification which real
estate is described to wit:
Lott oftheSub ofLot 2 of Lot 1 of Lot
2 of Lot 1 of Lot 3 of St. Mary's Place,
in the City of Dubuque, Iowa.
Section 2. That the 'Planned Unit
Development" designation applied to
the property herein described, is a ten-
tative reclassification and final adoption
of the amendment as set forth in Section
1 of this Ordinance shall be subject to
the requirements of Section 4-110.11.3
of Ordinance No. 32-75, known as the
"Zoning Ordinance and Zoning Map of
the City of Dubuque, Iowa" whereby
final adoption of the 'Planned Unit
Development" designation is con-
tingent upon submission of a Final De-
velopment Plan by the developer, with-
in six WWI months of the effective date of
this Ordinance, and further, that failure
by the developer to comply with the re-
quirements as set forth herein, shall
automatically revert the property to its
former "R-4 Residential District"class-
ification.
Section 3. That the foregoing amend-
ment has heretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, adopted and approved this
20th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 23rd day of
March, 1978.
Leo F. Frommelt
City Clerk
1t 3/23
Council Member Wertzberger moved
final adoption of the Ordinance. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays—none.
ORDINANCE NO. 14-78
AN ORDINANCE OF THE CITY OF DU-
BUQUE, IOWA PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA BE AMENDED BY
ADDING A NEW SUBSECTION 10 TO
SECTION A OF SECTION 25.212, PRO-
122 Special Session, March 20, 1978
VIDING THAT NORTHBOUND VE-
HICLES ON WARTBURG PLACE
SHALL YIELD THE RIGHT OF WAY
WHEN ENTERING THE FREMONT
AVENUE INTERSECTION,
presented and read. Council Member
Farrell moved that the reading just had
be considered the first reading of the Or-
dinance. Seconded by Mayor Tully. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Council Member Farrell moved that
the rule requiring an Ordinance to be re-
ceived and filed at two meetings prior to
the meeting when final action is taken,
be dispensed with. Seconded by Mayor
Tully. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
ORDINANCE NO. 14-78
AN ORDINANCE OF THE CITY OF DU•
BUOUE, IOWA PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF DU-
BUQUE, IOWA BE AMENDED BY AD-
DING A NEW SUBSECTION 10 TO
SECTION A OF SECTION 25.212, PRO-
VIDING THAT NORTHBOUND VEHIC-
LES ON WARTBURG PLACE SHALL
YIELD THE RIGHT OF WAY WHEN
ENTERING THE FREMONT AVENUE
INTERSECTION
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, be
amended by adding a Subsection 10 to
Section A of Section 25-212, to read as
follows:
"Sec. 25.212. Yield intersections.
A. Northbound vehicles must yield be-
fore entering the intersection of:
10. Wartburg Place and Fremont Ave-
nue."
Passed adopted, and approved this
20th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald this 23rd day of March 1978.
Leo F. Frommelt
City Clerk
It 3/23
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
ger.
Nays—none.
Communication of Housing Rehabil-
itation Commission submitting a resolu-
tion approving guidelines for the Com-
munity Development Program for
Housepainting Assistance to home-
owners, and providing for rules for the
administration of said Program,
presented and read. Council Member
Wertzberger moved that the com-
munication be received and filed.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 98-78
A Resolution Approving Guidelines
for the Community Development Pro-
gram for Housepainting Assistance to
Homeowners, and Providing for Rules
for the Administration of Said Pro-
gram.
WHEREAS, the Housing Rehabilita-
tion Commission of the City of Dubuque
has approved Guidelines and rules for
administering a program of housepaint-
ing assistance to homeowners, to be
known as "Operation Paintbrush"; and
WHEREAS, the City Council ap-
propriated funds for the administration
of this program in Council Resolution
492-77,
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Guidelines for the
program for housepainting assistance to
homeowners hereto attached and
marked Exhibit "A", and the same are
hereby approved as rules for administra-
tion of the program.
Passed, adopted, and approved this
20th day of March, 1978.
Richard Wertzberger
Mayor Pro -Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Pro -Tem Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas — Mayor Pro -Tem Wertzberger,
Council Members Brady, Farrell, King.
Nays—none.
Abstain—Mayor Tully.
Special Session
March 16, 1978
Honorable Mayor and Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed the
Correction Plat of Lot 1 and Lot 2 of Lot
1 of Lot of Lot ofLot l of Lot of Lot
of Lot 2 of "Babcock's Addition", located
southwest of Marion Street in the City of
Dubuque, Iowa.
In their review the Planning and Zon-
ing Commission has found that the plat
is the same as approved by them, and by
the City Council on February 7, 1978.
However, due to conveyance of a portion
of the property into a Family Trust, it is
necessary to revise the owner's cer-
tificates
to include the authorized signa-
tures of the owner and trustees.
The Planning and Zoning Commission
has voted to approve the Correction Plat
of "Babcock's Addition", described
above, and recommends your favorable
consideration.
City Planning
And Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 99-78
Resolution Approving the Plat of Lot 1
and Lot 2 of Lot of Lot of Lot of Lot
1 of Lot 1 of Lot 1 of Lot 2 of Babcock's
Addition In the City of Dubuque, Iowa.
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
of Lot 1 of Lot 1 of Lot l of Lot 1 of Lott
of Lot 1 of Lot 2 of "Babcock's Addition"
to be known as Lot 1 and Lot 2 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 2 of "Babcock's Addition" in the City
of Dubuque, Iowa; and
WHEREAS, said plat has been ex-
amined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they find
that same conforms to statutes and or-
dinances 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 1 and Lot 2 of Lot 1 of Lot
1 of Lot l of Lot 1 of Lot l of Lot 1 of Lot
of "Babcock's Addition" be and the same
is hereby approved and the Mayor and
City Clerk are hereby authorized and di-
rected to endorse the approval of the Ci-
ty of Dubuque, Iowa, upon said plat.
March 20, 1978 123
Section 2. Resolution No. 46-78
passed and adopted by the City Council
on February 7, 1978 be and the same is
hereby repealed, held for naught, and of
no further force and effect.
Passed, adopted, and approved by
recorded roll call this 20th day of March,
1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Communication of Attorney Bertsch
submitting a resolution extending the
time within which Thermolyne Corpora-
tion is required to commence and com-
plete construction under the terms of
deed on April 7, 1975, presented and
read. Council Member Wertzberger
moved that the communication be re-
ceived and filed. Seconded by Council
Member King. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 100-78
WHEREAS, pursuant to Resolution
No. 80-75 of the City Council of the City
of Dubuque, Iowa, which was passed, ap-
proved and adopted on April 7,1975, the
following described real estate, to -wit:
Lot 1 of Block 12, Block 13, and Lot 1
of Block 14, in "River Front Subdivi-
sion No. 3" in the City of Dubuque, Io-
wa, subject to existing easements, for
sewer, water and all utilities together
with the right of ingress and egress,
to maintain, repair and service the
same,
was sold and conveyed to Thermolyne
Corporation upon the terms and condi-
tions set forth in said Resolution; and
WHEREAS, Thermolyne Corpora-
tion has requested the City Council of
the City of Dubuque, Iowa to modify said
Resolution and the conveyance made
thereunder and to enlarge the time
within which Thermolyne Corporation
shall commence construction of a new
plant on the premises and complete the
project; and
WHEREAS, the City Council of the
City of Dubuque, Iowa deems it to be in
124 Special Session, March 20,1978
the best interests of the City of Dubu-
que, Iowa that the request of Thermo-
lyne Corporation to modify Resolution
No. 80-75 be granted;
NOW, THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Resolution No. 80-75
of the City Council of the City of Dubu-
que, Iowa, dated April 7;1975, be and the
same is hereby modified by deleting
therefrom paragraph 6 of Section 1 and
substituting in lieu thereof the follow-
ing:
6. That Thermolyne Corporation
shall commence construction of a new
plant on the premises by April 7,1979
and shall complete the project by Ap-
ril 7, 1980.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
record a certified copy of this Resolution
in the office of the Recorder of Dubuque
County, Iowa.
Passed, approved, and adopted this
20th day of March, 1978.
CITY OF
DUBUQUE, IOWA
By:Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 101.78
WHEREAS, The MAYOR'S INDUS-
TRIAL COMMITTEE, composed of
Thomas Tully, Mayor, William P. Wood-
ward, Chairman of the Board of Dock
Commissioners, and Robert E. Dorothy,
Director of Dubuque Area Industrial
Development Corporation, recommend-
ed to the City Council of the City of
Dubuque, Iowa on the 10th day of March,
1978, that the application to purchase
certain City -owned real estate by E. R.
CARPENTER COMPANY, INC., of
Richmond, Virginia for the purpose of
erecting a manufacturing building
thereon of approximately 50,000 square
feet for their business purposes be ap-
proved; and
WHEREAS, City Council of the City
of Dubuque, Iowa has examined said ap-
plication and recommendation by the
MAYOR'S INDUSTRIAL COMMIT-
TEE and finds that the sale of said real
estate should be approved; and
WHEREAS, said real estate sought
to be purchased by E. R. Carpenter Com-
pany, Inc. is described and known as:
"Lot 1 of Block 14 in "River Front
Subdivision No. 3", Block 13 of "River
Front Subdivision No. 3", Lot 1 of
Block 12 of "River Front Subdivision
No. 3" except and reserving there-
from the northerly 50 feet of Lot 1 of
Block 12 of "River Front Subdivision
No. 3" which shall remain the proper-
ty of Thermolyne Corporation, sub-
ject to existing easements, for sewer,
water and all utilities together with
the right of ingress and egress, to
maintain, repair and service the
same;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the application of E.
R. CARPENTER COMPANY, INC. OF
Richmond, Virginia to purchase a parcel
of City -owned real estate in the City of
Dubuque, Iowa, which real estate is
described and known as:
"Lot 1 of Block 14 in "River Front
Subdivision No. 3", Block 13 of "River
Front Subdivision No. 3", Lot 1 of
Block 12 of "River Front Subdivision
No. 3", except and reserving there-
from the northerly 50 feet of Lot 1 of
Block 12 of "River Front Subdivision
No. 3" which shall remain the proper-
ty of Thermolyne Corporation, sub-
ject to existing easements, for sewer,
water and all utilities together with
the right of ingress and egress, to
maintain, repair and service the same
be and the same is hereby approved up-
on the following terms and conditions:
1. That the said real estate be sold to
E. R. Carpenter Company, Inc. of
Richmond, Virginia for the constr-
uction and erection of a manufactur-
ing building of approximately 50,000
square feet for their business pur-
poses.
2.That the sale price of said real es-
tate shall be thirty cents ($.30) per
square foot with a down payment of
$9100.00 being paid as down payment,
receipt whereof is hereby acknow-
ledged by the City.
3.That construction of said builidng
shall be commenced within one (1)
year from date of delivery of deed and
the passage of this Resolution and
shall be completed within twenty-
four months of delivery of deed and
upon failure so to do or failure to make
improvements to the land within one
(1) year by E. R. Carpenter Company,
Inc. purchaser, then said real estate
shall automatically revert to the City
Special Session, March 20, 1978
of Dubuque, Iowa and purchase price,
less damages, shall be refunded to
purchaser.
4. That the construction of all build-
ings, yards, parking lots, fences and
ancillary improvements shall be con-
structed in conformance with City
Codes, and manufacturing processes
carried out in accord with City or-
dinances.
5. That the City of Dubuque, Iowa re-
tains a perpetual easement for ex-
isting waterlines, existing sanitary
sewer and storm sewer lines and for
utilities, together with right of in-
gress and egress to repair, inspect
and maintain the same.
6. Seller shall furnish abstract of title
and conveyance shall be by Quit
Claim Deed.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
publish notice of intent to dispose of in-
terest in real estate as is by law re-
quired.
Passed, adopted, and approved this
20th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 102.78
Authorizing Publication of Notice of
Public Hearings for the Purpose of
Amending Use of Community Detre'.
opment Block Grant Funds Under
Grant Agreement B -77 -MC -19.0009
Dated May 10, 1977
WHEREAS, the City of Dubuque is
entitled under Title 1 of the Housing and
Community Development Act of 1974 to
certain Community Block Grant funds;
and
WHEREAS, the regulations govern-
ing -the submission of an application, the
development of such application, and in
the development of any revisions,
changes or amendments require that cit-
izens be provided with adequate infor-
mation concerning the Community
Block Grant Program; and
WHEREAS, it is deemed to be in the
best interests of the Community Block
Grant Program to hold certain public
125
hearings to supplement meetings held
by the Community Development meet-
ings held by the Community Devel-
opment Commission; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the City Clerk be and
he is hereby authorized and directed to
publish notice of public hearings in the
form of Exhibit "A" attached hereto and
made a part hereof.
Passed, adopted, and approved this
20th day of March, 1978.
Richard Wertzberger
Mayor Pro -Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
EXHIBIT "A"
PUBLIC HEARING
Pursuant to Title I of the Housing and
Community Development Act of 1974,
the City Council will hold a public hear-
ing for the purpose of obtaining the view
of residents of the City on the Amending
of Community Development Block
Grant Agreement B -77 -MC -19-0004 da-
ted May 10, 1977 to provide One Hun-
dred Ninety-two Thousand Dollars for
the Purchase of Urban Renewal Land.
A copy of Grant Agreement B -77 -MC -
19 -0004 dated May 10, 1977 and the
Amendment to same are on file and
available at the City Clerk's office, City
Hall, 13th and Central, Dubuque, Iowa
between the hours of 8:00 A.M. and 5:00
P.M. except Saturdays, Sunday and holi-
days. Additional information concerning
the Community Development Block
Grant Program may be obtained from
Dan Dittemore or Harry Neustadt of the
Department of Community Develop-
ment (319-557-1930).
The public hearings will be held in Ci-
ty Council Chambers, City Hall, lath
and Central, Dubuque, Iowa at 7:30 P.M.
on April 3, 1978. Any person or organi-
zation desiring to be heard will be given
an opportunity to express their views on
this amendment.
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas—Mayor Pro -Tem Wertzberger,
Council Members Brady, Farrell, King.
Nays—none.
Abstain—Mayor Tully.
RESOLUTION NO. 103.78
Authorizing Publication of Notice of
126 Special Session, March 20, 1978
an Environmental Review Finding for
the Purchase of Cleared Land in the
Downtown Urban Renewal Project, lo•
wa R-15
WHEREAS, the City of Dubuque un-
der date of May 10, 1977, entered into a
Grant Agreement with the U.S. Depart-
ment of Housing and Urban Develop-
ment, providing for financial assistance
to the City under Title I of the Housing
and Community Development Act of
1974; and
WHEREAS, pursuant to such Agree-
ment, the City proposes to undertake
certain projects which require envir-
onmental review; and
WHEREAS, an environmental re-
view has been processed in accordance
with the rules and regulations as pro-
mulgated by the U.S. Department of
Housing and Urban Development for the
purchase of cleared land in the Down-
town Urban Renewal Project, Iowa
R-15; and
WHEREAS, an Environmental Re-
view Committee has after due consid-
eration made a determination that the
above identified project is not a major
Federal action significantly affecting
the quality of human life; and
WHEREAS, the Environmental Re-
view Board for the Project must be made
available for public inspection for a
specified period of time;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and
he is hereby authorized and directed to
publish a Notice of Finding of No Signifi-
cant Effect on the Environment for the
Project identified as the purchase of
cleared land in the Downtown Urban Re-
newal Project, Iowa R-15, and to make
the Environmental Review Record for
the Project available for public inspec-
tion. Such notice shall be in the form of
Exhibit "A" attached hereto and made a
part hereof.
Section 2. That the City of Dubuque
hereby declares its intent to adopt a res-
olution on April 14,1978, authorizing the
submission of a request to the U.S.
Department of Housing and Urban De-
velopment for the release of funds
authorized under Title I of the Housing
and Community Development Act of
1974, to undertake the Project.
Passed, adopted, and approved this
20th day of March, 1978.
Richard Wertzberger
Mayor Pro -Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Pro -Tem Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas -Mayor Pro -Tem Wertzberger,
Council Members Brady, Farrell, King.
Nays — none.
Abstain—Mayor Tully.
RESOLUTION NO. 104.78
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 oc-
cupied by such applications were in-
spected and found to comply with the Or-
dinances of this City and have filed pro-
per bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the Ci-
ty of Dubuque, Iowa, that the Manager
be authorized to cause to be issued to the
following named applicants a Beer Per-
mit.
CLASS "C" BEER PERMIT
Grandview Drug, Inc. (Also Sunday
Sales) 486 N. Grandview Ave.
Will -Co., Inc. (Also Sunday Sales) 805
West 5th Street
Earl Edmund Schumacher (Also Sunday
Sales) 2204 Central Avenue
LaVern Nicholas Hennen (Also Sunday
Sales) 3300 Asbury Road
Passed, adopted, and approved this
20th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn k'arrell
Council Members
Special Session, March 20, 1978 127
SOLVED, by the City Council of the Cit
of Dubuque, Iowa, that the Manager b
authorized to cause to be issued to the
following named applicants a Liquor Li-
cense.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Junnie's Lounge, Ltd. (Also Sunday
Sales) 2095 Kerper Blvd.
Alice H. Erschen (Also Sunday Sales)
2617 University Ave.
Dubuque Yacht Basin, Inc. (Also Sunday
Sales) 1630 E. 16th Street
Passed, adopted, and approved this
20th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Petition of CROP (forwarded from
last meeting) requesting permission to
conduct Hunger Walk with City Man-
ager's communication advising that
someone will be in attendance to res-
pond to any inquiries (list of answers to
questions previously asked attached),
presented and read. Council Member
Brady moved that the request be ap-
proved subject to final approval of the
City Manager. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of Community Devel-
opment Commission submitting minutes
of their meeting of February 14, 1978,
presented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Mayor
Tully. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of Dubuque Historic
Preservation Commission submitting
minutes of their meeting of February 9,
1978, presented and read. Council Mem-
ber Wertzberger moved that the min-
utes be received and filed. Seconded by
Mayor Tully. Carried by the following
vote:
City
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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
RESOLUTION NO. 105.78
WHEREAS, applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS, the premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rele-
vant thereto and they have filed proper
bonds;
NOW THEREFORE BE IT RE -
Yeas—Mayor Tully, Council Mem-
berse Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of Airport Commis-
sion submitting minutes of their meet-
ing of March 9,1978, presented and read.
Council Member Wertzberger moved
that the minutes be received and filed.
Seconded by Mayor Tully. Carried by
the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of DMATS submit-
ting minutes of their meetings of Feb-
ruary 2 and February 23, 1978, pre-
sented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Mayor
Tully. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of City Manager re-
questing approval to publish notice
governing the use of Revenue Sharing
Funds in the adopted budget, presented
and read. Council Member Wertzberger
moved that the request be approved. Se-
conded by Mayor Tully. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of Robert J. Schute re-
questing permission to excavate at 3120
Westmore St. (10 year street), presented
and read. Council Member Wertzberger
moved that the request be approved. Se-
conded by Mayor Tully. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Communication of Billy Haupert (8th
grade) suggesting that a new bridge be
built rather than spending tax monies on
the Julien Dubuque Bridge, presented
and read. Council Member Wertzberger
moved that the communication be refer-
red to the Mayor. Seconded by Mayor
Tully. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of Donald W. Plumley re-
questing a refund of $25. on the unex-
pired portion of Cigarette License No.
1338, presented and read. Council Mem-
ber Wertzberger moved that the refund
be granted and City Auditor directed to
issue proper warrant. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
JV
128 Special Session, March 20, 1978
March 9, 1978
To the Honorable Mayor and
Members of the City Council
In accordance with the provisions of
Chapter 400, Code of Iowa, 1977, the
Civil Service Commission conducted ex-
aminations for HEATING INSPECTOR
I, on March 8, 1978.
The following named applicant passed
the written examination and is hereby
certified for appointment.
Hanselmann, Roger F. 79%
John E. Hess
Richard Zimmer
Frieda Luther
Civil Service Commission
ATTEST:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before me
this 9th day of March 1978.
Louise M. Ford
Notary Public
Council Member Wertzberger moved
that the communication be received and
made a matter of record. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
March 9, 1978
To the Honorable Mayor and
Members of the City Council
In accordance with the provisions of
Chapter 400, Code of Iowa 1977, the Civil
Service Commission conducted ex-
aminations for HOUSING INSPECTOR
on March 8, 1978.
The following named applicants
passed the written examinations and are
hereby certified for appointment.
Miller, Arthur J. 86 /o
Daugherty, Willard J. - 81%
Kuennen, Vern J. 77%
Atchison, David J. 76e
Swift, Gerald T. 75%
Puccio, Joseph A. 71°k
John E. Hess
Richard Zimmer
Frieda Luther
Civil Service Commission
ATTEST:
Leo F. Frommelt
City Clerk
Subscribed and sworn to before me
this 9th day of March 1978.
Louise M. Ford
Notary Public
Council Member Wertzberger moved
that the communication be received and
made a matter of record. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Printed Council Proceedings for the
month of December, 1977, presented for
Council approval. Council Member
Wertzberger moved that the Council
Proceedings be approved as printed.
Seconded by Mayor Tully. Carried by
the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of Mrs. George Ries
indicating some concern as to the busses
as relates to the spending of our tax dol-
lars, presented and read. Council Mem-
ber Wertzberger moved that the com-
munication be received and filed.
Seconded by Mayor Tully. Carried by
the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Communication of Karen M. Derks re-
commending that Planning & Zoning
Commission not approve plans which
would include the construction of a park-
ing ramp by Finley Hospital in their pro-
posed expansion of facilities, presented
and read. Council Member Wertzberger
moved that the communication be re-
ceived and filed and referred to City
Manager and Staff. Seconded by Mayor
Tully. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of Delman C. Heffner,
in the amount of $213.59, for car ex-
penses incurred as the result of driving
into a pothole on Arlington Street on
March 13, 1978, presented and read.
Council Member Wertzberger moved
that the Notice of Claim be referred to
the City Solicitor for investigation and
report. Seconded by Mayor Tully. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of David E. Bisenius,
in the amount of $313.24, for car expense
incurred as the result of driving into a
pothole at 1475 J.F.K. Road on March 11,
1978, presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City Solicitor
for investigation and report. Seconded
by Mayor Tully. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of Susan Bender, in
the amount of $65., for car expense incur-
red as the result of driving into a pothole
by Shike-Richardson on J.F.X. Road on
March 11, 1978, presented and read.
Council Member Wertzberger moved
Special Session, March 20, 1978
that the Notice of Claim be referred to
the City Solicitor for investigation and
report. Seconded by Mayor Tully. Car-
ried by the following vote:
Yeas — Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Notice of Claim of John L. Oehrle, in
the amount of $121.17, for car expenses
incurred as the result of driving into a
pothole in the street at Century Drive
and Bies Street on March 10, 1978, pre-
sented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
by Mayor Tully. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Notice of Claim of Mrs. Jean E.
Schultz, in the amount of $46.73, for car
damages incurred as the result of driv-
ing into a chuckhole at Century and Bies
Drives on March 12,1978, presented and
read. Council Member Wertzberger
moved that the Notice of Claim be re-
ferred to the City Solicitor for investiga-
tion and report. Seconded by Mayor Tul-
ly. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of James R. Tasker, in
the amount of $33.28, for car damages in-
curred as the result of driving into a
chuckhole at Century & Bies Drive on
March 10, 1978, presented and read.
Council Member Wertzberger moved
that the Notice of Claim be referred to
the City Solicitor for investigation and
report. Seconded by Mayor Tully. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Notice of Claim of Larry Selchert, in
the amount of $50., for car damages in-
curred as the result of driving into a
chuckhole on J.F.K. Road on March 11,
1978, presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City Solicitor
for investigation and report. Seconded
by Mayor Tully. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
Petition of Dennis Meyer requesting
permission to conduct a Pony Express
Ride for crippled children in conjunction
with the Easter Seal Society, presented
and read. Council Member Wertzberger
moved that the request be approved sub-
ject to implementation of the City
129
Manager. Seconded by Mayor Tully.
Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of Tom Menster requesting
annexation to the City on property bor-
dering the Edwards property and re-
questing sewer hook-up, presented and
read. Council Member Wertzberger
moved that the petition be referred to
the City Manager and Staff. Seconded
by Mayor Tully. Carried by the follow-
ing vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of Colts Drum & Bugle Corps
requesting permission to conduct a Colts
Buck Sunday on April 2, 1978, presented
and read. Council Member Wertzberger
moved that the request be approved sub-
ject to implementation of the City Man-
ager. Seconded by Mayor Tully. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
March 9, 1978
Honorable Mayor & City Council
Claim was filed against the City of
Dubuque on January 11,1978, by Patrick
J. Huston of 1545 Hickson, this city, in
the estimated amount of $120.00 and
claiming said damages occurred to his
motor vehicle on January 8, 1978, as the
result of striking a chuck hole in the
street on JFK Road in front of Shike-
Richardson's, and alleging said damages
consisted of a bent rim and ruined tire.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant. Claim-
ant has made an offer of settlement in
this matter in the amount of $50.00; and
in view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and the
City Auditor be instructed to issue war-
rant payable to Patrick J. Huston in the
amount of $50.00 and transmit same to
the City Attorney for delivery upon
receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the recommendation of settlement
be approved and City Auditor directed
to issue proper warrant. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
March 9, 1978
Honorable Mayor & City Council
Claim was filed against the City of Du-
buque on January 10, 1978, by Robert P.
Buechele of 2134 Bennett, this city, in an
undetermined amount and claiming said
damages occurred to his motor vehicle
on January 7, 1978, as the result of strik-
ing a chuck bole in the street on JFK
Road in front of Shike-Richardson's, and
alleging said damages consisted of a flat
tire, bent rim and misalignment of the
vehicle.
This matter was referred to the City
Attorney, who has investigated same
and conferred with the claimant. Claim-
ant has made an offer of settlement in
this matter in the amount of $25.00; and
in view of the foregoing, it is the recom-
mendation of the City Attorney that said
offer of settlement be accepted and the
City Attorney be instructed to issue
warrant payable to Robert P. Buechele
in the amount of $25.00 and transmit
same to the City Attorney for delivery
upon receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the recommendation of settlement
be approved and City Auditor directed
to issue proper warrant. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of J. C. Boland et al re-
questing a 5 ton load limit on Rockdale
Road, presented and read. Council Mem-
ber Wertzberger moved that the peti-
tion be referred to the City Manager and
Traffic Department. Seconded by
Mayor Tully. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Petition of Handicapped Persons Inc.
requesting public parking at private res-
idences for the handicapped, presented
and read. Mayor Tully moved that the
petition be referred to the City Manager
and Traffic Department for investiga-
tion and report. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
There being no further business,
Council Member Wertzberger moved to
adjourn. Seconded by Council Member
Brady. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Leo F. Frommelt
City Clerk
Special Session, March 22,1978 131
CITY COUNCIL
OFFICIAL
Special Session, March 22, 1978.
Council met at 4:30 P.M. (C.S.T.)
Present: Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
City Manager Gilbert D. Chavenelle.
Mayor Tully read the call and stated
that service thereof had been duly made
and this meeting is called for the purpose
of setting a public hearing to consider
amendment to the zoning ordinance to
provide for zoning amendments and
adoption of a preliminary development
plan for the expansion of medical facili-
ties and related uses within the Finley
Hospital Institutional District and ac-
ting upon such other business as may
come before a regular meeting of the
Council.
March 20, 1978
Honorable Mayor and Council Members
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on amendments proposing revi-
sion to certain procedural requirements,
and modification of requirements in the
Schedule of District Regulations of the
ID Institutional District. The proposed
amendment to Section 4-118.8 of Article
IV, Schedule of District Regulations,
would provide for exceptions from those
regulations governing yards, height,
and off-street parking in Planned Unit
Development Districts as long as the ex-
ceptions are consistent with standards
in Section 4-118.6.4. The amendments to
subsection 2 of Section 4-118.6.3 would
revise procedures to require a resubmis-
sion of a Preliminary Plan to the Plan-
ning and Zoning Commission or City
Council if a Final Development Plan has
not been filed after a period of one year;
and would delete the requirement that
an Institutional Preliminary Develop-
ment Plan be filed and approved not less
than two months prior to the commence-
ment of institutional expansion. The pro-
posed Ordinance describing the amend-
ments is attached for your information.
In voting their approval the Planning
and Zoning Commission has found the
amendments to be appropriate revisions
to the Institutional District and recom-
mends your favorable consideration.
City Planning
And Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Council Member Brady moved to sus-
pend the rules to let anyone present ad-
dress the Council if they so desire. Se-
conded by Council Member Wertzber-
ger. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Mel Graves of Finley Hospital submit-
ted proposed site Development Plan for
immediate surface plus three level
structure.
AN ORDINANCE of the City of Du-
buque, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by repealing Section 4-118.6.3 of
Article IV and enacting a new Section
4-118.6.3 of Article IV in lieu thereof, to
revise the procedures for approval of
preliminary development plans in the In-
stitutional District; and by repealing
Section 4-118.8 of Article IV and enac-
ting a new Section 9-118.8 of Article in
lieu thereof to provide for modification
of certain regulations governing yards,
height and off-street parking in a
preliminary development plan in the In-
stitutional District, presented and read.
Council Member Brady moved that the
reading just had be considered the first
reading of the Ordinance. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Council Member Brady moved that
the rule requiring an Ordinance to be re-
ceived and filed at two meetings prior to
the meeting when final action is taken,
be dispensed with. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Council Member Brady moved that a
public hearing be held on the Ordinance
on April 17, 1978 at 7:30 o'clock P.M. in
the Council Chamber at the City Hall
and that the City Clerk be instructed to
publish notice of the hearing in the man-
ner required by law. Seconded by Coun-
cil Member Wertzberger. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays — none.
March 20, 1978
Honorable Mayor and Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed a pro -
132 Special Session, March 22, 1978
posal to reclassify property in the
ownership of Finley Hospital from OR -1
Office -Residential District to inclusion
in the Finley Hospital ID Institutional
District classification. The property
which has frontage on North Grandview
Avenue is described as the Southerly 55
feet of Lot 5 of Sidonia Hosford's Sub-
division in the City of Dubuque, Iowa.
In approving the rezoning proposal
the City Planning and Zoning Commis-
sion found that the parcel was recently
acquired by Finley Hospital and its in-
clusion in Finley's Institutional zone is
appropriate. The Planning and Zoning
Commission recommends your favor-
able consideration.
City Planning
And Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
AN ORDINANCE of the City of Du-
buque, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa", by reclassifying the Southerly 55
feet of Lot 5 of Sidonia Hosford's Sub-
division in the City of Dubuque from
O11-1 Office -Residential District Classifi-
cation to inclusion in the Finley Hospital
ID -Institutional District Classification,
presented and read. Council Member
Wertzberger moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Council Member Wertzberger 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 Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Council Member Wertzberger moved
that a public hearing be held on the Or-
dinance on April 17, 1978 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish a notice of the hear-
ing in the manner required by law. Se-
conded by Council Member Brady. Car-
ried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
March 22, 197E
Honorable Mayor
and Council Members
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on the proposed Preliminary
Development Plan for the Finley Hos-
pital Institutional District.
The Commission has found the Plan to
be appropriate for the expansion of me-
dical facilities and related uses at Finley
Hospital, and has recommended your ap-
proval of it. Their finding is made on con-
dition that amendment of the Institu-
tional District regulations shall have
been adopted, as recommended by our
previous correspondence.
City Planning
And Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
AN ORDINANCE of the City of Du-
buque, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa", which amendment shall adopt the
preliminary Development Plan for the
expansion of Medical Facilities and re-
lated uses within the Finley Hospital In-
stitutional District, presented and read.
Council Member Brady moved that the
reading just bad be considered the first
reading of the Ordinance. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Council Member Brady moved that
the rule requiring an Ordinance to be re-
ceived and filed at two meetings prior to
the meeting when final action is taken,
be dispensed with. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Council Member Brady moved that a
public hearing be held on the Ordinance
on April 17, 1978 at 7:30 o'clock P.M. in
the Council Chamber at the City Hall
Special Session, March 22, 1978
and that the City Clerk be instructed to
publish notice of the hearing in the man-
ner required by law. Seconded by Coun-
cil Member Wertzberger. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
There being no further business,
Council Member Wertzberger moved to
adjourn. Seconded by Council Member
King. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays—none.
Leo F. Frommelt
City Clerk
Approved
Adopted
1978
1978
133
ATTEST:
Council Members
City Clerk
134 Special Session, March 29, 1978
CITY COUNCIL
OFFICIAL
Special Session, March 29, 1978.
Council met at 4:30 P.M. (C.S.T.)
Present: Mayor Tully, Council Mem-
bers Brady, King, Wertzberger. City
Manager Gilbert D. Chavenelle.
Absent: Council Member Farrell.
Mayor Tully read the call and stated
that service thereof had been duly made
and this Meeting is called to consider a
buy and sell agreement for Thermolyne
Corporation covering property in River
Front Subdivision No. 3 and acting upon
such other business as may properly
come before a Regular Meeting of the
Council.
RESOLUTION NO. 106.78
WHEREAS, the City of Dubuque, Io-
wa and Thermolyne Corporation have
been negotiating for the purchase and
sale of certain property situated in the
City of Dubuque, Iowa; and
WHEREAS, City of Dubuque, Iowa
and Thermolyne Corporation have
agreed upon the terms and conditions of
said Buy and Sell Agreement, a copy of
which is hereto attached and marked Ex-
hibit "A" and by reference made a part
hereof,
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Buy and Sell
Agreement by and between the City of
Dubuque, Iowa and Thermolyne Cor-
poration covering the following de-
scribed real estate:
Lot 1 of Block 14 in "River Front Sub-
division No. 3", Block 13 of 'River
Front Subdivision No. 3", Lot 1 of
Block 12 of River Front Subdivision
No. 3", subject to existing easements
for sewer, water and utilities, except
and reserving therefrom the norther-
ly 50 feet of Lot 1 of Block 12 of `River
Front Subdivision No. 3" which shall
remain the property of Thermolyne
Corporation
be and the same is hereby approved.
Section 2. That the Mayor and City
Clerk be and they are hereby authorized
to execute said Buy and Sell Agreement
for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk be and
he is hereby directed to said Agreement
to be filed in the office of the Dubuque
County Recorder.
Passed, adopted, and approved this
29th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
ATTEST: Council Members
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, King, Wertzberger.
Nays — none.
Absent—Council Member Farrell.
RESOLUTION NO. 107.78
WHEREAS, The City of Dubuque, Io-
wa and Thermolyne Corporation have
been negotiating for the granting of an
Option Agreement to purchase real es-
tate described as:
Lot 1 of Block 2 in "River Front Sub-
division No. 3" in the City of Dubu-
que, Iowa;
and
WHEREAS, the City of Dubuque, Io-
wa and Thermolyne Corporation have
reduced the terms and provisions of said
Option Agreement to writing, a copy of
which Agreement is hereto attached,
marked Exhibit "A" and by reference
made a part hereof,
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Option Agree-
ment by and between the City of Dubu-
que, Iowa and Thermolyne Corporation,
hereto attached marked Exhibit "A", be
and the same is hereby approved.
Section 2. That the Mayor and the Ci-
ty Clerk be and they are hereby autho-
rized to execute said Option Agreement
for and on behalf of the City of Dubuque,
Iowa.
Section 3. That the City Clerk be and
he is hereby authorized to cause publica-
tion of intent to dispose of interest in
real estate as is by law required.
Passed, adopted, and approved this
29th day of March, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Special Session, March
Yeas—Mayor Tully, Council Mem-
hers Brady, King, Wertzberger.
Nays—none.
Absent—Council Member Farrell.
There being no further business,
Council Member Wertzberger moved to
adjourn. Seconded by Council Member
King. Carried by the following vote:
Yeas—Mayor Tully, Council Mem-
bers Brady, King, Wertzberger.
Nays—none.
Absent—Council Member Farrell.
Leo F. Frommelt
City Clerk
Approved
Adopted
978
ATTEST:
Council Members
City Clerk