1978 April Council Proceedings
137
WHEREAS, in response to said of-
fering a proposal for selection as the de-
veloper was received from Harold R.
Imns and Donald N. Fisk; and
WHEREAS, pursuant to Chapter 403
of the 1977 Code of Iowa, and certain reg-
ulations of the U.S. Department of HOlls.
iog and Urban Development, certain
documents must be available for public
inspection and a public hearing conduct.
ed;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
See lion 1. That the City of Dubuque
hereby declares its intent after a public
hearing, to enter into a Redeveloper
Designation Agreement with Harold R.
Imns and Donald N. Fisk pertaining to
the purchase and redevelopment of
Blocks 12, 13, 14 and 17 in Dubuque
Downtown Plaza located in the Down-
town Urban Renewal Project, Iowa
R-15.
Secllon 2. That the City Clerk be and
he is hereby authorized and directed to
publish notice of public hearing to be
held on May 16, 1978, and to make cer~
tain documents available for public in-
spection. Such notice shall be substan-
tially in the form of Exhibit A attached
hereto and made a part hereof.
Passed, adopted, and approved this
3rd day of April, 1978.
Richard Wertzberger
Mayor Pro- Tem
D. Michael King
Carolyn Farrell
Council Members
Regular Session. April 3. 1978
CITY COUNCIL
OFFICIAL
Regular Session, April 3, 1978.
Council met at 7:30 P.M. IC.S.T.)
Present - Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger. City
Manager Gilbert D. Chavenelle.
Absent - Council Member Brady.
Mayor Tully read the call and stated
that service thereof had been duly made
and this is THE REGULAR MONTHLY
MEETING called for the purpose of act-
ing upon such business as may properly
come before the Meeting.
Invocation was given by Rev. Wilkin-
son of St. John's Baptist Church.
Proclamations proclaiming the week
of May 1 to 7,1978 as "Respect for Law
Week" and April 3 to 9, 1978 as "Five
Flags Anticipation Week" were read,
approved and signed by Mayor Tully.
Proof of Publication, certified to by
the Publisher, of Invitation for proposals
fot various parcels of land in the Urban
Renewal Area., presented. and read.
Council Member Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Council Members Farrell,
King, Wertzberger.
Nays - none.
Abstain-Mayor Tully.
Absent-Council Member Brady.
Communication of City Manager re-
questing adoption of a resolution to clear
the proposed developers with HUD, pre-
sented and read. Council Member Wertz-
berger moved that the communication
be received and filed. Seconded by Coun-
cil Member Farrell. Carried by the fol-
lowing vote:
Yeas-Council Members Farrell,
King, Wertzberger.
Nays - none.
Abstain-Mayor Tully.
Absent-Council Member Brady.
RESOLUTION NO. 108.78
Resolulion Declsrlng Intent to Enter
Into a Developer Designation Contract
for the Downtown Urban Renewal Pro.
Ject,lows R.15
WHEREAS, under date of February
7, 1978, the City Council 01 the City of
Dubuque adopted Resolution No. 33-78
authorizing the solicitation of formal
proposals for designation as developer
for certain land in the Downtown Urban
Renewal Project, Iowa R- 15: and
WHEREAS. pursuant to such resolu-
tion a notice of Invitation for Proposals
was published in the Telegraph Herald,
February 12, 1978 and March 3, 1978,
and in certain other regional publica-
tions; and
ATTEST:
Leo F. Frommelt
City Clerk
CITY OF DUBUQUE
NOTICE OF PUBLIC HEARING
Pursuaut to Chapter 403 of the 1977
Code of Iowa, the City Council of the
City of Dubuque will hold a public hear-
ing for the purpose of considering the au~
thorization of the execution of a Devel-
oper Designation Contract after the
completion of the public hearing. The
proposed contract to be entered into will
be by and between the City of Dubuque
and Harold R. Imus and Donald N. Fisk
for certain land in the Downtown Urban
Renewal Project Area, Iowa R-15,
known more specifically as Blocks 12.13,
14 and 17 in Dubuque Downtown Plaza.
Said hearing will be held in CQuncil
Chambers, City Hall, 13th and Central,
Dubuque, Iowa, at 7:30 P.M. on the 15th
day of May, 1978, and any person or or-
ganization desiring to be heard will be
given an opportunity to be heard on the
question of the proposed agreement.
A "Redeveloper's Statement for Pub-
lic Disclosure" in the form prescribed by
139
Mem.
Yeas-Mayor Tully, Cannel
bers Farrell, King, W ertzberger.
Nays - Done.
Absent-Council Member Brady.
Proof of Publication, certified to by
the P\1blisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance by
enacting a new Section 3-103.8 of Article
III to clarify the appIi~ation of Zoning
Regulations to City owned or operated
buildings. structures or uses; also to reo
peal subsection 8 of Section 4.102.2 of
Article IV to eliminate duplication of Or-
dinance provisions, 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 Farrell, King, Wertzberger.
Nays-none.
Absent.Council Member Brady.
ORDINANCE NO. 15.78
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" BY
ENACTING A NEW SECTION 3.103.8
OF ARTICLE III TO CLARIFYTHE AP.
PLICATION OF ZONING REGULA.
TIONS TO CITY OWNED OR OPERAT.
ED BUILDINGS, STRUCTURES OR
USES; AND FURTHER, TO REPEAL
SUBSECTION 3 OF SECTION 4.102.2
OF ARTICLE IV TO ELIMINATE DUPLI.
CATION OF ORDINANCE PROVI.
SIONS,
said ordinance having been previously
presented and read at the Council Meet.
ing of March 13,1978, presented for final
adoption.
ORDINANCE NO. 15.78
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" BY
ENACTING A NEW SECTION 3.103.8
OF ARTICLE III TO CLARIFY THE AP.
PLICATION OF ZONING REGULA.
TIONS TO CITY OWNED OR OPERAT.
ED BUILDINGS, STRUCTURES OR
USES; AND FURTHER, TO REPEAL,
SUBSECTION 3 OF SECTION 4.102.2
OF ARTICLE IV TO ELIMINATE DU-
Regular Session, April 3, 1978
square foot with a down payment of
$9,100.00 being paid as down pay.
ment, receipt whereof is hereby
acknowledged by the City.
That construction of said building
shall be commenced within one (1)
year from date of delivery of deed
and the passage of this Resolution
and shall be completed within
within twenty-four months of de-
livery of deed and upon failure so
to do or failure to. make improve-
ments to the land within one (1)
year by E. R. Carpenter Company,
Inc., purchaser, then said real es-
tate shall automatically revert to
the City of Dubuque, Iowa and pur-
chase price, less damages, shall be
refunded to purchaser.
That the construction of all build-
ings, yards, parking lots, fences and
ancillary improvements shall be
constructed in conformance with
City Codes, and manufacturing
processes carried out in accord
with City Ordinances.
That the City of Dubuque, Iowa reo
tains a perpetual easement for
existing waterlines, existing sani-
tary sewer and storm sewer lines
and for utilities, together with
right of ingress and egress to reo
pair, inspect and maintain the
same.
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 directed and authorized to de~
liver deed of conveyance conveying the
above described real estate to E. R.
CARPENTER COMPANY, INC. of
Richmond, Virginia upon receipt of the
purchase price in full.
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.
this
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
Passed, adopted, and approved
3rd day of April, 1978.
3.
4.
6.
6.
ril3,1978
nication be received and filed. Seconded
by Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem.
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
RESOLUTION NO. 109.78
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 in the City of Dubuque,
Iowa on March 24,1978, the City Council
of the City of Dubuque, Iowa met on the
8rd day of April, 1978 at 7:30 o'clock P.M.
Leo F. Frommelt (CST) in the City Council Chambers,
City Clerk City Hall, Dubuque, Iowa to consider the
Council Member Wertzberger moved proposal to dispose of interest of the
adoption of the Resolution. Seconded by City of Dubuque, Iowa in real estate
Council Member Farrell. Carried by the hereinafter described to E. R. CARPEN-
following vote: TER COMPANY, INC.; and
Yeas-Council Members Farrell, WHEREAS, the City Council of the
King, Wertzberger. City of Dubuque, Iowa overruled any
Nays _ none. and all objections, oral or written, to the
Abstain~Mayor Tully. proposal proposal to dispose of interest
Absent - Council Member Brady. of City of Dubuque, Iowa in the hereinaf-
Proof of Publication, certified to by ter described real estate to E. R. CAR.
the Publisher, of Notice of Public Hear- PENTER COMPANY, INC.;
ingto dispose of interest in Lot 1 ofBloek NOW THEREFORE BE IT RESOL V-
14, Block 13 and Lot 1 of Block 12 except ED BY THE CITY COUNCIL OF THE
the Nly 60' thereof all in "River Front CITY OF DUBUQUE, IOWA:
Subdivision No.3" to E. R. Carpenter Section 1. That the disposal of inter.
Company Inc., presented and read. No est of the City of Dubuque, Iowa in and to
written objections were filed and no oral the following described real estate, to-
objectors were present in the Council wit:
Chamber at the time set for the hearing. Lot 1 of Block 14 in "River Front Sub.
Council Member Wertzberger moved division No.3",
that the proof of publication be received Block 13 of "River Front Subdivision
and filed. Seconded by Council Member No.8",
Farrell. Carried by the following vote: Lot 1 of Block 12 of "River Front Sub-
Yeas - Mayor Tully, Council Mem- division No.3" except and reserving
bers Farrell, King, W ertzberger. therefrom the northerly 50 feet of Lot
Nays-none. 1 of Block 12 of "River Front Sub.
Absent - Council Member Brady. division No.3" which shall remain the
Council Member Farrell moved to sus. property ofThermolyne Corporation,
pend the rules to let anyone present ad. subject to existing easements, for
dress the Council if they so desire. Sec- sewer, water and all utilities together
onded by Council Member King. Carried with the right of ingress and egress,
by the following vote: to maintain, repair and service the
Yeas-Mayor Tully, Council Mem. same
bers Farrell, Kiug, Wertzberger. to E. R. CARPENTER COMPANY,
Nays-none. INC. be and the same is hereby approv-
Absent - Council Member Brady. ed for the purchase price of thirty cents
Paul Gisch of Industrial Bureau intro. ($.80) per square foot with a down pay.
duced representatives of E. R. Carpen- ment of $9,100.00 being paid down sub.
ter Co. They expressed. the company's ject to the following terms and condi-
desire to locate in the City of Dubuque, tions:
Iowa. Robert Dorothy presented a letter 1. That the said real estate be sold to
from Flexsteel Industries recommend- E. R. Carpenter Company, Inc. of
ing approval of sale of land in support of Richmon~, Virginia for the con.
E. R. Carpenter Co. locating in the City. structionanderectionofamanufac-
Communication of Flexsteel Indus- turing building of approximately
tries recommending approval of sale of 50,000 square feet for their busi.
city land to E. R. Carpenter of Rich- ness purposes.
mond, Va., presented and read. Council 2. That the sale price of said real es.
Member Farrell moved that the commu. tate shall be thirty cents ($.30) per
Regular Session, A
the U.S. Department of Housing and Ur-
ban Development is on file and available
for inspection at the office of the City
Clerk, City Hall, Dubuque, Iowa, be.
tween 8;00 A.M. and 6:00 P.M. except
Saturdays, Sundays, and holidays. Said
document shall also be available at the
time of the public hearing.
The "Redeveloper's Statement for
Public Disclosure" discloses among
other things, the name of the redevel.
oper and the names of its officers' and
principal members, shareholders and in.
vestors, and other parties having an in.
terest of 10 percent or more in the reo
developer.
138
141
the communication be received and filed.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent~Counci1 Member Brady.
ORDINANCE NO. 17-78
An Ordinance amending the Code of
Ordinances of the City of Dubuque.
Iowa. by repealing Section 14.69 and en-
acting a new Section 14-69 in lieu thereof
to provide for the standards for issuance
of license for operation of service sta-
tion, presented aodread.
Council Member Farrell moved that
the reading just had be considered the
first reading of the Ordinance. Seconded
by Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
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 Council
Member King. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent - Council Member Brady.
ORDINANCE NO. 17.78
AN ORDINANCE AMENDING THE
CODE OF ORDINANCESOFTHE CITY
OF DUBUQUE, IOWA BY REPEALING
SECTION 14.89 AND ENACTING A
NEW SECTION 14.89 IN LIEU THERE.
OF TO PROVIDE FOR THE STAN.
DARDS FOR ISSUANCE OF LICENSE
FOR OPERATION OF SERVICE STA.
TION
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Section 14-69 of the
Code of Ordinances of the City of Dubu-
que, Iowa be amended by repealing Sec-
tion 14-69 and enacting a new Section
14-69 in lieu thereof as follows:
"Sec. 1.4-69. Investigation; Issuance.
If, after an investigation by the Chief,
the City Manager shall be reasonably
satisfied that the premises are con-
structed and will be operated in con-
formity with good safety standards,
he shall-issue a license to the appli-
cantfor the operation ofa service sta-
tion. Compliance with the re-
quirements of the Uniform Fire Code
presently inforce as the fire code for
the City of Dubuque, three (3) copies
of which shall be keptonfile in the of-
fice of the City Clerk for public in-
Regular Session, April 3, 1978
TIAL DISTRICT TO OR.l OFFICE.RES.
IDENTlAL DISTRICT CLASSIFICA.
TION
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOWA:
Secllon 1. That the Code of Ord~
nances of the City of Dubuque, Iowa, be
amended by revising Appendix A
thereof, also known as the "Zoning Ordi-
nance and Zoning Map of the City of Du-
buque, Iowa" to reclassify from ''R-4
Residential District" classification to
"OR.l Office-Residential District" clas-
sification. the following described real
estate, to wit:
City Lot 60Saad City Lot 60M in the
City of Dubuque, Iowa.
Section 2. 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
Srd day of Apri~ 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael Jring
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 6th day of April
1978.
It 4/6
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 Farrell, King, Wertzberger.
Nays-none.
Absent- Counci:
Member Brady.
March 23, 1978
Honorable Mayor and
City Council
I submit to you for consideration two
amendments to the Service Station Li-
cense Ordinance.
The purpose of amending Section
14-74 is to add a penalty of ten dollars to
all delinquent fees. In the past there has
been some difficulty in securing prompt
payment from some service station op-
erators.
The second ordinance amends Section
14-69 to make the Uniform Fire Code the
official fire code for the City of Dubuque.
I recommend that the ordinances be
adopted.
that
moved
Leo F. Frommelt
City Clerk
Gilbert D. Chavenelle
City Manager
Member Farrel:
Counci
Regular Session, April 3, 1978
Published officially in the Telegraph
Herald Newspaper this 6th day of April
1978.
It 4/6
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 Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance by
--reclassifying property on the north side
of Emmett Street between St. Marys St.
and Bluff St. described as "City Lot 603
and City Lot 602A "from R-4 to OR-l Of-
fice Residential District Classification,
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 Wertzherger 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 Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
ORDINANCE NO. 18.78
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" BY
RECLASSIFYING PROPERTY ON THE
NORTH SIDE OF EMMETT STREET
BETWEEN ST. MARYS STREET AND
BLUFF STREET FROM R.4 RESIDEN.
TIAL DISTRICT CLASSIFICATION TO
OR.l OFFICE.RESIDENTIAL DIS.
TRICT CLASSIFICATION,
said Ordinance having been previously
presented and read at the Council Meet-
ing of March 13,1978, presented for final
adoption.
ORDINANCE NO. 18.78
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" BY
RECLASSIFYING PROPERTY ON THE
NORTH SIDE OF EMMETT STREET
BETWEEN ST. MARYS STREET AND
BLUFF STREET FROM R-4 RESIDEN-
Leo F. Frommelt
City Clerk
PLICATION OF ORDINANCE PROVI,
SIONS
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOWA:
Section 1. That the Code of Ordinanc-
es of the City of Dubuque. Iowa, be
amended by revising Appendix A there.
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque.
Iowa, "by enacting anew SectionS-l03.8
of A rtiele III, as follows:
"ARTICLE III General Provisions
Section 3.103 Application snd
and Scope of Regulations
3.103.8 Buildings, Structures and
Uses of the City 01 Dubuque
All buildings, structures, or uses
owned or operated by the City of Du-
buque not exempted by Section
3-10S.7 shall also be exempted from
the regulations of this ordinance and
shall be permitted in any district pro-
vided that:
1) Council Approval: All building
and site plans shall first be ap-
proved by the City Council after a
report from the Planning and
Zoning Commission.
2) Plsnnlng" Zoning Report: The
Planning and Zoning Commis-
sion skall report upon the effect
of the proposed building, struc-
ture or use upon the character of
the neighborhood, traffic condi-
tions, and other matters pertain-
ing to the public safety and gen-
eral welfare. "
Section 2. That the Code ofOrdinanc-
es of the City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordi'lUlnce
and Zoning Map of the City of Dubuque,
Iowa, " by repealing "subsection 3" of
Section 4-102. 2 of Article IV; as follows:
"ARTICLE IV DISTRICT REGULA.
TIONS
Section 4.102 AG - Agricultural
DIstrict Regulations
4.102.2 Principal Permitted Uses
"S) All buildings, structures, or uses
owned by the City of Dubuque. ..
Section 3. 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
Brd day of Apri~ 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael Jr ing
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
140
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing seeking the views of citizens regard-
ing application dated February 7, 1978
for 100 units of Section 8 Existing Hous-
ing, presented and read. Council Mem-
ber Wertzberger moved that the proof
of publication be received and filed. Sec-
onded by Council Member Farrell. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent- Council Member Brady.
Communication of Associate Plan.
ner Kirkwood submitting requirement
to HUD Indlcstlng the one yesr goels
providing assistance by household
type In various percentages has been
met, presented and read. Council
Member Wertzberger moved that the
communication be received end lIIed.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem.
bers Farrell, King, Wertzberger.
Nays- none.
Absent-Council Member Brady.
Communication of Housing Commis-
sion approving revision of the 1978-79
Housing Assistance Plan (HAP) cover-
ing four items as revised strategy, pre-
sented 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 Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
RESOLUTION NO. 110.78
Authorizing Publication of Notice of
Public Hesrlngs for the Purpose of
Amending the Housing Assistance
Plen of the B.78.MC.19.oo04 Block
Grant Fund Application
WHEREAS, the City of Dubuque is
entitled under Title I of the Housing and
Community Development Act of 1974 to
certain Community 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, chang-
es or amendments require that citizens
be provided with adequate information
concerning the Community Block Grant
Program; and
WHEREAS, Sectiou 670.306 (41 (1) of
the revised rules and regulations dated
March 1, 1978 require that proposed
goals for housing assistance for Federal
143
Fiscal Year 1979 conform to Section
670.306 (b) (4): now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE,IOW A:
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.
Section 2. That the foregoing propos-
ed amendment to the Housing Assis-
tance Plan has heretofore been approv-
ed by the Dubuque Housing Commission
on March 21, 1978.
Passed, adopted, and approved this
3rd day of April,1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
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
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Counc:
Mem-
Member Brady.
Regular Session, April3,1978
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 amending the
Housing Assistance Plan of the B-78-
MC-19-0004 Block Grant Fund Applica-
tion.
A copy of the Block- Grant Application
dated February I, 1978 'and the Amend-
ment 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 AM and 6:00 PM except
Saturdays, Sundays and holidays. Addi-
tional information concerning the Com-
munity Development Block Grant Pro-
gram may be obtained from Dan Dit.
temore or Harry Neustadt of the De-
partment of Community Development
(319-667-1930).
The public hearings will be held in
City Council Chambers, City Hall, 13th
and Central, Dubuque, Iowa at 7:30 PM
on April 17, 1978. Any person or organ-
izationdesiringto be heard will be given
an opportunity to express their views on
this Amendment.
"'1iil
......,...._-,-""""""'~.
~ ~
_.
---~---
Regular Session, April3,1978
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOWA:
Section 1. That Section 1.4-7.4 olthe
Code of Ordinances of the City of Dubu-
que, Iowa be amended by repealing Sec-
tion 1.4-7.4 and enacting a new Section
14-7.4 in lieu thereof as follows:
USee. 14.74. Expiration; Renewal.
No person shall engage in the opera-
tion of any service within the City of
Dubuque, Iowa without first secur-
ing a license or permit therefor in
compliance with the provisions of
this Ordinance, and pay afee therefor
in the amount of ten dollars ($10.001.
The license required by this divi.
sion shall expire on the thirtieth day
of June following the issuance there-
of and renewal fees for such license
shall be due Julyfirst of each year for
the ensuing year and shall become
delinquent if unpaid by the tenth day
of July of each year. A penaltYIee of
ten dollars ($10.00) will be added to all
delinquent fees. "
Passed, adopted, and approved this
3rd day of Apri. 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
Leo F. Frommelt
City Clerk
1t 4/6
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council
Member Brady.
Communication of Health Depart-
ment recommending adoption of an Or-
dinance prohibiting the establishment
and operation of tatoo parlors AND AN
ORDINANCE ameuding Code of Ordi-
nances by adding a new Chapter 181/2
prohibiting the operation of a tatoo es-
tablishment of engaging in the practice
or business of tatooing as a tatoo opera-
tor oras a tatoo artist and prescribing
penalty, presented and read. Mayor Tul-
ly moved that the Communication and
Ordinance be tabled to the Council Meet-
ing of April 17, 1978. Seconded by Coun-
cil Member Farrell. Carried by the fol-
lowing vote:
Mem-
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 6th day of April
1978.
1t 4/6
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member King. Carried l>Y the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
ORDINANCE NO. 18.78
An Ordinance amending the Code of
Ordinances of the City of Dubuque,
Iowa, by ; repealing Section 14-74 and
enacting a new Section 14-74 in lieu
thereof to provide for payment of delin-
quent fee and to provide for payment of
penalty for violation thereof, presented
and read. Council Member Farrell mov-
ed that the reading just had be con-
sidered the first reading of the Or-
dinance. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent - Council Member Brady.
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 Council
Member King. Carried by the following
vote:
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 6th day of April
1978.
Mem-
spection, shall be prima facie
evidence of good safety standards."
Passed, adopted, and approved this
3rd day of Apri. 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
Yeas - Mayor Tully, Counci
bers Farrell, King, W ertzberger.
Nays-none.
Absent - Council Member Brady.
Leo F. Fromme
City Clerk
142
~;.~.."'<;;-~~":---_.;;;;!:
ORDINANCE NO. 18.78
AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OFTHE CITY
OF DUBUQUE,IOWA BY REPEALING
SECTION 14.74 AND ENACTING A
NEW SECTION 14.74 IN LIEU THERE.
OF TO PROVIDE FOR PAYMENT OF
DELINQUENT FEE AND TO PROVIDE
FOR PAYMENT OF PENALTY FOR
VIOLATION THEREOF
NOW THEREFORE BE IT ORDAIN.
145
provide $192;000. for purchase of Urban
Renewal Land (Amended application at~
tached), presented and read. Council
Member Wertzherger moved that the
proof of publication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Council Members Farrell,
King, W ertzberger.
Nays-none.
Abstain-Mayor Tully.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Notice of pendency on
Resolution of Necessity upon proposed
plans, specs., form of contract. etc., for
construction of Central A venue at 17th
Street traffic signals, presented and
read. Council Member Farrell moved
that the proof of publication be received
and filed. Seconded by Council Member
W ertzberger. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
(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
City 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
A venue 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 consid-
eration of this proposed resolution have
on file with the City Clerk, objections to
the amount of the cost of the improve-
ment, they shall be deemed to have waiv-
ed all objections thereto.
Said improvements shall be construct-
ed and done in accordance with the plans
and specifications which have been ap~
proved by the City Council and are now
on file with the City Clerk. That the cost
and expense of making said improve-
ment 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.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
Regular Session, April3,1978
PM, Monday through Friday until 5:00
PM on tbe 19tb day of May, 1978.
The name of the applicant is the City
of Dubuque, Iowa, and the Chief Execu-
tive 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, Dubuque, Iowa.
The City of Dubuque will undertake
the project 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
Thomas A. Tully, Jr., in his official capa-
city as Mayor, consent to accept the jur-
isdiction of the Federal courts if an ac~
tion is brought to enforce responsibili-
ties in relation to environmental re-
views, decision-making, and action; and
that these responsibilities have been
satisfied. The legal effect of the Certifi-
cation is that upon its approval, the City
of Dubuque may use the Block Grant
funds and HUD will have satisfied its re-
sponsibilities under the National Envi-
ronmental Policy Act of 1969. HUD will
accept an objection to its approval of the
release of funds and acceptance of the
Certification only if it is on one of the
following bases: (a) That the Certifica-
tion was not in fact executed by the chief
executive officer or other officer of appli-
cant approved by HUD; or (b) that appli-
cant's environmental review record for
the project indicates omission of a re-
quired decision, finding, or step appli-
cable to the project in the environmental
review process. Objections must be pre-
pared and submitted in accordance 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. Objec-
tions to the release of funds on bases
other than those stated above will not be
considered by HUD. No objection re-
ceived after the 19th day of May, 1978,
will be considered by HUD.
Leo F. Frommelt
City Clerk
Mayor Pro-Tern Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Pro-Tern Wertzberger,
Council Members Farrell, King.
Nays - none.
Abstain-Mayor Tully.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing on the amending of Community De-
velopment Block Grant Agreement to
Jill
Regular Session, April 3,1978
sible 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 as-
sumed and carried out by the City of Du-
buque 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 environ-
mental reviews, decision-making and ac-
tion.
Section 6. That the Mayor of the City
of Dubuque be and he is hereby authoriz-
ed and directed to executive a Certifica-
tion pertaining to the environmental re-
view 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
3rd day of April, 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
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
City of Dubuque intends to file a request
on May 1,-1978, for Release of Funds for
Certification of a project identified as
the purchase .of cleared Land in the
Downtown Urban Renewal Project,
Iowa R-15, to be undertaken with funds
made available under Title I of the Hous-
ing and Community Development Act of
1974.
The project includes the purchase of
cleared land in the Downtown Urban Re-
newal Project, Iowa R-15, by the City of
Dubuque, and upon resale of the cleared
land for redevelopment purposes in ac-
cordance with the approved Urban Re-
newal Project to redeposit the funds in
the Community Development Block
Grant Program.
The City .of Dubuque has made an En-
vironmental Review Record for the pro-
ject, and has placed this record on file in
the Office of the City Clerk in City Hall,
13th and Central, Dubuque, Iowa, where
said record may be examined and copied
between the hours of 8:00 AM and 5:00
144
RESOLUTION NO. 111-78
Authorizing Submission of a-Request
for Release of Funds lor the Purchase
of Cleared Land In the Downtown Ur.
ban Renewal Project, Iowa R.15
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 Environmental
Assessment of a proposal (project) to
purchase cleared land in the Downtown
Urban Renewal Pr.oject, Iowa R-15. with
Community Development Block Grant
funds: and
WHEREAS, pursuant to Resolution
No. 103-78 adopted March 20, 1978, Pub-
lic Notice of a "Finding of No Significant
Effect on the Environment" for the pro-
posal (project) was published March 22,
1978, in the Dubuque Telegraph Herald,
a newspaper of general circulation, and
provided for a public comment period
unti112:00 uoou, Friday, April 14, 1978;
and
WHEREAS, Public Notice ofa "Fiud-
ing .of No Significant Effect on the Envi-
ronment" for the proposal (project) was
sent by regular mail to various Federal,
state and local public agencies and to the
local news 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 a proposal, have been duly
c.onsidered: and
WHEREAS, it is 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 release
of funds under the said Act to carry out
the above identified project, now there-
fore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE,IOWA:
Section 1. That the Environmental
Review Record for the purchase of
cleared land in the Downtown Urban
Renewal Project, Iowa R-15, with Com-
munity Development Block Grant funds
shall continue to remain.on file in the Of-
fice of the City Clerk, where said record
may be examined and copied by any in-
terested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and di-
rected to submit to the U.S. Department
of Housing and Urban Development on
the 1st of May, 1978, a request for re-
lease of funds to undertake the said Pro-
ject.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent to assume the status of a respon-
147
be and the same are hereby ordered and
constructed by tbis Council upon its own
motion and with or without the petition
of property owners. All the work shall be
constructed in accordance with the plans
and specifications heretofore adopted
and now on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of said improve~
ment be paid from the Road Use Tax
Fund.
BE IT FURTHER RESOLVED that
this resolution being deemed urgent and
of immediate necessity shall be in force
and effect from and after its passage and
adoption by the City Council.
Passed.. adopted, and approved this
3rd day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
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 Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Notice to Contractors
for the receipt of bids for construction of
the East 22nd Street at Windsor Avenue
School Signals, presented and read.
Council Member Wertzberger moved
that the,praof of publication be received
and filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent- Council Member Brady.
Marc~ 28,1978
To the Honorable Mayor
and City Council
Pursuant to your instructions, sealed
proposals were received until 10:00 A.M.
C.S.T.. Tuesday, March 28,1978 for the
East 22nd Street at Windsor Avenue
School Signals.
The low bid was entered by Uhlrich
Electric Company of Dubuque, Iowa.
Their bid was $8,393.14 which is 1.2%
over the Engineer's Estimate.
I recommend that the contract be
awarded to Uhlrich Electric Company.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the communication be received and
Regular Session, April3,1978
City of Dubuque and public notice given
as provided by Chapter 384 of the Code
of Iowa, 1977, pertaining to public con-
tracts and bonds, and the time and place
fixed for the hearing of all objections to
said plans, specifications or contract for
or cost of such improvements, said time
being this 3rd day of April, 1978; and
WHEREAS, the City Council met in
regular session this 3rd day of April,
1978, at 7:30 o'clock P.M. at the Council
Chambers in the City Hall for the pur-
pose of hearing all interested parties and
considering any and all objections which
have been filed to the proposed plans,
specifications or contract for or cost of
the improvement herein described and
proposed to be made; and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have been
duly weighed and considered; now,
therefore
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, that all objec-
tions which have been made and filed to
the plans, specifications, contract for or
cost of said improvement herein describ-
ed and proposed to be made, be and the
same hereby overruled and such plans,
specifications and form of contract here-
tofore approved are hereby adopted.
BE IT FURTHER RESOLVED that
this resolution containing the decision of
this Council upon all objections which
have been filed to the plans, specifica-
tions and form of cost said improvement
be made a matter of permanent record in
connection with said improvement.
Passed, adopted, and approved this
3rd day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
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 Farrell, King, Wertzberger.
Nays-none.
Absent- Council Member Brady.
(Ordering Construcllon)
RESOLUTION NO_113-78
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE that pursuant to a Resolution of
Necessity No. 86-78 which was duly
passed by this Council for the construc-
tion of East 22nd Street at Windsor Ave-
nue School Signals
~
Regular Session, April3,1978
(NECESSITY FOR IMPROVEMENT)
RESOLUTION NO. 88.78
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
City 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 WindsorA venue 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 consid-
eration of this proposed resolution have
on file with the City Clerk, objections to
the amount of the cost of the improve-
ment, they shall be deemed to have waiv-
ed all objections thereto.
Said improv'ement shall be construct-
ed and done in accordance with the plans
and specifications which have been ap-
proved by the City Council and are now
on file with the City Clerk. That the cost
and expense of making said improve-
ment will be paid from the Road Use Tax
Fund.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 13th day of March,
1978.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 3rd day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
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 Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
(Decision 01 Council upon objections
to plsns, specifications, form of con.
tract and cost of improveMents)
RESOLUTION NO. 112.78
WHEREAS, proposed plans and spe-
cifications and form of contract for the
construction of the East 22nd Street at
Windsor Avenue School Signals have
been approved by the City Council of the
Member Brady.
March 29, 1978
To the Honorable Mayor
and City Council
Pursuant to your instructions sealed
proposals were received until 10:00
A.M., C.S.T.. Tuesday, March 28, 1978
for the Central A venue at 17th Street
Traffic Signal Improvements.
I would recommend that we reject all
bids received and would request author-
ization to re-bid the project on April 25,
1978.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the recommendation be approved
and rebid be set for April 25, 1978. Sec-
onded by Council Member King. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Notice of pendency of
Resolution of Necessity for construction
of East 22nd Street at Windsor A venue
School Signals, presented and read.
Council Member Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
Farrell. Carried by the foIlowing vote:
Yeas-Mayor TuUy, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
146
passed and adopted, as proposed, by the
City Council this 8rd day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
Carolyn Farrell
ATTEST: Council Members
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member W ertzberger. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher. of Notice to Contractors
for receipt of bids for the construction of
Central Avenue at 17th Street Traffic
Signal Improvements, presented and
read. Council Member Farrell moved
that the proof of publication be received
and filed. Seconded by Council Member
King. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Councr
\
149
furnished and conveyance shat
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 io*
terest in real estate as is by law re.
quired.
Passed. adopted. and approved this
3rd day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
WHEREAS Chapter 368 of the Code
of Iowa, as amended. authorizes the ex-
tension of city limits under such circum-
stances by adoption of a Resolution
therefor; and
WHEREAS the future growth, order-
ly development and preservation of the
public health of the City of Dubuque.
Iowa makes it imperative that said
following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell. King, Wertzberger.
Nays-none.
Absent...,.... Council Member Brady.
RESOLUTION NO. 116-78
WHEREAS, the City of Dubuque,
Iowa is the owner of real estate describ.
ed as:
The west 42 feet of the north 49 fee.t of
Lot 48. Coriell's Addition, in the City
of Dubuque, Iowa;
and
WHEREAS. Thomas D. Felderman
and Richard S. Smith have made an offer
to purchase said real estate; and ATTEST:
WHEREAS. the City Council of the Leo F. Frommelt
City of Dubuque, Iowa has examined City Clerk
said offer to purchase reall}state and Council Member Wertzberger moved
finds that the sale of said real estate adoption of the Resolution. Seconded by
should be approved; Council Member King. Carried by the
NOW THEREFORE BE IT RESOLV. followiug vote:
ED BY THE CITY COUNCIL OF THE Yeas - Mayor Tully, Council Mem-
CITY OF DUBUQUE, IOWA: bers Farrell, King, Wertzberger.
Section 1. That the sale of the herein- Nays _ none.
above described real estate owned by Absent-Council Member Brady.
the City of Dubuque, Iowa to Thomas D. Petition of Tom Menster of 1869 Mil.
Felderman and Richard S. Smith be and ler Road submitting application for an-
the same is hereby approved subject to nexation to the City of Lot 2 of Sub. of
the following terms and conditions: Lot 1 of Lot 2 of Mineral Lot 498, pre~
1. That tli'e sale price of said real es~ sented and read. Council Member
tate shall be Four Hundred Wertzberger moved that the annexation
($400.00) Dollars for the herein~ be approved. Seconded by Council
above described real estate con- Member King. Carried by the following
taining approximately 2,056 vote:
square feet; Yeas - Mayor Tully, Council Mem~
That said parcel of real estate bers Farrell, King, Wertzberger.
shall be subdivided and conveyed Nays-none.
to said purchasers who intend to Absent-Council Member Brady.
make a parking lot thereat to ac- RESOLUTION NO. 117.78
commodate an adjoining building; WHEREAS the owners of an area ap-
That the parking plot plan and lot proximately 0.,77 acr.es in size ~ying
screening shaH be subject to the south of the mam po~tlOn o~ the CIty ~f
approval of the City Planning Dubuque, Iowa and ImmedIately contI-
staff; guous to and west of, that portion of the
city limits identified as Rockdale Road,
now voluntarily petition the City Coun~
cit 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 if said prop-
erty is incorporated within the limits of
the City of Dubuque, Iowa, to wit, the
benefits of police and fire protection, and
the securing of water, sewer and other
municipal services;
Regular Session, April3,1978
That the City of Dubuque, Iowa
shall retain an easement in, over
and across said plot to obtain ac-
cess to and to service the bluff at
the rear of said plot;
That the curb cut and drive en-
trance shall be approved by the
City Engineer;
That the purchasers shall have
said real estate surveyed and
shall pay for said surveying;
That the purchasers shall pay the
costs of advertising and record-
ing.
That the City shall reserve unto
itself all existing easements for
waterlines, sewer lines and for
utilities together with right of in.
gress and egress to repair, in-
spect and maintain the same.
That no abstract of title will be
2.
3.
4.
6.
6.
7.
8.
9.
-~--,~,..,""""".,..
--
"~
~I
Regular Session, April 3, 1978
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, W ertzberger.
Nays-none.
Absent - Council Member Brady.
RESOLUTION NO. 115.78
WHEREAS the owners of an area ap-
proximately 3.34 acres in size lying
south of the main portion of the City of
Dubuque, Iowa and immediately conti-
guous to and west of, that portion of the
city limits identified as Rockdale Road,
now voluntarily petition the City Coun-
cil 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 if said prop-
erty is incorporated within the limits of
the City of Dubuque, Iowa, to wit, the
benefits of police and fire protection, and
the securing ~ water, sewer and other
municipal ser ices;
WHEREAS Chapter 368 of the Code
of Iowa, as amended, authorizes the ex-
tension of city limits under such circum~
stances by adoption of a Resolution
therefor; and
WHEREAS the future growth, order-
ly development and preservation of the
public health of the City of Dubuque,
Iowa makes it imperative that said pre-
mises be made a part of the City of Du-
buque, Iowa;
NOW THEREFORE BE fTRESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, lOW A AS FOL-
LOWS:
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 describ~
ed real estate:
Lot 2 of Lot 1 of Lot 2 of Mineral Lot
499 in Table Mound Township
(Said property being shown upon the
plat attached hereto, marked Exhibit
"A" and by this reference made a part
hereof. the boundaries of which being
outlined in red thereon.)
Section 2. That the premises herein
annexed shall become part of the twen-
ty-fourth voting precinct in the City of
Dubuque. Iowa.
Passed. adopted, and approved this
3rd day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
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
,__;~~i.!1:)t_
148
filed and recommendation be approved.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
(Awarding Contract)
RESOLUTION NO. 114.78
WHEREAS. sealed proposals have
been submitted by contractors for the
construction of East 22nd Street at
Windsor Avenue School Signals pur-
suant to Resolution No. 113-78 and
notice to bidders published in a newspa-
per published in said City on March 17.
1978: and
WHEREAS, said sealed proposals
were opened and read on March 28, 1978,
and it has been determined that the bid
of Uhlrich Electric Company of Dubu~
que, Iowa in the amount of$8,393.14 was
the lowest bid for the furnishing of all
labor and materials and performing the
work as provided for in the plans and
specifications; now therefore,
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque that the con~
tract for the above mentioned improve-
ment be awarded to Uhlrich Electric
Company and the Manager be and he is
hereby directed to executve a contract
on behalf of the City of Dubuque for the
complete performance of said work.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and the
approval of the contractors bond the
CIty Treasurer is authorized and in-
structed to return the bid deposits of the
unsuccessful bidders.
Passed, adopted. and approved this
3rd day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
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 Farrell, King, Wertzberger.
Nays-none.
Absent - Council Member Brady.
Petition of Kevin R. Beatty of 1555
Miller Road submitting application for
annexation of Lot 2 of 1 of 2 ofM.L. 499 in
Table Mound Township, presented and
read. Council Member Wertzberger
moved that the annexation be approved.
Seconded by Council Member King. Car-
ried by the following vote:
truck traffic, presented and read. Coun.
cilMember Wertzberger moved that the
petition be referred to the City Manager
and Traffic Department. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem.
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Petition of James A. Schwers request.
ing a refund of $147. indicating a double
payment on a building permit, which re-
fund was refused by the Building De.
partment even though a Judge dismiss-
ed charges against the defendant, pre.
sented and read. James Schwers ad.
dressed the Council relative to the peti.
tion. Council Member Wertzberger
moved that the Refund be DISALLOW-
ED. Seconded by Council Member King.
Carried by the following vote:
Yeas - Council Members Farrell,
King, Wertzberger.
Nays-none.
Abstain - Mayor Tully.
Absent-Council Member Brady.
Petition. of Herman Ginter et al re-
questing drainage correction of the area
on Oak Street to prevent property dam.
age, presented and read. Council Mem.
ber Wertzberger moved that the peti.
tion be referred to the City Manager and
Engineering Department. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent - Council Member Brady.
Petition of Plumbers & Pipefitters
Local #66 (216 signers) requesting adop.
tion of an Ordinance that all future City
contracts for construction and renova-
tion be bid under separate contract
method form of bidding, presented and
read. Wm. Herrig spoke to the petition.
Council Member Wertzberger moved
that the petition be received and filed
and referred to the City Manager for in.
vestigation and report. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor TuUy, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Communication of Thomas A. Lukse.
tich requesting help from the City to
communicate with the County as to a
proposed rezoning of land to the rear of
Century Drive, to be classified as Indus.
trial District, presented and read.
Tom Luksetich spoke to the communi.
cation objecting to the petitioners, Fon-
dell & Sons and Dubuque Ready Mix, re.
questing for M.2 zoning from the Coun-
151
3,1978
Regular Session, Apri
cil Member Wertzberger moved that the
communication be received and filed and
copy be sent to Building Department.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem.
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady;
Communication of Peoples Natural
Gas advising of a rate increase of .523~
per hundred cubic feet of all residential,
commercial and rural small volume cus.
tomers effective after May 19, 1978, 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 Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
Petition of Brian J. Colby (by A ttor.
ney Bitter) owners of Lot 199 in Julien
Addition and requesting vacation of Mc.
Kinley Avenue with intent to purchase,
presented and read. Council Member
Wertzberger moved that the petition be
referred to the City Manager and Engi.
neering Department. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem.
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Petition of Harbinger Corporation (by
Attorney McCarthy) indicating a desire
to purchase W lit of Lot 52 and E IJz of Lot
53 in Cook1s Addition (616 Lincoln Ave.)
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 Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
Communication of Leo Breitbach sub.
mitting a bid of $600. on Lot 66 Voelker
Highlands, as an abutter, presented and
read. Council Member Wertzberger
moved that the communication be re.
ferred to City Manager and Stafffor pro.
per proceedings. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem.
bers Farrell, King, Wertzberger.
Nays - none.
Absent- Council Member Brady.
Petition of Walter A. Pregler request-
ing discontinuance of parking on the
north side of 9th Street east of Central
A venue to the alley to accommodate
Regular Session, April 3, 1978
Passed, adopted, and approved this
3rd day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
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 Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
RESOLUTION NO. 119.78
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 occu.
pied by such applicants were inspected
and found to comply with the State Law
and all City Ordinances relevant thereto
and they have filed proper bonds;
NOW THEREFORE BE IT RESOLV-
ED, By the City Council of the City of
Dubuque, Iowa, that the Manager be au.
thorized to cause to be issued to the fol.
lowing named applicants a Liquor
License.
CLASS "C" (COMMERCIAL) BEER
AND liQUOR LICENSE
The Dubuque Fine Arts Society, Inc.
ICANCELLED), 1098 Jackson Street.
Ronald Fens, 1121 University Ave.
Mary Kathryn Ford, 1027 Rhomberg
Ave.
Passed, adopted, and approved this
3rd day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
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 Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Communication of Peoples Natural
Gas advising of application for authority
from Iowa State Commerce Commission
for authority to revise its customer con.
nection and main and service line exten.
sion policies, presented and read. Coun.
CLASS "C" BEER PERMIT
Palmer Drug Company (Also Sunday
Sales), 2600 Dodge Street.
Lot2 of Sub. of LotI ofLot2 of Miner.
ai Lot 498
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 Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
RESOLUTION NO. 118.78
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 occu.
pied by such applicants were inspected
and found to comply with the ordinances
of this City and have filed proper bonds;
NOW THEREFORE BE IT RESOL V-
ED, by the City Council of the City of
Dubuque, Iowa, that the Manager be au-
thorized to cause to be issued to the fol.
lowing named applicants a Beer' Permit.
CLASS "B" BEER PERMIT
St. Patrick's Church, Inc. (Also Sun.
day Sales), 1425 Iowa Street.
Section 2. That the premises herein
annexed shall become part of the twen.
ty.fourth voting precinct in the City of
Dubuque, Iowa.
(Said property being shown upon the
plat attached hereto, marked Exhibit
"A" and by this reference made a part
hereof, the boundaries of which being
outlined in red thereon.)
this
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOL-
LOWS:
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 de-
scribed real estate:
premises be made a part of the City of
Dubuque, Iowa;
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
Passed, adopted, and approved
3rd day of April, 1978.
150
,'~,~^-,~
-~'-......,~...--."'~""'"
..,.~,
153
W ertzberger, Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
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 Council
Member Wertzberger, Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger,
Nays-none,
Absent-Council Member Brady,
Council Member Farrell moved that a
public hearing be held on the Ordinance
on May 1,1978 at 7:30 o'clock P.M. in the
Council Chamber at the City Hall and
that the City Clerk be instructed to pub-
lish notice of the hearing in the manner
required by law. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays..;... none.
Absent-Council Member Brady.
Communication of Citizens Advisory
Commission advising they are about to
embark on a project on a complete and
conclusive report on the recreational fa-
cilities of the City, presented and read.
Council Member Wertzberger moved
thaf the communication be received and
filed and referred to the Council. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
Notice of Claim of Daniel J. N ader-
mann, inthe amount of $160., for car dam-
ages incurred as the result of driving in-
to a pothole at 21st Street between Cen-
tral & White Sts. on March 22,1978, 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 Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Notice of Claim of Janice M, Stemper,
in the amount of $85., for car damages in"
curred as the result of driving into a pot-
hole on J.F.K. Road on March 11, 1978,
presented and read. Council' Member
Wertzberger moved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
Regular Session. April 3. 1978
Council Member Farrell moved that
the communication be received and filed.
Seconded by Council Member Wertzber-
gel'. Carried by the following vote:
Yeas-Mayor Tully, Council Mem"
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
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 property at 1919
University A venue from ID Institution-
al District Classification to R-8 Residen-
tial District Classification, presented
and read. Council Member Farrell
moved that the reading just had be con-
sidered the first reading of the Ordi-
nance, Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none,
Absent-Council Member Brady.
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 Council
Member Wertzberger. Carried by the
following vote:
Yeas-::--Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger,
Nays-none.
Absent-Council Member Brady.
Council Member Farrell moved that a
public hearing be held on the Ordinance
on May l,1978at 7:80 o'clock P.M. in the
Council Chamber at the City Hall and
that the City Clerk be instructed to pub-
lish notice of the hearing in the manner
required by law. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
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 property at 1927
University A venue from ID Institution-
al District Classification to R-8 Residen-
tial District Classification, presented
and read. Council Member Farrell
moved that the reading just had be
considered the first reading of the Ordi"
nance. Seconded by Council Member
"~~-,~,.~"
''''''''""",'''~'
Regular Session. April 3. 1978
Yeas -:- Counci
W ertzberger.
Nays-Mayor Tully.
Atis-tain~Council Member King.
Ab"s,ent-Council Member Brady
MOTION FAILED.
Mayor Tully moved to communicate
the position of the Council to the Super"
visors. MOTION DIED FOR A LACK
OF A SECOND.
Mayor Tully moved that the City
Council convey to the Board of Super-
visors pending a resolution of important
questions - traffic impact on residen-
tial streets - determination of further
zoning _ addressing to what is consider-
ed necessary screening - Council can"
not recommend rezoning to Heavy In-
dustrial. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell, W ertzberger.
Nays - none.
Abstain-Council Member King.
Absent-Council Member Brady.
March 17,1978
Honorable Mayor and
Council Members
The City of Dubuque Planning and
Zoning Commission has held public hear"
ings on two petitions for reclassification
of property owned by the University of
Dubuque and lying within its 10 Institu~
tional District boundaries. The petition-
ers are intended purchasers and seek
R-8 Residential District classification on
the properties at 1919 and 1927 Univer-
sity Avenue which are located at the
northwest intersection of Auburn
Street and University Avenue in the
City of Dubuque, Iowa.
In reviewing the above described pe-
titions, the Planning and Zoning Com-
mission has found that Section 4-118.7 of
Article IV of the Zoning Ordinance pro-
hibits any uses in the 10 District which
are not related to the institution and re-
quires thatthe purchaser seek appropri-
ate reclassification of the property prior
to commencement of any use on the pre-
mises. The Commission determined that
the R-3 Residential District classifica-
tion is a suitable restoration of the Two"
Family zoning classification which was
applied to the property prior to the inclu-
sion in the 10 District in 1975.
The City Planning and Zoning Com-
mission has voted to approve the re-
quests for R-3Residential District classi-
fication on the subject properties and
recommends your favorable considera-
tion.
City Planning
and Zoning Commission
Daniel Dittemore
Director of
Community Development
Farrel
Members
152
ty, which is Heavy Industrial Classifica-
tion, to allow for a cement mix factory.
Attorney Thomas McKay, represent-
ing Fondell & Sons, spoke to the commu-
nication.
Attorney Howard Hagen, represent-
ing Dubuque Redi-Mix Co. stated
business would be below Century Drive;
Proper landscaping and screenipg would
be completed; Would meet all DEQ
Standards pertaining to pollution:
Needs accessibility to railroad which
would be available.
Ed Rolle, Manager of Ready Mix,
spoke to the request for rezoning,
stating travel distance is crucial.
Council Member Wertzberger moved
that the communication of Thomas A.
Luksetich be received and filed and re-
ferred to the City Manager. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Communication of Dan Kruse Pontiac
Inc. by Attorney Hughes, requesting
permission to address the Council rela-
tive to rezoning of certain land along
Century Drive to a Heavy Industrial
Classification by the County, presented
and read.
Attorney Hughes, representing Dan
Kruse Pontiac Inc., addressed the Coun"
cil objecting to cemel)t plant; Use not
compatible to surrounding area; No con~
nection to railroad tracks.
Council Member Wertzberger moved
that the communication of Dan Kruse
Pontiac Inc. be received and filed and re"
ferred to the City Manager. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-'-none.
Absent-Council
Ken Brandel of 1640 Bies Dr. objected
to the rezoning stating road from Fon-
dell property comes out at Century
Drive at intersection of Bies Dr. and
Sylvan Dr. and those residential streets
were not made for constant heavy traf-
fic.
Dan Dittemore of the Planning and
Zoning Department submitted a report
and recommendation of the Century
Drive Industrial Development. Coun~il
Member Wertzberger moved that the
document presented by Planning & Zon~
ing be forwarded to the County Board of
Supervisors for their meeting of April
10, 1978. Seconded by Council Member
Farrell. VOTE ON THE MOTION WAS
AS FOLLOWS:
Member Brady.
155
Car-
Regular Session, April 3, 1978
Flags Center Commission submitting anded by Council Member Farrel:
minutes of their meeting of March 21. ried by the following vote:
1978, presented and read. Council Mam- Yeas -Mayor Tully, Council Mem-
ber Wertzberger moved that the min- bers Farrell, King, Wertzberger.
utes be received and filed. Seconded by Nays-none.
Council Member Farrell. Carried by the Absent-Council Member Brady.
following vote: Petition of Iowa Northwest Develop-
Yeas - Mayor Tully, Council Mem- ment Corp. requesting permission to in-
bers Farrell. King, Wertzberger. stall street light poles in Arbor Oaks
Nays-none. Sub.. presented and read. Council Mem-
Absent-Council Member Brady. ber Wertzberger moved that the peti-
Communication of Dubuque Transit tion be referred tothe City Manager and
Trustee Board submitting minutes of Electrical Inspector. Seconded by Coun.
their meetings of December 27, 1977 and cil Member Farrell. Carried by the fol-
February 20, 1978, presented and read. lowing vote:
Council Member Wertzberger moved Yeas-Mayor TulIy,CounciI Mem-
that the minutes be received and filed. bers Farrell, King, Wertzberger.
Seconded by Council Member Farrell. Nays-none.
Carried by the following vote: Absent-Council Member Brady.
Yeas - Mayor Tully, Council Mem. Petition of Peoples Natural Gas re-
bers Farrell, King, Wertzberger. questing permission to excavate at 1816
Nays - none. Loras Blvd., presented and read. Council
Absent-Council Member Brady. Member Wertzberger moved that the
Communication of Dubuque Airport request be approved. Seconded byCoun.
Commission submitting minutes oftheir cil Member Farrell. Carried by the fol.
meeting of March 28, 1978, presented lowing vote:
and read. Council Member Wertzberger Yeas - Mayor Tully, Council Mem-
moved that the minutes be received and bers Farrell, King, Wertzberger.
filed. Seconded by Council Member Far. Nays-none.
rell. Carried by the following vote: Absent-Council Member Brady.
Yeas - Mayor Tully, Council Mem. Petition of Julia Clark requesting are.
bers Farrell, King, Wertzberger. fund of $26. on the unexpired portion of
Nays-none. Cigarette License No. 1212, presented
Absent - Council Member Brady. and read. Council Member Wertzberger
Communication of Community Devel- moved that the refund be granted and
opment Commission submitting minutes City Auditor directed to issue proper
of their meeting of March 14, 1978, pre. warrant. Seconded by Council Member
sented and read. Council Member Farrell. Carried by the following vote:
Wertzberger moved that the minutes be Yeas -Mayor Tully, Council Mem.
received and filed. Seconded by Council bers Farrell, King, Wertzberger.
Member Farrell. Carried by the follow. Nays-none.
ing vote: Absent-Council Member Brady.
Yeas-Mayor Tully, Council Mem- Petition of Ass't. Director of Recrea-
bers Farrell, King, Wertzberger. tion requesting the closing of east lane of
Nays - none. Kerper Blvd. from 8:80 to 9:00 to conduct
Absent-Council Member Brady. a three and six mile marathon on May 7,
Communication of City Manager sub- 1978, presented and read. Council
mitting reports of City Treasurer, Fi. Member Wertzberger moved that the
nance Director, Water Superintendent, petition be approved subject to final im.
Health Department, as well as list of plementation of the City Manager and
claims paid for the month of February, Traffic Department. Seconded by Coun-
1978, presented and read. Council Mem- cil Member Farrell. Carried by the fol-
.ber Wertzberger moved that the com- lowing vote:
munication be received and filed. Sec- Yeas-Mayor TuIly, Council Mem.
onded by Council Member Farrell. Car- bers Farrell, King, Wertzberger.
ried by the following vote: Nays-none.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Public Notice advising
that a copy of the detailed budget show.
ing a summary of the use of Federal
Sharing Funds is available for inspec-
tion, ,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 fonowing vote:
Mem-
Proof of Publication, certified to by
the Publisher, of expenditures and re-
ceipts, also list of claims for February,
1978, presented and read. Council Mem-
ber Wertzberger moved that the proof
of publication be received and filed. Sec-
Yeas-Mayor Tully, Counci
bers Farrell, King, W ertzberger.
Nays-none.
Absent-Council Member Brady.
~'--~~''';;&'''~
Regular Session, April 3, 1978
Press on March 8, 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 Council
Member Farrell. Carried by the follow"
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, W ertzberger.
Nays - none.
Absent-Council Member Brady.
Notice of Claim of Anthony L. Blat-
nek, in the amount of $185.60, for car
damages incurred as the result of dri-
ving over a defective manhole cover in
the alley behind 2109 Rhomberg on
March 24, 197~, presented and read.
Council Member Wertzberger moved
that the Notice of Claim be referred to
the City Solicitor for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Notice of Claim of Ruth M. Anderson,
in an undetermined amount, for personal
injuries received in a fall as the result of
construction at the Iowa Street Parking
Ramp on March 20,1978, 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 Council
Member Farrell. Carried by the follow.
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, W ertzberger.
Nays - none.
Absent-Council Member Brady.
Communication of Planning & Zoning
submitting supplementary sheets for
Zoning Ordinance including amend.
ments to March 20, 1978, also a replace-
ment of Ordinance index, 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 Farrell, King, W ertzberger.
Nays - none.
Absent-Council Member Brady.
". Communication of Planning & Zoning
Commission submitting minutes of their
meeting of March 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 Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Communication of Dubuque Five
Carried by
by Council Member Farrell
the following vote:
Yeas-Mayor Tully, Coun<r
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
Notice of Claim of Velma H. Wild, in
an undetermined amount, for personal
injuries received in a fall on an icy side-
walk in front of Aladdin Cleaners on 8th
Street on January 20, 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 Council
Member Farrell. Carried by the follow.
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell,King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Notice of Claim of Robert J. Kunkel, in
an undetermined amount, for personal
injuries received in a fall on an icy inter-
section of J enni & Theisen Streets on
February 22. 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 Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Notice of Claim of Charles Banks, in
an undetermined amount, for personal
injuries received as the result of a fall on
a patch of ice at 461 W. 6th Street on
March 7, 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 Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully. Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent - Council Member Brady.
Notice of Claim of David A. Baumann,
in the amount of $214.98 for personal
property damage as the result of a
backed-up sewer at 201 Princeton Place
on March 16, 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 Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem.
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
Notice of Claim ofM. Jack Lambrecht,
in the amount of $141.00, for car dam.
ages incurred as the result of driving off
Kerper Blvd. near Union Hoermann
Mem-
154
~
157
accepts the same and agrees to perform
the conditions required therein.
Dated at Dubuque, Iowa this 3rd day
01 April,1978.
HANSEL BUILDERS, INC.
By: Jeffrey S. Hansel,
President
By: Richard L. Hansel,
Secretary-Treasurer
TO: Leo Frommelt
City Clerk
This is to certify that the security pro-
vided by the foregoing Resolution No.
120-78 has been furnished by the owner.
Dated at Dubuque, Iowa, this 4th day
01 April, 1978.
Gilbert D. Chavenelle
City Manager
Council Member Wertzherger moved
adoption of the Resolution as Amended.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays - none.
Absent-Council Member Brady.
There being no further business.
Council Member Wertzberger moved to
adjourn. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Leo F. Frommelt
City Clerk
Approved 1978
Adopted. 1978
-
-
-
-
-
Council Members
ATTEST:
-
City Clerk
Regular Session, April 3, 1978
Mayor and City Clerk are hereby au-
thorized and directed to endorse the ap-
proval of the City of Dubuque, Iowa upon
said Plat, provided that the owner of
said property herein named shall exe-
cute its written acceptance hereto at-
tached, agreeing:
(a) To provide for the maintenance of
the improvements consisting of
Cedar Cross Court, sanitary sew-
er mains, water mains, storm
sewers and catch basins for a peri-
od of four (4) years from and after
the date of completion of such im-
provements.
(b) That the owner of said subdivi-
sion secure the foregoing mainte-
nance by providing security in
such sum and with such sureties
as may be acceptable to the City
Manager.
(c) That upon annexation of said sub-
division, either voluntarily or in-
voluntarily, to the City of Dubu-
que, that Cedar Cross Court and
the easements for public utilities
shall thereupon become public
property and by acceptance of
this Resolution Hansel Builders,
Inc. does hereby covenant and
agree that Cedar Cross Court and
the easements for public utilities
shall become public property
upon the annexation of said subdi-
vision to the City of Dubuque,
Iowa, and said covenant shall be a
covenant running with the land
binding upon Hansel Builders,
Inc., their successors and assigns,
and shall be deemed a continuing
offer to be accepted by the City of
Dubuque.
Section 2. That in the event that Han-
sel Builders, Inc. shall fail to execute the
Acceptance and furnish the security pro-
vided for in Section 1 hereof within
forty-five (45) days and after the date of
this Resolution, the provisions hereof
shall be null and void and the approval of
the Plat shall not be effective.
Passed, adopted, and approved by
recorded roll call this 3rd day of April,
1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE
Hansel Builders, Inc., having read the
terms and conditions of the foregoing
Resolution No. 120-78, and being famil-
iar with the conditions thereof, hereby
Regular Session, April3,197~
Park and recommends
Cross Industrial
your concurrence.
City Planning
and Zoning Commission
Daniel Dittemore
Director of
Community Development
Jeff Hansel spoke to the project.
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
reH. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
RESOLUTION NO. 120.78
Resolutl~n Approving the Plat of
"Cedar Cross Industrial Park" In Du.
buque Township, Dubuque County,
Iowa
WHEREAS, there has been filed with
the City Clerk of the City of Dubuque,
Iowa a Plat of a subdivision to be known
as "Cedar Cross Industrial Park" in Du-
buque Township, Dubuque County,
Iowa, by the owner, Hansel Builders,
Inc.; and
WHEREAS, upon said Plat appears a
street to be known as Cedar Cross
Court, together with certain public util-
ity easements which the owner has dedi-
cated to the public forever; and
WHEREAS, the property comprising
"Cedar Cross Industrial Park" is located
within Dubuque County, Iowa and not
within the corporate limits of the City of
Dubuque, Iowa but does lie within two
miles of the corporate limits of said City,
and that pursuant to the provisions of
Chapter 409.14 of the Code of Iowa said
Plat must be approved by the City Coun-
cil and the City Planning & Zoning Com-
mission; and
WHEREAS, said Plat has been exam-
ined by the City Planning & Zoning Com-
mission and its approval is endorsed
thereon; and
WHEREAS, Cedar Cross Court has
been installed and paved in accordance
with Plans and Specifications approved
by the City of Dubuque; and
WHEREAS, all sanitary sewer mains,
water mains, storm sewers and catch ba.
sins have been installed in accordance
with Plans and Specifications approved
by the City of Dubuque, Iowa; and
WHEREAS, all of said improvements
have been accepted by the City of Dubu-
que, Iowa;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Plat of "Cedar
Cross Industrial Park" in Dubuque
Township, Dubuque County, Iowa, be
and the same is hereby approved and the
Yeas - Mayor Tully, Counci: Mem-
bers Farrell, King, W ertzberger.
Nays-none.
Absent-Council Member Brady.
March 29, 1978
Honorable Mayor and
Council Members
The City Planning and Zoning Com-
mission has reviewed the final plat of Ce-
dar Cross Industrial Park submitted by
Mr. Richard Hansel. The property is lo-
cated on the northeast side of Cedar
Cross Road southeast of Center Grove in
Dubuque County within the jurisdiction-
al review limits of the City of Dubuque,
Iowa.
Mem-
Communication of City Manager re-
commending installation of three 175
watt mercury lights for Creston Street
as requested by C. E. Mettel, presented
and read. Council Member Wertzberger
moved that the recommendation be ap-
proved. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
Proof of Publication, certified to by
the Publisher, of Public Notice advising
of projects to be undertaken with Block
Grant Funds; Tree Planting, Miscella-
neous Public Improvements, Rehabilita-
tion Loans and Grant Program, Emer.
gency Home Repair Program and Tool
Lending Library, presented and read.
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 Farrell, King, Wertzberger.
Nays - none.
Absent - Council Member Brady.
Communication of City Manager re-
commending the installation of five 175
watt mercury vapor lights and the sixth
one be a 4000 lumen incandescent light,
in Patricia Ann Acres Subdivision as re-
quested by D. James Edwards, present-
ed and read. Council Member Wertzber-
ger moved that the request be approved.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-none.
Absent-Council Member Brady.
156
In reviewing the final plat the Plan-
ning and Zoning Commission has found
that the plat meets the Subdivision Reg-
ulations and is in conformance with the
approved preliminary plat of the area.
The Planning and Zoning Commission
has approved the final plat of Cedar
159
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
REPEALING SECTION 4.118.8.3 OF
ARTICLE IV AND ENACTING A NEW
SECTION 4.118.8.3 OF ARTICLE IV IN
LIEU THEREOF, TO REVISE THE PRO.
CEDURES FOR APPROVAL OF PRE.
LIMINARY DEVELOPMENT PLANS IN
THE INSTITUTIONAL DISTRICT; AND
BY REPEALING SECTION 4.118.8 OF
ARTICLE IV AND ENACTING A NEW
SECTION 4.118.8 OF ARTICLE IV IN
LIEU THEREOF TO PROVIDE FOR
MODIFICATION OF CERTAIN
REGULATIONS GOVERNING YARDS,
HEIGHT, AND OFF.STREET PARK.
ING IN A PRELIMINARY DEVELOP.
MENT PLAN IN THE INSTITUTIONAL
DISTRICT
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Code afOrdinanc-
es of the City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by repealing Section 4-118.6.3 of
Article IV and enacting a new Section
4-118.6.3 of Article IVin lieu thereof, as
follows:
"ARTICLE
TlONS
IV DISTRICT REGULA.
Section 4.1181D
INSTITUTIONAL DISTRICT
Section 4.118.8.3 Prior Preliminary
Development Plan Approvel Requlr.
ed Procedures
None of the activities listed in
4-118.6.2 of this Section skall be per-
mitted unless such activity is in
substantial conformance with an ap-
proved Preliminary Development
Plan. Such Preliminary l)e,velop-
mentPlan skall be prepared and sub-
mitted in conformance with all rele-
vant requirements and procedures of
Sections4~110. 7and4-110.8o!this or-
dinance, which are hereby adopted by
reference. The Commission and
Council shall act on the Preliminary
Development Plan as provided in
Section4-110.11 of this ordinance, the
relevant provisions of which are
hereby adopted by reference, with
the following exceptions:
1) The Preliminary Development
Plan shall be jUdged according to
the review standards of 4.118.6.4
of this Section rather than the
usual PUD standards.
2) Approval of the Preliminary De.
velopment Plan shall be validfor
a period of three (3) years, pro-
vided that after the first year, if
no Final Development Plan has
been filed, the Commission or
Special Session, April 17 ,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, Couneil Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear.
ing to amend the Zoning Ordinance by
repealing Sections 4-118.6.3 and 4-118.8
of Article IV and enacting new Sections
in lieu thereof. to provide for modifica-
tion of certain regulations governing
yards, height and off-street parking in a
preliminary development plan in the In-
stitutional District, 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. Couneil Member Wertzberger
moved that the proof of publieation be
reeeived and filed. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem.
bers Brady, Farrell, King, Wertzberger.
Nays-none.
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
REPEALING SECTION 4.118.8.3 OF
ARTICLE IV AND ENACTING A NEW
SECTION 4.118.8.3 OF ARTICLE IV IN
LIEU THEREOF, TO REVISE THE PRO.
CEDURES FOR APPROVAL OF PRE.
LIMINARY DEVELOPMENT PLANS IN
THE INSTITUTIONAL DISTRICT; AND
BY REPEALING SECTION 4.118.8 OF
ARTICLE IV AND ENACTING A NEW
SECTION 4.118.8 OF ARTICLE IV IN
LIEU THEREOF TO PROVIDE FOR
MODIFICATION OF CERTAIN REG.
ULATlONS GOVERNING YARDS,
HEIGHT AND OFF.STREET PARKING
IN A PRELIMINARY DEVELOPMENT
PLAN IN THE INSTITUTIONAL DIS.
TRICT,
said Ordinance having been previously
presented and read at the Council
Meeting of March 22,1978, presented for
final adoption.
ORDINANCE NO. 19-78
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
Special Session, April 17 ,1978
moved that the proof of publication be
reeeived and filed. Seconded by Council
Member Farrell. Carried by the follow-
OFFICIAL ing vote:
Special Session, April 17, 1978. Yeas-Mayor Tully, Council Mem-
Council met at 7:30 P.M. bers Brady, Farrell, King, Wertzberger.
Present - Mayor Tully, Council Mem. Nays - none.
bers Brady,Farrell, King, Wertzberger. RESOLUTION NO. 121.78
City Manager Gilbert D. Chavenelle. WHEREAS, pursuant to resolution
Mayor Tully read the call and stated and published notice of time and place of
that service thereof has been duly made hearing, published in the Telegraph-
and this Meeting is called for the pur. Herald, a newspaper of general circula-
pose of CONDUCTING PUBLIC tiou published on April 7, 1978 iu the
HEARINGS ON VARIOUS ZONING City of Dubuque, Iowa, the City Council
MATTERS and acting upon sueh other of the City of Dubuque, Iowa met on the
business as may properly come before a 17th day of April, 1978, at 7:30 o'clock
Regular Meeting of the Council. P.M. (CST) in the City Council Chambers
Invoeation was given by Rev. Walter in City Hall, Dubuque, Iowa to consider
Schinder, Pastor of Our Redeemer Lu. the proposal to dispose of interest of the
theran Church. City of Dubuque, Iowa in real estate de-
Proclamations proclaiming May 3rd, scribed as:
1978 as "Sun Day" and Week of May 1 Lot 1 ofBlock2in "River Front Subdi-
thru 7,1978 as "Child Awareness Week" vision No.3" in the City of Dubuque,
were read, approved and signed by Iowa
Mayor Tully. to THERMOLYNE CORPORATION aud
Communication of Ass't. City Manag- WHEREAS, the City Council of the
er advising that Mr. Don Fisk of Devel- City of Dubuque, Iowa overruled any
opment Control Corp. will be present to and all objections, oral or written, to the
discuss plan for development of Down- proposal to dispose of interest of City of
town Area. presented and read. Dubuque, Iowa in the above described
Council Member Farrell moved tosus. real estate to THERMOLYNE COR-
pend the rules to let anyone present ad- PORATION.
dress the Council if they so desire. NOW THEREFORE BE IT RESOLV-
Seconded by CouucilMember Wertzber- ED BY THE CITY COUNCIL OF THE
ger. Carried by the following vote: CITY OF DUBUQUE, lOW A:
Yeas - Mayor Tully, Couneil Mem- Sec~lon 1. That the disposal of inter-
bersBrady, Farrell, King, Wertzberger. est of the City of Dubuque, Iowa in the
Nays-none. following described real estate, to-wit:
Don Fisk, representing the proposed Lot 1 of Block 2 in "River Front Subdi.
developer for the remaining downtown vision No.3" in the City of Dubuque,
urban renewal land, described the plan Iowa
of action he and his partner are under- to THERMOL YNE CORPORATION
taking to secure firm department store for the purchase price of $5,000.00 per
commitments. Mr. Fisk stated that they acre, and which tract contains approxi-
are ready to enter into the Developer mately 5.72 aeres more or less, pursuant
Designation Agreement and they an- to Option Agreement between the City
ticipate that they should be in a position of Dubuque, Iowa and Thermolyne Cor-
to advise the City Council in approxi- poration, the terms and conditions of
mately90 days of the results of their ini- which are fully set out in said Option
tial contacts. Agreement, a copy of which is hereto at-
CouncilMember King moved that the tached and by reference made a part
communication of Ass't. City Manager hereof, be and the same is hereby ap-
be received and filed. Seconded by Coun- proved.
cil Member Wertzberger. Carried by the Section 2_ That the Mayor and the
following vote: City Clerk be and they are hereby au-
Yeas-Mayor Tully, Couneil Mem- thorized to execute said Option Agree-
bers Brady, Farrell, King, Wertzberger. ment for and on behalf of the City of Du-
Nays-none. buque, Iowa.
Proof of Publication, certified to by Passed, adopted, and approved this
the Publisher, of Notice of Public Hear- 17th day of April,1978.
ingto dispose of interest in Lot 1 of Block Thomas A. Tully Jr.
2 in River Front Sub. No.3 to Thermo- Mayor
lyne Corporation, presented and read. Richard Wertzberger
No written objections were filed and no D. Michael King
oral objectors were present in the Coun- James E. Brady
cil Chamber at the time set for the hear- Carolyn Farrell
ing. Council Member Wertzberger Council Members
158
CITY COUNCIL
~-~~
------=
.= ~~~
161
THE PRELIMINARY DEVELOPMENT
PLAN FOR THE EXPANSIDN OF MED.
ICAL FACILITIES AND RELATED
USES WITHIN THE FINLEY HOSPI.
TAL INSTITUTIONAL DISTRICT,
said Ordinance having been previously
presented and read at the Council Meet.
ing of March 22, 1978, presented for final
adoption.
ORDINANCE NO. 21-78
AN ORDINANCE OFTHE CITYOF 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 MED.
ICAL FACILITIES AND RELATED
USES WITHIN THE FINLEY HOSPI.
TAL INSTITUTIONAL DISTRICT.
WHEREAS, Finley Hospital has filed
a Preliminary Development Plan in
compliance with provisions of the Insti.
tutionalDislrict regulations as setforth
in Section ,f-118.6 of Article IV of the
Code of Ordinances, Appendix A there~
of, of the City of Dubuque, Iowa; and
WHEREAS, the Planning and Zon-
ing Commission has held a public hear-
ing on the Preliminary Development
Plan pursuant to published notice as reo
quired by Section4.118.6of Article iVof
the Code of Ordinances, Appendix A
thereof, of the City of Dubuque, Iowa;
and
WHEREAS, the Planning and Zon-
ing Commission has approved the Pre-
liminary Development Plan having
found that said Preliminary Develop-
ment Plan conforms with the review
standards of Institutional District
Preliminary Development Plans as set
forth in Section 4~118. 6.4 of A rticle IV of
the Code of Ordinances, Appendix A
thereof, of the City of Dubuque, Iowa;
and
WHEREAS. the Planning and Zon-
ing Commission has recommended the
concurrence of the City Council in aJr
pro val of said Preliminary Develop-
ment Planj and
WHEREAS, the City Council has
considered the recommendation of the
Planning and Zoning Commission and
concurs in approval of the Preliminary
Development Plan:
NO W THEREFORE BE IT OR-
DAINEDBYTHE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi~
nances of the City of Dubuque, Iowa, be
amended by revising AppendixA there-
of, also known as the ''Zoning Ordinance
Special Session, April 17 , 1978
oj, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa, It by reclassifying the hereinafter
described property from "OR-1 Office-
Residential District" classification to
'1D Ins titutionalDistrict" classification
to wit:
the Southerly 55 feet of Lot 5 of
Sidonia Hosford's Subdivision in the
City of Dubuque, Iowa.
Section 2. That the foregoing amend-
ments have heretofore been approved
by thePlanningandZoning Commission
of the City of Dubuque, Iowa.
Passed, adopted, and approved this
17th day of Apri~ 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
HeraldNewspaper this 21st day of April
1978.
1t 4/21
Council Member Farrell 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, Wertzberger.
Nays-none.
Proof of ,1,Publication, certified to by
the Publisher, of Notice of Public Hear~
ing to amend the Zoning Ordinance
adopting the I!reliminary Development
Plan for the expansion of Medical Facili-
ties and related uses within the Finley
Hospital Institutional District in various
subdivisions and additions, presented
and read. No written objections were
filed and no oral objectors were present
in the Council Chamber at the time set
for the hearing. Council Member Wertz~
berger moved that the proof of publica-
tion be received and filed. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully. Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays~none.
AN ORDINANCE DF THE CITYOF 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
Leo F. Frommelt
City Clerk
.>-' _,'A" _~--'-'~.
Special Session, April 17 ,1978
ed by Council Member King. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady. Farrell. King, W ertzberger.
Nays - none.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing to
amend the Zoning Ordinance by reclas~
sifying the Sly 55' of Lot 5 of Sidonia
Hosford's Sub. from OR"! Office Resi~
dential District Classification to inc1u~
sion in the Finley Hospital ID Institu~
tional District Classification, presented
and read. No written objections were
filed and no oral objectors were present
in the Council Chamber at the time set
for the hearing. Council Member Farrell
moved that the proof of publication be
received and filed. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem~
bers Brady, Farrell, King, W ertzberger.
Nays-none.
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIDING THAT
THE CD DE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
DF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA," BY
RECLASSIFYING HEREINAFTER DE.
SCRIBED PROPERTY IN SIDONIA
HOSFORD'S SUBDIVISION FROM
OR.l OFFICE.RESIDENTIAL DIS-
TRICT CLASSIFICATION TD INCLU-
SIDN IN THE FINLEY HOSPITAL ID.
INSTITUTIONAL DISTRICT CLASS-
IFICATIDN
said Ordinance having been previously
presented and read at tlte Council Meet~
ing of March 22,1978, presented for final
adoption.
ORDINANCE NO. 20.78
AN ORDINANCE OFTHE 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 ZDNING MAP OF
THE CITY OF DUBUQUE, IOWA," BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY IN SIDONIA
HOSFORD'S SUBDIVISION FROM
OR.l OFFICE. RESIDENTIAL DIS.
TRICT CLASSIFICATION TO INCLU.
SION IN THE FINLEY HOSPITAL ID.
INSTITUTIONAL DISTRICT CLASSIFI.
CATIDN.
NOW THEREFORE BE IT ORDAIN-
ED BY THE CITY COUNCIL OF THE CI.
TY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinanc-
es of the City of Dubuque, Iowa, be
amended by revising Appendix A there~
Council may require the resub-
mission of a Preliminary Devel~
opment Plan in conformity with
the procedures and standards of
this section.
3) A new or amended Preliminary
Development Plan may be filed
without cost at any time follow-
ing Council disapprovaL ..
Section 2. 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 repealing Section
4-118.8 of Article IVand enacting a new
Section 4~118.8 of Article IV in lieu
thereof, as follows:
"ARTICLE IV DISTRICT REGULA.
TIONS
Section 4.118 ID
INSTITUTIONAL DISTRICT
Section 4.118.8 Schedule of District
Regulstlons Adopted
Additional regulations for the ID In-
stitutional District shall be as set
forth in the ID Schedule of District
Regulations, hereby adopted by
reference and declared to be a part of
this ordinance, and in A rticle V of
this ordinance, entitled "Supplemen~
tary Dis trict. Regulations'~ except as
specifically modified byand authoriz-
ed in the ordinance approving the
Preliminary Development Plan. Said
Ordinance may provide for such ex~
ceptions from the dis trict regulations
governing yards.,'height, and off~
street parking as may be desirable to
achieve the objectives of the ID Dis-
trict, provided such exceptions are
consistent with the standard contain-
ed in Section 4-118.6.4"
Section 3. Tha( the foregoing amend~
ments have heretofore been approved
by thePlanningandZoning Commission
of the City of Dubuque, Iowa.
Passed, adopted. and approved this
17th day of Apri~ 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
1t 4/21
Council Member Wertzberger moved
final adop,tion of the Ordinance. Second-
160
ATTEST:
Leo F. Frommel:
City Clerk
Published officially in the Telegraph
HeraldNewspaper this 21st day of April
1978.
Leo F. Frommelt
City Clerk
,.
.'
-- -~~..~ --
'" ".=~;
~
Special Session, April 17,1978
,Ji!'
the rule requiring an Ordinance to be adoption of the Ordinance. Seconded by
received and filed at two meetings prior Council Member Wertzberger. Carried
to the meeting when final action is taken, by the following vote:
be dispensed with. Seconded by Council Yeas-Mayor Tully, Council Mem~
Member Wertzberger. Carried by the bers Brady, Farrell, King, Wertzberger.
following vote: Nays-none.
Yeas-Mayor Tully, Council Mem- Communication of City Manager re-
bersBrady,Farrell,King, Wertzberger. commending denial of petition of Her-
Nays- none. man Ginter et al requesting extension of
ORDINANCE NO. 22.78 a storm sewer to the rear of their proper-
AN ORDINANCE OF THE CITY OF DU. ties on Maplewood Court, presented and
BUQUE, IOWA, AMENDING ORDI. read.
NANCE NO. 18.77 ENTITLED liTHE Attorney Peter Klauer, representing
HISTORIC PRESERVATION ORDI. property owners in Maplewood Ct. and
NANCE OF THE CITY OF DUBUQUE, Meadowood Dr. area, stated drains
IOWA" BY REPEALING SECTION 8, should be between 2805 and 2815 Oak-
"VIOLATIONS AND PENALTIES" crest; Property in area non-productive;
THEREOF, AND ENACTING A NEW Laudowners' petition should be consid-
SECTION 8, "VIOLATIONS AND PEN. ered and given the proper help.
AL TIES" IN LIEU THEREOF Herman Ginter of 550 Maplewood Ct.
NOW THEREFORE BE IT ORDAIN. requested recognition.
ED BY THE CITY COUNCIL OFTHE CI. Chas. Uthe, 540 Maplewood Ct. stated
TY OF DUBUQUE, IOWA: water flows over 80 feet of hi. property;
Section 1. That Ordinance No. 18-77 He is looking for help.
knownas the "HistoricPreservationOr_ City Staff stated 530 feet of pipe
dinance of the City of Dubuque, Iowa, .. would be needed for property drainage
be and the same is hereby amended by at the approx. cost of $12,000.
repealing Section 8 thereof, and enac- Council Member Brady moved that
ting a new Section 8 in lieu thereof, as the communication be tabled and re.
follows: ferred back to Staff. Seconded by Coun-
"Secllon 8. Violations and Penal. cil Member Farrell. Carried by the fol-
ties lowing vote:
for every violation of any provision of Yeas-Mayor Tully, Council Mem-
this ordinance, the owner, general bers Brady, Farrell,King, Wertzberger.
agent, tenant, occupant, or contractor Nays-none.
ofa structure orsite involved shall be AN ORDINANCE OF THE CITY OF DU.
guilty of a misdemeanor punishable BUQUE, IOWA, PROVIDING THAT
by a fine not exceeding one hundred THE CODE OF ORDINANCES, CITY
($1001 dolw.rs orimprisonmentnotex_ OF DUBUQUE, IOWA, BE AMENDED
ceeding thirty (901 days. Each week BY ADDING A NEW CHAPTER TO BE
or portion thereof of a continued NUMBERED 181-!!, PROHIBITING THE
breach shallconslitute a separate ad- OPERATION OF A. TATTOO ESTAB.
dilional violation. In addition, the L1SHMENT OF ENGAGING IN THE
Council shall have such other reme- PRACTICE OR BUSINESS OF TAT.
diesasareprovidedbyw.wtoenjorce TOOING AS A TATTOO OPERATOR
the provisions of this ordinance, in- OR AS A TATTOO ARTIST AND PRE.
cluding but not limited to, injunctive SCRIBING PENALTY FOR VIOLA.
relief. .. TION HEREOF,
Passed, adopted, and approved this (forwarded from meeting of April 8,
17th day of Apri~ 1978. 1978) presented and read.
Thomas A. Tully Jr. Greg May & Connie Cummings from
Mayor Galena, IIlinois, spoke to the Ordinance
Richard Wertzberger stating they have been working in Lake
D. Michael King Geneva for nine years and have had no
James E. Brady problems with diseases; Questioned
Carolyn Farrell Health Director about hepatitis in State
Council Members of Iowa.
ATTEST: Council Member Wertzberger moved
Leo F. Frommelt that the reading just had be considered
City Clerk the first reading of the Ordinance. Sec-
Published officially in the Telegraph onded by Council Member King. Carried
HeraldNewspaper this 21st day of April by the foHowing vote:
1978. Yeas-Mayor Tully, Council Mem-
bers King, Wertzberger.
NaYs-Council Members Brady, Far-
reH.
Council Member Wertzberger moved
163
final
Leo F. Frommelt
City Clerk
moved
Farrel
Member
It 4/21
Counci
~-
-~'-~-~~~"""-""
Special Session, April 17,1978
Dubuque, Iowa, also known as the "Zon-
ing Ordinance and Zoning Map of the
City of Dubuque, Iowa. "
Section 4. That the foregoing approv-
al of the Finley Hospital Preliminary
Development Plan has heretofore been
approved by the Planning and Zoning
Commission of the City of Dubuque,
Iowa.
Passed, adopted, and approved this
17th day of Apri~ 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
It 4/21
Council Member Wertzberger moved
final adoption of the Ordinance. Second-
ed by Council Member King. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Dubuque Historic
Preservation Commission recommend.
ing consideration to amend the Historic
Preservation Ordinance to correct an er-
ror in Ordinance No. --rs.77 with refer-
ence to the fine, presented and read.
Council Member Farrell 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 I Farrell, King, Wertzberger.
Nays-none.
AN ORDINANCE OF THE CITY OF DU.
BUQUE, IOWA, AMENDING ORDI.
NANCE NO. 18.77 ENTITLED "THE
HISTORIC PRESERVATION ORDI.
NANCE OF THE CITY OF DUBUQUE,
IOWA" BY REPEALING SECTION 8,
"VIOLATIONS AND PENALTIES"
THEREOF, AND ENACTING A NEW
SECTION 8, "VIOLATIONS AND PEN.
AL TIES" IN LIEU THEREOF
presented and read. Council Member
Farrell moved that the reading just had
be considered the first reading of the Or-
dinance. Seconded by Council Member
W ertzberger. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. King, W ertzberger.
Nays-none.
Council Member Farrell moved that
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 21st day of April
1978.
Leo F. Frommelt
City Clerk
162
and Zoning Map of the City of Dubuque,
Iowa"byadoptionofa ''PreliminaryDe-
velopment Plan" for property in the
ownership of Finley Hospita~ which
real estate is hereinafter described:
Lot 2 of Lot 7 of Sidonia Hosford's
Subdivision,' Lot 2 of Lot 1 of Lot 7 of
Sidonia Hosford's Subdivision,' Lot 1
of Lot 1 of Lot 7 of Sidonia Hosford's
Subdivision,' Lot 1 of Lot 6 and Lot 2
of Lot 6 of Sidonia Hosford's Subdivi-
sion,' the southerly 56' of Lot 5 of Si-
donia Hosford's Subdivision,. Lot 2 of
Lot 2 of Grundview-Delhi Street
Pw.ce, Lot 2 of Lot 2 of Lot 2 of Box-
leiter's sub of Lot 1 of Caroline Box-
leiter's sub of Mineral Lot 160,' Lot 2
of Lot 1 of Lot 1 of Lot 2 of Lot 2 of
Boxleiter's sub of Lot 1 of Caroline
Boxleiter's sub of Mineral Lot 160,-
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 2
of Lot 2 of Boxleiter's sub of Lot 1 of
Caroline Boxleiter's sub of Mineral
Lot 160, LotI of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 2 of Lot 2 of Boxleiter's
sub of Lot 1 of Caroline Boxleiter's
sub of Mineral Lot 160, Lot 2 of Lot 2
of Lot 2 of Lot 2 of Mineral Lot 160,
Lot 2 of Lot 1 of Lot 2 of Lot 2 of Box-
leiter's sub of Lot 1 of Caroline Box-
leiter's sub of MineralLot 160,' Lot 1
of Lot 1 of Boxleiter's sub of Lot 1 of
Caroline Boxleiter's sub of Mineral
Lot 180, Lot 1 of Lot 2 of MineralLot
160, Loti of Loti of Lot 1 of Finley's
Home Addition,' and Lot 2 of Lot 1 of
Lot 1 in Finley's Home Addition,' and
Lot 2 of Lot 1 in Finley's Home Addi-
tion; Lot 91 in Finley's Home Addi-
tion; West 25'8" of Lot 90 in Finley's
Home Addition, East 24 '4" of Lot 90
in Finley's Home Addition, Lot'29 in
Finley's Home Addition. Lot 28 in
Finley's Home Addition, Lot ~7 in
Finley's Home Addition, Lot ~6 in
Finley's Home Addition, Lot 92A in
Finley's Home Addition, Lot 32B in
Finley's Home Addition, Lot 18 in
Finley's Home Addition,' Lot 2 of Lot
1 of Loti of Lot 1 of Loti of Lot 2 of
Lot 2 of Boxleiter's sub of Caroline
Boxleiter's sub of Mineral Lot 160,. all
in the City of Dubuque, Iowa.
Section 2. That the minimum re-
quired front yard setback for the pro.
posed parking structure to be located
along West Third Street shall be estab-
lished at two (2) feet as shown on the
Preliminary Development Plan.
Section 3. Thatfailure by the institu-
tion to file a Final Development Plan
within one (1) year of the effective date
of this Ordinance may require resubmis-
sion of aPreliminary DevelopmentPlan
subject to the requirements of Section
4-118.6.9 of Arlicle IV of Appendix A of
the Code of Ordinances of the City of
165
intent to execute said lease must be pub-
lished as required by law;
ATTEST:
Jeff G. Molid
NOW THEREFORE BE IT RESOLV-
ED BY THE AIRPORT COMMISSION,
IN AND FOR THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the lease agreement
by and between Dubuque Airport Com-
mission and Tri-State Flite Services,
Inc., bearing date of the 1st day of May,
1978. be and the same is hereby ap-
proved.
Section 2. That the Airport Commis-
sioner for the Dubuque Airport Commis-
sion does hereby recommend to the City
Council that it approve said lease agree-
ment and cause of notice of intent to
enter into said lease agreement to be
published as by law required.
Passed, adopted. and approved this
23rd day of April, 1978.
Gerald L. Kopischke
John W. Higley
James N. Clark
Airport Commission
Council Member Wertzberger moved
that the Resolution be received and be
made a matter of record. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem.
bers Brady, Farrell, King, Wertzberger.
Nays - none.
RESOLUTION NO. 122.78
WHEREAS, the Dubuque Airport
Commission and Tri-State Flite Ser-
vices, Inc. have entered into a proposed
lease agreement for the leasing of cer-
tain portion of airport property; and
WHEREAS, the term of said lease is
in excess of three years; and
WHEREAS, said proposed lease
agreement by and between the Dubuque
Airport Commission and Tri-State Flite
Services, Inc., a copy of which is hereto
atta'ched and marked- Exhibit "A,"
should be approved;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the proposed lease
agreement by and between the Dubuque
Airport Commission and Tri-State FIite
Services, Inc. dated the 1st day of May,
1978, be and the same is hereby ap-
proved.
Section 2. That the City Clerk cause
notice of intent to enter into said lease to
be published as is by law required
Special Session, April17,1978
recommends your favorable considera-
tion of the above described rezoning pe-
tition.
City Planning
and Zoning Commission
Daniel Dittemore
Director of
Community Development
Council Member Farrell 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.
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 property at 800
Auburn Street from 10 Institutional
District Classification to R.2 Residential
District Classification, presented and
read. Council Member Farrell moved
that the reading just had be considered
the first reading of the Ordinance. 'Sec-
onded by Council Member Wertzberger.
Carried by the following vote:
Yeas-Mayor.Tully; Council Mem-
bers Brady, Farrell. King, W ertzberger.
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 Council
Member Wertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Council Member Farrell moved that a
public hearing be held on the Ordinance
on May 15, 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 W ertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bersBrady, Farrell, King, Wertzberger.
Nays-none.
AIRPORT COMMISSION
IN AND FOR
CITY OF DUBUQUE, IOWA
AIRPORT RESOLUTION NO. 1.78
WHEREAS, Dubuque Airport Com-
mission and Tri-State Flite Services,
Inc. have entered into a written lease
agreement for the leasing of certain por-
tion of airport property; and
WHEREAS, said lease agreement
must be approved by the City Council of
the City of Dubuque, Iowa and notice of
~...~._~ -'--'~~"':::"~~_''''_''Y~ .0,;;;
164
Special Session, April17,1978
that the rule requiring an Ordinance to to persons duly licensed as veterinar-
be received and filed at two meetings ians and persons duly licensed us
prior to the meeting when final action is medical practitioners.
taken, be dispensed with. Seconded by Sec. 181f2 .4.
Council Member King. Carried by the Any person who shall violate the pro-
following vote: visions of this chapter shal~ upon COn-
Yeas-Mayor Tully, Council Mem- viction thereof, be fined not more
bers King, Wertzberger. than one hundred dollars, and each
Nays-Council Members Brady, Far- day's operation shall constitute asep-
rell. arate offense. "
ORDINANCE NO. 23.78 Passed, adopted, aad approved this
AN ORDINANCE OF THE CITY OF 17th day of Apri. 1978.
DUBUQUE, IOWA PROVIDING THAT Thomas A. Tutly Jr.
THE CODE OF ORDINANCES, CITY Mayor
OF DUBUQUE, IOWA BE AMENDED Richard Wertzberger
BY ADDING A NEW CHAPTER TO BE D. Michael King
NUMBERED 181f2, PROHIBITING THE Council Members
OPERATION OF A TATTOO ESTAB. ATTEST,
L1SHMENT OR ENGAGING IN THE Leo F. Frommelt
PRACTICE OR BUSINESS OF TAT. City Clerk
TOOING AS A TATTOO OPERATOR Published officiatly in the Telegraph
OR AS A TATTOO ARTIST AND PRE. HeraldNewspoperthis21stdayofApril
SCRIBING PENALTY FOR VIOLA. 1978.
TION HEREOF. Leo F. Frommelt
NOW THEREFORE BE IT ORDAIN. City Clerk
ED BY THE CITY COUNCIL OF THE 1t 4/21
CITY OF DUBUQUE, IOWA: Council Member Wertzberger moved
Section 1. That the Code ofOrdinanc- final adoption of the Ordinance. Second-
es of the City of Dubuqu.e, Iowa be ed by Council Member King. Carried by
amended by adding a new Chapter to be the following vote:
numbered 18J/1 to be read as follows: Yeas - Mayor Tully, Council Mem-
"CHAPTER 181f2. bers King, Wertzberger.
Sec. 181f2.1. Nays-Council Members Brady, Far-
For the purpose of this chapter, the rell.
following words and phrases shall be April 5. 1978
construed as follows' Honorable Mayor and
a. Tattoo. The wo~d 'tattoo'shall Council Members
mean to mark or color the skin by T~e City o~ I?ubuque P~anning an?
pricking in coloring matter so as Z.onmg Com.ml~~lon pas reVIewed a petI-
to form indelible marks or figures tIon for recla~sIflc~tIon of property own-
or by the production of scars. ~d by ~h~ U~l1verslty o~ Du~uque ~nd ~y-
b. Tattoo artist. The words 'tattoo mg wlthmIts ID InstitutIOnal DistrIct
artist' shall mean any person who boundaries. The petitioners seek an R-2
actually performs the work of tat- Residential District classification on the
tooing. property which is located at 800 Auburn
c. Tattoo establishment. The words Street just south of its intersection with
'tattoo establishment' shall mean University A venue in the City of Dubu-
any room or space where tattoo- que, Iowa.
ing is practiced or where the busi- . In reviewi~g the pe~iti?n, the Plan-
ness of tattooing is conducted, or DIng and ZODlng Commission has found
any part thereof. that Section 4-118.7 of Article IV of the
d. Tattoo operator. The words "tat- Zoning O.rdi~ance prohibits any uses in
too operator' shall mean any per- the ID District wh!ch are not related to
son who controls, operates, con- the institution and requires that the pur-
ducts or manages any tattoo es- chaser seek appropriate reclassification
tablishment, whether actually oithe property prior t~ commencement
performing the work of tattooing of any use on the premises.
or not. The Commission also determined that
Sec. 181f2.2. the petition meets the criteria of a minor
It shall be unlawful for any person in reclassification a~ set f~rth in Section
the City of Dubuque. Iowa to operate 8-103.8 of the Zonmg Ordmance, and h~s
a tattoo establishment or engage in v~ted to ap~ro,:e, the request for R-2 !?IS-
the practice or business of tattooing trIct classifIcatIOn on the property wIth-
as a tattoo operator or as a tattoo ar- out holding a public hearing as authoriz-
tist. ed in Section 8-103.2 of Article VIII of
Sec. 181f2.3. the Zoning Ordinance.
The provisions hereof shall not apply The Planning and Zoning Commission
167
Avellablllty lor Public Inspection Cer.
.taln Community Development Block
Grant Documents
WHEREAS, under date of Mareh 30,
1978, the Fourth Year Community De-
velopment Block Grant Application was
submitted to the U.S. Department of
Housing and Urban Development for
processing; and
WHEREAS, Section 570.300 (3) of the
Community Development Block Grant
Program requires that reasonable effort
shall be made to inform citizens involved
in or affected by the local Community
Development Program that the Fourth
Year Application has been submitted
and is available to interested parties
upon request; and
WHEREAS, Section 570.905 (c) re-
quires that there be public notice of the
availability of the Fourth Year Com-
munity Development Block Grant Appli-
cation for inspection by the public: now
therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE,IOWA:
Section 1. Be it resolved that the City
Clerk be and he is hereby authorized and
directed to publish in the Dubuque Tele-
graph Herald, a newspaper of general
circulation within the City, public notice
in the form of Exhibit A attached hereto
and made a part hereof.
Passed, adopted, and approved this
17th day of April,1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Leo F. Frommelt
City Clerk
ATTEST:
Leo F. Frommelt
City Clerk
PUBLIC NOTICE
Pursuant to Title I of the Housing and
Community Development Act of 1974,
the City of Dubuque submitted an Appli-
cation for Fourth Year Community De-
velopment Block Grant Funds. The Ap-
,plication was submitted for processing
pn March 30, 1978 to the Federal Gov.
ernment.
Pursuant to Section 570.300 (3) of the
Community Development Block Grant
Program, a copy of the Application is on
file in the office of the City Clerk, City
Hall, Dubuque, Iowa. The Application is
available for inspection by all interested
parties, Monday through Friday be-
tween the hours of 8:00 AM to 5:00 PM,
Saturdays, Sundays and holidays ex-
cluded.
Special Session, April 17 ,1978
the Project within ninety
days after acceptance of
this Offer or such longer
time as may be prescribed
by the FAA, with failure to
do so constituting just
cause for termination of
the obligations of the
United States hereunder
by the FAA:
(b) carry out and complete the
Project without undue
delay and in accordance
with the terms hereof, the
Airport and Airway
Development Act of 1970,
aud Sections 152-51-152.63
of the Regulations of the
Federal Aviation Adminis-
tration (14 CFR 1521 in ef-
fect as of the date of accep-
tance of this Offer: which
Regulations are hereinaf-
ter referred to as the "Reg-
ulations":
c) carry out and complete the
Project in accordance with
the plans and specifica-
tions and property map, in-
corporated herein, as they
may be revised or modified
with the approval of the
FAA.
The allowable costs of the project
shall not include any costs deter.
mined by the FAA to be ineligible
for consideration as to allowabil-
ity under Section 152.47(b) of the
Regulations.
Payment of the United States
share of the allowable project
costs will be made pursuant to
and in accordance with the provi-
sions of Sections 152.65-152.71 of
the Regulations. Final determina-
tion as to the allowability of the
costs of the project will be made
at the time of the final grant pay-
ment pursuant to Section 152.71
of the Regulations: Provided,
that, in the event a semi-final
grant payment is made pursuant
to Section'152.71 of the Regula-
tions, final determination as to
the allowabiIity of those costs to
which such semi-final payment re-
lates will be made at the time of
such semi-final payment.
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bersBrady, Farrell, King, Wertzberger.
Nays-none.
RESOLUTION NO. 124.78
Authorizing Publication of Notice of
3.
4.
Special Session, April 17,1978
DEPARTMENT OF
TRANSPORTATION
Federal Aviation Administration
GRANT AGREEMENT
Pert 1-01ler
Date of Offer Mar. 29, 1978
Dubuque Municipal Airport
Project No. 6-19-0028-03
Contraet No. DOT-FA-78-CE-8169
TO: The City of Dubuque, Iowa
(herein referred to as the
"Sponsor")
FROM: The United States of America
(acting through the Federal
Aviation Administration, here-
in referred to as the "FAA ")
WHEREAS, the Sponsor has submit-
ted to the FAA a Project Application
dated February 23, 1978, for a grant of
Federal funds for a project for develop-
ment of the Dubuque Municipal Airport
(herein called the "Airport"), together
with plans and. specifications for such
project, which Project Application, as
approved by the FAA is hereby incor.
porated herein and made a part hereof;
and
WHEREAS, the FAA has approved a
project for development of the Airport
(herein called the "Project") consisting
of the following-described airport de.
velopment:
Acquire snow removal equipment
(Snow blower, snow plow and
sweeper).
all as more particularly described in the
property map and plans and specifica-
tions incorporated in the said Project
Application;
NOW THEREFORE, pursuant to and
for the purpose of carrying out the provi-
sions of the Airport and Airway Devel-
opment Act of 1970, as amended (49
U.S.C.1701), and in consideration of (a)
the Sponsor's adoption and ratification
of the representations and assurances
contained in said Project Application,
and its acceptance of this Offer as herein-
after provided, and (b) the benefits to ac~
crue to the United States and the public
from the accomplishment of the Project
and the operation and maintenance of
the Airport as herein provided, THE
FEDERAL AVIATION ADMINIS-
TRATION, FOR AND ON BEHALF OF
THE UNITED STATES, HEREBY OF-
FERS AND AGREES to pay, as the
United States share of the allowable
costs incurred in accomplishing the Pro-
ject, ninety (90) percentum thereof.
This Offer is made on and subject to
the following terms and conditions:
1. The maximum obligation of the
United States payable under this
Offer shall be $195,000.00.
2. The Sponsor shall:
(a) begin accomplishment of
this
Council Member Wertzberger moved
adoption of the Resolution and set May
I, 1978 as date of hearing on proposed
lease agreement. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
RESOLUTION NO. 123.78
Resolution Adopting and Approving
the Execution of an Acceptance 01 e
Grant Oller from the Administrator of
the Federal Aviation Administration
Acting lor the United States 01 Amer.
lea to the City 01 Dubuque, Iowa, lor
the Purpose 01 Obtaining Federal Aid
In the Development of the Dubuque
Municipal Airport, under Project No.
8.19.0028.03.
Secllon 1. That the City of Dubuque,
Iowa, shall for the purpose of obtaining
Federal aid in the development of the
Dubuque Municipal Airport, enter into a
Grant Agreement with the United
States of America by executing an ac-
ceptance of a Grant Offer from the Ad-
ministrator of the Federal Aviation Ad.
ministration, acting for the United
States of America, to the City of Dubu-
que, and that such Grant Offer shall be
set forth hereinbelow under Section 4.
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa:
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Section 2. The City of Dubuque,
Iowa, does hereby ratify and adopt all
statements, representations, warran-
ties, covenants, and agreements con-
tained in the Project Application and in
the nondiscrimination assurances incor-
porated in the said Grant Offer.
Section 3. That the Airport Commis-
sion of the City of Dubuque, Iowa, acting
through its officer or officers designated
by it to so act, is hereby authorized and
directed to execute the acceptance of
said Grant Offer on behalf of the City of
Dubuque, Iowa.
Section 4. That the Grant Offer re
ferred to hereinabove shall be as follows
(attachment)
Passed, adopted, and approved
17th day of April,1978.
ATTEST:
Leo F. Frommelt
City Clerk
166
169
this resolution establishing the position
of Fire Captain Inspector. The passage
of this resolution will revise the current
Fire Inspection Bureau of ODe Fire Mar-
shal and two Fire Lieutenant Inspectors
to an organization consisting of a Fire
Marshal, Fire Captain Inspector and
Fire Lieutenant Inspector.
Gilbert D. Chavenelle
City Manager
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member
King. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - none.
RESOLUTION NO. 128.78
Resolution to Estsbllsh Job ClsssllI.
cstlon of Fire Cspteln Inspector
WHEREAS, it is customary in the
Fire Inspection Bureau of metropolitan
areas to identify personnel assigned to
that function with distinctive titles; and
WHEREAS, the personnel assigned
to fire inspection services are specially
trained; and
WHEREAS, it is necessary to estab-
lish separate career advancement lad-
ders to recognize such personnel; and
WHEREAS, the current Fire Inspec-
tion Bureau consists of one Fire Marshal
and two Fire Lieutenant Inspectors;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Cou1').cil Member King. Carried by the
following vote:
Section 1. That the position of one
Fire Lieutenant Inspector be diminish-
ed in accordance with Chapter 400.28 of
the Code of Iowa 1977.
Section 2. That one position of Fire
Captain Inspector be established.
Section 3. That it be hereby estab-
lished that the Fire Inspection Bureau
consist of the following job classifica-
tions:
Fire Marshal
Fire Captain Inspector
Fire Lieutenant Inspector
Passed, adopted, and approved this
17th day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
17,1978
Special Session, Apri
in order to defray the cost and expense
in connection with such improvements
and/or additions that a general obliga-
tion bond issue will have to be effected.
Section 2. That the City Manager and
the City Attorney be and they are here-
by respectively authorized and directed
to institute whatever necessary pro-
ceedings appear to be indicated in order
to present this matter in its formal
stages to the City Council to the end that
a general obligation bond issue may be
undertaken, and that said proposed gen-
eral obligation bond issue shall not ex-
ceed the sum of $3,180,000.
Section 3. That the City Manager and
the City Attorneybe and are hereby fur-
ther directed to institute whatever pro-
ceedings are necessary to bring this mat-
ter to the City Council at the earliest rea-
sonable time.
Passed, adopted, and approved this
17th day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Norm McMullen ofthe Library Board,
addressed the Council stating they
would like to go now on the construction
for improvements for Carnegie Stout
Public Library.
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 Farrell, King, Wertzberger.
Nays-Council Member Brady.
April 10, 1978
Honorable Mayor and
City Council
The Fire Inspection Bureau focuses
attention on the entire range of inspec-
tion activities by means of which fire or-
dinances are enforced. Because the tech-
nical aspects of the Inspection Bureau
have become so specialized in recent
years, the Bureau has become an opera-
tion distinct from the rest of the Fire De-
partment.
At this time the City recognizes the
specific nature of the Bureau by adminis-
tering Civil Service examinations for
the positions of Fire Marshal and Fire
Lieutenant Inspector. Because of speci-
alization in the Bureau, promotional op-
portunity has become virtually impos-
sible for members of the Bureau.
Therefore, to provide promotional op-
portunities within the Fire Inspection
Bureau, I would ask the Council to adopt
Special Session, April 17,1978
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - none.
RESOLUTION NO. 126.78
WHEREAS, the contract for the Re-
moval and Disposal of Silt and Debris
from the West 32nd Street Detention
Basin has been completed and the City
Manager has examined the work and
filed his certificate stating that the same
has been completed according to the
terms of the contract, plans and specifi-
cations and recommends its acceptance,
now therefore,
BE IT RESOLVED, by the City Coun-
cil of the City of Dubuque, that the re-
commendation of the City Manager be
approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Sanitation Fund and the Revenue
Sharing Fund in the amount equal to the
amount of his contract, less any retained
percentage provided for therein.
Passed, adopted, and approved this
17th day of April, 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 King. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzherger.
Nays-none.
RESOLUTION NO. 127-78
WHEREAS, it'is proposed that cer-
tain improvements and/or additions will
be made to the present facilities of the
Carnegie Stout Public Library situated
in the City ofDuhuque, Iowa. and it is ex-
pected that a general obligation bond is-
sue will be necessary to defray the ex-
pense of such improvements and/or addi-
tions;
NOW THEREFORE BE IT RESOLV-
ED BY THE CfTY COUNCIL OF THE
CITY OF DUBUQUE, IOWA,
Section 1. That the City Council of
the City of Dubuque, Iowa recognizes
that certain proposed improvements
and/or additions to the present facilities
of the Carnegie Stout Public Library in
the City of Dubuque, Dubuque County,
Iowa are proposed to be made, and that
168
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 Public Hear-
ing for the purpose of obtaining views on
amending the Housing Assistance Plan
B-78MC-19-0004 Block Grant Fund Ap-
plication, presented and read. Council
Member Wertzberg.er moved. that the
,proof of publication be received and
~iled. Seconded by ((qqncil Member Far-
~rell. Carried by theJpllowing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of City Manager ad-
vising of completion of Removal and
Disposal of Silt from the W. 32nd Street
Basin Project, and recommending accep-
tance, presented and read. Council Mem-
ber Brady moved that the communica-
tion be received and filed. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
FINAL ESTIMATE
RESOLUTION NO. 125.78
WHEREAS, the contract for the Re-
moval and Disposal of Silt and Debris
from the West 32nd Street Detention
. Basin has been completed and the City
i Engineer itas submitted his final esti-
mate showing the cost thereof including
the cost of estimates, notices. inspection,
and preparing the assessment and plat,
now therefore,
BE IT RESOLVED, by the City Coun-
cil of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $24,466.97.
That none of the cost thereof shall be
assessable upon private property and all
shall be paid from the Sanitation Fund &
the Revenue Sharing Fund of the City of
.Dubuque.
Passed, adopted, and approved this
17th day of April, 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
.-!
171
Yeas-Mayor Tully, Council Mem-
bers Brady. Farrell, King, Wertzberger.
Nays - none.
Application of Lorraine Muenster re-
questing annexation of Lot 2 of 1 of 3 of 1
of Mineral Lots 501 and 500: and Lot 2 of.
2 of Mineral Lot 501 Section 1 T88N R2E
5th P.M. in Table Mound Township con-
taining approx. 0.53 acres, presented
and read. Council Member Wertzberger
moved approval of the annexation. Sec-
onded by Council Member Farrell. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady. Farrell, King, Wertzherger.
Nays-none.
RESOLUTION NO. 13H8
WHEREAS the owners of an area ap-
proximately 0.63 acres in size lying
south of the main portion of the City of
Dubuque. Iowa and immediately conti-
guous to and west of, that portion of the
city limits identified as Rockdale Road
and Old Mill Road, now voluntarily peti-
tion the City Council for annexation of
their property to the City of Dubuque,
Iowai and
WHEREAS the inhabitants of said
territory will be enabled to secure the
benefits of city government if said prop-
erty is incorporated within the limits of
the City of Dubuque, Iowa, to wit, the
benefits of police and fire protection, and
the securing of water, sewer and other
municipal services;
WHEREAS Chapter 368 of the Code
of Iowa, as amended, authorizes the ex-
tension of city limits under such circum-
stances by, adoption of a Resolution
therefor: and
WHEREAS the future growth, order-
ly development and preservation of the
public health of the City of Dubuque,
Iowa makes it imperative that said
premises be made a part of the City of
Dubuque, Iowa;
NOW THEREFORE BElT RESOLV-
ED BY THE CITy COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOL-
LOWS:
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 describ-
ed real estate:
Lot 2 of Lot 1 of Lot 3 of Lot 1 of M.
Lots 601 & 600, and Lot 2 of Lot 2 of
Mineral Lot 601, in Section 1 Twp.88
North Range 2 E of 5th P. M. in Table
Mound Twp.
(Said property being shown upon the
plat attached hereto, marked Exhibit
"A" and by this reference made a part
hereof, the boundaries of which being
outlined in red thereon.)
Section 2. That the premises herein
annexed shall become part of the Twen-
Special Session, April 17, 1978
proximately 0.65. acres in size lying
south of the main portion of the City of
Dubuque, Iowa and immediately con-
tiguous to and west of, that portion of
the city limits identified as Rockdale
Road, now voluntarily petition the City
Council for annexation of their property
to the City of Dubuque, Iowai and
WHEREAS the inhabitants of said
territory will be enabled to secure the
benefits of city government if said prop-
erty is incorporated within the limits of
the City of Dubuque, Iowa, to wit, the
benefits of police and fire protection, and
the securing of water, sewer and other
municipal services;
WHEREAS Chapter 368 of the Code
of Iowa, as amended, authorizes the ex-
tension of city limits under such circum-
stances by adoption of a Resolution
therefor; and
WHEREAS the future growth, order-
ly development and preservation of the
public health of the City of Dubuque,
Iowa makes it imperative that said pre-
mises be made a part of the City of Du-
buque, Iowai
NOW THEREFORE BElT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, lOW A 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 de-
scribed real estate:
Lot 1-1-3-1 of M. L. 600 and 601; Lot
2-3-1 ofM. L. 600 and 601; Lot 2-1 ofM.
L. 600 and 601 aU in Seetion 1 Twp. 88
North R. 2E 6th P.M. Table Mound
Twp.
(Said property being shown upon the
plat attached hereto, marked Exhibit
"A" and by this reference made a part
hereof, the boundaries of which being
outlined in red thereon.)
Section 2. That the premises herein
annexed shall become part of the Twen-
ty-Fourth voting precinct in the City of
Dubuque, Iowa.
Passed. adopted, and approved this
17th day of April,1978.
Thomas A. TuUy 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 oIthe Resolution. Seconded by
Council Member King. Carried by the
following vote:
Special Session, April 17 ,1978
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, lOW A:
Section 1. That the plat 01 BLOCKS
1, 2, 3 & 4 OF HENSCHEL'S ADD!-
Honorable Mayor and TION IN THE CITY OF DUBUQUE,
Council Members lOW A be and the same is hereby ap-
The City of Dubuque Planning and proved and the Mayor and City Clerk
Zoning Commission has reviewed a final are hereby authorized and directed to
plat submitted by Mr. Dick Henschel for endorse the approval of the City of Du-
Blocks 1, 2, 3 and 4 of "Henschel's Addi- buque, Iowa, upon said plat.
tion" in the City 01 Dubuque, Iowa. The PASSED, ADOPTED, AND AP-
subdivision of the property which is .10- PROVED by unanimous recorded roll
cated south of June Drive is depicted on call this 17th day of April, A.D., 1978.
the attached map. Thomas A. Tully Jr.
In their review the Planning and Zon- Mayor
ing Commission determined that the in- Richard Wertzberger
tent of the plat is to provide a new legal D. Michael King
description for the property to reduce James E. Brady
confusion and simplify re-subdivision of Carolyn Farrell
the property. The Henschel plat is in Council Members
compliance with a directive from County ATTEST:
officials which requires that new legal Leo F. Frommelt
descriptions be provided in cases where City Clerk
more than seven separate numbers ap- ACCEPTANCE OF RESOLUTION
pear in the property description. NO. 129.78
The Planning and Zoning Commission We, the undersigned, Richard C. Hen-
has voted to approve the plat and recom- schel and Mildred L. Henschel, having
mends your eoncurrence. read the terms and conditions of the
City Planning foregoing Resolution No. 129-78 and be-
and Zoning Commission ing familiar with the conditions thereof,
Daniel Dittemore hereby accept the same and agree to per-
Director of form the conditions required therein.
Community Development Dated at Dubuque, Iowa, this 30th day
Council Member Wertzberger moved of March, 1978.
that the communieation be received and By: Richard C. Henschel
filed. Seconded by Council Member Farw Mildred L. Henschel. his wife
rell. Carried by the following vote: TO: LEO F. FROMMELT,
Yeas-Mayor Tully, Council Mem- CITY CLERK
bers Brady, Farrell, King, Wertzberger. This is to certify that the security pro-
Nays-none. vided by the foregoing RESOLUTION
RESOLUTION NO. 129.78 NO. 129-78 has been furnished/or waived
Resolution Approving the Final Plat of by the Owners.
Blocks 1, 2, 3 & 4 ot Henschel's Addl. Dated at Dubuque, Iowa this 19th day
lion In the City ot Dubuque, Dubuque of April, 1978.
County, Iowa Gilbert D. ChaveneIle,
WHEREAS, there has been filed with City Manager
the City Clerk a plat of Blocks I, 2, 3 & 4 Council Member Wertzberger moved
of Henschel's Addition, to be known as adoption of the Resolution. Seconded by
BLOCKS 1, 2, 3 & 4 of HENSCHEL'S Council Member Farrell. Carried by the
ADDITION IN THE CITY OF DUBU- lollowiug vote:
QUE, IOWA, by: RICHARD C. HEN- Yeas-Mayor Tully, Council Mem-
SCHEL and MILDRED L. HEN- bers Brady, Farrell,King, Wertzberger.
SCHEL, his wife, Owners, subject to Nays-none.
easementsofrecordandaccordingtothe Application of Foot Levelers Inc. re-
recorded plats the~eof of Lot 1 of 1 of 1 of questing annexation of Lot 1-1-3-1, Lot
1 of! oflofl of! of! of Henschel's Black 2-3-1 and Lot 2-1, all of Mineral Lot 600
Forest in Table Mound Township, Dubu- and 501 Table Mound Township contain-
que County, Iowa; and ing approx. 0.66 acres, presented and
WHEREAS, said plat has been exam- read. Council Member Wertzberger
ined by the City Planning and Zoning moved that the annexation be approved.
Commission and had its approval en- Seconded by Council Member King. Car-
dorsed thereon; and .ried by the following vote:
WHEREAS, said plat has been exam- Yeas-Mayor Tully, Council Mem-
ined by the City Council and they find bersBrady,Farrell,King,Wertzberger.
that the same conforms to statutes and Nays-none.
ordinances relating thereto; RESOLUTION NO. 130.78
NOW THEREFORE BE IT RESOL V- WHEREAS the owuers of au area ap-
"",..,,0,'-;:',
170
Yeas-Mayor Tully,. Council Mem-
bers Brady, Farrell, King, Wertzberger;
Nays-none.
3,1978
Apri'
~-'--'''''"~~""'"l
1:1
"''''._'>1~
.~----,~"~
~I
Zoning Commission has reviewed a final
plat submitted by Leo and Doloris Dix
seeking to subdivide Lot 1 of Lot 1 of
Mineral Lot 358 into Lots 1 and 2 of that
Subdivision. The property is located at
the southeast intersection of West
Thirty-Second Street and North Grand.
view A venue, in the City of Dubuque,
Iowa.
The Planning and Zoning Commission
has determined that the above de-
scribed plat is in compliance with the
Subdivision Regulations and Zoning Or-
dinance of the City of Dubuque, Iowa.
The Commission has voted to approve
the final plat and recommends your con.
currence.
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. 134-78
A Resolution Approving the Plat of Lot
1 and Lot 2 of Lot 1 01 Lot 1 01 Mlnerel
Lot 358 In the Clly 01 Dubuque, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the subdivision of
Lot 1 of Lot 1 of Mineral Lot 358, to be
known as Lot 1 and Lot 2 of Lot 1 of Lot 1
of Mineral Lot 358 in the City of Dubu-
que, Iowa; and
WHEREAS, said plat has been exam-
ined by the City Planning and Zoning
Commission and has had its approval en-
dorsed thereon: and
WHEREAS, said plat has been exam-
ined by the City Council and they find
that same conforms to statutes and ordi-
nances relating thereto;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOW A:
Section 1. That the plat of the subdi-
vision of Lot 1 and Lot 2 of Lot 1 of Lot 1
of Mineral Lot 358 in the City of Dubu-
que, Iowa, be and the same is hereby ap-
proved and the Mayor and City Clerk
are hereby authorized and directed to
endorse the approval of the City of Du-
buque, Iowa, upon said plat.
Passed, adopted, and approved this
17th day of April,1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
173
Special Session, April 17,1978
That said parcel of real estate
shall be subdivided and conveyed
to said purchasers who intend to
make a parking lot thereat to ac-
commodate an adjoining building;
That the parking plot plan and lot
screening shall be subject to the
approval of the City Planning
staff;
That the City of Dubuque, Iowa
shall retain an easement in, over
and across said plot to obtain ac-
cess to and to service the bluff at
the rear of said plot;
That the curb cut and drive en-
trance shall be approved by the
City Engineer;
That the purchasers shall have
said real estate surveyed and
shall pay for said surveying;
That the purchasers shall pay the
costs of advertising and record-
ing;
That the City shall reserve unto
itself all existing easements for
waterlines, sewer lines and for
utilities together with right of in-
gress and egress to repair, in-
spect and maintain the same;
9. That no abstract of title will be
furnished and conveyance shall
be by Quit Claim Deed.
Section 2. That tbe City Clerk be and
he is hereby authorized and directed to
deliver deed of conveyance conveying
the above described real estate to
THOMAS D. FELDERMAN and RICH-
ARD S. SMITH upon receipt of the pur-
chase price in full.
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
17th day of April, 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 King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
2.
3.
4_
5.
5.
7.
8.
April 3, 1978
Planning and
Honorable Mayor and
Council Members
The City of Dubuque
1, 1978 as date of Public Hearing. Sec-
onded by Council Member King. 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 dispose of the West 42' of the
North 49' of Lot 48 Coriell's Addition to
Thomas D. Felderman and Richard S.
Smith, for $400. plus costs of publication
and recording, presented and read. No
written objections were filed and no oral
objectors were present in the Council
Chamber at the time set for the hearing.
Council Member Wertzberger moved
that the proof of publication be received
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. 133-78
WHEREAS, PURSUANT TO Reso-
lution and published notice of time and
place of hearing, published in the Tele-
graph Herald, a newspaper of general
circulation published in the City of
Dubuque, Iowa on April 6, 1978, the City
Council of the City of Dubuque, Iowa
met on the 17th day of April, 1978 at 7:30
o'clock P.M. (CST) in the City Couucil
Chambers, City Hall, Dubuque, Iowa to
consider the proposal to dispose of inter-
est of the City of Dubuque, Iowa in real
estate hereinafter described to THOM-
AS D. FELDERMAN and RICHARD S.
SMITH: 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
City of Dubuque, Iowa in the hereinafter
described real estate to THOMAS D.
FELDERMAN and RICHARD S.
SMITH;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of inter-
est of the City of Dubuque, Iowa in and to
the following described real estfl,te, to-
wit:
The West 42 feet of the north 49 feet
of Lot 48, Coriell's Addition in the
City of Dubuque, Iowa
to THOMAS D. FELDERMAN and
RICHARD S. SMITH be and the same is
hereby approved upon the following
terms and conditions;
1. That the sale price of said real es-
tate shall be Four Hundred
($400.00) Dollars for the herein-
above described real estate con-
taining approximately 2,056
square feet;
Special Session, April 17,1978
ty-Fourth voting precinct in the City of
Dubuque, Iowa.
Passed, adopted, and approved this
17th day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzherger
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, W ertzberger.
Nays-none.
RESOLUTION NO. 132.78
WHEREAS, the City of Dubuque,
Iowa is the owner of the following de-
scribed real estate, to-wit:
Lot 66 in Voelker Highlands in the
City of Dubuque, Iowa,
and
WHEREAS, Leo Breitbach has made
an offer to purchase said real estate: and
WHEREAS, the City Council of the
City of Dubuque, Iowa has examined
said offer to purchase real estate and
finds that the sale of same should be ap-
proved;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOW A:
Section 1. That the sale of the herein-
above described real estate owned by
the City of Dubuque, Iowa to Leo Breit-
bach for the total purchase price of Six
Hundred ($600.00) Dollars, that no ab-
stract of title will be furnished, convey-
ance shall be by Quit Claim Deed and the
City of Dubuque will reserve unto itself
all easements for utilities, be and the
same is hereby approved.
Section 2. That the City Cierk 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
17th day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
172
AT1'EST;
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution and set May
i:..::...-._--c..~=~__._
Special Session. April 17. 1978
~
175
cations and recommends its acceptance,
now therefore,
BE IT RESOLVED, by the City Coun-
cil of the City of Dubuque, that the rec-
ommendation of the City Manager be ap-
proved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED, that
the City Treasurer be and he is hereby
directed to pay to the contractor from
the Community Development Fund in
amount equal to the amount of his con-
tract, less any retained percentage pro-
vided for therein.
Passed, adopted, and approved this
17th day of April,1978.
Richard Wertzberger
Mayor Pro-Tern
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-Tern Wertzberger,
Council Members Brady, Farrell, King.
Nays-none.
Abstain-Mayor Tully.
1978
Honorable Mayor and
Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed a final
plat submitted by Mr. Ed Tschiggfriefor
Lots 1 through 18 of Babcock's Addition
No.2. The property is located southwest
of the intersection of Marion and Con-
cord Streets in the City of Dubuque,
Iowa.
In reviewing the above described final
plat, the Planning and Zoning Commis-
sion has found that it is in compliance
with the Subdivision Regulations and
meets Zoning Ordinance requirements
of the City of Dubuque, Iowa.
The Planning and Zoning Commission
has voted to approve the final plat of
Lots 1 through 18 of Babcock's Addition
No. 2 and recommends your concur-
rence.
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.
3,
Apri
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.
Communication of City Manager ad-
vising of completion of 1977 Curb Re-
placement Project and recommending
acceptance, presented and read. Mayor
Pro-Tern Wertzberger moved that the
communication be received and filed.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas - Mayor Pro-Tern W ertzberger,
Council Members Brady, Farrell, King.
Nays-none.
Abstain-Mayor Tully.
FINAL ESTIMATE
RESOLUTION NO. 138.78
WHEREAS, the contraet for the City
of Dubuque 1977 CurbRepJacementPro_
ject has been completed and the City En-
gineer has submitted his final estimate
showing the cost thereof including the
cost of estimates, notices, inspection,
and preparing the assessment and plat,
now therefore,
BE IT RESOLVED, by the City Couu-
cil of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $32,661.88.
That none of the cost thereof shall be
assessable upon private property and all
shall be paid from the Community Devel-
opment Fund of the City of Dubuque.
Passed, adopted, and approved this
17th day of April, 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST,
Leo F. Frommelt
City Clerk
Mayor Pro-Tern Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas - Mayor Pro-Tern W ertzberger,
Council Members Brady, Farrell, King.
Nays-none.
Abstain-Mayor Tully.
(A Resolution Accepting
Improvement)
RESOLUTION NO. 139-78
WHEREAS, the contract for the City
of Dubuque 1977 Curb Replacement Pro~
ject has been completed and the City
Manager has examined the work and
filed his certificate stating that the same
has been completed according to the
terms of the contract, plans and specifi-
Special Session. April 17.1978
approved and ordered placed on file with
the City Clerk this 17th day of April,
1978.
Approved and placed on file for final
action.
APPROVED:
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST,
Leo F. Frommelt
City Clerk
ATTEST,
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
approval of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
(Fixing Date of Hearing)
RESOLUTION NO. 137-78
WHEREAS, the City Council of tbe
City of Dubuque, Iowa, has given its pre-
timinary approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the
City Clerk for public inspection for the
Walsh (Parkway) Street Storm Sewer.
BE IT THEREFORE RESOLVED
that on the 1st day of May, 1978, a public
hearing will be at 7:30 p.m. in the Council
Chamber of the City of Dubuque at
which time the objectors for the propos-
ed improvement may appear and make
objection to the proposed plans and spe-
cifications, 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 newspaper pub-
lished 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 directed to
have published the notice of pendency
for said improvement, and the City
Clerk is hereby directed to advertise for
proposals to the contractors for the con-
struction of the above mentioned im-
provement.
Passed, adopted, and approved this
17th day of April,1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
174
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, W ertzberger.
Nays-none.
Communication of City Manager sub~
mitting plans, specs. and estimate for
construction of The Walsh (Parkway)
Street Storm Sewer, 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, W ertzberger.
Nays - none.
RESOLUTION NO. 135.78
Preliminary estimate and approval of
plans, specs. and etc. for construction of
Walsh (Parkway) Street Storm Sewer,
in the estimated amount of $80,464.66,
presented and read. Council Member
Wertzberger moved adoption of the Res-
olution. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady,FarreIl, King, Wertzberger.
Nays - none.
(Necessity for Improvement)
RESOLUTION NO. 138.78
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
City 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 Walsh
(Parkway) Street Storm Sewer.
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 consid.
eration of this proposed resolution have
on file with the City Clerk, objections to
the amount of the cost of the improve-
ment, they shall be deemed to have
waived all objections thereto.
Said improvement 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
coat and expense of making said im-
provement will be paid by Finley
Hospital.
The above resolution was introduced,
177
WHEREAS there has been filed with
the City Clerk a plat in which Block 2,
"Phase Two of Stone Hill Community
Subdivision No.1" in the City of Dubu-
que, Iowa is platted as:
Lot 1 of Subdivision of Block 2, "Phase
Two of Stone Hill Community Sub-
division No.1" in the City of Dubu-
que, Iowa, and Lot 2 of Subdivision of
Block 2, "Phase Two of Stone Hill
Community Subdivision No.1" in the
City of Dubuque, Iowa, and Lot 3 of
Subdivision of Block 2, "Phase Two of
Stone Hill Community Subdivision
No.1" in the City of Dubuque, Iowa,
and Lot 4 of Subdivision of Block 2,
"Phase Two of Stone Hill Community
Subdivision No.1" in the City of Du-
buque. Iowa, and Lot 5 of Subdivision
of Block 2, "Phase Two of Stone Hill
Community Subdivision No.1" in the
City of Dubuque, Iowa
aud
WHEREAS said plat has been exam-
ined by the City Planning Commission
and had its approval endorsed thereon;
and
WHEREAS said plat has been exam-
ined by the City Council and they find
the same conforms to the Statutes and
Ordinances relating thereto:
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The above described plat
be and the same is hereby approved and
the Mayor and Clerk be and they are
hereby authorized and directed to en-
dorse the approval of the City upon said
plat.
Passed, adopted, and approved this
17th day of April, 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. W ertzberger.
Nays - none.
RESOLUTION NO. 142-78
Resolullon Approving the Plat of
Blocks 3 Through 6, Both Inclusive,
Each In "Phase Two of Stone Hili Com.
munlty Subdivision No.1" In the City
of Dubuque, Iowa.
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
Special Session, April 17, 1978
ing familiar with the conditions thereof,
hereby accept the same and agree to per-
form the conditions required therein.
Dated at Dubuque, Iowa, this 17th day
01 April, 1978.
Edward D. Tschiggfrie
Charles Schwers
TO: LEO F. FROMMELT,
CITY CLERK
This is to certify that the security pro-
vided by the foregoing RESOLUTION
NO. 140-78 has been furnished by the
Owners.
Dated at Dubuque, Iowa this 26th day
of April, 1978.
Gilbert D. Chavenelle
City Manager
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, W ertzberger.
Nays - none.
3, 1978
Honorable Mayor and
Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed two
final plats of which subdivide property
in Phase Two of Stone Hill Community
Subdivision No.1 in the City of Dubu-
que, Iowa. The property is located north
of Stone Ridge Place as depicted on the
attached map. The first plat divides
Block 2 of Phase Two of Stone Hill Subdi-
vision No. 1 into Lots 1 thru 5 and the
second plat subdivides Lots 2 thru 5 of
the first plat into 26 lots for development
of six-plexes and eight-plexes.
In their review, the Planning and Zon~
ing Commission has found the plats to be
in compliance with the Subdivision Reg-
ulations and Zoning Ordinance of the
City of Dubuque, Iowa.
The Planning and Zoning Commission
has approved the final plats in Phase
Two of Stone Hill Community No.1 and
recommends your favorable concur-
rence.
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, W ertzberger.
Nays - none.
RESOLUTION NO. 141.78
Resolullon Approving Plat of the Sub-
division of Block 2, "Phase Two of
Stone Hili Community Subdivision
No.1" in the City of Dubuque, Iowa.
Apr
To install storm sewers and catch-
basins in accordance with plans
submitted with the plat;
To install concrete sidewalks as
required by Ordinances, and
where directed by the City Engi-
neer and the City Manager;
To construct all improvements
with any and all applicable City of
Dubuque Specifications and as ap-
proved by the City Engineer;
To maintain the foregoing im-
provements for a period oHour (4)
years from the date of their ac-
ceptance by the City of Dubuque,
Iowa;
To provide the foregoing con-
struction and maintenance at the
sole expense of the Developer and
Subdivider. as Owner;
To construct said improvements,
except sidewalks, prior to Nov.!,
1979, and to construct the side-
walks prior to Nov. 1, 1980;
To install in accordance with City
Specifications, boulevard street
lighting within 30 days after the
completion of the adjacent curb
and gutter within any particular
section of the proposed Subdivi-
sion;
and further provided that said Edward
Tschiggfrie and Charles Schwers, as
Owners of said Subdivision, secure the
performance of the foregoing conditions
by providing security in such form and
with such sureties as may be acceptable
to the City Manager.
Section 3. That in the event Edward
Tschiggfrie and Charles Schwers, as
Owners of said subdivision shall fail to
execute the acceptance and furnish the
security provided for in Section 2 hereof,
within 45 days after the date of this Res-
olution, the provisions hereof shall be
null and void and the acceptance of the
dedication and approval of the plat shall
not be effective.
PASSED, ADOPTED, AND AP-
PROVED by recorded roll call this 17th
day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 140.78
We, the undersigned, Edward
Tschiggfrie and Charles Schwers, hav-
ing read the terms and conditions of the
foregoing Resolution No. 140-78 and be~
'""~'.~_-,_,-_,-_,~~o~-:""""'"
- - - .
Special Session, April 17, 1978
d.
I.
g.
h.
e.
~:4_-~_-i,"";;";;;;;:";;::;
..~__ ,.__ __ ____ _,__ n"___
-----,-- --------
-.""""",--._..,~ -~_.,",
RESOLUTION NO. 140.78
Resolution Approving the Plat of Lots
1.18 of Babcock's Second Addition In
the City of Dubuque, Dubuque Coun.
ty,lowa
WHEREAS, there has been filed with
the City Clerk a plat of the Subdivision
to be known as LOTS 1-18 OF BAB-
COCK'S SECOND ADDITION IN THE
CITY OF DUBUQUE, lOW A by: Ed-
ward Tschiggfrie and Charles Schwer's.
Owners, subject to easements of record
and according to the recorded plats
thereof ofLot2 of 1 of 1 of1 of 1 ofl of1 of
2 of Babcock's Addition to the City ofDu-
buque, Dubuque County, Iowa: and
WHEREAS, upon said plat appear
streets to be known as Concord Court to-
gether with certain public utility ease-
ments which the Owners, by said plat,
have dedicated to the public forever; and
WHEREAS" said plat has been exam-
ined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been ex-
amined by the City Council and they find
that the same conforms to statutes and
ordinances relating thereto, except that
streets have not been brought to grade,
or paving, or water installed;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the dedications of
Concord Court, together with ease-
ments for public utilities as the same ap-
pear upon said plat, be and the same are
hereby accepted;
Section 2. That the plat of LOTS 1-18
OF BABCOCK'S SECOND ADDITION
IN THE CITY OF DUBUQUE, lOW A,
be and the same is hereby approved and
the Mayor and City Clerk are hereby au-
thorized and directed to endorse the ap-
proval of the City of Dubuque, Iowa,
upon said plat, provided the owners of
said property herein named, execute
their written acceptance hereto at-
tached agreeing:
a. To reduce all streets to grade and
to construct Concord Court with
8" rolled stone base and 21/2" of
bituminous concrete surfacing of
6" respectfully, of Portland Ce-
ment Concrete pavement with in-
tegral curb and gutter. All of the
foregoing shall be constructed ac-
cording to the latest City ofDuhu-
que Specifications;
b. To install sewer service laterals
in accordance with plans submit-
ted with the plat;
c. To install water mains and water
service laterals in accordance
with plans submitted with the
plat;
176
""....,-'---~.~ ,~=--~~~'"-,o=~
179
Dubuque. Iowa. It is understood ditions of the foregoing Resolution No.
and agreed that upon final accep- 142-78 and being familiar with the condi-
tance by the City of Dubuque, tions thereof, hereby accept the same
Iowa, said improvements shall be and agree to perform the conditions re-
owned and maintained by the quired therein.
City of Dubuque, Iowa. Dated at Dubuque, Iowa, this 26th day
b. The drives and parking areas 10- of April. 1978.
cated on lot 1 of Block 2, "Phase Stone Hill
Two of Stone Hill Community Development Corporation
Subdivision No.1" in the City- of James H. Richard
Dubuque, Iowa, shall be private President
drives and parking areas and George E. Deininger
owned by Stone Hill Community Treasurer
Association, aud shall be held TO: LEO F. FROMMELT
with other common property CITY CLERK
shown upon the plan within the This is to certify that the security pro-
jurisdiction of Stone Hill Commu- vided by the foregoing Resolution No.
nity Association, and further pro- 142-78 has been furnished by the owners.
viding that the city may enter Dated at Dubuque. Iowa, this day
such drives and parking areas to of April, 1978.
provide necessary emergency Gilbert D. Chavenelle
services or other services or du- City Manager
ties which it may be obligated by Council Member Wertzberger moved
law to perform on the premises; adoption of the resolution. Seconded by
that the city may enter the drives Council Member Farrell. Carried by the
and perform necessary mainte- following vote:
nance whenever the private Yeas-Mayor Tully, Council Mem-
owner fails to do so, and assess all bers Brady, Farrell, King, W ertzberger.
costs to such owner. Nays-none.
c. All assessable costs for main- RESOLUTION NO. 143.78
tenance or services, described BE IT RESOLVED,By the CityCoun-
herein, performed by the City of ciI of the City of Dubuque, Iowa, that the
Dubuque, Iowa, on, or directly following having complied with the pro-
benefiting, Lot 1 of Block 2, visions of law relating to the sale of Cig-
"Phase TwoofStoneHillCommu_ arettes within the City of Dubuque,
nitySubdivisionNo.l"in the City Iowa, be granted a permit to sell Cigar-
of Dubuque, Iowa, shall be assess- ettes and Cigarette Papers within said
ed against Stone Hill Community City.
Association and a lien upon said Jeanne Zenner. 504 Central Ave.
real property. Gus Pascual and Paul Gloden, 1322
Section 4. That in the event Stone Central Ave.
Hill Community Association shall fail to Passed, adopted, and approved this
execute the acceptance and furnish the 17th day of April, 1978.
security provided for in Section 1 hereof Thomas A. Tully Jr.
within 46 days after the date of this Res- Mayor
olution, the provisions hereby shall be Richard Wertzberger
null and void and the acceptance of the D. Michael King
dedication and approval of the plat shall James E. Brady
not be effective. Carolyn Farrell
PASSED, ADOPTED AND AP- Council Members
PROVED BY UNANIMOUS RECORD- ATTEST:
ED ROLL CALL THIS 17TH DAY OF Leo F. Frommelt
APRIL, A.D., 1978. City Clerk
Thomas A. Tully Jr. Council Member Brady moved adop-
Mayor tion of the Resolution. Seconded by
Richard Wertzberger Council Member King. Carried by the
D. Michael King following vote:
James E. Brady Yeas-Mayor Tully, Council Mem-
Carolyn Farrell bers Brady, Farrell. King, Wertzberger.
Council Members Nays _ none.
RESOLUTION NO. 144-78
WHEREAS, App!ications 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 occu-
pied by such applicants were inspected
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 142-78
We, the undersigned Stone Hill Cor-
poration having read the terms and con-
Special Session. April 17. 1978
Special Session. April 17 ,1978
provements for a period offour (4)
years from the date of their ac-
ceptance by the City of Dubuque,
Iowa;
g. To provide the foregoing con-
struction and maintenance at the
sole expense of the Subdivider,
Stone Hill Development Corpora-
tion as owner;
h. To construct said improvements
prior to October 31, 1978.
Section 2. Stone Hill Development
Corporation does hereby covenant and
agree with the City of Dubuque, Iowa.
that Stone Hill Development Corpora-
tion is an Iowa Corporation known as
Stone Hill Community Association; said
Stone Hill Community Association is a
property owner's association and pro-
vides for the maintenance, improvement
and development of real property. and
improvements and fixtures located
thereon, described as:
Lot 1 of Block 2, "Phase Two of Stone
Hill Community Subdivision No.1" in
the City of Dubuque, Iowa.
Stone Hill Community Association
has the power to levy charges and as"
sessments against members of said cor-
poration which shall be liens against the
property owned by the members of said
corporation within "Phase Two of Stone
Hill Community Subdivision No.1" in
the City of Dubuque, Iowa, for the pur-
poses of maintaining, developing and im-
proving Lot 1 of Block 2, "Phase Two of
Stone Hill Community Subdivision No.
1" in the City of Dubuque, Iowa.
Section 3. Lot 1 of Bloek 2, "Phase
Two of Stone Hill Community Subdivi-
sion No.1" in the City of Dubuque, Iowa
is also known as Common Area which
property shall be maintained for the pur-
poses identified on the final develop-
ment plan and kept in neat and proper
order. The City of Dubuque, Iowa. shalt'
have a perpetual easement to enter, and
pass over and upon Lot 1 of Block 2,
"Phase Two of Stone Hill Community
Subdivision No. I" in the City of Dubu-
que~ Iowa. for such ordinary
maintenance services and emergency
services as are regularly and.customar-
ily provided by the City of Dubuque,
Iowa, in the City of Dubuque, Iowa. and
for such services or duties which the Ci-
ty of Dubuque, Iowa may be obligated by
law to perform on said premises.
a. Certain improvements, as shown
on Improvement Plan on file in
the office of the City Engineer of
Dubuque, Iowa, within Lot 1 of
Block 2, "Phase Two of Stone Hill
Community Subdivision No.1" in
the City of Dubuque, Iowa, shall
be public improvements and are
hereby so dedicated to the City of
to be known as Blocks 3 through 6, both
inclusive, each in "Phase Two of Stone
Hill Community Subdivision No. I" in
the City of Dubuque, Iowa,
WHEREAS, there are on file in the of-
fice of the City Engineer of Dubuque,
Iowa, Improvement Plans and accom-
panying specifications showing location
and grade of sanitary sewer, water.
pavement and drainage facilities within
the area shown on said plat; and
WHEREAS, said plat has been exam-
ined by the City Planning and Zoning
Commission and had its approval en-
dorsed thereon; and
WHEREAS, said plat has been exam-
ined by the City Council and they find
the same conforms to statutes and ordi-
nances relating thereto, except that
drive grades have not been established,
the drive brought to grade, or paving, or
storm sewer installed;
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOW A:
Section 1. That the plat of Blocks 3
through 6, both inclusive, each in "Phase
Two of Stone Hill Community Subdivi-
sion No.1" in the City of Dubuque, Iowa,
be and the same is hereby approved and
the Mayor and the City,Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, Iowa,
upon said plat, provided the owner of
said property herein named, execute
written acceptance hereto attached
agreeing:
a. To reduce all drives and parking
areas to grade and to construct
concrete curb and gutter and to
hard surface the drives with bitu-
minous concrete, or with concrete
paving with integral curb, all in
accordance with City of Dubuque
standard specifications;
b. To install storm sewers and catch-
basins in accordance with the
plans described herein and sub-
mitted with the plat;
c. To install water mains in accord-
ance with plans and specifications
filed by the owner in the office of
the City Engineer, City of Dubu-
que, Iowa;
d. To install sanitary sewer mains in
accordance with plans and specifi-
cations filed by the owner in the
office of the City Engineer of DUM
buque, Iowa;
e. To construct the foregoing im-
provements in accordance with
plans and specifications approved
by the City Manager, under the
inspection-of the City Engineer,
and in a manner approved by the
City Manager;
f. To maintain the foregoing im-
178
",,-""='t>
-
-- -~.
- -
181
APPROVED:
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Special Session, April17,1978
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
approval of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady. Farrell, King, W ertzberger.
Nays-none.
(Fixing Date of Hearing)
RESOLUTION NO. 148.78
WHEREAS, the City Council of the
City of Dubuque, Iowa. bas given its pre-
liminary approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the
City Clerk for public inspection for the
City of Dubuque 1978 Asphalt Patchiug
Project.
BE IT THEREFORE RESOLVED
that on the lstday oiMay, 1978. a public
hearing will be at 7:30 p.m. in the Council
Chamber of the City of Dubuque at
which time the objectors for the propos-
ed improvements may appear and make
objection to the proposed plans and spe-
cifications, form of contract and cost of
said improvement, and the City Clerk be
and he is hereby directed to cause a no-
tice of time and place of such hearing to
be published in some newspaper publish-
ed in the City of Dubuque, Iowa which
shall not be 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 directed to have pub-
lished the notice of pendency for said im-
provement, and the City Clerk is hereby
directed to advertise for proposals to the
contractors for the construction of the
above mentioned improvement.
Passed, adopted, and approved this
17th day of April, 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 King. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
(Neceaslly for Improvement)
RESOLUTION NO. 147-78
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
City 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
City of Dubuque 1978 Asphalt Patching
Project:
1. Asbury Road from Bunker Hill to
A valon Street; 2. Devon Drive from
Mineral Street to Dodge Street; 3.
Grandview A venue from Kerrigan Road
to Southern A venue; 4. Hale Street from
Grandview A venue to South Algona
Streeti 6. Ida Street from Delhi Street to
Grace Streeti 6. John F. Kennedy Road
at Shike-Richardsons and Sirloin Stock-
ade; 7. Loras Blvd. from Alta Vista
Street to Booth Street: 8. Mercer Drive
at intersection of U.S. Highway #20i 9.
Pennsylvania from Fairfax A venue to
Wisconsin A venue; 10. St. John Drive
from Graham Circle to Graham Circle;
11. Shiras Avenue from Eagle Point
Park entrance north to curb and gutter;
12. Alta Vista from University A venue
to Rose Street; 13. Theda Drive from
Crissy Drive to Trygg Drive; 14. Wil-
bricht Lane from Floraview Drive to
Flora Park entrance; 15. John F. Ken-
nedy Road from Springvalley Road to
W. 32nd Street; 16. W. 8th Street from
Bluff Street to Hill Street.
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 consid-
eration of this proposed resolution have
on file with the City Clerk, objections to
the amount of the cost of the improve-
ment, they shall be deemed to have
waived all objections thereto.
Said improvement 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 ordered placed on file with
the City Clerk this 17th day of April,
1978.
Approved and placed on file for final
action.
Special Session, April 17 ,1978
Passed, adopted, and approved this
17th day of April,1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
180
and found to comply with the Ordinances
oUbis City and have filed proper bondsi
NOW THEREFORE BE ITRESOLV-
ED By the City Council of the City of
Dubuque, Iowa, that the Manager be au-
thorized to cause to be issued to the fol-
lowing named applicants a Beer Permit.
"B'
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of City Manager sub-
mitting preliminary plans, specifica-
tions and estimate for the City of Dubu-
que 1978 Asphalt Paving Project, pre-
sented and read. Council Member
Wertzberger moved that the communi-
cation be received 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. 148.78
Preliminary Estimate and approval of
plans, spec., etc. for construction of City
of Dubuque 1978 Asphalt Patching Pro-
ject on the following named streets:
1. Asbury Road from Bunker Hill to
Avalon Street; 2. Devon Drive from
Mineral Street to Dodge Street; 3.
Grandview A venue from Kerrigan Road
to Southern A venue; 4. Hale Street from
Grandview Avenue to South Algona
Street; 5. Ida Street from Delhi Street to
Grace Street; 6. John F. Kennedy Road
at Shike-Richardsons and Sirloin Stock-
ade; 7. Loras Blvd. from Alta Vista
Street to Booth Street; 8. Mercer Drive
at intersection of U.S. Highway #20; 9.
Pennsylvania from Fairfax A venue to
Wisconsin Avenue; 10. St. John Drive
from Graham Circle to Graham Circle;
11. Shiras Avenue from Eagle Point
Park entrance north to curb and gutter;
12. Alta Vista from University Avenue
to' Rose Street; 13. Theda Drive from
Crissy Drive to Trygg Drive; 14. Wil-
bricht Lane from Floraview Drive to
Flora Park entrance; 15. John F. Ken-
nedy Road from Springvalley Road to
W. 32nd Street; 16. W. 8th Street from
Bluff Street to Hill Street,
in the estimated amount of $121,947.60,
presented and read. Council Member
Wertzberger moved adoption of the Res-
olution. Seconded by. Council Member
King. Carried by the following vote:
CLASS BEER PERMIT
Gary Nielsen & Dwaine Bowman
(Also Sunday Sales), 841 Central Ave.
Herbert F. Bisping, 1401 Elm Street.
CLASS "C" BEER PERMIT
Leonard Oil Company (Also Sunday
Sales), 1307 Dodge St.
Passed, adopted, and approved this
17th day of April, 1978.
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
RESOLUTION NO. 145.78
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and thesame 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;
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
NOW THEREFORE BE IT RESOLV-
ED By the City Council of the City of Du-
buque, Iowa, that the Manager be au-
thorized to cause to be issued to the fol-
lowing named applicants a Liquor
License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Marco's, Inc., 2022 Central Ave.
Kayla Smith, 2186 Central Ave.
J-eannine A. Kersch, 1555 Central
Ave.
Knights of Columbus Council 510
(Also Sunday Sales), 781 Locust St.
Paul Gloden & Gus Pascual, 1322 Cen-
tral Ave.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
183
That upon annexation of said sub. adoption of the Resolution. Seconded by
division, either voluntarily or in. Council Member Brady. Carried by the
voluntarily, to the City of Dubu. following vote:
que, Iowa, that Timothy Street Yeas-Mayor Tully, Council Mem-
extended. Shane Court and Alan- bers Brady. Wertzberger.
da Court and the easements for Nays-none.
public utilities shall thereupon Abstain-Council Members Farrell,
become public property and by King.
acceptance of this Resolution, Communication of Mrs. John Hagger-
Raymond M. Mueller and Grace ty of 2346 Washington Street requesting
M. Mueller do hereby covenant disability parking in front of their resi.
and agree that Timothy Street dence, presented and read. Council
extended, Shane Court and Alan. Member Wertzberger moved that the
da Court and the easements for communication be referred to the City
public utilities shall become Manager and Commissioner Dave Davis
public property upon annexation of the Human Rights Commission. Sec-
of said subdivision to the City of onded by Council Member Farrell. Car-
Dubuque, Iowa, and said cove- ried by the following vote:
nant shall be a covenant running Yeas - Mayor Tully, Council Mem-
with the land binding upon Ray- bers Brady, Farrell,King, Wertzberger.
mond M. Mueller and Grace M. Nays-none.
Mueller, their successors and as- Communication of East Central Inter.
signs and shall be deemed a con- governmental Ass'n. submitting a sum-
tinuing offer to be accepted by the mary Statement, ECIA Areawide Com-
City of Dubuque, Iowa. prehensive Plan Housing Element and
Section 2. That in the event Raymond requesting Council examination and in.
M. Mueller and Grace M. Mueller shall put, presented and read. Council Mem-
fail to execut~ the acceptance and fur- ber Wertzberger moved that the com-
nish the secutlty provided for in Section munication be received and filed and
1 hereof within 45 days after the date of referred to Council. Seconded by Coun.
this Resolution, the provisions hereof cil Member Farrell. Carried by the fol-
shall be null and void. lowing vote:
Passed, adopted, and approved this Yeas-Mayor Tully, Council Mem-
17th day of April,1978., bers Brady, Farrell, King, Wertzberger.
Thomas A. Tully Jr. Nays-none.
Mayor Communication of Dubuque Five
Richard Wertzberger Flags Center requesting agenda time,
James E. Brady for a presentation, was presented.
Council Members Steve Peters, Manager of 6 Flags Cen-
ter, stated building is on schedule: Also
presented documents pertaining to
Civic Center.
Council Member Wertzberger moved
that the communication and documents
be received and filed. Seconded by Coun-
cil Member Farrell. Carried by the fol-
lowing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of Ronald Nowack
and Ronald Blakeman requesting vaca-
tion of Union Street adjacent to Lots 209
and 210 of Union Addition (off Rush
Street), presented and read. Council
Member Wertzberger moved that the
communication be referred to City
Manager and Staff. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor TuUy, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of Michael J. Kruser
and Norman Bradfield requesting to
purchase Lot 590 Ham's Addn. (Prescott
St.), presented and read. Council Mem-
Special Session, April 17. 1978
ss.
County of Dubuque )
I, Leo F. Frommelt, do hereby certify
that I am the duly appointed, qualified
City Clerk of the City of Dubuque in the
County aforesaid, and as such attest to
the above Resolution.
Leo F. Frommelt
City Clerk of tho
City of Dubuque
ACCEPTANCE OF RESOLUTION
NO. 149.78
We, the undersigned Raymond M.
Mueller and Grace M. Mueller, having
read the terms and conditions of the
foregoing Resolution No. 149-78 and be-
ing familiar with the conditions thereof,
hereby accept the same and agree to per-
form the conditions required therein.
Dated at Dubuque, Iowa, this 18th day
of May,1978.
Raymond M. Mueller
Grace M. Mueller
Member Wertzberger moved
h.
ATTEST:
Leo F. Frommelt
City Clerk
State of Iowa
Counci
..~..;;;;;i.
Special Session, April 17,1978
of Iowa, said plat must be approved by
the City Council and the City Planning
and Zoning Commission of the City of
Dubuque, Iowa; and
WHEREAS, said plat has been exam-
ined by the City Planning and Zoning
Commission and its approval is endorsed
thereon; and
WHEREAS, said plat has been exam-
ined 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 g~ade, or paving,
sewer or water installed;\
NOW THEREFORE BElIT RESOL V-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, lOW A~
Section 1. That the plat of "Twin
Ridge Subdivision No.3", Dubuque
County, Iowa, 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, provided
the owners of said property herein
named execute their written acceptance
hereto attached agreeing:
a. To reduce all streets to grade and
to construct concrete curb and
gutter and to hard surface the ex-
tension of Timothy Drive, Alanda
Court and Shane Court with bitu-
minous concrete, or with concrete
paving with integral curb, all in
accordance with City of Dubuque
standard specifications;
To install sanitary sewer mains
and sewer service laterals in ac-
cordance with plans submitted
with the plat;
To install water mains and water
service laterals in accordance
with plans submitted with the plat;
To construct the foregoing im-
provements in accordance with
plans and specifications approved
by the City Manager, under the
inspection of the City Engineer,
and in a manner approved by the
City Manager;
To install storm sewers and catch.
basins in accordance with plans
submitted with the plat;
To provide the foregoing con.
struction and maintenance at the
sole expense of the Subdividers,
Raymond M. and Grace M. Muel-
ler, as owners;
To construct said improvements
prior to May 1, 1979, and further
provide that said Raymond M.
Mueller and Grace M. Mueller, as
owners of said Subdivision, se-
cure the performance of the fore-
going conditions in a manner ac-
ceptable to the City Manager.
-'-_._._-~~._-
-~"!oi~~=o.-S~::;::-~2-::,
------
,-
e.
f.
g.
d.
b_
c.
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
Brady. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, W ertzberger.
Nays - none.
Abstain-Council Members Farrell,
King.
RESOLUTION NO. 149.78
A Resolution Approving the Plst of
uTwln Ridge. Subdivision No.3," In
Tsble Mound Township, Dubuque
County, Iowa
WHEREAS, there has been filed with
the City Clerk of the City of Dubuque,
Iowa, a plat of a subdivision to be known
as "Twin Ridge Subdivision No.3" in
Table Mound Township, Dubuque Coun.
ty, Iowa, by Grace and Raymond
Muelleri and
WHEREAS, upon said plat appears
streets to be known as Timothy Street
extended, Shane Court and Alanda
Court, together with certain public util-
ity easements which the owner has dedi.
cated to the public forever; and
WHEREAS, the property comprising
"Twin Ridge Subdivision No.3" is locat-
ed in Section .12, Township 88 North,
Range 2 East of the 5th Principal Meri.
dian, within Dubuque County, Iowa and
not within the corporate limits of the
City of Dubuque, Iowa, but does lie
within two miles of the corporate limits
of said City, and that pursuant ,to the
provisions of Chapter 409.14 of the Code
March 22, 1978
Honorable Mayor and
Council Members
The City of Dubuque Planning and
Zoning Commission has reviewed the
final plat of Lots 1 through 13 of Bloek 1:
Lots 1 through 10 of Bloek 2: and Lots 1
and 2 of Block 3, all in Twin Ridge Subdi-
vision No.3. The property is located
southwest of the intersection of Carson
Road and U.S. Highway 61 in Key West
within the jurisdictional review area of
the City of Dubuque.
The Planning and Zoning Commission
has found the plat to be in compliance
with the Subdivision Ordinance of the
City of Dubuque, Iowa, and generally
consistent with the approved prelim-
inary plat. The Commission has voted to
approve the final plat as submitted and
recommends your favorable considera-
tion.
182
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - none.
--.--
185
anded by Council Member Brady. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem*
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of J efC Moriarity, in an
undetermined amount, for car damages
incurred as the result of driving into a
chuckhole at Wilbricht Lane on April 2,
1978. presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City Attor-
ney for investigation and, report. Sec-
onded by Council Member Brady. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of Mrs. Eldon R.
Kramer I in the amount of $120.86, for car
damages incurred as the result of defec-
tive pavement due to a broken water
main on Kerrigan Road, on April 3, 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 Brady. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Daniel Wolter, in
the amount of $87.55 for car damages in-
curred as the result of a barrel used for a
barricade on Keyway being rolled into
his car on April 4, 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 Brady. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Talmage Campbell,
inan undetermined amount, for car dam-
ages incurred as the result of asphalt be-
ing sprayed over their auto at 1755
J.F.K. Road on April 7, 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 Brady. Carried by the following
vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Lowell H. Wolter,
in the amount of $92.39, for car damages
incurred as the result of a barrel used for
a barricade on Keyway, being rolled into
his car on April 8, 1978, presented and
read. Council Member Wertzberger
17,1978
Special Session, Apri
Attorney for investigation and report.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of Robert R. Qvern,
Jr., in the amount of $63.88, for damage
incurred as the result of a backed-up
sewer into the basement of their home at
1705 Vizaleea, 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
Brady. Oarried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - none.
Notice of Claim of Richard B. Hafner,
in the amount of $25.50, for car damages
incurred as the result of driving in a de-
fective street at 17th & Jackson Streets
on April 4, 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
Brady. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Notice of Claim of Richard Heming, in
an undetermined amount, for car
damage incurred as the result of driving
into a chuckhole at J.F .K. Road on March
28, 1978, presented and read. Council
Member Wertzherger moved that the
Notice of Claim be referred to the City
Attorney for investigation and report.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzherger.
Nays - none.
Notice of Claim of Elizabeth C. House-
log, in the amount of $79.25, for personal
injuries received in a fall on an icy side-
walk at 13th Street & Central Ave. on
February 24, 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
Brady. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of John G. Ryan, in an
undetermined amount, for car damage
incurred as the result of driving into a
chuckhole at Valentine Drive on April 1,
1978, presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City Attor-
ney for investigation and report. Sec-
~"'
Special Session,April17 ,1978
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of Dock Commission
responding to procedure requested by
the City relative to a proposed sewer
line agreement upon receipt of a letter
from Vallet Poultry, who is not asking a
charge for joining of Dubuque Oil Ter-
minals Sewer installation to their line,
presented and read. Council Member
Wertzberger moved that the communi-
cation be received and filed and agree-
ment approved. Seconded by Mayor Tul-
ly. Carried by the following vote:
Y eas- Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Communication of Council Member
Wertzberger requesting a review on the
following subjects: Railroad crossings;
- Parking signs on North Booth at alley
between University and W. 5th; - Con-
trol of parking in private lots, 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, W ertzberger.
Nays-none.
Petition of Bertrand L. Thibadeau of
821 Cleveland Ave. requesting permis-
sion to divide Lot 2 of Lot 49 (leaving
each lot with less than 50') in the hope of
upgrading the property, presented and
read. Co,uncil Member Wertzberger
moved that the petition be referred to
the Planning & Zoning Commission. Sec-
onded by Council Member Farrell. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Council Member
Farrell recommending appointments to
the Airport Commission, Human Rights
Commission, TV Cable Commission,
Police & Fire Retirement Pension
Board, Civil Service Commission (sub-
ject to Executive Session), presented
and read. Couneil Member Farrell
moved that the communication be
received and filed and referred to Coun-
cil. Seconded by Council Member Wertz-
berger. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Notice of Claim of Jerry A. Klossner,
in the amount of $145., for damage in-
curred as the result of a backed-up sewer
into the basement of their home at 1713
Vizaleea, presented and read. Council
Member Wertzberger moved that the
Notice of Claim be referred to the City
.,.."."..._...,_,,_.,.~1
ber Wertzberger moved that the com-
munication be referred to the City Man-
ager and Staff. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Petition of Gary Brewer et al (7
signers} requesting exemption of any fu-
ture assessments that may occur due to
the destruction of the street caused by
travel of the heavy Dubuque Commun-
ity School Busses, presented and read.
Emil Henschel, Gordon Lee, Rick
Wieser, Walter Hodge, Arnold Fritsch
and Roger Connolly, residents of Ungs
Street, addressed the Council request-
ing the School busses be rerouted.
Council Member Wertzberger moved
that the communication be referred to
the City Manager, Engineering Depart-
ment and Dubuque Community School
District. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Communication of Recreation Com-
mission indicating an urgency of the situ-
ation' created as a result of the sale of
McAleece Recreation Area, being pres-
ently concerned about the impact on
future baseball, presented and read.
Council Member Wertzberger moved
that the communication be received and
filed and referred to Council. Seconded
by Council Member Brady. Carried by
the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of City Manager ad-
vising of compliance of petition of Tom
Graham to permit Sunday parking in the
bus stop area on Main Street between
9th & 10th Streets, 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.
Communication of Housing Commis-
sion advising that HUD reserved annual
contributions contract authority, in the
amount of $127,368 for 50 units of Sec-
tion 8 Existing Housing, in response to
application for 100 units filed by the City
in February, presented and read. Coun-
cil Member Wertzberger moved that the
communication be received and filed and
referred to Council. Seconded by Coun-
cil Member Farrell. Carried by the fol-
lowing vote:
184
187
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. King, W ertzberger.
Nays-none.
Proof of Publication, certified to by
the Publisher I of a Notice of finding of no
significant effect on the Env.ironment
for a project identified as the purchase of
cleared land in the Urban Renewal Pro-
ject. presented and read. Council Mem-
ber Wertzberger moved that the proof
of publication be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Public Works Di-
rector submitting a recommended FY
'79 Budget for the Metropolitan Solid
Waste Agency, presented and read.
Council Member Wertzberger moved
that the communication and budget 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.
Communication of Council Member
Brady proposing changing C-2 Zoning
Zone by limiting the seating capacity,
square footage of taverns and holding
such usage to a single level in the struc-
ture, however, in the C-8 Zone and
above, all taverns would be allowed as
they are now, presented and read. Coun-
cil Member Brady moved that the read-
ing just had be considered the first read-
ing of the Ordinance for study. Seconded
by Council Member Wertzberger. Car-
ried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
At 10:11 P.M. Council Member Farrell
moved to go into Executive Session to
discuss appointments to various Boards
and Commissions. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - none.
Council Reconvened in Regular Ses-
sion at 10:32 P.M.
Mayor TuUy announced the following
appointments: John Hess to Civil Ser-
vice Commission for 6 year term expir-
ing 3.31-84; Daniel E. Welu to Police &
Fire Pension & Retirement Board for 4
year term expiring 4.1.82; Mrs. R. W.
Sandven to TV Cable Commission for
unexpired term expiring 6.29-79. Coun.
cil Member Farrell moved ratification of
the appointments. Seconded by Mayor
Tully. Carried by the following vote:
Special Session, April 17 .1978
refund be approved and City A uditor di-
rected to issue proper warrant. Second-
ed by Council Member Brady. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - none.
Petition of Citizens Advisory Com.
mission requesting appointment of need.
ed members to the Commission in pre-
paration of the proposed recreational
study, presented and read. Council
Member Wertzberger moved that the
petition be referred to the Council. Sec-
onded by Council Member Brady. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem.
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of John Scannell reo
questing a solution to slow down traUic
on Keyway, please no diverters, pr'e-
sented and read. Council Member
Wertzberger moved that the communi-
cation be referred to City Manager and
Traffic Department. Seconded by Coun-
cil Member Brady. Carried by the follow.
ing vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of E. J. Barud, 3431
Daniels St., encouraging the Council to
vote against location of heavy industry,
such as a cement plant near Century,
Bies and Sylvan Drives, presented and
read. Council Member Wertzberger
moved that the communication be
received and filed and copy sent to the
County. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Petition of Kleiner Enterprises Inc.
requesting permission to excavate at
1286 Dodge, Street, presented and read.
Council Member Wertzberger moved
that, the petition be approved and re-
ferred to the Engineering Department.
Seconded by Council Member Brady.
Carried by the following vote:
Yeas-Mayor Tully, Council Mem.
bers Brady, Farrell, King, W ertzberger.
Nays - none.
Communication of W. 11th Neighbor-
hood Ass'n. commending the Council on
the decision for consideration of various
new bridge connections especially the
16th Street and Kerper Blvd. ramps,
presented and read. Council Member
Wertzberger moved that the communi-
cation be received and filed. Seconded
by Council Member Brady. Carried by
the following vote:
.:"""'''--i<.i"''j
Special Sessio~. April 17.1978
read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Housing Commis-
sion subrriitting minutes of their
meeting of March 21, 1978, presented
and read. Council Member Wertzberger
moved that the minutes be received and
filed. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Housing Rehabili-
tation Commission submitting minutes
of their meeting of April 6, 1978, pre-
sented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Peoples Natural
Gas submitting Income, Operating Re-
venue, Balance Sheet and Plant Detail
Statement for year 1977, presented and
read. Council Member Wertzberger
moved that the communication be re-
ceived and filed. Seconded by Council
Member Brady. 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 at 1810
and 1675 Loras Blvd. along with recom-
mendation of Engineering for approval,
presented and read. Council Member
Wertzberger moved that the request be
approved. Seconded by Council Member
Brady. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-none.
Communication of Planning & Zoning
Commission submitting the latest sup-
plementary sheets for copy of Zoning Or-
dinance, presented and read. 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, W ertzberger.
Nays-none.
Petition of Sandra L. Moncrief, reo
questing a refund of $422.50 for the un-
expired portion of Liquor License No.
#C-9974, presented and read. Council
Member Wertzberger moved that the
~......_"'~
186
moved that the Notice of Claim be refer-
red to the City Attorney for investiga-
tion and report. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Notice of Claim of Earl Swift, in the
amount of $687., for damages incurred as
the result of a backed-up sewer at 2109
Graham Circle on March 31, 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 Brady. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady. Farrell, King, W ertzberger.
Nays-none.
Communication of Dubuque Five
Flags Center Commission submitting
minutes of their meeting of April 4, 1978,
presented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Planning & Zoning
Commission submitting minutes of their
meeting of March 29, 1978, presented
and read. Council Member Wertzberger
moved that the minutes 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.
Communication of Playground and
Recreation Commission submitting min-
utes of their meeting of March 13, 1978,
presented and read. Council Member
Wertzberger moved that the minutes 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.
Communication of Youth Services
Board of Directors submitting minutes
of their meeting of February 23, 1978,
presented and read. Council Member
Wertzberger moved that the minutes be
received and filed. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-none.
Communication of Advisory Commis~
sion submitting minutes of their meet-
ing of March 28, 1978, presented and
189
this
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, King, Wertzberger.
Nays-none.
Absent- Council Member Farrel
Communication oiE. J. Voggenthaler
Co. advising of their interest and desire
to acquire an option on portions of Pe-
trakis Park to provide rail siding and
needed acreage to continue operation.
presented and read.
Mayor Tully moved to suspend the
rules to let anyone present address the
Council if they so desire. Seconded by
Council Member King. Carried by the
following vote:
Yeas - Mayor Tully. Council Mem-
bers Brady, King, Wertzberger.
Nays-none.
Absent-Council Member Farrel:
Virginia Kisting and Joe Kisting
spoke to the communication stating they
are concerned about location of propos-
ed Bridge Alternates.
Council Member Wertzberger moved
that the communication of E. J. V oggen-
thaler Co. be received and filed and re-
ferred to City Manager and City Solici-
tor. Seconded by Council Member
Brady. Carried by the following vote:
Mem-
There being no further business
Council Member Brady moved to ad
journ. Seconded by Mayor Tully. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, King, Wertzberger.
Nays-none.
Absent- Council Member Farrel;
Member Farrel
Leo F. Frommelt
City Clerk
Passed, adopted, and approved
26th day of April, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Yeas-Mayor Tully, Counc
bers Brady, King, Wertzberger.
Nays - none.
Absent - Counc:
Special Session, April 26, 1978
CITY COUNCIL
OFFICIAL
Special Session, April 26, 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. Ab-
sent- Council Member Farrell.
Mayor Tully read the call and stated
that service thereof had been duly made
and this Meeting is called to AUTHOR-
IZE ACCEPTANCE OF WARRANTY
DEED FROM THERMOL YNE COR-
PORATION FOR PROPERTY IN RIV-
ER FRONT SUB. NO.3 CONVEYED
TO THE CITY and acting upon such
other business as may properly come be-
fore a Regular Meeting of the Council.
RESOLUTION NO. 150.78
WHEREAS, the City of Dubuque,
Iowa has acquired the real estate herein-
after described from the Thermolyne
Corporation; and
WHEREAS, said corporation has de-
livered a Warranty Deed conveying real
estate to the City of Dubuque, Iowa, de-
scribed as:
Lot 1 of Block 14, Block 13 aud Lot 1 of
Block 12, all of "River Front Subdivi-
sion No.3", subject to existing ease-
ments for sewer, water and utilities,
excepting and reserving therefrom
the Northerly 50 feet of Lot 1 of Block
12 of "River Front Subdivision No.3"
which shall remain the property of
Thermolyne Corporation; all in the
City of Dubuque, Iowa according to
the recorded plats thereof;
and
WHEREAS, said delivery of deed
dated April 25, 1978 by the Thermolyne
Corporation to the City of Dubuque,
Iowa, should be accepted;
NOW THEREFORE BE1TRESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, lOW A:
Section 1. That the delivery of War-
ranty Deed by Thermolyne Corporation,
dated April 25, 1978, conveying to the
City of Dubuque, Iowa the hereinabove
described real estate be and the same is
hereby accepted.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
cause said Warranty Deed to be record-
ed in the office of the Dubuque County
Recorder together with certified copy of
this Resolution.
Section 3. That the City Clerk be and
he is hereby directed to forward a certi-
fied copy of this Resolution to the Dubu-
que County Assessor and the Dubuque
County Auditor.
?
?
188 SpecialSession,April17,1978
-
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
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, W ertzberger.
Nays-none.
Leo F. Frommelt
City Clerk
Approved... ........ ........... 1978
Adopted...... .................1978
Council Members
ATTEST:
City Clerk
191
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA," BY
RECLASSIFYING PROPERTY AT 1927
UNIVERSITY AVENUE FROM ID IN.
STITUTIONAL DISTRICT CLASSIFI-
CATION TO R-3 RESIDENTIAL
DISTRICT CLASSIFICATION
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, " to reclassify here-
inafter described property from '1D in-
stitutional District" classification to
''R-3 Residential District" classifica-
tion, to wit:
the West 11.1 feet of Lot 13 and the
East 38.9 feet of Lot 14 both in
Tschirgi and Schwind's Subdivision
in the City of Dubuque, Iowa.
Section 2. 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
1st day of May, 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 4th day of May
1978.
Leo F. Fromme
City Clerk
1t 5/1,
Council Member Wertzbergermoved
final adoption of the Ordinance. Second.
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrel~ King, Wertzber-
ger.
Nays-none.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance by
reclassifying property at 1919 Universi-
ty Ave. from ID Institutional District to
R-3 Residential District Classification,
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 be received and
Regular Session, May 1, 1978
TV COUNCil
\",' OFFICIAL
);Regular Session, May I. 1978.
."Council met at 7:30 P.M. (D.S.T.)
':-;',_,p;resent: Mayor_Tully, Council Mem-
~.'ber'sBrady, Farrell, King. Wertzberger.
?2.:':::.4bsent: City Manager Gilbert D.
/1:_",,-_,,, _
;\;Qh,_a"eneHe.
'~;~j-~;~rayor Tully read the call and stated
(ft_h_at service thereof had been duly m~de
~_~_~J~is isthe regular monthly meetmg
oJ~the Council called for the purpose of
::,k'ctjng upon such business as may pro-
_~p~rly come before the Meeting.
'-"Invocation was given by Rev. Robert
"g~$.,te;fek, ;Pastor of First Presbyterian
-J~lj.l'rch.
'('ii.>Proclamations proclaiming week of
"ilMi~:1.3; 17 as "Womens Recreation Ass'n
;'i~:w"ar!lness Week", Months of June, Ju-
~i)J'N;~:~ugust as "Jobs for Students
M()nth~"and Week of May 14 thru 20 as
~j$~;'YourBabY Week", were read, ap-
--P,~\9Yfld.andsigned by Mayor Tully.
",J~.l'oj)fof Publication, certified to by
~:,itb~:J:lll,blisher, of Notice of Public Hear-
R::W~~,._to amend the Zoning Ordinance by
~';'7e.cll\s~ifying property at 1927 Universi-
")fy~~ve. fromID Institutional District to
:,:~::~;:3;~esidential District Classification,
pr~s~nted and read. No written objec-
.'ttons were filed and no oral objectors
' we_re present in the Council Chamber at
-the 'time set for the hearing. Council
;~~Olper Wertzberger moved that the
;:""proofof publication be received and
flIed. Seconded by Council Member Far-
r~)l. Carried by the following vote:
_:-:;;Yells-Mayor Tully, Council Mem-
b~is Brady. Farrell, King. W ertzberger.
-Nays - none.
ORDINANCE NO. 24-78
AN qRDINANCE OF THE CITY OF DU.
BUQUE, IOWA, PROVIOING THAT
THE COOE OF ORDINANCES, CITY
gF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
OF, ALSO KNOWN AS THE "ZONING
QRDINANCE AND ZONING MAP OF
.T!fE CITY OF DUBUQUE, IOWA" BY
~ECLASSIFYING PROPERTY AT1927
UNIVERSITY AVENUE FROM ID IN-
STITUTIONAL DISTRICT CLASSIF-
ICATION TO R-3 RESIDENTIAL
DISTRICT CLASSIFICATION,
_s:aid Ordinance having been previously
preSented and read at the Council Meet-
ing of April 3, 1978, presented for final
adoption.
ORDINANCE NO. 24.78
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.
Ii
-----. ---- --
- - - - ----- ~----
- -- - -- -
190 Special Session, Apri126, 1978
Approved. .. . . . .. . . .. . . .. . . . ... 1978
Adopted. _ .. . . . .. . .. . . .. . .. . ... 1978
Council Members
ATTEST:
City Clerk