1978 July Council Proceedings
307
THE CITY OF DUBUQUE, IOWA" BY
RECLASSIFYING PROPERTY IN
"HENRY A. ROBINSON INDUSTRIAL
SUBDIVISION" FROM C.3 ARTERIAL
BUSINESS COMMERCIAL DISTRICT
CLASSIFICATION TO HI HEAVY IN.
DUSTRIAL DISTRICT CLASSIFICA.
TION.
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 herein-
after described property from "C-3
Arterial Business Commercial District "
classification to HI Heavy Industrial
District classification, to wit:
the northerly 26 feet of Lot ;2 of Lot 1
of Lot 1 of "Henry A. Robinson In-
dustrial 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
3rd day at July, 1978.
Richard Wertzberger
Mayor Pro-Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST,
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 5th day of July
1978.
1l 7/5
Mayor Pro-Tem Wertzberger moved
final adoption of the Ordinance. Second-
ed by Council Member King. Carried by
the following vote:
Yeas-Mayor Pro-Tem Wertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain-Mayor Tully.
RESOLUTION NO. 223.78
Authorizing Submission of a Request
for Release of Funds for Certain Com.
munity Development Block Grant Pro-
jects
WHEREAS, the City of Dubuque in
conformance with the Environmental
Review Procedures for the Community
Development Block Grant Program con-
vened an ad hoc committee on June 12,
1978, and completed an Environmental
Assessment of the following identified
Leo F. Fromme
City Clerk
Regular Session,J uly 3, 1978
CITY COUNCIL
OFFICIAL
Regular Session, July 3, 1978.
Council met at 7:30 P.M. (C.D.TJ
Present: Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
City Manager Gilbert D. Chavenelle.
Mayor Tully read the call and stated
that service thereof has been duly made
and this Meeting is the regular monthly
meeting of the Council called for the pur-
pose of acting upon such business as may
properly come before the Meeting.
Proclamations proclaiming the week
of July 16, 1978 as "Official Welcome
Wagon Week" and July 15, 1978 as
"Farmer Appreciation Day", were read,
approved and signed by Mayor Tully.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance by
reclassifying the Northerly 26' of Lot 2
of Lot 1 of Lot 1 of Henry A.Robinson In-
dustrial Sub. from C-3 Arterial Commer-
cial District to Heavy Industrial 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 Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
King. Carried by the following vote:
Yeas-Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
ORDINANCE NO. 41-78
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 IN
"HENRY A. ROBINSON INDUSTRIAL
SUBDIVISION" FROM C.3 ARTERIAL
BUSINESS COMMERCIAL DISTRICT
CLASSIFICATION TO HI HEAVY IN-
DUSTRIAL DISTRICT CLASSIFI.
CATION,
said Ordinance having been previously
presented and read at the Council Meet-
ing of June 5, 1978 presented for final
adoption.
ORDINANCE NO. 41.78
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
Special Session, June 28, 1978
ATTEST:
Leo F. Frommelt
City Clerk
Council Member King moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays-None.
Absent - Counei'
Adopted
ATTEST:
City Clerk
Wertzber-
ger.
Council Member Brady moved that the
Transit Authority be directed to rein-
stitute all services recently cut. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas - Mayor Tully, Counci
bers Brady, Farrell, King.
Nays - None.
Absent-Counci
Mem-
Wertzber-
ger.
There being no further business,
Council Member Brady moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King.
Nays - None.
Absent-Council Member Wertzber-
ger.
1978
1978
Members
Leo F. Frommelt
City Clerk
Counci
Member
Member
Approved
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 the definition for
"Department Store" in Article XI and
adopting a new definition for "De-
partment Store" in Article XI, pre-
sented and read. Council Member Far-
rell moved that the Ordinance be re-
ceived and filed and referred to Council
Meeting to be held on July 3, 1978. Se-
conded by Council Member Brady. Car-
ried by the following vote:
Yeas-Council Members Brady, Far-
rell, King.
Nays-Mayor Tully.
Absent-Council Member Wertzber-
ger.
AN ORDINANCE of the City of Du-
buque, Iowa providing that the Code of
Ordinances, City of Dubuque, Iowa be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by repealing Section 4-117.6 of Ar-
ticle IV and adopting a new Section
4-117.6 of Article IV, prescribing special
provisions governing the expansion of
existing C-6 Commercial Districts and
uses contained therein, presented and
read. Council Member Farrell moved
that the Ordinance be received and filed
and referred to Council Meeting to be
held on July 3, 1978. Seconded by Coun-
cil Member Brady. Carried by the follow-
ing vote:
Yeas-Council Members Brady, Far-
rell, King.
Nays-Mayor Tully.
Absent-Council Member Wertzber-
ger.
RESOLUTION NO. 222.78
Authorizing the SUbmission of an Ap.
plication for State Assistance Funds
WHEREAS, the Dubuque Transit
Trustee Board is filing an application for
state transit assistance funds to be nsed
for capital purchases.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Dubuque Transit
Trustee Board be and it is hereby au-
thorized and directed to file on behalf of
the City of Dubuque an application with
the Iowa Department of Transportation
for state transit assistance funds in the
amount of $92,915.
Passed, adopted, and approved this
28th day of June, 1978.
Thomas A. Tully Jr.
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
306
Al
,-.. ~_'_,...~,,-,"?;A._'..J..";'~
309
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.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing to
dispose of interest in Lot 6 in Block 1 in
River Front Sub. No.5 to Klauer Manu~
facturing Company, 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 Farrell moved that
the proof of publication be received.and
filed. Seconded by Council Member Bra-
dy. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
RESOLUTION NO. 225-78
WHEREAS, pursuant to resolution
and published notice of time and place of
hearing, published in the Telegraph~
Herald, a newspaper of general circula-
tion published on June 22,1978, in the Ci-
ty of Dubuque, Iowa, the City Council of
the City of Dubuque, Iowa met on the
3rddayolJuly, 1978, at 7:30 o'clock P.M.
(DST) in the City Council Chambers in
City Hall, Dubuque, Iowa to consider the
proposal to dispose of interest of the Ci~
ty of Dubuque, Iowa in real estate des-
cribed as:
Lot 6 in Block 1 in "River Front Subdi-
vision No.5" in the City of Dubuque,
Iowa
to KLAUER MANUFACTURING
COMPANY: 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 City of
Dubuque, Iowa in the above described
real estate to KLAUER MANUF A C~
TURING COMPANY:
NOW THEREFORE BE IT RE.
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
sactions of the City of Dubuque, Iowa, in
accordance with the contract agreement
dated June 5, 1978, for the fiscal period
beginning July 1,1977 through June 30,
1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzherger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Regular Session, July 3-,1978
eral courts if an action is brought to en-
force responsibilities in relation to en-
vironmental reviews, decision-making,
and action; and that these respon-
sibilities have been satisfied. The legal
effect of the certification is that upon its
approval, the City of Dubuque may use
the block grant funds and HUn will have
satisfied its responsibilities under the
National Environmental Policy Act of
1969. HUD will accept an objection to its
approval of the release of funds and ac-
ceptance of the certification only if it is
on one ofthe following bases: (a) That the
certification was not in fact executed by
the Chief Executive Officer or other of-
ficer of applicant approved by HUD; or
(b) That applicant's environmental
review record for the project indicates
ommission of a required decision, find-
ing, or step applicable to the project in
the environmental review process. Ob-
jections must be prepared and submit-
ted in accordance with the required pro-
cedure (24 CFR Part 58), and may be ad-
dressed to HUD at Omaha Area Office,
7100 West Center Road, Omaha,
Nebraska 68106. Objections to the
release of funds on bases other than
those stated above will not be ~on-
sidered by HUD. No objection received
after the 28th day of July, 1978, will be
considered by HUD.
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by May-
or Pro-Tern Wertzberger. Carried by
the following vote:
Yeas - Mayor Pro-Tern W ertzberger,
Council Members Farrell, King.
Nays - Council Member Brady.
Abstain-Mayor Tully.
RESOLUTION NO. 224.78
A Resolution for Approval of the City
of Dubuque, Iowa Financial Audit for
the Fiscal Year Beginning July 1, 1977
Through June 30, 1978.
WHEREAS, Chapter 11, Section
11.18, 1977 Code of Iowa requires that
the financial condition and transactions
of all cities and city officials shall be ex-
amined at least once per year;
WHEREAS, examinations may be
made by the Auditor of State, or in lieu
thereof, the local governing body may
employ certified public accountants,
registered in the State of Iowa; and so
notify the Auditor of State within sixty
days after the close of the fiscal year to
be examined.
NOW THEREFORE BE IT RE-
SOLVED that the Certified Public Ac-
counting Firm of O'Connor, Brooks and
Company of Dubuq~e, Iowa, be engaged
to audit the financial condition and tran-
relation to en-
decision-making
Regular Session, July 3,1978
responsibilities in
vironmental reviews,
and action.
Section 5. That the"Mayor of the City
of Dubuque be and he is hereby author_
ized and directed to execute 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 01 July, 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
~ EXHIBIT "A"
PUBLIC NOTICE
Pursuant to the Environmental Re-
view Procedures for the Community De-
velopment Block Grant Program, the Ci~
ty of Dubuque intends to file a request on
July 17, 1978, for Release of Funds for
Certification of the following identified
projects to be undertaken with funds
made available under Title I of the Hous-
ing and Community Development Act of
1974.
Construction of 32nd St. Fire Station
Code Enforcement
The City of Dubuque has made an En-
vironmental Review Record for the pro-
jects, and has placed these records on
file in the Office of the City Clerk in City
Hall, 13th and Central Streets, Dubu-
que, Iowa, where said records may be ex-
aminedand copied between the hours of
8:00 A.M. and 5:00 P.M., Monday
through Friday until 5:00 P.M. on the
28th day 01 July, 1978.
The name of the applicant is the City
of Dubuque, Iowa, and the Chief Ex-
ecutive 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 Streets, Dubuque,
Iowa.
The City of Dubuque will undertake
the projects described above with block
grant funds from the U.S. Department of
Housing and Urban Development (HUD),
under Title I oftbe Housing and Commu~
nity 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 capacity as Mayor, con-
sent to accept the jurisdiction of the Fed.
308
proposals (projects) with Community
Development Block Grant funds; and
Construction of 32nd Street Fire Sta-
tion
Code Enforcement
WHEREAS, pursuant to Resolution
No. 210.78, adopted June 19, 1978, Public
Notice of a "Finding of N 0 Significant Ef-
fect on the Environment" for the pro-
posals (projects) was published June 20,
1978, in the Dubuque Telegraph Herald,
a newspaper of general circulation, and
provided for a public comment period
until 12:00 Noon, Friday, July 7, 1978;
and
WHEREAS, Public Notice of a "Find-
ing of No Significant Effect on the En-
vironment" for the proposals (projects)
was sent by regular mail to various
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 objectives, if
any, to such proposals have been duly
considered; 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 projects; now
therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, lOW A:
Section 1. That the Environmental
Review Record for each of the proposals
(projects) shall continue to remain on file
in the Office of the City Clerk, where
said records may be examined and cop~
ied by any interested party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and di-
rected to submit to the U.S. Department
of Housing and Urban Development on
July 17, 1978, a request for release of
funds to undertake the said Projects.
Section 3. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent to assume the status of a responsi~
hIe Federal official under the National
Environmental Protection Act, insofar
as the provisions of the said Act apply to
the U.S. Department of Housing and Ur-
ban Development's responsibilities for
review, decision-making, and action
assumed and carried out by the City of
Dubuque as to environmental issues.
Section 4. That the Mayor of the City
of Dubuque is hereby authorized to con-
sent personally, in his official capacity
and on behalf of the City of Dubuque, to
accept the jurisdiction of the Federal
courts if an action is brought to enforce
311
of Dubuque, Iowa; and
WHEREAS. said Owners have filed
with the City Clerk of the City of Dubu-
que, Iowa a petition requesting the vaca-
tion of the platted 8 foot (8') wide utility
easement along the Southerly line oiLat
5. Block 9, and Lot 6, Block 10 of Timber
Ridge Addition in the City of Dubuque,
Iowa; and
WHEREAS, said Owners have sub-
mitted a plat for the purpose of extin-
guishing the 8 foot wide utility
easements shown thereon, and submit-
ted as "Exhibit A"; and
WHEREAS, the public utility com-
panies entitled to use said easements
have consented to said vacation; and
WHEREAS, the utility easement doc-
uments and attached "Exhibit A" have
been examined by the City Council of the
City of Dubuque, Iowa:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A, that
said petition and plat for the vacation of
the platted 8 foot wide utility easement
along the Southerly line of Lot 5. Block 9,
and Lot 6, Block 10. of Timber Ridge Ad-
dition in the City of Dubuque, Iowa, be
and the same are hereby approved. and
the Mayor and Clerk are hereby author-
ized and directed to endorse the ap-
proval of the City of Dubuque. Iowa upon
said plat for the vacation of the afore-
mentioned easements.
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.
Passed, adopted, and approved by the
recorded roll call vote this 3rd day of J u-
ly,1978.
Proof of Publication, certified to by
the Publisher, of Notice of Pendency on
Resolution of Necessity for construction
of the Hamilton Glen (RET, Inc.) Sani-
tary Sewer, presented and read. Council
Member Wertzberger moved that the
proof of publication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Regular Session,J uly 3,1978
that copies of Iowa Open Meeting Law
be sent to members ofthe Commissions,
presented and read. Council Member
Farrell moved that copies of the Law be
sent to the Commissi,on Chairmen. Se-
conded by Council Member Wertzber-
ger. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Printed Council Minutes for the
months of January and February, 1978
presented for approval. Council Member
Wertzberger moved that the minutes be
approved as printed. Seconded by Coun-
cil Member Brady. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Honorable Mayor and City Council
Original Notice with Petition, at-
tached, being Law No. 40736 in Dubuque
County District Court, was served on
the City of Dubuque, Iowa on March 18,
1976, wherein Rose Linden was plaintiff
and Gerald E. Miller and the City of Du-
buque, Iowa were named defendants.
Said cause of action was for personal in-
juries suffered allegedly by plaintiff on
September 25, 1975 as the result of a fall
on a public sidewalk at or near 2417
Rhomberg A venue and plaintiff claim-
ing an uneven, rough and dangerous con-
dition thereat. Plaintiff prayed for
damages in the amount of $22,563.00.
This matter was referred to the City
Attorney who interposed the appro-
priate defenses thereto and said matter
was tried before a jury during the week
of June 5, 1978. Said jury returned a ver-
dict against the defendant, City of Dubu-
que, Iowa in the amount of$1700.00, plus
court costs in the amount of $142.70.
Origihal Notice with petition attached
is herewith enclosed.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the settlement be approved. Se-
conded by Council Member Brady. Car-
ried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 227-78
Approving Vacation of Utility Ease.
ment in Timber Ridge Addition In the
City of Dubuque, Iowa.
WHEREAS, the Owners in Fee of Lot
5, Block 9, and Lot 6, Block 10 of Timber
Ridge Addition in the City of Dubuque,
Iowa, have vacated the existing 8 foot
wide utility easement along the Souther-
ly line of Lot 5, Block 9, and Lot 6, Block
10 of Timber RidJ{e Addition in the City
-~-_................~~ ,'<;......"""':.-k:~.
310
RegularSession,J uly3, 1978
tion subject to property tax as finally
determined by the County and an in"
crease in monies and credits replace_
ment. The net effect ofthese changes is a
reduction of the property tax asking of
$1245 brought about by reducing the
Trust & Agency fund asking by $1624
and increasing the total General fund
asking by $379.
The State required that the revised
data be officially accepted by resolution
with direction to adjust accounting re-
cords accordingly.
We would request your adoption of
the attached resolution.
Gilbert D. Chavenelle
City Manager
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. 226.78
Accepting Revised FY 79 Budget Ce,.
tlflcate and Adjusting Accounting Re.
cords Accordingly
WHEREAS, the State Comptroller
has adjusted certain levies on the fiscal
year 1979 budget certificate in order to
account for increased Monies and Cred-
its Replacement and assessed valuations
subject to property tax over the original
budget estimate.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1: That the City Council ac-
cepts the adjustments to tax levies and
Monies and Credits Replacement as di-
rected by the State Comptroller.
Section 2. That the City Finance Di-
rector be and he is hereby directed toad-
just his accounting records accordingly.
Passed, adopted, and approved this
3rd day of July, 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.
Communication of Boards and Com-
mission Study Group recommending
Section 1. That the disposal of interest
of the City of Dubuque, Iowa in the fol-
lowing described real estate, to-wit:
Lot 6 in Block 1 in "River Front Sub-
division No.5" in the City of Dubu-
que, Iowa
to KLAUER MANUFACTURING
COMPANY for the purchase price of
$400.00 pursuant to Option Agreement,
dated June 2, 1978, between the City of
Dubuque, Iowa and Klauer Manufactur-
ing Company, the terms and conditions
of which are fully set out in said Option
Agreement, a copy of which is hereto at-
tached and by reference made a part
hereof, be and the same is hereby ap-
proved.
Section 2. That the Mayor and the Ci-
ty Clerk be and they are hereby author-
ized to execute said Option Agreement
for and on behalf of the City of Dubuque,
Iowa.
Passed, adopted, and approved this
3rd day of July, 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 Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger;
Nays - None.
June 16, 1978
Honorable Mayor and City Council
Attached are copies of the State
Agreement for Primary Road Extension
Maintenance for the period of July 1,
1978 through June 30, 1979.
The amount to be paid by the state is
$699 more than paid for 1978.
I ask your approval of the agreement
and authority to sign it.
Gilbert D. Chavenelle
City Manager
Council Member moved that the re-
quest be approved and City Manager
authorized to sign Agreement. Second-
ed by Council Member King. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
June 22, 1978
Honorable Mayor and City Council
The State Comptroller has adjusted
the City of Dubuque's fiscal year 1979
budget certificate to reflect the valua-
313
Gilbert D. ChaveneUe
City Manager
Mayor Pro-Tern Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas - Mayor Pro-Tern W ertzberger.
Council Members Brady, Farrell. King.
Nays-None.
Abstain - Mayor Tully.
(Awarding Conlracl)
RESOLUTiON NO. 230.78
WHEREAS, sealed proposals have
been submitted by contractors for the
Hamilton Glen (RET. Inc,) Sanitary Sew-
er pursuant to Resolution No. 216-78 and
notice to bidders published in a news.
paper published in said City on June 22,
1978, and
WHEREAS. said sealed proposals
were opened and read on June 27.1978,
and it has been determined that the bid
of Tri-State Paving Company. Division
of Dubuque Stone Products of Dubuque,
Iowa in the amount of $79,597.80 was the
lowest bid for the furnishing of all labor
and materials and performing the work
as provided for in the plans and spec-
ifications; now therefore,
BE IT RESOLVED by tbe City Coun.
cil of the City of Dubuque that the con-
tract for the above mentioned improve-
ment be awarded to Tri-State Paving
Company, Division of Dubuque Stone
Products and the Manager be and he is
hereby directed to execute a contractQl!-
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 Ci-
ty Treasurer is authorized and instruct-
ed to return the bid deposits of the un-
successful bidders.
Passed, adopted, and approved this
3rd day 01 July, 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 Farrell. Carried by the
following vote'
State Paving Company, Division of Du-
buque Stone Products of Dubuque.
Their bid was 17.30oM over the En-
gineer's estimate.
I would recommend that the contract
be awarded to Tri-State Paving Com~
pany.
Regular Session,J uly 3, 1978
To the Honorable
and City Council
Pursuant to your instructions sealed
bids were received on June 27, 1978 for
the Hamilton Glen (RET, Inc.) Sanitary
Sewer.
The lowest
Mayor
bid was entered by Tri
ATTEST:
Leo F. Frommelt
City Clerk
Mayor Pro- Tem Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
follwoing vote:
Yeas _ Mayor Pro-Tern W ertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain - Mayor Tully.
Proof of publication, certified to by
the publisher, of Notice to Contractors
for construction of Hamilton Glen (RET,
Inc.) Sanitary Sewer, presented and
read. Mayor Pro-Tern Wertzberger
moved that the proof of publication be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas _ Mayor Pro-Tern W ertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstaip-Mayor Tully.
June 27,1978
(ORDERiNG CONSTRUCTION)
RESOLUTION NO. 229.78
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU.
QUE that pursuant to a Resolution of
Necessity No. 215-78 which was duly
passed by this Council for the Hamilton
Glen (RET, Inc.) Sanitary Sewer.
be and the same are hereby ordered and
constructed by this Council upon its own
motion and with or without the petition
of property owners. All the work shall be
constru~~d i~ flCCor_d~t1ce_'Yith the plan~.
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 the said improve-
ment be paid from the Local Public
Works Fund, Sewage Rental Fund, and
private contributions.
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 01 July, 1978.
Richard Wertzberger
Mayor Pro- Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Regular Session,J uly3, 1978
ATTEST:
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- Tem W ertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain-Mayor Tully.
to plans, specifications, form of Con-
tract and cost of improvements
RESOLUTION NO. 228.78
WHEREAS, proposed plans and spec-
ifications and form of contract for the
construction of the Hamilton Glen (RET,
IDe.) Sanitary Sewer have been ap-
proved by the City Council of the City of
Dubuque and public notice given as pro-
vided by Chapter 384 of the Code of
Iowa, 1978, 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 improvement, said time
being the 3rd day of July, 1978; and
WHEREAS, the City Council met in
regular session this 3rd day of July,
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 hy tbe 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 des-
cribed and proposed to be made, be and
the same hereby overruled and such
plans, specifications and form of con-
tract heretofore 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 01 Juiy, 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
312
Yeas - Council Members Brady, Far-
rell, King, W ertzberger.
Nays-None.
Abstain-Mayor Tully.
(Necessity for Improvement)
RESOLUTION NO. 215.78
WHEREAS, proposed plans, specif-
ications, and form of contract have been
duly prepared and approved by the City
Council of the City of Dubuque, Iowa,
and are now on file in the office of the Ci~
ty Clerk showing among other things
the following:
(1) The plan of such improvement
(2) An estimate of the cost of the im-
provement
for the construction of the Hamilton
Glen (RET, Inc.) Sanitary 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 con-
sideration of this proposed resolution
have on file with the City Clerk, objec-
tions to the amount of the cost of the im-
provement, they shall be deemed to
have waived all objections thereto.
Said 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 out of the Local
Public Works Fund, Sewage Rental
Fund and private contributions.
The above resolution was introduced,
approved and ordered placed on file with
the. City Clerk this 19th day of June,
1978.
Approved and placed on file for final
action.
RECORD OF FiNAL ADOPTION
The foregoing resolution was finally
passed and adopted, as proposed, by the
City Council this 3rd day of July, 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
final adoption of the Resolution. Second-
ed by Council Member Farrell. Carried
by the following vote:
Yeas-Mayor Pro-Tern Wertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain-Mayor Tully.
Decisions of Council upon objections
""',,\>;
315
$19,694.26 shall be paid from the Road
Use Tax Fund of the City of Dubuque.
Passed, adopted, and approved this
3rd day of July, 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 Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
(A Resolution Accepting Improvement)
RESOLUTION NO. 234-78
WHEREAS, the contract for the In-
terconnection of 14th Street and the In-
tersection of 16th and Elm to the CBD
System has been completed and the City
Manager has examined the work and fil-
ed his certificate stating that the same
has been completed according to the
terms of the contract, plans and
specifications and recommends its ac-
ceptance, now therefore,
BE IT RESOLVED, by tbe City Coun-
cil of the City of Dubuque, that the
recommendation of the City Manager be
approved and that said improvement be
and the same is hereby accepted.
BE IT FURTHER RESOLVED, tbat
the City Treasurer be and he is hereby
directed to pay to the contractor from
the funds to be realized from the Road
Use Tax Fund issued upon the above
described improvement in amount equal
to the amount of his contract, less any re-
tained percentage provided for therein.
Passed, adopted, and approved this
3rd day of July, 1978.
Thomas A. Tully Jr.
~ayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
RegularSession,J uly 3, 1978
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.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
publish notice of intent to dispose of in-
terest in real estate as is by law re-
quired.
Passed, adopted, and approved this
3rd day of July, 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, Wert'zberger.
Nays-None.
June 23, 1978
To the Honorable Mayor
and City Council
The construction of the Interconnec-
tion of 14th Street and the Intersection
of 16th and Elm to the C.B.D. System has
been substantially completed in accor-
dance with plans and specifications by
Patrick T. O'Dowd Construction Com-
pany of Dubuque, Iowa.
Gilbert D. Chavenelle
City Manager
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.
FINAL ESTIMATE
RESOLUTION NO. 233.78
WHEREAS, the contract for the In-
terconnection of 14th Street and the In-
tersection of 16th and Elm to the C.RD.
System has been completed and the City
engineer has 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 tbe City Coun-
cil of the City of Dubuque,
That the cost of said improvement is
hereby determined to be $19,694.26
That none of the cost thereof shall be
assessable upon private property and
6.
RegularSession,J ul,)' 3,1978
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution and set
August 17, 1978 as date of Public Hear-
ing. 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. 232.78
WHEREAS, the City of Dubuque,
Iowa is the owner of the following de-
scribed real estate, to-wit:
Lot' 17 of Mettel's Subdivision in the
City of Dubuque, Iowa;
and
WHEREAS, the City Council of the
City of Dubuque, Iowa deems it in the
best interests of the City that said real
estate should be sold and that same shall
be sold for cash to the highest bidder by
way of sealed bids:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
Section 1. That the sale of the here-
inabove described real estate owned by
the City of Dubuque, Iowa be and the
same is hereby approved upon the fol-
lowing terms and conditions:
1. That the said sale shall be by
sealed bids and said bids shall be
received by the City Clerk until
4:00 o'clock P.M. July 17, 1978 at
the City Hall in the City of Du-
buque, Iowa;
2. That. said sale shall be to the
highest bidder for cash, but in no
event shall the sale price be less
than $5,500.00 and bids shall not
be conditioned upon the title be-
ing merchantable;
3. Bidders must furnish certified
check for 10% of the purchase
price on a State or National bank
payable to the City Treasurer of
Dubuque, Iowa as a guarantee of
good faith and said amount shall
be forfeited to the City by the suc-
cessful bidder if he fails to pay for
said real estate when Quit Claim
Deed is tendered by the City;
4. Conveyance shall be by Quit
Claim Deed and no abstract of ti-
tle will be furnished.
5. The City reserves the right to re-
ject any and all bids.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
314
Yeas - Mayor Pro-Tern W ertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain - Mayor Tully.
RESOLUTION NO. 231.78
WHEREAS, the City of Dubuque,
Iowa is the owner of the following
described real estate, to-wit:
The West 53 feet of Lot 1 of Lot 809 in
McDaniel's Subdivision in the City of
Dubuque, Iowa;
and
WHEREAS, the City Council of the
City of Dubuque, Iowa deems it in the
best interests of the City that said real
estate should be sold and the same shall
be sold for cash to the highest bidder by
way of sealed bids;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A:
Section 1. That the sale of the here-
inabove described real estate owned by
the City of Dubuque, Iowa be and the
same is hereby approved upon the
following terms and conditions:
1. That the said sale shall be by seal-
ed bids and said bids shall be re-
ceived by the City Clerk until 4:00
o'clock P.M., July 17, 1978 at the
City Hall in the City of Dubuque,
Iowa.
2. That said sale shall be to the
highest bidder for cash, but in no
event shall the sale price be less
than $2,000.00 and bids shall not
be conditioned upon the title be-
ing merchantable.
3. Bidders must furnish certified
check for 10% of the purchase
price on a State or National bank
payable to the City Treasurer of
Dubuque, Iowa as a guarantee of
good faith and said amount shall
be forfeited to the City by the suc-
cessful bidder if he fails to pay for
said real estate when Quit Claim
Deed is tendered by the City.
4. Conveyance shall be by Quit
Claim Deed and no abstract of ti-
tle will be furnished.
5. The City reserves the right to re-
ject any and all bids.
6. That the City shall reserve unto
itself all existing easements for
waterlines, sewer lines and for
utilities together with right of in-
gress or egress to repair, inspect
and maintain the same.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
publish notice of intent to dispose of in-
terest in real estate as is by law re-
quired.
Passed, adopted, and approved this
3rd day of July. 1978.
317'
ia Ann Drive with bituminous
concrete, or with concrete paving
with integral curb, all in accor-
dance with the improvement
plans approved by the City En-
gineer and in accordance with the
City of Dubuque standard
specifications;
To install sanitary sewer mains
and sewer service laterals in ac-
cordance with plans submitted
with said previously recorded
plat recorded as Instrument No.
2660-78:
To install water mains and water
service laterals in accordance
with plans submitted with said
previously recorded plat record-
ed as instrument No. 2660-78;
To install storm sewers and catch-
basins in accordance with plans
submitted with said previously
recorded plat recorded as Instru-
ment No. 2660-78;
To install concrete sidewalks as
required by Ordinances, and
where directed by the City
Engineer and the City Manager;
To construct all improvements in
compliance with any and all ap-
plicable City of Dubuque Specif-
ications and as approved by the
City Engineer;
To maintain the foregoing im-
provements for a period of four (4)
years from the date of their accep-
tance by the City of Dubuque, Io-
wa;
To provide the foregoing con-
struction and maintenance at the
sole expense of the Developer and
Subdivider, D. James Edwards,
husband, and Patricia A. Ed-
wards, his wife, as Owners;
To construct said improvements,
except sidewalks, prior to July I,
1980, and to construct the side-
walks prior to March 13, 1982;
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 D. James
Edwards, husband, and Patricia A. Ed-
wards, his wife, as Owners of said Sub-
division, secure the performance of the
foregoing conditions by providing secur-
ity in such form and with such sureties as
may be acceptable to the City Manager.
Section 3. That in the event D.James
Edwards, husband, and Patricia A. Ed-
wards, his wife, as Owners of said Sub-
division shall fail to execute the accep-
Regular Session,J uly 3,1978
b.
d.
g.
b.
e.
c.
I.
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
RESOLUTION NO. 236.78
Resolution Approving the Replat of
Block 1; and Lots 1, 2, 3, & 41n Block 2
of Patricia Ann Acres Subdivision, Du-
buque County, Iowa
WHEREAS, there has been filed with
the City Clerk a plat of the Replat of
Block 1; and Lots 1, 2, 3, & 4 in Block 2 of
Patricia Ann Acres Subdivision in the
City of Dubuque, Dubuque County,
Iowa, by: D. JAMES EDWARDS, bus-
band, and PATRICIA A. EDWARDS,
his wife, Owners, subject to easements
of record and according to the recorded
plats thereof of Lots 1, 2, and 3 in Block 1;
and Lots 1,2,3, & 4in Block 2 of Patricia
Ann Acres Subdivision: all in the City of
Dubuque, Iowa and previously recorded
as Instrument No. 2660-78 in the Office
of the Dubuque County Recorder, Dubu-
que, Iowa; and
WHEREAS, upon said plat appear
streets to he known as Patricia Ann
Drive, together with certain public utili-
ty easements which the Owners,by said
previously recorded plat recorded as In-
strument No. 2660-78 have dedicated to
the City of Dubuque for the public use;
and
WHEREAS, said plat has been exam-
ined by the City Planning & Zoning Com-
mission and had its approval endorsed
thereon: and
WHEREAS, said plat has been exam-
ined 1?y the City Council and they find
that the same conforms to statutes and
ordinances relating thereto, except that
street grades have nqt been established,
the streets brought to grade, or paving,
sewer or water installed:
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the dedications of
Patricia Ann Drive, together with ease-
ments for public utilities as appear on
said previously recorded plat recorded
as Instrument No. 2660-78 be and the
same are hereby accepted;
Section 2. That the replat of Block I:
and Lots I, 2, 3, & 4 of Block 2 in Patricia
Ann Acres Subdivision in the City ofDu-
buque, 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 Du-
buque, Iowa, upon said plat, provided
the owners of said property herein
named, execute their written accep-
tance hereto attached agreeing:
a. To reduce all streets to grade and
to construct concrete- curb and
gutter and to hard surface Patric-
~
-", ~-,....,~
Regnlar Session,J uly 3, 1978
the Five Flags Theater,
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the City Manager be
and he is hereby authorized and directed
to execute on behalf of the City of Dubu-
que a second amendment to the Rental
Agreement executed under date of May
18, 1977, between the City of Dubuque
and The Old Creamery Theater Com-
pany of Garrison, Iowa, for the use of the
Five Flags Theater.
Passed, adopted, and approved this
Srd day 01 July, 1978.
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
The Planning and Zoning Commission
has voted to approve the final plat and
recommends your favorable considera-
tion.
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:
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-Council Members
rell, King, Wertzberger.
Nays-Mayor Tully.
Brady, Far-
Honborable Mayor
and Council Members
RE: FINAL PLAT: PATRICIA ANN
ACRES SUBDIVISION
The City of Dubuque Planning and
Zoning Commission has reviewed a final
plat of property in Patricia Ann Acres
Subdivisicm in the CJ~ of Dub!Ju_~~ Iowa.
The plat corrects an earlier plat of Lots 1
through 4 in Block 2, and replats Lots 1, 2
and 3 of Block 1 into five single-family
lots rather than three multiple-family
lots shown on the earlier plat.
The Planning and Zoning Commission
has determined that the plat is in com-
pliance with Subdivision Regulations
and has found the re-platting of Lots 1
thru 5ofBlock 1 into single-family lots to
be a compatible adjustment to existing
single-family development on Kelly
Lane.
June 23, 1978
June 28, 1978
Honorble Mayor and
Members of the City Council
Mr. Steve Peters, Civic Center Man-
ager, reports that the first year of the
two-year residency agreement between
the Five Flags Center and the Old
Creamery Theatre Company has proven
a disappoinment to both parties.
In February, Mr. Peters reported that
Old Cremaery has not had the expected
attendance for their performances to
that date. Consequently, City Council at
that time authorized several changes to
the agreement, including reducing the
number of performances by one-half and
increasing the rent and box office fees to
the City.
Mr. Peters now suggests that that
portion of the agreement covering the
second year be amended as follows:
1) Reduce the number of perfor~
mances from 40 to 24 - 12 fall
performances and 12 spring per-
formances.
2) Box office receipts to be divided
evenly, after deducting promo-
tional and printing expenses.
3) The Center to coordinate local
promotional activities.
It also appears that in the event that
Old Creamery does not break even with
their fall programs, the spring program
may need to be canceled in its entirety.
Mr. Peters will be present to respond
to any questions concerning this amend-
ment.
Gilbert D. Chavenelle
City Manager
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, W ertzberger.
Nays-None.
RESOLUTION NO. 235.78
Authorizing Second Amendment to
the Rental Agreement Between the CI.
ty of Dubuque and the Old Creamery
Theater Company of Garrison, Iowa
WHEREAS, pursuant to Resolution
No. 165-77 the City of Dubuque under
date of May 18, 1977 entered into a ren-
tal agreement with The Old Creamery
Theater Company of Garrison, Iowa, to
provide certain theatrical performances
in the Five Flags Theater; and
WHEREAS, pursuant to Resolution
No. 40-78 the City of Dubuque under
date of February 7, 1978 amended the
said rental agreement to adjust the per-
formance dates and fees; and
WHEREAS, it is in the best interest
of both parties to further amend the
agreement to permit better utilization of
316
319
June 23, 1978
Honorable Mayor and Council Members
RE: FINAL PLAT: WESTCHESTER
SUBDIVISION
The City of Dubuque Planning and
Zoning Commission has reviewed a final
plat subdividing Lot 2 of Block 4 of
"Westchester Subdivision" into Lots 1, 2
and 3 of that subdivision. The property is
located on the west side of John F. Ken-
nedy Road, south of the Woodland Arms
Apartments in the City of Dubuque, Io-
wa.
In reviewing the final plat the Plan-
ning and Zoning Commission has found
it to he in conformance with the Subdivi-
sion Regulation and Zoning Ordinance of
the city of Dubuque, Iowa.
The Planning and Zoning Commission
has voted to approve the final plat sub-
dividing Lot 2 of Block 4 of"W estchester
Subdivision" and recommend your fav-
orable consideration.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 237-78
A Resolution Approving the Plat of Lot
1 of Lot 2, Lot 2 of Lot 2, and Lot 3 of
Lot 2 All of Block 4 in "Westchester
Subdivision" In the City of Dubuque,
Iowa.
WHEREAS, there has been filed with
the City Clerk a plat ofthe subdivision of
Lot 2 of Block 4in "Westchester Subdivi-
sion"to be known as Lots 1, 2 and 3ofLot
2 of Block 4 in "Westchester Subdivision
in the City of Dubuque, Iowa; 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
that the same conforms to statutes and
ordinances relating thereto. -
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat of the sub-
division of Lots 1, 2 and 3 of Lot 2 of
Block 4 of "Westchester Subdivision" in
the City of Dubuque, Iowa, be and the
same is hereby approved and the Mayor
and City Clerk are hereby authorized
and directed to endorse the approval of
Regular Session,J uly 3, 1978
June 26,1978'
Honorable Mayor and Council Members
RE: REZONING REQUEST: 3061 AS-
BURY ROAD
The City of Dubuque Planning and
Zoning Commission has reviewed a peti-
tion submitted by the Powers' Land
Company requesting reclassification of
property at 3061 Asbury Road from R-2
Residential District to OR-1 "a" Office-
Residential District classification. The
property is located at the southwest cor-
ner of the intersection of Judson Drive
and Asbury Road in the City of Dubu-
que, Iowa. The Powers' request was ac-
companied by a petition bearing 41 sig-
natures supporting the rezoning,
however, seven of those persons asked
that their names be removed from that
petition and three of them are listed on a
counter petition bearing 20 names of
persons who object to the Powers' re-
quest.
In their review of the request, the Ci-
ty Planning and Zoning Commission has
determined that this petition is substan-
tially the same as the one submitted by
the Seventh Step Foundation in 1975,
which was denied by the Commission
and City Council. At that time the Com-
mission had considered the implications
of the OR-l District and of the range and
intensity of uses that would be made
lawful in the reclassification, and which
might later apply to other vacant prop"
erty in the vicinity, as well as the long
history of zoning deliberations in the
area and the precedents that had been
established in earlier cases.
The Planning and Zoning Commission
has voted to deny the petition for OR-l
"a" Office-Residential District classifica-
tion at 3061 Asbury Road and recom-
mends your concurrence in that deci-
sion.
in the manner required by law. Seconded
by Council Memher Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of
Community Development
Council Member Wertzberger moved
that the cqmmunication be received and
filed and decision of Planning & Zoning
Commission for denial be accepted.
Seconded by Council Member Brady.
Carried by. the following vote:
Yeas - Council Members Brady
King, Wertzberger.
Nays - Mayor Tully.
Abstain-Council Member Farrel
j~
~.,
~".W.~_X",.
1.1.
........... -....,...-.-.""'''''''''''''''.~
The Planning and Zoning Commission
has determined that the proposed R-2
Residential classification would coincide
with the re-platting of the property to
single family residential lots, and would
be compatible with existing single-
family residential development on Kelly
Lane. The Commission has also found
that the proposal meets the criteria of a
minor reclassification as set forth in Sec-
tion 8-103.3 of the Zoning Ordinance.
Accordingly the City Planning and
Zoning CQmmission has voted to ap-
prove the reclassification of Lots 1
through 5 of Block 1 of Patricia Ann
Acres Subdivision and recommends that
you schedule a public hearing on the re-
quest.
CITY PLANNING AND
ZONING COMMISSION
Dan 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.
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 "Lots 1, 2, 3, 4 and
5 of Block 1 in Patricia Ann Acres Sub-
division in the City of Dubuque, Iowa"
from R-4 Residential District Classifica-
tion to R-2 Residential District Classif-
ication (Edwards), presented and read.
Council Member Wertzberger moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Council Member Wertzberger moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Fartell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Council Member Wertzberger moved
that a public hearing be held on the Or-
dinance on August 7,1978 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the hearing
RegularSession;J uIy 3, 1978
tance and furnish the security provided
for in Section 2 hereof, within 45 days
after the date of this Resolution, the pro-
visions hereof shall be null and void and
the acceptance of the dedication and ap-
proval of the plat shall not be effective.
Passed, adopted, and approved by re-
corded roll call vote this 3rd day of July,
A.D., 1978.
ATTEST:
Leo F. Frommelt
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 236.78
We, the undersigned D. James Ed*
wards/Owner and Patricia A. Edwards,
his wife having read the terms and condi-
tions of the foregoing Resolution No.
236-78 and being familiar with the condi-
tions thereof, hereby accept the same
and agree to perform the conditons re-
quired therein.
Dated at Dubuque, Iowa, this 7th day
of July, 1978.
By: D. James Edwards, Owner
Patricia A. Ewards, his Wife
TO:
LEO F. FROMMELT
CITY CLERK
This is to certify that the security pro.
vided by the foregoing Resolution No
236"78 has been furnished by the Own
ers.
Dated at Dubuque, Iowa, this 7th day
of July, A.D" 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, Wertzberger.
Nays-None.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
318
June 26,1978
Honorable Mayor and Council Members
REZONING PROPOSAL: PATRICIA
ANN ACRES SUBDIVISION
In their review of the re-platting of
Patricia Ann Actes Subdivision, the Ci-
ty of Dubuque Planning and Zoning
Commission has considered a proposal
to reclassify Lots 1 through 5 of Block 1
in that subdivision from R-4 Residential
District classification to R-2 Residential
District classification. The property is
located south of Kelly Lane, west of Ed-
wards Road with frontage on Patricia
Ann Drive in the City of Dubuque, Iowa.
321
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
Section 1. That 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
3rd day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
, Yeas - Mayor Tully. Council Mem~
bers Brady, Farrell, King, Wertzberger.
Nays - None.
RESOLUTION NO. 239.78
WHEREAS, JOHN C. HENDRY
AND MARGARET A. HENDRY, hus.
band and wife, have requested a perma-
nent non-exclusive easement over and
across Lot 22 of "Glenview", a subdivi-
sion in the City of Dubuque, Iowa, for in-
gress and egress into a single family
dwelling which they intend to construct
on property known as Lot 2 of the Sub-
division of Lot 1 of Lot 1 of Lot 1 of Lot 1
of Re-Subdivision of Part of Shipton's
Addition, Dubuque County, Iowa; and
WHEREAS, the City of Dubuque is
the owner of Lot 22 of "Glenview", a sub-
division in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE:
Section 1. That therequest of John C.
and Margaret A. Hendry for a perpetual
non-exclusive easement over and across
Lot 22 of "Glenview", a subdivision in
the City of Dubuque, Iowa, be granted:
Section 2. That- the intention of the
City of Dubuque, Iowa, to grant the
aforesaid non-exclusive easement over
and across Lot 22 be published in a news-
paper of general circulation in the City of
Dubuque, Iowa, and that there be a
public hearing on the intent to grant
such easement on the 17th day of July,
1978, commencin~ at 7:30o'clock P.M.
Section 3. That the City Clerk be and
he is hereby directed to file in office of
the Dubuque County Recorder a cer-
tified copy of this Resolution.
RegularSession,J uly 3,1978
June 27,1978
Mayor and Council Members
L PLAT: SHIPTON'S ADDI-
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. 238.78
Resolution Approving Plat of the Sub.
division of Lot 1 of Lot 1 of Lot 1 of Lot
1 of Re.Subdivision of Part of Ship.
ton's Addition, Dubuque County, 10'
wa, now in the City of Dubuque,-lowa
WHEREAS, there has been filed with
the City Clerk a plat in which Lot 1 of Lot
1 of Lot 1 of Lot 1 of Re-Subdivision of
Part of Shipton's Addition, Dubuque
County, Iowa, is platted as:
Lot 1 of Subdivision of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of Re-Subdivision of
Part of Shipton's Addition, Dubuque
County, Iowa, now in the City of Du-
buque, Iowa, and Lot 2 of Subdivision
of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Re-
Subdivision of Part of Shipton's Addi-
tion, Dubuque County, Iowa, now in
the City of Dubuque, Iowa
and,
WHEREAS said plat has been exam-
ined by the City Plan 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 RE-
--~-__'~~i",,_..""^';''-K:~
Regular Session,J uly 3, 1978
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 in Lot 1
and Lot 3 of Lot 1 of Block 4 in "West-
chester Subdivision" in the City of Du-
buque, Iowa, from OR-l Office-Residen-
tial District Classification to R-4 Resi-
dential District Classification,
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, Wertzberger.
Nays~None.
Council Member Farrell moved that
the rule requiring an Ordinance to be
received and filed at two meetings prior
to the meeting when final action is taken,
be dispensed with. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Council Member Farrell moved that a
public hearing be held on the Ordinance
on August 7,1978 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-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Communication of Planning & Zoning
submitting final plat of Jody's Place of
Block 1 of Plaza 20 AND A RESOLU-
TION Approving the plat of "Jody's
Place;" in Block 1 in Plaza 20 in the City,
presented and read. Council Member
King moved to table the communication
and resolution to the next Council Meet-
ing in order to rewrite the Resolution.
Seconded by Council Member Wertz-
berger. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays~None.
said
Juue 26. 1978
Honorable Mayor and Council Members
RE: ZONING BOUNDARY ADJUST-
MENT: WESTCHESTER SUBDIVI-
SION
The City of Dubuque Planning and
Zoning Commission has reviewed a pro-
posal to re-adjust the zoning boundaries
to coincide with the recent replatting of
Lot 2 of Block 4 of "Westchester Subdivi-
sion" in the City of Dubuque, Iowa. The
property is located on the west side of
John F. Kennedy Road, north of Foothill
Drive, and south of the Woodland Arms
Apartments.
The final plat, recently submitted, di-
vided Lot 2 of Block 4 of "Westchester
Subdivision" into Lots 1, 2, and 3,and the
proposal to adjust the zoning boundaries
is as follows: 1) that the southeasterly
portion of Lot 1. currently zoned OR-l
Office-Residential District, would be in-
cluded in the R-4 Residential classifi-
cation now existing on the rest of Lot 1;
2) that Lot 2 would remain in the OR-1
Office Residential classification; and 3)
that the R.4 Residential District classif-
ication would be applied to the easterly
portion of Lot 3 now lying in an OR-1 Of-
fice Residential classification. The Com-
mission has found that the above des-
cribed zoning changes meets the criteria
of a minor reclassification as set forth in
Section 8-103.3 of the Zoning Ordinance.
Accordingly, the City Planning and
Zoning Commission has voted to ap-
prove the proposal to adjust the zoning
boundaries to coincide with the lot lines
of Lots 1, 2 and 3 of Lot 2 of Block 4 in
"Westchester Subdivision" and recom-
mends that you schedule a public hear-
ing on the matter.
CITY PLANNING AND
ZONING COMMISSION
Daniel Dittemore
Director of
Community Develoment
320
the City of Dubuque,
plat.
Passed, adopted, and approved this
3rd day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
ATTEST: f 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 Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Iowa upon
323
eeeding $3,180,000 to pay the cost of
reconstructing the existing Carnegie
Stout Public Library Building and con-
structing and equipping an addition
thereto and acquiring real estate there-
for; and
WHEREAS it is deemed necessary
and advisable that the City of Dubuque.
in Dubuque County. Iowa. reconstruct
the existing Carnegie Stout Public
Library Building and construct and
equip an addition thereto and acquire
real estate therefor, for which purpose it
will be necessary to borrow money and
issue bonds of said City; and
WHEREAS the reconstruction of the
existing Carnegie Stout Public Library
Building and the construction and equip-
ping of an addition thereto and the ac-
quisition of real estate therefor con-
stitutes a "general corporate purpose"
within the meaning of Section 384.24 of
the Code of Iowa, 1977, as amended; and
WHEREAS the estimated cost of re-
constructing the existing Carnegie
Stout Public Library Building and con-
structing and equipping an addition
thereto ana acquiring real estate there-
for is $3,180,000 and before this project
can be carried out and before bonds of
said City may be issued to cover the ex-
pense thereof, the question must be pre-
sented to the voters of said City for their
approval as required by Section 384.26
of the Code of Iowa, 1977, as amended:
and
WHEREAS under the provisions of
Section 47.2 of the Code of Iowa, 1977, as
amended, the County Commissioner of
Elections is charged with the respon-
sibility of conducting all elections and he
has approved the submission of this
bond proposition at a special City elec-
tion to be held on Tuesday, September
12,1978, and has determined that voting
machines shall be used at said election;
NOW, THEREFORE, Be It Resolved
by the City Council of the City of Dubu-
que, Iowa, as follows:
Section 1. That a special municipal
election is hereby called and ordered to
be held in and for the City of Dubuque,
Iowa, on Tuesday, the 12th day of Sep-
tember, 1978, at which there shall be
submitted to the voters of said City the
following proposition, to-wit:
Shall the City of Dubuque, Iowa, issue
its bonds in an amount not exceeding
the amount of $3,180,000 for the pur-
pose of reconstructing the existing
Carnegie Stout Public Library Build-
ing and constructing and equipping
an addition thereto and acquiring real
estate therfor in said City?
Section 2. That for said election on
said proposition the City shall be divided
RegularSession,J uly 3, 1978
cil Member W ertzberger. 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 repealing the definition for
"Department Store" in Article XI and
adopting a new definition for "Depart-
ment Store" in Article XI, 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
W ertzberger. Carried by the following
vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Council Member Farrell moved that
the rule requiring an Ordinance to be 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 August 21, 1978 at 7:300'clockP.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-
bers Brady, Farrell, King, Wertzberger.
Ntj.ys-None..
RESOLUTION NO. 240.78
Resolution Calling an Election on the
Proposition of Issuing Bonds for Pub.
IIc Library Purposes.
WHEREAS the City of Dubuque, in
Dubuque County, Iowa, has heretofore
established a free public library in said
City and the management and control of
said library is vested in a Board of
Library Trustees which was functioning
on the effective date of the City Code of
Iowa and which is organized and
operating under the provisions of Sec-
tion 392.5 of the Code of Iowa, 1977, as
amended; and
WHEREAS said Board of Library
Trustees has filed with this City Council
a written request that a special election
be called on the proposition of issuing
bonds of said City in an amount not ex*
;.),,;,....f.
'~-'"''''''>'ll~ro..
Regular Session,J uly 3, 1978
ried by the following vote:
Yeas-Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
Council Member Wertzberger moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
Council Member Wertzberger moved
that a public hearing be held on the Or-
dinance on July 17, 1978 at 7:30 o'clock
P.M. in the Council Chamber at the City
Hall and that the City Clerk be in-
structed to publish notice of the hearing
in the manner required by law. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
AN ORDINANCE of the City of Dn-
buque, Iowa, providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appendix A there-
of, also known as the "Zoning Ordinance
and Zoning Map of the City of Dubuque,
Iowa" by repealing Section 4-117.6 of Ar-
ticle IV and adopting a new Section
4-117.6 of Article IV, prescribing special
provisions governing the expansion of
existing C-6 Commercial Districts and
Uses contained therein, presented and
read. Council Member Farrell moved
that the reading just had be considered
the first reading of the Ordinance.
Seconded by Council Member Wertz-
berger. 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, Wertzberger.
Nays-None.
Council Member Farrell moved that a
public hearing be held on the Ordinance
on August 21,1978 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-
Passed, adopted, and approved this
3rd day of July, 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.
June 23, 1978
Honorable Mayor and Council Members
RE: FINAL PLATS: DUBUQUE
DOWNTOWN PLAZA
The City of Dubuque Planning and
Zoning Commission has reviewed three
final plats of "Dubuque Downtown
Plaza", submitted by the City of Dubu-
que, Iowa, which vacates certain streets
and alleys and replats the property into
definable parcels in the downtown urban
renewal area. The property lies within
an area bounded by Iowa on the north,
West 5th Street on the south, and the
alley between Locust and Main Streets
on the westin the City of Dubuque, Iowa.
The Planning and Zoning Commission
has found the plats to be in compliance
with the Subdivision Regulations and
the Zoning Ordinance of the City of
Dubuque, Iowa.
The Planning and Zoning Commission
has voted to approve the three final plats
of the "Dubuque Downtown Plaza" as
submitted and recommend your concur-
rence in that decision.
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-Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain-Mayor Tully.
AN ORDINANCE vacating parts of
West Sixth Street, Iowa Street and a
public alley in the Downtown Urban Re-
newal Project Area, presented and read.
Council Member Wertzberger moved
that the reading just had be considered
the first reading of the Ordinance. Se-
conded by Council Member Farrell. Car-
322
ger.
Nays-None.
Library Board Members, Norm Mc-
Mullen, William Fullmer, Andy
Kisting and Joseph . Schmitt spoke to
the Resolution requesting date of Sep-
tember 19,1978 be set as election date.
Attest:
Leo F. Frommelt
City Clerk
Recorded July 3, 1978.
Leo F. Frommelt
City Clerk
Council Member Wertzberger
moved to suspend the rules to let
anyone present address the 'Council if
they so desire. Seconded by Council
Member King. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzber-
325
Carnegie Stout Public Library Build-
ing and constructing and equipping an
addition thereto and acquiring real
estate therefor in said City?
(Back of Ballot)
Official Absent Voters Ballot for Bond
Proposition
Special Election,Dubuque, Iowa
,1978
(Facsimile Signature)
County Commissioner of Elections
Absentee Ballot and Special Voters
Precinct
County Courthouse, Dubuque, Iowa
Section 6. That for said election the
precinct election officials in the respec-
tive election precincts shall be ap-
pointed by the County Commissioner
of Elections as required by Sections
49.12 and 49.13 of the Code of Iowa,
1977, as amended.
Section 6. That upon the closing of
the polls for said election the precinct
officials therefor shall file reports of
the results of the vote on said proposi-
tion with the County Commissioner of
Elections in order that such results
may be referred to the County Board
of Supervisors at its meeting to be held
on the next Monday after said election
at the County Courthouse, Dubuque,
Iowa, at 9:00 o'clock A.M. for the pur-
pose of canvassing and declaring the
results of said election, as required and
provided for by Section 50.24 of the Ci-
ty of Iowa, 1977, as amended.
Section 7. That all resolutions or
parts thereof in conflict herewith be
and the same are hereby repealed.
Section 8. That this resolution be in
force and effect immediately upon its
passage and approval.
Passed and approved July 3, 1978.
Thomas A. Tully Jr.
Mayor
Regular Session,J uly 3, 1978
County Commissioner of Elections
Section 4. That voting machines shall
be used for said election and the County
Commissioner of Elections is authorized
and directed to cause ballots for voting on
said proposition to be prepared in such
size as will permit the same to be inserted
in the proper place in each voting machine
in substantially the following form:
(Form of Ballot)
(Notice to Voters: For an affirmative
vote on any question submitted upon this
ballot, pull down the lever above the
word "Yes". For a negative vote pull
down the lever above the word "No.")
SHALL THE FOLLOWING PUBLIC
MEASURE BE ADOPTED? YES NO
Shall the City of Dubuque, Iowa, issue
its bonds in an amount not exceeding
the amount of $3,180,000 for the pur-
pose of reconstructing the existing
Carnegie Stout Public Library Build-
ing and constructing and equipping an
addition thereto and acquiring real
estate therefor in said City?
The County Commissioner of Elections
is authorized and directed to have the
ballots for absent voters prepared on
yellow colored paper in substantially the
following form, with his facsimile signa-
ture in the space provided therefor on the
back of the ballot:
(Face of Ballot)
(Notice to Voters: For an affirmative
vote on any question submitted upon this
ballot make a cross (x) mark or check ("...)
in the square after the word "Yes". For a
negative vote make a similar mark in the
square following the word "No".)
SHALL THE FOLLLOWING PUB-
LIC MEASURE BE ADOPTED? YES
NO
Shall the City of Dubuque, Iowa, issue
its bonds in an amount not exceeding
the amount of $3,180,000 for the pur-
pose of reconstructing the existinll
23rd 23 Wahlert High School,2005Kane Street
24th 24 No.5 Engine House, 690 So, Grandview
25th 25 St. Elias the Prophet Greek Orthodox
Chureh,1075RockdaleRoad
The polling place for the Absentee
Ballot and Special Voters Precinct will be
at the Dubuque County Courthouse in the
City of Dubuque, Iowa.
All qualified voters of said City are
hereby notified to appear at said election,
each to vote at the polling place for the
election precinct in which such voter re-
sides, or as permitted by statute.
This notice is given by order of the City
Council of the City of Dubuque, Iowa, and
the County Commissioner of Elections,
pursuant to Chapters 47, 49, 376 and 384
of the Code of Iowa, 1977, as amended.
DATED at Dubuque, Iowa, this
day of . 1978.
Cd Polling Places
1 Marshall School. 1450 Rhomberg Ave.
2 Dubuque County Courthouse, 720 Central
Ave,
3 Sacred Heart School, 2211 Queen Street
4 Christensen's Greenhouse, 2635WindsOl
Ave,
5 Holy Ghost School, 2901 Central Ave.
6 Fulton School, 2540 Central Ave.
7 AudubonSchool,535Lincoln
8 Fire Station, West 18th & Central Ave.
9 Amalgamated Meat Cutters Union Bldg,
1111 Bluff
10 Mercy Hospital Nurses Home. 252 Peabody
11 Bryant School, 1280 Rush
12 YMCA, Dodge & Booth Streets
13 Washington Jr. High School, 51 No, Grand.
view
14 Fire Station No, 4, University & Atlantic
15 Lincoln School, 1101 West 5th Street
16 Loras College Science Hall. 1750 Alta Vista
17 Dubuque Senior High School, 1800 Clarke Dr.
18 Irving School,2520 Pennsylvania Ave.
19 Kennedy School, 2135 Woodland Drive
20 Hempstead High School. 3715 Pennsylvania
Ave,
21 Eisenhower School, 3170 Spring Valley Road
22 Wahlert Hig-h School, 2005 Kane Street
called and ordered to be held in the City
of Dubuque, Iowa, on Tuesday, the 12th
day of September, 1978, at which there
will be submitted to the qualified voters
of said City, to be by them voted upon,
the proposition of issuing bonds of said
City in an amount not exceeding
$3,180,000 for the purpose of reconstruc_
ting the existing Carnegie Stout Public
Library Building and constructing and
equipping an addition thereto and ac-
quiringreal estate therefor in said City.
At said election voting machines will
be used for the submission of the afore-
said proposition and ballots prepared
therefor will have the proposition
printed thereon in substantially the
following form:
(Form of Ballot)
(Note to Voters: For an affirmative
vote on any question submitted upon
this ballot, pull down the lever above the
word "Yes". For a negative vote pull
down the lever above the word "No.".J
SHALL THE FOLLOWING PUBLIC
MEASURE BE ADOPTED? YES NO
Shall the City of Dubuque, Iowa, issue
its bonds in an amount not exceeding
the amount of $3,180,000 for the pur-
pose of reconstructing the existing
Carnegie Stout Public Library Build-
ing and constructing and equipping
an addition thereto and acquiring real
estate therefor in said City?
The polls for said election will be open
from seven o'clock A.M. until eight
o'clock P.M. of said day.
For said election the City will be divid-
ed into twenty-five election precincts,
the boundaries of which shall be as de-
limited by Ordinance No. 28-72 as
amen4ed of said City, and said precincts
and the respective polling places there-
fore will be as follows:
Regular Session,J ul,)' 3,1978
21st
22nd
10th
11th
12th
13th
14th
15th
16th
17th
18th
19th
20th
Pret
'"
2.,
5th
6th
7th
8th
9th
3.,
4th
into twenty-five precincts, the boun-
daries of which shall be as delimited by
Ordinance No. 28-72 as amended of said
City. The polls shall be kept open from
seven o'clock A.M. until eight o'clock
P.M. and the polling places within the
respective election precincts shall be as
follows:
Prct Cd Polling Places
ht 1 Marshall School,1450 Rhomberg Ave,
2nd 2 Dubuque County Courthouse, 720 Central
Ave,
3rd 3 Sacred HeartSchool,2211 Queen Street
4th 4 Christensen's Greenhouse. 2635 Windsor Ave.
5th 5 Holy Ghost School,290I. Central Ave.
6th 6 Fulton Sehool.2540 Central Ave.
7th 7 Audubon School, 535 Lincoln
8th 8 Fire Station, West 18th & Central Ave,
9th 9 Amalgamated Meat Cutters Union Bldg.,
1111 Bluff
10th 10 Mercy HospitalNursesHome,252Peabody
11th 11 BryantSchool,1280Rush
12th 12 YMCA, Dodge & Booth Streets
13th 13 Washington Jr. High Schooi. 51 N.Grandview
14th 14 Fire Station No.4, University & Atlantic
15th 15 Lincoln School, 1101 West 5th Street
16th 1&1 Loras College Scienco Hall, 1750 Alta Vista
17th 17 Dubuque Senior High School, 1800 Clarke Dr.
18th 18 Irving School, 2520 Pennsylvania Ave,
19th 19 Kennedy Sehool,2135 Woodland Drive
20th 20 HempsteadHighSchool,3715Pennsylvania
Ave,
21st 21 Eisenhower School, 3170 Spring Valley Rd.
22nd 22 Wahlert High School,2005Kane Street
23rd 23 WahlertHighSchool,2005KaneStreet
24th 24 No, 5 Engine House, 690 S. Grandview
25th 25 St. Eliaa the Prophet Greek Orthodox
Church, 1075 Rockdale Road
The polling place for the Absentee
Ballot and Special Voters Precinct will
be at the Dubuque County Courthouse in
the City of Dubuque, Iowa.
Section 3. That as required and pro-
vided for by Sections 49.53 and 384.26 of
the Code of Iowa, 1977, as amended, the
County Commissioner of Elections is
hereby authorized, empowered and in-
structed to issue a proclamation and no-
tice of election on said proposition and of
the time and place thereof, by publica-
tion of such notice in the "Telegraph
Herald", a legal newspaper published in
said City of Dubuque, Iowa, and having a
general circulation therein. As provided
by Sections 49.53 and 384.26 of the Code
of Iowa, 1977, as amended, such notice
shall be published in said newspaper at
least once not less than four (4) nor more
than twenty (20) days prior to the day of
the election and shall show all public
measures, including the bond proposi*
tion, to be voted upon at said election,
the date of the election, the hours the
polls will be open and the precincts and
polling places for the election. Said
notice shall be in substantially the
following form:
NOTICE OF SPECIAL ELECTION ON
PUBLIC LIBRARY BOND PROPOSITION
DUBUQUE, IOWA
PUBLIC NOTICE is hereby given
that a special city election has been
-~-_'oo!I"",""",_~""".","..j,<-;...,.<'
324
~
";i,
~-"""",~.~,"-,,,..~...'-i~~~;;;,," ~
326
327
Brady. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady. Farrell. King, W ertzberger.
Nays-None.
Communications of Environmental
Coordinating Organization submitting
testimony on the Dubuque Northwest
Arterial; Schiltz Development Corp.,
submitting a statement on North-West
Arterial indicating use of Rupp Hollow
Road and the Radford Road as an alter-
nate; Chamber of Commerce Transpor-
tation Council submitting comments on
the proposed Dubuque North*West Ar-
terial recommending Shooting Club
Road as the most effective; Wm. J.
White of 1993 Asbury Rd. urging a com-
plete study of various routes indicating
preference for the Rupp Hollow Road for
Northwest Arterial: Dubuque County
Historical Society advising that accor-
ding to their instructions the Northwest
Arterial Project must be submitted to
the advisory Council on Historic Preser-
vation and the Secretary of the Interior
for their consideration: Town of Sage-
ville unanimously endorsing the Rupp
Hollow Road for North West Arterial:
Thomas H. Tobin of 2730 Hickory Hill re-
questing consideration on how the
Northwest Arterial could be extended
to intercept Highway 61 and 52 south of
Dubuque: West Side Business and Pro-
fessional Ass'n. of Dubuque endorsing
the proposed Northwest Arterial con-
necting Highway 20 and 52 as a by pass
thoroughfare via the west and north
perimeters; John Kivlahan, a property
owner at 32nd & Kennedy Road, stating
the proposed Arterial would bisect his
property on both sides of J.F.K. Rd.:
Verne Boyes et ux being of the opinion
that all facets of alignment should be
studied for the Northwest Arterial;
James F. Link et al (139 signers) submit-
ting a list of adverse aspects of
the Union Park of Shooting Society al-
ternate routes for the proposed North-
west Arterial: Donald E. Deich Sr.
stating that the start on the U.S. #20 por-
tion should be the Crescent Ridge Align-
ment allowing for a future intersection,
also for a possible link for completion of
an outer loop from 51-16.t North to 52;
Gary L. Baskerville being of the opinion
that no access is provided to Marshall
Park from the south without walking di-
rectly across the freeway surface; Roger
Scott advising if traffic is to be relieved
for John Deere, the Arterial should ac-
cess directly to either of the John Deere
Roads, presented and read. Council
Member Wertzberger moved that all
communications be received and filed.
Seconded by Council Member Brady.
Carried by the following vote:
Regular Session, July 3, 1978
Passed, adopted, and approved this
3rd day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 244.78
WHEREAS, Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved: and
WHEREAS, The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rele-
vant thereto and they have filed proper
bonds:
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the Ci-
ty of Dubuque, Iowa, that the Manager
be authorized to cause to be issued to the
following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Fischer & Company, Inc. (Also Sunday
Salesl 880 Locust Street
Passed, adopted, and approved this
3rd day af July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady,rarrell, King, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice of Corridor
Public Hearing on proposed North- West
Arterial Highway, presented and read.
Council Member Wertzberger moved
that the proof of publication be received
and filed. Seconded by Council Member
Regular Session,J uly 3, 1978
Fairway Ford Sales, Inc.
West
Hazel S. Koeller, 2987 Jackson St.
Loras College, 1450 Alta Vista St.
Joseph N. McGinnis, Jr.-David J. Wet
ter, 951 Main St.
Norene Millman, 601 Rhomberg Ave.
Orville P. Murphy" William G. Friedman,
139 Locust St.
Ruth A. Ox berger-Roger R. Pieken-
brock, 504 Bluff St.
David Rezazadeh, 1400 Central
Richard J. Ring, 115 West 11th St.
Earl Schumacher, 2204 Central Ave.
Lowrie E. Smith, 521 East 22nd St.
Trausch Baking Co., 25 Main St.
Mary K. Ford, 1027 Rhomberg Ave.
Dorothy M. Reel, 1103 Iowa St.
Pizza Hut, 2075 John F. Kennedy Rd.
Passed,
3rd day of
Highway 20
adopted, and approved this
July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
WHEREAS, The premises to be occu-
pied by such applicants were inspected
and found to comply with the Ordinances
of the City and they have filed proper
bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the Ci-
ty of Dubuque, Iowa, that the Manager
be authorized to cause to be issued to the
following named applicants a Beer Per-
mit.
CLASS "B" BEER PERMIT
Securities Building Corporation (Also
Sunday Salesl1500 John F. Kennedy
CLASS "C" BEER PERMIT
John George Miller (Also Sunday Sales)
Riverview Park
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 243.78
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved; and
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
bers Farrell, King, Wertzberger.
Nays-Council Member Brady.
Mem-
Communication of City Manager re-
questing adoption of a Matching Resolu-
tion, in the amount of $10.99 for Law En-
forcement Training {Crisis Intervention
Seminar}, 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, Wertzberger.
Nays-None.
MATCHING RESOLUTION
NO. 241.78
WHEREAS, the City of Dubuque of
Iowa, by resolution duly passed here-
tofore, has resolved that it will provide
the approved project period cash funds
for the following Iowa Crime Commis-
sion project:
Law Enforcement Training (Crisis In-
tervention Seminar) $10.99
Passed, adopted, and approved this
3rd day of July, 1978.
Thomas A. Tully Jr.
Mayor
James E. Brady
D. Michael King
Richard Wertzberger
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 242-78
BE IT RESOLVED, By the City Coun-
cil of the City of Dubuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cig-
arettes and Cigarette Papers within said
City.
Randall's Foodarama, 2600 Dodge St.
Randall's Foodarama #2, 2013 Central
Ave.
Dolores Reoth, 600 Central Ave.
Glen Abernathy, 900 Dodge St.
William Allendorf, 125 West 9th St.
William J. Baum, 500 Rhomberg Ave.
Randall L. Dolter, 910 Dodge St.
Dubuque Yacht Basin, 1630 East 16th St.
329
RegularSession,J uly 3, 1978
ber Wertzberger moved that the Notice
of Claim be referred to the City At-
torney 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.
Proof of Publication, certified to by
the Publisher. of List of Receipts and Ex-
penditures. also list of claims for month
of May, 1978. presented and read. Coun-
cil Member Wertzbergermoved 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. Wertzberger.
Nays-None.
Communication of Zoning Adminis-
trator Firzlaff advising of issuance of a
conditional use permit for a group home
at 400 Maplewood Court, presented and
read. Council Member Wertzberger
moved that the commuication be re-
ceived 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 Evening Optimist Club re-
questing a refund of $225. on unexpired
portion of Class "B" Beer Permit, dis-
continued business on June 5, 1978,
presented and read. CotIncil Member
Wertzberger moved that the refund be
granted and City Auditor directed to
issue proper warrant. 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 Resurrection Men's Ser-
vice Club requesting refund of $225. on
unexpired Class "B" Beer Permit, dis-
continued business on June 25, 1978,
presented and read. Council Member
Wertzberger moved that the refund be
granted and City Auditor directed to
issue proper warrant. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - None.
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 Joseph W. Schuver,
in an estimated- amount of $600., for car
damage incurred as the result of a falling
tree at 701 Wilson Ave. on June 17,1978,
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 Small Claims Court by
Albert Weber, in the amount of $242.05
for car damage incurred as the result of
rolling barrels on Keyway Drive used as
a barricade, presented and read. Council
Member Wertzberger moved that the
Notice 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 William J. Ohnes-
orge, no amount mentioned, for destruc-
tion of his property at 775 Gillespie
Street on June 16,1978, due to flooding,
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.
Mayor Tully, Council Mem-
y, Farrell, King, W ertzberger.
None.
Notice of Claim of Melvin Arensdorf
et ux in the amount of $30,000., as the
result of flooding for damage to yard,
two autos and entire basement on Peru
Road, on May 12, 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-
bers Brad
Nays-
There being no further business,
Council Member Wertzberger moved to
adjourn. Seconded by Council Member
Brady. Carried by the following vote:
Notice of Claim of Melvin Arensdorf
et ux in the amount of $20,000. as the
result of flooding the entire yard and
basement on Peru Road on June 16:
1978, presented and read. Council Mem-
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communications of Airport Commis-
sion submitting minutes of their
meeting of 6-15-78; Community Develop-
ment Commission submitting minutes of
their meeting of 6-13-78; DMATS sub-
mitting minutes of their meetng of
5-25-78; 5 Flags Center Commission sub-
mitting minutes of their meeting of
6-20-78; Transit Trustee Board submit-
ting minutes of their meeting of 6-26-78;
Planning & Zoning Commission submit-
ting minutes of their meeting of 6-21-78,
presented and read. Council Member
Wertzberger moved that th'e 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 Iowa D.E.Q. sub-
mitting water main construction permit
for Brunskill Road, presented and read.
Council Member Wertzberger moved
that the communication he received and
filed. Seconded by Council Member Bra-
dy. Carried by the following vote:
Yeas _ Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of City Attorney
recommending denial of car damage
claim of Richard B. Hafner, presented
and read. Council Member Wertzberger
moved that the communication be re-
ceived and filed and recommendation of
denial approved. 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 Ray Gross, in the
amount of $4,209.71, for damage in-
curred as the result ofa backed-up sewer
at 995 W. Locust St. on May 13, 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 Margaret E. Mur-
ray, in the amount of $1825., for car
damage incurred as the result of a fallen
tree on June 17, 1978 at 749 Wilson Ave.,
presented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Attorney
for investigation and report. Seconded
Regular Session,J uly 3, 1978
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - None.
Communication of Building Commis-
sioner requesting a meeting with the
Council and the Housing Code Review
Committee to solve controversial issues,
more particularly as to financing,
presented and read. Council Member
Wertzberger moved that the commu-
nication be received and filed and refer-
red to Council. 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 The Wallis Com-
pany requesting the building located on
the northeast corner adjacent to the
alley between Locust & Bluff Streets be
declared a historical and architecturally
building, presented and read.
Wayne Norman, Jr. spoke to the com-
munication.
Council Member Wertzberger moved
that the request be set fqr a public hear-
ingon July 17, 1978 at 7:30 o'clock P.M. in
the Council Chambers and City Clerk di-
rected to publish notice. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Charles M. Kurt
submitting his resignation as a Member
of the Rehab Commission, presented and
read. Council Member Wertzberger
moved that the resignation be accepted
and referred to Council. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Petition of John E. Kirkpatrick et al
(10 signers) requesting a street light in
the 300 block of Valeria. Street, pre-
sented and read. Council Member
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 Brady. Farrell, King, W ertzberger.
Nays-None.
328
Council Member King submitted a
Report on Conference with Downtown
Developer and Barton Aschman. Coun-
cil Member Brady moved that the report
be received and filed. Seconded by Coun-
cil Member Farrell. Carried by the
following vote:
""-+.",,""'''';
-~,..-,~~,
331
Yeas - Mayor Pro-Tern W ertl!;berger,
Council Members Brady, Farrell, King.
Nays-None.
Absent - Mayor Tully.
Leo F. Frommelt
City Clerk
Adopted
ATTEST:
1978
1978
Members
Counci
Special Session,J uly 12, 1978
Approved
Brady,
City
Mayor Pro-Tern Wertzberger read
the call and stated that service thereof
had been duly made and this meeting is
called to consider an application for
transfer of beer permit as requested by
Dubuque Jaycees to 7th & Town Clock
Plaza and acting upon such other
business as may properly come before a
Regular Meeting. of the Council.
CITY COUNCIL
met at 4:30 P.M. (C.D.T.
Present: Council Members
Farrell, King, Wertzberger
Manager Gilbert D. Chavenelle.
OFFICIAL
Special Session, July 12, 1978.
Mayor Tully.
Absent:
Counci
RegularSession,J ul;[ 3,1978
1978
1978
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Members
Leo F. Frommelt
City Clerk
Counci
Adopted
ATTEST:
Approved
330
City Clerk
An application requesting transfer of
Beer Permit for Dubuque Jaycees from
10231/2 Main Street to 7th & Town Clock
Plaza on July 14 & 15, 1978, presented
and read. Council Member Farrell
moved that the transfer be approved.
Seconded by Council Member King. Car-
ried by the following vote:
Council Member Brady moved to
direct question of consuming alcoholic
beverages on City Streets to the City
Solicitor for investigation and report.
Seconded by Council Member King. Car-
ried by the following vote:
There being no further business,
Council Member Brady moved to ad-
journ. Seconded by Council Member
Farrell. Carried by the following vote:
y eas ~ Mayor Pro-Tern Wertzberger,
Council Members Brady, Farrell, King.
Yeas - Mayor Pro-Tern W ertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Absent-Mayor Tully.
Absent-Mayor Tully.
- None.
Nays
City Clerk
""-'-
aHa
Denis Stuckland of Bies Dr., Merlin
Pfeiler, Joel Glennon and Al Schekel of
Davis Ave., Fred Appel, E. 19th St.,
Wm. Weber of E. 19th St., Walter Es-
chen of Fairway Dr., Harold Badger of
Curtis St., and C. T. Menke of Iowa St.,
all spoke to the Street Program.
Communication of C. Menke of 1375
Iowa Street objecting to paving of Iowa
Street, presented and read. Council
Member Farrell moved that the commu-
nication be received and filed. Seconded
by Council Member Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Communicaiton of Walter & Hilda Es-
chen objecting to paving of Fairway
Drive, presented and read. Council
Member Farrell moved that the com-
munication be received and filed.
Seconded by Council Member Wertzber-
ger. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Communication of Wm. B. Weber,
Hawkeye Auto Sales, objecting to pav-.
ing of E. 19th Street, presented and
read. Council Member Farrell moved
that the communication be received and
filed. Seconded by Council Member
W ertzberger. Carried by the following
vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Neil Ransford and
Ray G. Miehe indicating concern for the
possible changes in Bies Drive and the
area directly north and west of Kennedy
Mall shopping center, presented and
read. Council Member Farrell moved
that the communication be received and
filed. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzherger.
Nays-None.
Petition of Madeline Rhomberg et al
(16 signers) objecting to the paving of
Fairway Drive, presented and read.
Council Member Farrell moved that the
petition be received and filed. Seconded
by Council Member Wertzberger. Car-
ried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Petition of William H. & JoAnn H.
Klauer objecting to the proposed paving
of E. 19th Street, presented and read.
Council Member Farrell moved that the
communication be received and filed. Se-
Sl'ecialSession,J uly17, 1978
Jl TTEST,
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 21st day of July,
1978.
Jt 7121
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. Farrell, King, Wertz-
berger.
Nays-None.
Council Member Wertzberger moved
to suspend the rules to let anyone pre-
sent address the Council if they so de-
sire. Seconded by Council Member King.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Art Hansen and Wm. Heitzman pre-
sented and read a communication from
Chamber of Commerce indicating as be-
ing in favor of Hotel Motel Tax as a pro-
gressive and dynamic approach to the
economic future and coordinated public
and private cooperation to meet the
City's economic potential.
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Mayor Tully. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing on Resolution of Necessity for Con-
struction of City of Dubuque 1978 As-
phalt Paving Project No.1, presented
and read. Council Member Wertzberger
moved that the proof of publication be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Statement of City Clerk certifying
that notices of hearing were mailed by
certified mail on June 26, 1978, to cit-
izens subject to assessment for Con-
struction of City of Dubuque 1978 As-
phalt Paving Project No.1, presented
and read. Council Member Wertzberger
moved that the statement be received
and filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas -,- Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Leo F. Frommelt
City Clerk
SpecialSession,July17,1978
State of Iowa has stgned Senate File 336
into law; and
WHEREAS, Senate File 336 auth-
orizes a city to impose by ordinance and
an election a hotel and motel tax at a rate
not to exceed seven percent Upon cer.
tain housing accommodations as defined
in said Senate File 336,' and
WHEREAS, the City Council of the
City of Dubuque deems it to be in the
best interest of the City to impose such a
hotel and motel tax for and within the
City of Dubuque;
NOW, THEREFORE, BE IT OR.
DAINEDBYTHE CITYCOUNCIL OF
THE CITY OF DUBUQUE, rOWA,
Section 1. That effective January 1,
1979, in accordance with the provisions
of Senate File 336 as enacted by the 67th
General Assembly, there is hereby im-
posed in the City of Dubuque a hotel and
motel tax at a rate of five percent upon
the gross receipts from the renting of
any and all rooms, apartments or sleep-
ing rooms in any hote~ mote~ inn, public
lodging house, rooming house or tourist
court or in any place where sleeping ac-
commodations are furnished to tran-
sient guests for rent, whether with or
without meals, except the gross receipts
from the renting of sleeping rooms in
dormitories and in memorial unions at
all State of Iowa universities and col-
leges, and such tax shall be collected for
and on behalf of the City of Dubuque by
the State Director of Revenue.
Section 2. That revenue derived by
the City of Dubuque from the imposition
of a hotel and motel tax shall be used in
accordance with the provisions of said
Senate File 336.
Section 3. That there shall be an elec.
tion on the imposition of the hotel and
motel tax set forth in Section 1 at the
November 7, 1978 general election.
Section 4, That the Dubuque County
A uditor, as Commissioner of Elections,
be and he is hereby requested to call the
question of the imposition of the hotel
and motel tax at a rate offive percent at
the next general election as prescribed
bylaw.
Section-5. That the City Clerk be and
he is hereby authorized and directed to
transmit a certified copy of this or-
dinance to the Dubuque County A udtior
as Commissioner of Elections and the
State Director of Revenue.
Passed, adopted, and approved this
17th day at July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
332
CITY COUNCIL
OFFICIAL
Special Session, July 17,1978.
Council met at 7:30 P.M. (C.D.T.)
Present: Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
City Manager Gilbert D. Chavenelle.
Mayor Tully read the call and stated
that service thereof had been duly made
and this Meeting is called for the pur-
pose of conducting a public hearing on
the resolution of necessity for construc-
tion of City of Dubuque Asphalt Paving
Project No.1 and acting upon such other
business as may properly come before a
Regular Meeting of the Council.
Invocation was given by Rev. Peter-
son of First Baptist Church.
Proclamation proclaiming the week of
August 21, 1978 as "Mentally Handi-
capped Health Week", was read, approv-
ed and signed by Mayor Tully.
Communication from Knights of Col-
umbus requesting permission to solicit
funds in their Tootsie Roll campaign
from August 25th to 27th, 1978, pre-
sented 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, W ertzberger.
Nays"':None.
ORDINANCE NO. 42.78
AN ORDINANCE PROVIDING FOR
THE IMPOSITION OF A HOTEL AND
MOTEL TAX FOR AND BY THE CITY
OF DUBUQUE, IOWA,
presented and read. Council Member
Wertzberger moved that the reading
just had be considered the first reading
of the Ordinance. Seconded by Council
Member Wertzberger. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Council Member Wertzberger moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be disposed with. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - None.
ORDINANCE NO. 42.78
IMPOSITION OF A HOTEL AND MO.
TEL TAX FOR AND BY THE CITY OF
DUBUQUE, IOWA
WHEREAS, the 67th General As-
sembly of the State of Iowa has enacted
Senate File 336; and
WHEREAS, the Governor of the
335
public welfare to make the herein men-
tioned improvement, and unless proper-
ty owners at the time of the final con-
sideration of this proposed resolution
have on file with the City Clerk objec-
tions to the amount of the proposed
assessments, they shall be deemed to
have waived all objections thereto.
Said improvements shall be con-
structed and done in accordance with the
plans and specifications which have been
prepared therefore by the City Engin-
eer which have been approved by the Ci-
ty Council and are now on file with the
City Clerk. That the cost and expense of
making said improvement will be assess-
ed upon and against all privately owned
property lying within assessable
distance provided by law and in an
amount not to exceed the amount pro-
vided by law, property will be assessed
whether the same abuts thereon or is ad-
jacent thereto according to area and in
proportion to the special benefits confer-
red thereby, and any deficiency shall be
paid out of the Road Use Tax Funds.
Street bonds shall be issued and sold in
anticipation of deferred payments of as-
sessments when a contract has been per-
formed and accepted and the proceeds
thereof used to pay the contractor. The
railway portion of any street or assess-
ment district shall be assessed to and
paid by the railway company.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 19th day of June,
1978.
RECORD OF FINAL ADOPTION
The foregoing resolution was finally
passed and adopted, as amended by the
City Council this 17th day of July, 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 Farrell moved final
adoption of the Resolution as amended.
Seconded by Coo.ncilMember Wertzber-
ger. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Decision of Council upon objections
to plans, specifications, form of con.
tract and cost of improvements
RESOLUTION NO. 246.78
WHEREAS, proposed plans and spec-
ifications and form of contract for the
construction of the City of Dubuque 1978
Special Session,J uly 17,1978
1. The assessment limits, If any.
2. The streets to be improved.
3. The width of such improvement.
4. Each lot proposed to be assessed
together with a valuation fixed by
the Council.
5. An estimate of the cost of the pro-
posed improvement, stating the
same for each different type of
construction and kind of material
to be used.
6. In each case the amount thereof
which is estimated to be assessed
against each lot, for the construc-
tion of the City of Dubuque 1978
Asphalt Paving Project No.1:
1. Bies Drive from the S.P.L. of Pen-
nsylvania A venue to the S.P.L. of
Daniels Street;
2. Brunswick Street from the
N.P.L. of O'Neill Street to the
S.P.L. of Davis Avenue;
3. Carter Road from Asbury Road
to Kaufmann Avenue - patch-
ing;
4. Century Drive from U.S. High-
way #20 to Bies Drive - patch-
ing:
5. Daniels Street from the E.P.L. of
Bies Drive to the W.P.L. of West
Side Manor Subdivision;
6. Eagle Point Park - parking lots
at "Riverfront Pavilion" and
"Shiras Memorial";
7. E. 21,t Street from the W .PL. of
White Street tothe E.P.L. of Cen-
tral A venue;
8. Foye Street from the N.P.L. of
Lowell Street to the S.P.L. of
Napier Street;
9. Hill Street from the N.P.L. of
Dodge Street to the N.P ,I.. of
Wooten Street;
10. Iowa Street from the S.P .1.. of
Tenth Street to the S.P .1.. of
Fourteenth Street;
11. Julien Dubuque Drive from the
City Limits to a point 565' north-
erly therefrom;
>>12. Race Street from the S.P.L. of
Rose Street to the N.P .1.. of W.
Eleventh Street;
13. Ogle Street from the S.P.L. of
Sunset Park Circle to the S.P.L.
of Lot 3 of Block 8 of Sunset Park
Subdivision;
14. -Owen Court from the S.P.I.. of
Sunset Park Circle to the south
end of the street:
15. Wartburg Place from the N.P.L.
of Lot 2-1 Mineral Lot 132 to the
N.P.I.. of Lot 2-1 Mienral Lot 133
BE IT THEREFORE RESOLVED
that the City Council on its own motion
or upon petition of property owners,
deems it advisable and necessary for the
S!'eciaISession,July17,1978
ATTEST,
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas _ Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
(Necessity for Improvement)
RESOLUTION NO. 218.78
WHEREAS, proposed plans, specif-
ications, form of contract, plat and
schedule have been duly prepared and
approved by the City Council of the City
of Dubuque and are now on file in the of-
fice of the City Clerk showing among
other things the following
334
conded by Council Member Wertz- Yeas-Mayor Tully, Council Mem-
berger. Carried by the following vote: bers Brady, Farrell, King, Wertzberger.
Yeas-Mayor Tully, Council Mem- Nays-None.
bers Brady, Farrell, King, Wertzberger. Council Member Brady moved to de-
Nays-None. lete Bies Drive from the S.P.L. of Penn-
Communication of Dubuque Bible sylvania A venue to the S.P .1.. of Daniels
Church objecting to the proposed paving Street. MOTION Died for lack of a se-
of Bies Drive for various reasons, pre- condo
sented and read. Council Member Far- Council Member Wertzberger moved
rell moved that the communication be _that the EnJ{ineering Department recon-
received and filed. Seconded by Council sider Davis street, either lower estimate
Member Wertzberger. Carried by the or as an assessment. Seconded by Coun-
following vote: cil Member King. Carried by the follow-
Yeas-Mayor Tully, Council Mem- ing vote:
bers Brady, Farrell, King, Wertzberger. Yeas - Mayor Tully, Council Mem-
Nays _ None. bers Brady, Farrell, King, W ertzberger.
Petition of Dorothy J. Wilwert et al Nays-None.
(23 signers) objecting to the proposed RESOLUTION NO. 245.78
paving of E. 19th Street, presented and Resolution Amending Resolution No.
read. Council Member Farrell moved 218.78
that the petition be received and filed. Section 1. That Resolution No. 218-78
Seconded by Council Member Wertzber- being the Resolution of Necessity for the
ger. Carried by the following vote: City of Dubuque 1978 ASPHALT PA V-
Yeas-Mayor Tully, Council Mem- INGPROJECTNO.1,beandthesameis
bers Brady, Farrell, King, Wertzberger. hereby amended by deleting the follow-
Nays-None. ing portions of the following named
Petition of C&NW Transportation streets therefrom:
Co. objecting to the paving of E. 19th Fairway Drive from the E.P.L. of
Street, presented and read. Council Bunker Hill Road to the W.P.L. of St.
Member Farrell moved that the petition Ambrose St.
be received and filed. Seconded by Coun- Davis A venue from the W.P .1.. of Lot
cil Member Wertzberger. Carried by the 1-1-2 of Richeson Davis Avenue Place
following vote: to the W.P .1.. of Lot 2-3 Balance 3 of
Yeas _ Mayor Tully, Council Mem- St. Francis Subdivision.
bers Brady, Farrell, King, Wertzberger. E. 19th Street from the E.P .1.. of
Nays-None. Jackson Street tothe E.P.L. of Lot 13
Council Member Wertzberger moved of East Dubuque Addition (Railroad
to delete Fairway Drive from the E.P .1.. Tracks).
of Bunker Hill Road to the W.P .1.. of St. Passed, adopted, and approved this
Ambrose St. from the 1978 AsphaltPav- 17th day of July, 1978.
ing Project No.1 Program. Seconded by Thomas A. Tully Jr.
Council Member King. Carried by the Mayor
following vote: Richard Wertzberger
Yeas-Mayor Tully, Council Mem- D. Michael King
bers Brady, Farrell, King, Wertzberger. James E. Brady
Nays-None. Carolyn Farrell
Council Member Wertzberger moved Council Members
to delete Davis Avenue from the W.P .1..
of Lot 1-1-2 of Richeson Davis Avenue
Place to the W.P .1.. of Lot 2-3 Balance 3
of St. Francis Subdivision from the 1978
Asphalt Paving Proejct No.1 Program.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas - Council Members Brady, Far-
rell, Wertzberger.
Nays - Mayor Tully, Council Mem-
ber Kin~.
Council Member Wertzberger moved
to delete E. 19th Street from the E.P .1..
of Jackson Street to the E.P.L. of Lot 13
of East Dubuque Addition (Railroad
Tracks) from the 1978 Asphalt Paving
Project No.1 Program. Seconded by
Council Member King. Carried by the
following vote:
~
337
ceed has been issued.
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
17th day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Mem bers
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to consider structure now existing
on East one-half of City Lot 133 to be ar-
chitecturally significant, presented and
read. 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.
Communication of Dubuque County
Historical Society recommending pro-
per zoning to permit East one-half of Ci-
ty Lot 133 to commercial usage, 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, W ertzberger.
Nays-None.
Communication of Historical Preser-
vation Commission advising that the
property on the East one-half of City Lot
133 is representative of a valuable and
significant architectural style (Iowa
State Historical Department com-
munication attached), presented and
read. Council Member Wertzberger
moved that the communication be re-
ceived and filed. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
SpeciaISession,July17,1978
6. Eagle Point Park - parking lots
at "Riverfront Pavilion" and
"Shiras Memorial".
7. E. 21st Street from the W.P.L. of
White Street to the E.P .L. of Cen-
tral Avenue.
8. Foye Street from the N.P.L. of
Lowell Street to the S.P.L. of
Napier Street.
9. Hill Street from the N.P.L. of
Dodge Street to the N.P .L. of
Wooten Street.
10. Iowa Street from the S.P.L. of
Tenth Street to the S.P.L. of
Fourteenth Street.
11. Julien Dubuque Drive from the
City Limits to a point 565' north
erly therefrom.
12. Race Street from the S.P.L. of
Rose Street to the N.P.L. of W.
Eleventh Street.
13. Ogle Street from the S.P.L. of
Sunset Park Circle to the S.P.L.
of Lot 3 of Block 8 of Sunset Park
Subdivision.
14. Owen Court from the S.P.L. of
Sunset Park Circle to the south
end of the street.
15. Wartburg Place from the N.P.L.
of Lot 2-1 Mineral Lot 132 to the
N.P .L. of Lot 2-1 Mineral Lot 133.
be and the same are hereby ordered and
constructed by this 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 the said im-
provements be paid for by levying spec-
ial assessments against the privately
owned property lying within the
assessable distance from the im-
provements. whether such property
abut upon the same or are adjacent
thereto, according to the area thereof
and in proportion to the special"benefits
conferred, and any deficiency will be
paid out of the Road Use Tax Funds.
Payment will be made to the contractor
out of funds realized from the sale of
bonds to be issued in anticipation of de-
ferred payments of assessments as pro-
vided by law after the work has been
completed and accepted by the City
Council.
BE IT FURTHER RESOLVED that
the City Clerk be and he is hereby
ordered and. directed to advertise for
proposals for the construction of the
various improvements herein provided
for in the manner provided by law, the
said improvements shall be completed
on or before 60 days after notice to pro-
-.~-.......,'''''-"~..._~" -~
S~ecial Session,J uly 17,1978
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 des-
cribed and proposed to be made, be and
the same hereby overruled and such
plans, specifications and form of con-
tract heretofore appr 'ved 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
17th day of July, 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 Farrell moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - None.
(Ordering Construction)
RESOLUTION NO. 247-78
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU.
QUE that pursuant to a resolution of
necessity No. 218-78 which was duly
passed by this Council, for the construc-
tion of the City of Dubuque 1978 Asphalt
Paving Project No.1:
1. Bies Drive from the S.P .L. of Pen-
nsylvania Avenue to the S.P.L. of
Daniels Street.
Brunswick Street from the
N.P .L. of O'Neill Street to the
S.P.L. of Davis Avenue.
Carter Road from Asbury Road
to Kaufmann A venue - patch-
ing.
Century Drive from U.S. High-
way #20 to Bies Drive - patch-
ing.
Daniels Street from the E.P.L. of
Bies Drive to the W.P.L.of West
Side Manor Subdivision.
2.
3.
4.
5.
336
Asphalt Paving Project No.1:
1. Bies Drive from the S.P.L. of Pen-
nsylvania A venue to the S.P.L. of
Daniels Street.
2. Brunswick Street from the
N.P.L. of O'Neill Street to the
S.P.L. of Davis Avenue.
3. Carter Road from Asbury Road
to Kaufmann A venue - patch-
ing.
4. Century Drive from U.S. High-
way #20 to Bies Drive - patch-
ing.
5. Daniels Street from the E.P.L. of
Bies Drive to the W.P.L. of West
Side Manor Subdivision.
6. Eagle Point Park - parking lots
at "Riverfront Pavilion" and
"Shiras Memorial".
7. E. 21st Street from the W.P.L.of
White Street to the E.P.L. ofCen-
tral Avenue.
8. Foye Street from the N.P.L. of
Lowell Street to the S.P.L. of
Napier Street.
9. Hill Street from the N.P.L. of
Dodge Street to the N.P.L. of
Wooten Street.
10. Iowa Street from the S.P.L. of
Tenth Street to the S.P.L. of
Fourteenth Street.
11. Julien Dubuque Drive from the
City Limits to a point 565' north-
erly therefrom.
12. Race Street from the S.P.L. of
Rose Street to the N.P .L. of W.
Eleventh Street.
13. Ogle Street from the S.P .L. of
Sunset Park Circle to the S.P .L.
of Lot 3 of Block 8 of Sunset Park
Subdivision.
14. Owen Court from the S.P.L. of
Sunset Park Circle to the south
end of the street.
15. Wartburg Place from the N.P .L.
. of Lot 2-1 Mineral Lot 132 to the
N.P.L. of Lot 2-1 Mineral Lot 133.
have been approved by the City Council
of the City of Dubuque and public notice
given as provided by Chapter 384 of the
Code of Iowa. 1977, pertaining to public
contracts and bonds, and the time and
place fixed for the hearing of all objec-
tions to said plans, specifications or con-
tract for or cost of such improvement,
said time being this 17th day of July,
1978; and
WHEREAS, the City Council met in
special session this 17th day of July,
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
339
over real estate owned by the City of
Dubuque, Iowa and described as Lot 22
of "Glen view", a subdivision in the City
o!Dubuque, Iowa to JOHN E. HENDRY
and MARGARET A. HENDRY, hus-
band and wife; and
WHEREAS, the City Council of the
City of Dubuque, Iowa, overruled any
and all objections, oral or written, to the
proposal to grant an easement to John C.
Hendry and Margaret A. Hendry for in-
gress and egress to Lot 2 to the Subdivi-
sion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Re-Subdivision of Part of Shipton's Ad-
dition, Dubuque County, Iowa over and
across Lot 22 of "Glenview", a subdivi-
sion in the City of Dubuque. Iowa.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the proposal to grant
a perpetual non-exclusive easement by
the City of Dubuque. Iowa to John C.
Hendry and Margaret A. Hendry, hus~
band and wife over and across
Lot 22 in "Glenview", a subdivision in
Dubuque, Iowa
for ingress and egress to Lot 2 of the
Subdivision of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Re-subdivision of Part of Ship-
ton's Addition, Dubuque County, Iowa
be and the same is hereby approved up-
on the payment of $1.00 and subject to
said easement being non-exclusive and
subject to existing easements on said
Lot 22 in "Glenview", as set out in Grant
of Easement, a copy of which is hereto at-
tached and by reference made a part
hereof.
Section 2. That the Mayor and City
Clerk be and they are hereby authorized
to execute said Grant of Easement for
and on behalf of the City of Dubuque,
Iowa.
Passed, adopted, and approved this
17th day of July,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, W ertzberger.
Nays~None.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing to
vacate parts of West 6th Street, Iowa
:,,",,,
",-<--'-
~
'''-~....;,J,\:r-x.""
~,.._,.,",.._~ ~_._:'""'~~~
17,1978
SpecialSession,J ul
preparation and securing of approvals of
the Final Environmental Impact State-
ment on the North-West Corridor incor-
porating the Union Park Hollow Alter-
nate in the East- West Segment and the
West Alignment (excludes Crecent
Ridge Alternate) in the North-South
Segment as identified in the Draft En-
vironmental Statement of the Dubuque
North-West Arterial dated April, 1978.
Passed, adopted, and approved this
17th day of July, 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution as Amended.
Seconded by Mayor Pro-Tern Wertz-
berger. Carried by the following vote:
Yeas-Mayor Pro-Tern Wertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain-Mayor Tully.
Council Member Wertzberger moved
that the maps and drawings on the
North-West Arterial 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.
Proof of Publication, certified to by
the Publisher, of Notice of Hearing to
consider granting a perpetual non-ex-
clusive easement over and across Lot 22
Glenview to John C. & Margaret A. Hen-
dry, presented and read. No written ob-
jections 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 fil~
ed. 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. 250.78
WHEREAS, pursuant to resolution
and published notice of time and place of
hearing published in the Telegraph-Her-
ald, a newspaper of general circulation
published on July 7, 1978 in the City of
Dubuque, Iowa, the City Council of the
City of Dubuque, Iowa met on the 17th
day of July, 1978 at 7:30 o'clock P.M.
(DST) in the City Council Chambers in
City Hall, Dubuque, Iowa to consider the
proposal to grant a perpetual non-exclu-
sive easement for ingress and egress
for consideration covering the selection
of an alternate for the North-West Ar-
terial Corridor location, presented and
read. Council Member Werhberger
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.
RESOLUTION NO. 249.78
Resolution Designating Corridor lo.
cation Dubuque North-West Arterial
WHEREAS, the 1990 Metropolitan
Transportation Plan shows need for a
high mobility, high volume Transporta-
tion Arterial over the West and North
sides of Dubuque; and
WHEREAS, a Contract dated No-
vember 24, 1975 for Professional Ser-
vices was executed with Brice. Petrides
and Associates, Waterloo, Iowa, for a
Corridor Location Study; and
WHEREAS, the Consultant pre-
sented a preliminary evaluation on a
number of alternates to the City Council
on April 25, 1977, and the City Council
selected the Shooting Club, Union Park
and Rupp Hollow Alternates for further
study; and
WHEREAS, the Consultant in April,
1978 published a Draft Environmental
Impact Statement on those alternates
and copies of this statement were
transmitted to numerous governmental
bodies and interest groups for com-
ments; and
WHEREAS, it is necessary for the Ci-
ty Council to designate one alternate for
preparation of Final Environmental
Statement and required approvals;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Union Park Hol-
low Alternate on the East-West Seg-
ment and the West Alignment (excludes
Crescent Ridge Alternate) on the North-
South Segment as identified in the Draft
Environmental Statement of the Dubu-
que North-West Arterial dated April,
1978, be designated as the preferred
Corridor location for the Dubuque
North-West Arterial and the Council's
decision be communicated to the Dubu-
que Metropolitan Area Transportation
Policy Committee, Iowa Department of
Transportation and Federal Highway
Administration.
Section 2. That the Consultant,
Brice-Petrides and Associates, proceed,
after review by Dubuque Metropolitan
Area Transportation Policy committee,
Iowa Department of Transportation and
Federal Highway Administration with
Special Session,J uly17, 1978
RESOLUTION NO. 248.78
A Resolution Designating Structures
on the East One.Half of City Lot 133 as
Architecturally Significant, Pursuant
to Provisions of Section 4.109.4(3) of
Appendix "A" of the Code of Or-
dinances of the City of Dubuque, Iowa.
WHEREAS, Section 4-109.4(3) of Ap-
pendix "A" of the Code of Ordinances of
the City of Dubuque, Iowa, known as
Conditional Uses of the OR-1 Office-Res-
idence District of the Zoning Ordinance
of the City of Dubuque, Iowa, provides
for the issuance of Conditional Use Per-
mits for certain limited commercial ac-
tivities in structures or areas which
have been designated, by Resolution of
the Dubuque City Council, as his-
torically or architecturally significant,
and
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
Section 1. That the structure now ex-
isting on the East one-half of City Lot
133 in the City of Dubuque, Iowa hereby
declared to be architecturally signifi-
cant.
Section 2. That the foregoing
declaration of architectural significance
is made after consultation with the State
Historical Preservation Officer, the Du-
buque County Historical Society, and
the City of Dubuque Historical Preser-
vation Commission, as provided in Sec-
tion 4-109.4(3) of Appendix "A" of the
Code of Ordinances of the City of Dubu-
que.
Section 3. That the owners of the
structures existing on the property de-
scribed above are el.igible to make ap-
plication to the Board of Adjustment for
such Conditional Use Permit as may be
authorized for such premises.
Passed, adopted, and approved this
17th day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
338
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, W ertzberger.
Nays-None.
Communication of City Mgr. submit-
ting a recommendation from the Public
Works Director along with a resolution
341
pursuant to the Urban Renewal Plan for
the Downtown Urban Renewal Project,
Iowa R-15, has acquired real estate,
relocated site occupants, demolished
and removed site improvements, and
has otherwise prepared certain land for
reuse purposes; and
WHEREAS, a plat subdividing cer"
tain lots for public right-oi-way and
other purposes has been examined by
the City Council of the City of Dubuque,
Iowa; and
WHEREAS, said plat has been exam-
ined by the Planning and Zoning Com-
mission of the City of Dubuque, Iowa,
and has its approval endorsed thereon;
and
WHEREAS, said plat conforms to the
laws of the State of Iowa, and the or-
dinances of the City of Dubuque. govern-
ing the subdivision of real estate in the
City of Dubuque, Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A,
Section 1. That the plat dated May
12.1978 of the Subdivision of the West-
erly 20 feet of the Southerly One-third of
City Lot 64 and of the Subdivision of the
Easterly 94 feet of the southerly One-
third of City Lot 64 and of the Subdivi-
sion of the Southerly 21 feet of City Lot
17 and of the Subdivision of the Wester-
ly 76 feet of the Southerly 45 feet 6 in-
ches of City Lot 184 and of the Subdivi-
sion of the Easterly 37 feet of the South-
erly 45 feet 6 inches of City Lot 184, each
in the City of Dubuque. Iowa. by Carl F.
Bartels, licensed Professional Civil
Engineer and Land Surveyor. be and the
same is hereby approved.
Section 2. That the Mayor and City
Clerk be and they are hereby authorized
and directed to execute said plat for and
on behalf of the City of Dubuque, Iowa.
Section 3. That the City Clerk be and
he is hereby a uthorir.ed and directed to
file a copy of this Resolution in the Office
of the County Recorder in and for Dubu-
que County, Iowa, and in the Office of the
City Assessor in and for the City of Du-
buque. Iowa.
Passed. adopted. and approved this
17th day of July, 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
"It
Special Session,J uly 17,1978
ATTEST,
Leo F. Frommel
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas - Mayor Pro- Tem W ertzberger.
Council Members Brady. Farrell, King.
Nays-None.
Abstain-Mayor Tully.
RESOLUTION NO. 252.78
Subdividing Certain Lots in the
Downtown Urban Renewal Project
Area for Public Right-O'-Way and
Other Purposes
WHEREAS, the
Dubuque.
Iowa R-15. has vacated portions of cer-
tain streets and alleys to prepare land
for reuse purposes; and
WHEREAS. a plat platting vacated
portions of streets and alleys into City
lots in the City of Dubuque. Iowa. have
been examined by the City Council of the
City of Dubuque. Iowa; and
WHEREAS, said plat has been exam-
ined by the Planning and Zoning Com-
mission ofthe City of Dubuque. Iowa and
its approval endorsed thereon; and
WHEREAS. said plat conforms to the
laws of the State of Iowa. and the or-
dinances of the City of Dubuque, govern-
ing the subdivision of real estate in the
City of Dubuque, Iowa;
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A,
Section 1. That the plat dated May
12. 1978 platting a vacated portion of
West Sixth Street into City Lot 61A and
platting a vacated portion of West Sixth
Street into City Lot 21A and platting a
vacated portion of a public alley into City
Lot 2DA and platting a vacated portion
of Iowa Street into City Lot 181A. each
in the City of Dubuque, Iowa, by Carl F.
Bartels. a licensed Professional Civil
Engineer and Land Surveyor, be and the
same is hereby approved.
Section 2. That the Mayor and City
Clerk be and they are hereby authorized
and directed to execute said plats for and
on behalf of the City of Dubuque, Iowa
Section 3. That the City Clerk be and
he is hereby authorized and directed to
file a copy of this Resolution in the Office
of the County Recorder in and for Du-
buque County, Iowa.
Passed, adopted, and approved this
17th day of July, 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
City of
Special Session, July 17,1978
Main street and Iowa Street extended
Southerly for a distance of 22.0 feet,
thence Westerly 98.38feet to a line 15.0
feet Easterly of the original Easterly
street line of Main Street, thence North-
erly 22.0feet to the original street line of
original West Sixth Street in the City of
Dubuque, Iowa, be and the same is
hereby vacated.
Section 3. That that part of the
original alley lying between Main
Street and Iowa Street and from the
S01J.therly line of the original West
Sixth Street extended across said alley
to a line 18.0 feet Northerly of the or-
iginal Northerly street line of West
Fifth Street extended across said alley
in the City of Dubuque. Iowa, be and the
same is hereby vacated.
Section 4. That that part of original
Iowa Street from the Southerly line of
original West Sixth Street extended
Easterly 25.35 feet, thence Southerly
240..56 feet to a line 18.0 feet Northerly
of the original Northerly street line of
West Fifth thence Westerly 25.37 feet
to the original street line of original
Iowa Street in the City of Dubuque,
Iowa, be and the same is hereby vacated.
Section 5. That the City Clerk be and
he is hereby authorized and directed to
file a copy of this Ordinance in the Office
of the County Recorder in and for Du-
buque County, Iowa.
Passed. adopted. and approved this
17th day at July, 1978.
Richard Wertzberger
Mayor Pro-Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST..
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 21st day of .July,
1978.
1t 7/21
Council Member Farrell moved final
adoption of the Ordinance. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Pro-Tem Wertzberger.
Council Members Brady. Farrell, King.
Nays-None.
Abstain-Mayor Tully.
RESOLUTION NO. 251-78
Approving a Plat of Portions of Va-
cated Streets and Alleys in the Down.
town Urban Renewal Project Area
WHEREAS. the City of Dubuque,
pursuant to the Urban Renewal Plan for
the Downtown Urban Renewal Project,
Leu F. Fromme
City Clerk
340
Street and a public alley in the Down-
town Urban Renewal area. presented
and read. No written objections were fil-
ed and no oral objectors were present in
the Council Chamber at the time set for
the hearing. Council Member Farrell
moved that the proof of publication be
received and filed. Seconded by Council
Member King. Carried by the following
vote:
Yeas-Mayor Tully. Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
ORDINANCE NO. 43.78
AN ORDINANCE VACATING PARTS
OF WEST SIXTH STREET, IOWA
STREET AND A PUBLIC ALLEY IN
THE DOWNTOWN URBAN RENEWAL
PROJECT AREA,
said Ordinance having been previously
presented and read at the Council Meet-
ing of July 13. 1978, presented for final
adoption.
ORDINANCE NO. 43.78
VACATING PARTS OF WEST SIXTH
STREET, IOWA STREET AND A PUB.
LlC ALLEY IN THE DOWNTOWN UR.
BAN RENEWAL PROJECT AREA
WHEREAS. the City of Dubuque,
Iowa, pursuant to the Urban Renewal
Plan for the Downtown Urban Renewal
Project. Iowa R-1S, has acquired real
estate. relocated site occupants, de-
molished and removed site improve-
ments, and has otherwise prepared cer-
tain land for reuse purposes; and
WHEREAS, in order to market said
land for redevelopment in accordance
with said Urban Renewal Plan, it is ne-
cessary that parts of certain streets and
a public alley in the Project A rea be
vacated: and
WHEREAS, the Planning and Zon-
ing Commission afthe City of Dubuque.
Iowa has recommended that parts of
West Sixth Street. Iowa Street and a
public alley are no longer needed for
public right-of-way purposes;
NOW THEREFORE BE IT OR-
DAINEDBYTHE CITY CO UNCIL OF
THE CITY OF DUBUQUE. IOWA..
Section 1. That that part of original
West Sixth Street from the Easterly
line of the alley lying between Main
Street and Locust Street extended
Northerly for a distance of 22.00 feet.
thence Easterly 98.97 feet to a line 15.0
feet Westerly of the Westerly street
line of Main Street, thence Southerly
22.0 feet the original street line of
original West Sixth Street in the City of
Dubuque, Iowa, be and the same is
here by vacated.
Section 2. That that part of original
West Sixth Street from the original
Westerly line olthe alle1.f lying between
"- -~_.-
a43
inches of City Lot 18. and of Southerly 11
feet 6 inches of City Lot 19; and of
Southerly 20 feet of Middle 40 feet of Ci-
ty Lot 19, and of Northerly 20 feet of
Middle 40 feet of City Lot 191 and of
Northerly 13 feet of City Lot 19, and of
Southerly 26 feet 6 inches of City Lot 20.
and of-Northerly 37 feet 6 inches of City
Lot 20, and of Lot 1 of Westerly 76 feet of
Southerly 45 feet 6 inches of City Lot
184. and of Lot 1 of Easterly 37 feet of
Southerly 45 feet 6 inches of City Lot
184. and of Northerly 19 feet of City Lot
184. and of City Lot 183. and of City Lot
182a, and of City Lot 182, and southerly
21.53 feet of City Lot 181, and of North~
erly 43 feet of City Lot 181, and of City
Lot 20A. and of City Lot ISlA, each in
the City of Dubuque, Iowa. dated May
12, 1978. by Carl F. Bartels, a licensed
Professional Civil Engineer and Land
Surveyor. be and the same is hereby ap-
proved.
Section 3. That the plat of Block 17 in
Dubuque Downtown Plaza in the City of
Dubuque, Iowa, being comprised and
made up of Lot 2 of Westerly 20 feet of
Southerly one-third of City Lot 64, and of
Lot 2 of Easterly 94 feet of Southerly
one-third of City Lot 64, and of Middle
one-third of City Lot 64, and of Norther-
ly one-third of City Lot 64. and of South-
erly one-third of City Lot 63, and of Mid.
die one-third of City Lot 63, and of
Northerly one-third of City Lot 63, and
Southerly 14 feet 4 inches of City Lot 62,
and of Southerly Middle 19 feet 6 inches
of City Lot 62, and of Northerly Middle
20 feet of City Lot 62, and of Northerly
11 feet of City Lot 62, and of Southerly 12
feet 9 inches of City Lot 61, and of South-
erly Middle 19 feet 6 inches of City Lot
61, and of Northerly one-half of City Lot
61, and of City Lot 61A, each in the City
of Dubuque, Iowa, dated May 12, 1978.
by Carl F. Bartels, a licensed Profes-
sional Civil Engineer and Land Survey-
or, be and the same is hereby approved.
Section 4. That the Mayor and City
Clerk be and they are hereby authorized
and directed to execute said plats for and
on behalf of the City of Dubuque, Iowa.
Section 5. That the City Clerk be and
I\e is hereby authorized and directed to
file a copy of this Resolution in the Office
of the County Recorder in and for Dubu-
que County, Iowa,
Passed, adopted, and approved this
17th day of July, 1978.
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
SpecialSession,J uly 17 ,1978
181, and of Northerly 43 feet of City Lot
181. and of City Lot 20A, and of City Lot
181A, each in the City of Dubuque, Iowa,
has been examined by the City Council
of the City of Dubuque, Iowa; and
WHEREAS. a plat of Block 17 in Du-
buque Downtown Plaza in the City ofDu-
buque, Iowa, being comprised and made
up of Lot 2 of Westerly 20 feet of
Southerly one-third of City Lot 64, and of
Lot 2 of Easterly 94 feet of Southerly
one-third of City Lot 64, and of Middle
one-third of City Lot 64, and of Norther-
ly one-third of City Lot 64, and of South-
erly one-third of City Lot 63, and of Mid-
dle one-third of City Lot 63, and of
Northerly one-third of City Lot 63. and
Southerly 14 feet 4 inches of City Lot 62,
and of Southerly Middle 19 feet 6 inches
of City Lot 62, and of Northerly Middle
20 feet of City Lot 62, and of Northerly
11 feet of City Lot 62, and of Southerly 12
feet 9 inches of City Lot 61, and of South-
erly Middle 19 feet 6 inches of City Lot
61, and of Northerly one-half of City Lot
61, and of City lot 61A, each in the City of
Dubuque, Iowa, has been examined by
the City Council of the City of Dubuque,
Iowa; and
WHEREAS, said plats have been ex-
amined by the Planning and Zoning
Commission of th~ City of Dubuque,
Iowa, and have its approval endorsed
thereon; and
WHEREAS, said plats conform to the
laws of the State of Iowa, and the or-
dinances of the City of Dubuque, govern-
ing the subdivision of real estate in the
City of Dubuque, Iowa.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the plat of Block 12A
in Dubuque Downtown Plaza in the City
of Dubuque, Iowa, being comprised and
made up of City Lot 21A, and of Souther-
ly 44 feet of City Lot 21, and of Northerly
20 feet of City Lot 21, and of Southerly
one-half of City Lot 22, and of Lot 2 of
Northerlv one-half of City Lot 22, and of
Lot 1 of Northerly one-half of City Lot 22,
and of Southerly 21.3 feet of City Lot 23,
and of Northerly 42.8 feet of City Lot 23,
each in the City of Dubuque, Iowa, dated
May 12, 1978, by Carl F. Bartels, a li-
censed Professional Civil Engineer and
Land Surveyor, be and the same is
hereby approved.
Section 2. That the plat of Block 13 in
Dubuque Downtown Plaza in the City of
Dubuque, Iowa, being comprised and
made up of I10t 2 of Southerly 21 feet of
City Lot 17, and ofN ortherly 43 feet 6 in-
ches of City Lot 17, and of Southerly 34
feet of City Lot 18, and of Middle 20 feet
of City Lot 18, and of northerly 10 feet 6
17,1978
following vote:
Yeas - Mayor Pro-Tern W ertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain-Mayor Tully.
RESOLUTION NO. 253.78
Dedicallng Certain Lois in the Down. ATTEST:
town Urban Renewal Project Area for Leo F. Frommelt
Street Purposes City Clerk
WHEREAS, the City of Dubuque, Council Member Farrell moved adop-
pursuant to the Urban Renewal Plan for tion of the Resolution. Seconded by
the Downtown Urban Renewal Project, Council Member King. Carried by the
Iowa R-1S, has acqUired real estate, relo- following vote:
cated site improvements, and has other- Yeas-Mayor Pro-Tern Wertzberger.
wise prepared certain land for reuse pur~ Council Members Brady, Farrell, King.
poses: and Nays-None.
WHEREAS, a plat dedicating certain Abstain- Mayor Tully.
lots for street purposes has been ex- RESOLUTION NO. 254.78
amined by the City Council of the City of Approving Plats in Dubuque Down.
Dubuque, Iowa: and town Plaza In the City of Dubuque,
WHEREAS, said plat has been exam- Iowa
ined by the Planning and Zoning Com- WHEREAS, the City of Dubuque,
mission of the City of Dubuque, Iowa, pursuant to the Urban Renewal Plan for
and has its approval endorsed thereon: the Downtown Urban Renewal Project,
and Iowa R-15, has acquired real estate, re-
WHEREAS, said plat conforms to the located site occupants, demolished and
laws of the State of Iowa, and the or- removed site improvements, and has
dinancesoftheCityofDubuque,govern_ otherwise prepared certain land for
ing the subdivision of real estate in the reuse purposes; and
City of Dubuque, Iowa: WHEREAS, a plat of Block 12A in
NOW THEREFORE BE IT RE- Dubuque Downtown Plaza in the City of
SOLVED BY THE CITY COUNCIL OF Duhuque, Iowa, being comprised and
THE CITY OF DUBUQUE, IOWA: made up of City Lot 2IA, and of Souther-
Section 1. That the plat dated May ly 44feetofCity Lot 21. and of Northerly
12,1978, dedicating Lot 1 of Subdivision 20 feet of City Lot 21, and of Southerly
of Westerly 20 feet of Southerly One- one-half of City Lot 22, and of Lot 2 of
third of City Lot 64 and Lot 1 of Subdivi- Northerly one-half of City Lot 22, and of
sion of Easterly 94 feet of Southerly One- Lot 1 of N otherly one-half of City Lot 22,
Third of City Lot 64 and Lot 1 ofSubdivi- and of Southerly 21.3 feet of City Lot 23,
sion of Southerly 21 feet of City Lot 17 and of Northerly 42.8 feet of City Lot 23.
and Lot 2 of Subdivision of Westerly 76 each in the City of Dubuque, Iowa, has
feet of Southerly 45 feet 6 inches of City been examined by the City Council of the
Lot 184 and Lot 2 of Subdivision of East- City of Dubuque. Iowa; and
erly 37 feet of Southerly 45 feet 6 inches WHEREAS, a plat of Block 13 in Du-
of City Lot 184, all in the City of Dubu- buque Downtown Plazainthe City of Du-
que, Iowa, by Carl F. Bartels, licensed huque, Iowa, being comprised and made
Professional Civil Engineer and Land up of Lot 2 of Southerly 21 feet of City
Surveyor, be and the same is hereby ap- Lot 17, and of Northerly 43 feet 6 inches
proved, and the dedication of said lots of City Lot 17. and of Southerly 34 feet of
for public street purposes as Fifth City Lot 18. and of Middle 20 feet of City
Street be and the same is hereby ap- Lot 18. and of Northerly 10 feet 6 inches
proved. of City Lot 18. and of Southerly 11 feet 6
inches of City Lot 19: and of Southerly 20
feet of Middle 40 feet of City Lot 19, and
of Northerly 20 feet of Middle 40 feet of
City Lot 19. and of Northerly 13 feet of
City lot 19. and of Southerly 26 feet 6 in-
ches of City Lot 20, and of Northerly 37
feet 6 inches of City Lot 20. and of Lot 1
of Westerly 76 feet of Southerly 45 feet
6 inches of City Lot 184, and of Lot 1 of
Easterly 37 feet of southerly 45 feet 6 in-
ches of City Lot 184, and of northerly 19
feet of City Lot 184, and of City Lot 183,
and of City Lot 182a, and of City Lot 182,
and of Southerly 21.53 feet of City Lot
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
S!,eciaISession,J ul
Section 2. That the Mayor and City
Clerk be and they are hereby authorized
and directed to execute said plat for and
on behalf of the City of Dubuque. Iowa.
Section 3. That the City Clerk be and
he is hereby authorized and directed to
file a copy of this Resolution in the Office
of the County Recorder in and for Dubu-
que County. Iowa, and in the Office of the
City Assessor in and for the City of Du~
huque, Iowa.
Passed, adopted, and approved this
17th day of July, 1978.
345
22.0 feet to its intersection with the
south property line of Sixth Street;
thence proceeding east along the
south property line of Sixth Street a
distance of 15.0 feet to its intersec-
tion with the west property line of
Main Street; thence proceeding south
along the west property line of Main
Street as extended to the north curb
line of Fifth Street to the point of be-
ginning.
Section 2. That the City Clerk be and
he is hereby authorized and directed to
record or file a certified copy of this Or-
dinance in the Office of the Recorder in
and for Dubuque County. Iowa.
Passed, adopted, and approved this
17th day at July. 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST..
Leo F. Fromme
City Clerk
UU~ctJ.L1U~tjtj-UU
o OOT]D ""0 DO
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OW" 00 C- ".m DO
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THI~D 5TII&&T
Sl'ecialSession,J uly17,1978
tersectio11 with the west property
line of Main Street; thence pro"
ceeding south along the west proper-
ty line of Main Street to its intersec-
tion with the North property line of
Sixth Street; thence proceeding west
along the north property line of Sixth
Street as extended to its inte1'section
with the east curb line of Locust
Street; thence proceeding south
along the east curb line of Locust
Street to its intersection with the
south property line of Sixth Street as
extended to said curb line; thence
proceeding east along the south pro-
perty line of Sixth Street as extended
to its intersection with the east pro-
perty line of the alley immediately
west of Main Street; thence pro-
ceeding north along the east property
line of said aile yadi stance of9.97feet
to its intersection with the south pro-
perty line of Sixth Street; thence pro-
ceeding east along the south property
line of Sixth Street a distance of98. 97
feet to its inteT8ection with the west
property line of Main Street; thence
proceeding south along the west pro-
perty line of Main Street a distance of
WHEREAS, the Pedestrianway has
been extended on Main Street to Fifth
Street and the cleared land adjacent to
this portion of Main Street has been re-
platted.
NOW THEREFORE BE IT OR-
D/VNEDBYTHE CITY CO UNCJL OF
THE CITY OF DUBUQUE. JOW A..
Section 1. That the area referred to
as the Pedestrianway and as hereinafter
described a.~ delineated on Exhibit "A"
attached hereto and made a part hereof,
be and the same is hereby and it shall
hereafter be known and called "Town
Clock Plaza. "
Commencing at the intersection of
the north curb line of Fifth Street and
the west property line of Main Street
as extended to the north curb line of
Fifth Street; thence proceeding east
along the north curb line of Fifth
Street to its intersection with the
east property line of Main Street as
extended to said curb line; thence
proceeding north along the east pro-
perty line of Main Street to its in-
tersection with the south property
line of Sixth Street; thence pro-
ceeding east along the south property
line of Sixth Street as extended to its
intersection with the west curb line
of Iowa Street; thence proceeding
north along the west curb line of Iowa
Street to its intersection with the
north property line of Sixth Street as
extended to the west curb line of
Iowa Street; thence proceeding west
along the north property line of Sixth
Street as extended to the west curb
line of Iowa Street to its intersection
with the west property line of the al-
ley immediately east of Main Street;
thence proceeding south along the
west property line of said alley a
distance of 29.0 feet to its intersec-
tion with the north property line of
Sixth Street; thence proceeding west
along the north property line of Sixth
Streetadistance of98.38feet to its in-
te~'.~ection with the east property line
of Main Street; thence proceeding
north along the east property line of
Main Street a distance of 22.0 feet to
its intersection with the north pro-
perty line of Sixth Street; thence pro-
ceeding west along the north proper-
ty line of Sixth Street a distance of
15,0 feet to its intersection with the
east property line of Main Street;
thence proceeding north along the
east property line of Main Street a
distance of 202. 78feet to its intersec-
tion 'With the south property line of
Town Clock Plaza: thence proceeding
westerly along the south property
line of Town Clock Plaza to its in-
Sl'ecial Session, J uh' 17,1978
ATTEST:
Leo F. Frommelt
City Clerk
Council MemberFarrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Y eas- Mayor Pro-Tem Wertzberger,
Council Members Brady, Farrell, King,
Nays-None.
Abstain - Mayor Tully.
Communication of City Manager re-
questing adoption of an Ordinance that
the remaining portion of Main Street ex-
tending from Seventh to Fifth Streets,
also Sixth Street between Iowa and
Locust Streets be designated "Town
Clock Plaza", presented and read. Coun-
cil Member W ertzberger moved that the
communication be received and filed.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
ORDINANCE NO. 44-78
AN ORDINANCE DESIGNATING AND
NAMING PORTIONS OF CERTAIN
RIGHTS.OF-WAY "TOWN CLOCK
PLAZA",
presented and read. Council Member
Wertzberger moved that the reading
just had be considered the first reading
o[ the Ordinance. Seconded by Council
Member King, Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - None.
Council Member Wertzberger moved
that the rule requiring an Ordinance to
be received and filed at two meetings
prior to the meeting when final action is
taken, be dispensed with. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
ORDINANCE NO. 44-78
DESIGNATING AND NAMING POR.
TIONS OF CERTAIN RIGHTS.OF.WAY
"TOWN CLOCK PLAZA"
WHEREAS, the City at Dubuque
pursuant to the Urban Renewal Plan for
the Downtown Urban Renewal Proiect.
Iowa R-15, improved certain rights-of-
way within the Project A rea by con-
structing therein a pedestrianway; and
WHEREAS, under date of August 5,
1971, the City Council of the City of
Dubuque passed Ordinance No. 37-71,
designating portions of Main Street,
Eighth Street and Seventh Street with-
in the Proy'ect A rea as "Town Clock
plaza "; and
344
:'~~,,~,,~,
'''''''-_~,~...;..J._~~
347
City of Dubuque, Iowa met on the 17th
day of July, 1978 at 7:30 o'clock P.M.
(DSTl in the City Council Chambers, Ci-
ty Hall, Dubuque, Iowa to consider the
proposal to dispose of interest of the Ci-
ty of Dubuque, Iowa in real estate, here-
inafter described, to the highest bidder,
by way of sealed bids, and that the sale
price for said real estate shall not be less
than $2,000.00 nor conditioned on title to
same being merchantable; and
WHEREAS, said sealed bids having
been opened by the City Council, it is
found that Leo J. Kringle is the highest
bidder for the purchase price of
$2,000.00 and that the real estate de-
scribed as:
The west 53 feet of Lot 1 of Lot 809 in
McDaniel's Subdivision in the City of
Dubuque, Iowa
be and the same should be sold to Leo J.
Kringle; and
WHEREAS, City Council of the City
of Dubuque, Iowa overruled any and all
objections, oral or written, to the pro-
posal to dispose of interest of City ofDu-
buque, Iowa in the hereinafter described
real estate to the above named party.
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 City of Dubuque, Iowa in and to,
and the conveyance of real estate de-
scribed as:
The west 53 feet of Lot 1 of Lot 809 in
McDaniel's Subdivision in the City of
Dubuque, Iowa
to Leo J. Kringle be and the same is
hereby approved for the purchase price
of $2,000.00, and that no abstract of title
will be furnished and conveyance shall
be by Quit Claim Deed; conveyance shall
be subject to reservation by the City of
Dubuque, Iowa of a perpetual easement
unto itself for all existing easements for
waterlines, sewer lines and for utilities,
together with right of ingress and
egress to repair, inspect and maintain
the same; and that the 10% of the pur-
chase price deposit for good faith shall
be forfeited to the City of Dubuque, Iowa
in the event the successful bidder fails to
pay for the said real estate upon the pre-
sentation of Quit Claim Deed by the City
of Dubuque, Iowa.
Section 2. That the Mayor and City
Clerk be and they are authorized and di-
rected to execute said deed of con-
veyance and the City Clerk be and he is
hereby authorized and directed to deliv-
er said deed of conveyance to the gran-
tee upon payment of the purchase price
in full.
Section 3. That the City Clerk be and
he is hereby authorized and directed to
SpecialSession,J uly 17,1978
Iowa, is proposed, the owner of
said property shall submit a plan
for the use of such property and
shall provide for the consolidation
of parcels in common use.
Section 2. That in the event the
owner shall fail to execute the Accep-
tance provided for in Section 1 hereof
within forty-five (45) days 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 this
17th day of July, 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
Plaza "20", Inc., having read the terms
and conditions of the foregoing Resolu-
tion No. 255-78, and being familiar with
the conditions thereof, hereby accepts
the same and agrees to perform the con-
ditions required therein.
Dated at Dubuque, Iowa this 20th day
of July 1978.
Plaza "20", Inc.
By James B. McDonough
President
By M. J. Kahle
Secretary
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
y eas ~ 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
dispose of W. 53' of Lot 1 of Lot 809 in
McDaniels Sub., 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
Brady. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 256.78
WHEREAS, pursuant to resolution
and published notice of time and place-of
hearing, published in the Telegraph-
Herald, a newspaper of general circula-
tion published on July 7,1978in the City
of Dubuque, Iowa, the City Council of the
Special Session,Jnly 17,1978
the lot to be known as "Jody's Place" in
Block 1 in "Plaza 20" does not front on a
public street; and
WHEREAS, said Plat has been ap-
proved by the City Planning and Zoning
Commission on the understanding that
the ownership of the lot to be known as
"Jody's Place" in Block 1 in "Plaza 20"
will be transferred so that said lot will
become part of a larger tract in common
ownership which as frontage on a public
street; and
WHEREAS, said Plat has been ap-
proved by the City Planning and Zoning
Commission on the further understand-
ing that future divisions of property in
and around the lot to be known as
"Jody's Place" in Block 1 in "Plaza 20" in
the City of Dubuque, Iowa, must be ac-
companied by a proposed plan for the
use of said property and must provide
for the consolidation of commonly used
parcels; 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
the lot to be known as "Jody's Place" in
Block 1 in "Plaza 20"in the City of Dubu-
que, Iowa, does not front on a public
street; and
WHEREAS, the City Council concurs
in the understanding of the City Plan-
ning and Zoning Commission with
regard to transfer of ownership and
future divisions in and around the lot to
be known as "Jody's Place" in Block 1 in
"Plaza 20" in the City of Dubuque, Iowa:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Plat of the sub-
division of "Jody's Place" in Block 1 of
"Plaza 20" 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 that the owner
of said property shall execute its written
acceptance hereto attached, acknow-
ledging and agreeing:
a. That the City of Dubuque, Iowa,
will not issue a permit for any de-
velopment of the lot to be known
as "Jody's Place" in Block 1 in
"Plaza 20" in the City of Dubuque,
Iowa, except as said lot shall be
made part of a conforming zoning
lot having frontage on a public
street.
b. That at the time any future divi-
sion of property in its ownership
in and around the lot to be known
as "Jody's Place" in Block 1 in
"Plaza 20" in the City of Dubuque,
346
Published officially in the Telegaph
Herald Newspaper this 21st day of July,
1978.
Jt 7/21
June 23, 1978
Honorable Mayor and Council Members
RE: FINAL PLAT - JODY'S PLACE
OF BLOCK 1 OF PLAZA 20
The City of Dubuque Planning and
Zoning Commission has reviewed a final
plat subdivising part of Lot 1 of Lot 2 of
Lot 1 of Block 1 of "Plaza 20" creating
"Jody's Place of Block 1 of "Plaza 20".
The property is located south of U.S.
Highway 20, west of the Power Equip-
ment Company, in the City of Dubuque.
In their review of the plat, the Plan-
ning and Zoning Commission has found
that it meets the platting requirements
of the Subdivision Regulations and that
the intent of the lot split is to accom-
modate transfer of ownership of "Jody's
Place" to the Theisen Development
Company.
The Planning and Zoning Commission
has approved the final plat as described
and recommends your favorable consid-
eration.
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
King. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 255-78
A Resolution Approving the Pial of
"Jody's Place" In Block 11n "Plaza 20"
in the City of Dubuque, Iowa.
WHEREAS, there has been filed with
the City Clerk of the City of Dubuque,
Iowa a Plat of the subdivision of a part of
Lot 1 of Lot 2 of Lot 1 in Block lin "Plaza
20", to be known as "Jody's Place" in
Block 1 in "Plaza 20" in the City of Du-
buque, Iowa; and
WHEREAS, said Plat has been exam-
ined by the City Planning and Zoning
Commission and they have found that
the same conforms to statutes and or-
dinances relating thereto, except that
Leo F. Frommelt
City Clerk
Council Member Wertzbergermoved
final adoption of the Ordinance. Second-
ed by Council Member King. Carried by
the following votes:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertz-
berger.
Nays-None.
::!4!l
has investigated same and conferred
with claimant's attorney, and it was
determined that claimant had medical
expenses of $332.50.
An offer of settlement has been made
in the amount of $1.000.00. with $500.00
to be contributed each by the City of
Dubuque and Dubuque County.
It is the recommendation of the City
Attorney that said offer of settlement be
accepted and that the City Auditor be in-
structed to draw draft payable to Betty
J. Guenther in the amountof$500.00 and
transmit same for delivery upon receipt
of the proper releases duly executed. Or-
iginal notice of claim is returned here-
with.
July 7,1978
Honorable Mayor and City Council .
On March 14, 1978 David E. and Bea-
trice B. Bisenius of 1203 Grove Terrace
filed claim against the City of Dubuque
in the amount of $131.24 for auto
damages allegedly occurring on March
11, 1978 as the result of striking a pot
hole at 1475 John F. Kennedy Road.
This matter was referred to the City
Attorney who has made an investigation
of same and has consulted with the
Street Commissioner and finds that a
road defect did exist.
It is the recommendation of the City
Attorney that said claim be paid to .!he
claimaints and that the City Auditor be
instructed to draw warrant payable to
David E. and Beatrice B. Bisenius in the
amount of $131.24 and transmit same to
the City Attorney for delivery upon
receipt of duly executed releases.
Original claim is returned herewith.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the recommendation of settlement
be approved and City Auditor directed
to issue proper warrant. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. King. Wertzberger.
Nays - N onc
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the recommendation of settlement
be approved and City Auditor directed
to issue proper warrant. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
July 11, 1978
Honorable Mayor and City Council
I submit for your consideration the
proposed contract with Barton-Asch-
SpeciaISession,Julv17,1978
July 5, 1978
Honorable Mayor and City Council
On June 7, 1977, original notice with
petition attached was served on the City
of Dubuque, being Law No. 41132,
wherein Dolores D. Henkels was plain-
tiff and City of Dubuque named defen-
dant.
Said action was for damages claimed
for personal injuries suffered by claim-
ant on May 27. 1976as the result of an al-
leged fall on a two inch difference in
sidewalk elevation on the west side of
Main Street between 9th and 10th
Streets. and further alleging injuries
consisted of a broken ankle with plaintiff
incurring medical expenses. loss of earn-
ings and expenses for a housekeeper in
the approximate amount of $1.000.00.
Plaintiff prayed for damages in said ac-
tion in the total amount of $25.000.00.
This matter was referred to the City
Attorney who interposed the ap-
propriate defenses thereto and said mat-
ter was scheduled for trial by jury. Plain-
tiff has made an offer of settlement in the
amount of $2,300.00. plus.court costs in
the amount of $22.00.
In view of the investigation of the City
Attorney and formal discovery, it is the
recommendation of the City Attorney
that said offer of settlement be accepted
as some liability could be established on
the part of the City and a jury could very
likely return a verdict much in excess of
the settlement amount offer.
Original notice with petition attached
as served is hereby returned.
R. N. Russo
City Attorney
Council Member Wertzberger moved
that the recommendation of settlement
be approved and City Auditor directed
to issue proper warrant. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell. King, Wertzberger.
Nays-None.
July 7, 1978
Honorable Mayor and City Council
Notice of Claim was filed with the City
of Dubuque on behalf of Betty J. Guen-
ther of 1747 Jackson Street by her at-
torney on February 22. 1978. said notice
claiming personal injuries suffered by
claimant on December 28, 1977 as the
result of a fall at the curb at 720 Central
due to an alleged negligent piling of
snow at said site. Claimant further al-
leged that as a result of said fall she suf"
fered a fractured distal fibula just ahove
the left ankle.
Claimant claimed damages in the
amount of $10,000.00. and this matter
was referred to the City Attorney who
"",-"""';
-.~--~">.
SpecialSession,J uly17, 1978
of Dubuque, Iowa overruled any and all
objections, oral or written. to the pro-
posal to dispose of interest of City of Du-
buque. Iowa in the hereinafter described
real estate to the above named party.
NOW THEREFORE BE IT RESOLV-
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE,IOW A:
Section 1. That the disposal of inter-
est of City of Dubuque. Iowa in and to,
and the conveyance of. real estate de-
scribed as:
Lot 17 of Mettel's Subdivision in the
City of Dubuque, Iowa
to Vanita E. Meyer be and the same is
hereby approved for the purchase price
of $6,000.00, and that no abstract of title
will be furnished and conveyance shall
be by Quit Claim Deed; conveyance shall
be subject to reservation by the City of
Dubuque, Iowa of a perpetual easement
unto itself for all existing easements for
waterlines, sewer lines and for utilities.
together with right of ingress and
egress to repair. inspect and maintain
the same; and that the 10% of the pur-
chase price deposit for good faith shall
be forfeited to the City of Dubuque. Iowa
in the event the successful bidder fails to
pay for the said real estate upon the
presentation of Quit Claim Deed by the
City of Dubuque, Iowa.
Section 2. That the Mayor and the Ci-
ty Clerk be and they are hereby author-
ized and directed to execute said deed of
conveyance and the City Clerk be and he
is hereby authorized and directed to de-
liver said deed of conveyance to the
grantee upon payment of the purchase
price in full.
Section 3. That the City Clerk be and
he is hereby authorized and directed to
record certified copy of this Resolution
in the office of the Dubuque County Re-
corder, the Dubuque County Auditor
and the Dubuque City Assessor.
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bersBrady, Farrell. King, W ertzberger.
Nays-None.
Passed, adopted, and approved this
17th day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
348
record certified copy of this Resolution
in the office of the Dubuque County Re-
corder, the Dubuque County Auditor
and the Dubuque City Assessor.
Passed, adopted, and approved this
17th day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady,Farrell, King, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to dispose of Lot 17 of Met tel's Subd.,
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
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. 257-78
WHEREAS, pursuant to resolution
and published notice of time and place of
hearing, published in the Telegraph-
Herald, a newspaper of general circula.
tion published on July 7,1978 in the City
of Dubuque, Iowa, the City Council ofthe
City of Dubuque, Iowa met on the 17th
day of July, 1978 at 7:30 o'clock P.M.
(DSTl in the City Council Chambers. Ci-
ty Hall, Dubuque, Iowa to consider the
proposal to dispose of interest of the Ci-
ty of Dubuque, Iowa in real estate, here-
inafter described, to the highest bidder,
by way of sealed bids, and that the sale
price for said real estate shall not be less
than $5.500.00 nor conditioned on title to
same being merchantable; and
WHEREAS, said sealed bids having
been opened by the City Council, it is
found that Vanita E. Meyer is the high-
est bidder for the purchase price of
$6,000.00 and that the real e!';tat.e de-
scribed as:
Lot 17 of Mettel's Subdivision in the
City of Dubuque, Iowa
be and the same should be sold to Vanita
E. Meyer; and
WHEREAS, City Council of the City
'--...-I.";':,.JCv~'
.~-~",
351
and specifications, form of contract and
cost of said improvement, and the City
Clerk be and he is hereby directed to
cause a notice of time and place of such
hearing to be published in some news-
paper published in the City of Dubuque,
Iowa which shall be not less than four
days nor more than twenty days prior to
the day fixed for its consideration, and
the City Clerk be and he is hereby di-
rected to have published the notice of
pendency for said improvement, and the
City Clerk is hereby directed to adver-
tise for proposals to the contractors for
the construction of the above mentioned
improvement.
Passed, adopted, and approved this
17th day of July, 1978.
Richard Wertzberger
Mayor Pro-Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
A T'rEST,
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 Brady, Farrell, King.
Nays-None.
~bstain-MayorT~llly. . .
Communication of City Manager and
City Engineer submitting specs. and
estimate for construction of Comiskey
Park Parking Lot, presented and read.
Council Member Farrell moved that the
communication be received and filed.
Seconded hv Council Member King. Car-
ried by the follov/ing vote:
Yeas-Council Members Brady, Far-
rell, King, Wertzberger..
Nays-None.
Abstain-Mayor Tully.
(Necessity for Improvement)
RESOLUTION NO. 262-78
WHEREAS, proposed plans, spec-
ifications, 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 Comiskey Park
Parking Lot.
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-
Sl'ecialSession,Ju!y 17,1978
have on file with the City Clerk, objec-
tions to the amount of the cost of the im-
provement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be construc-
ted and done in accordance with the
plans and specifications which have been
approved by the City Council and are
now on file with the City Clerk. That the
cost and expense of making said im-
provement will be paid by the Communi-
ty Development Funds.
The above resolution was introduced,
approved and ordered placed on file with
the City Clerk this 17th day of July,
1978.
Approved and placed on file
action.
final
APPROVED,
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
approval of the Resolution. Seconded by
Council Member Farrell. Carried by the
following vote:
Yeas-Mayor Pro-Tern Wertzberger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain-Mayor Tully.
RESOLUTION NO. 260.78
Preliminary Approval of Plans,
Specs., etc., for the Construction of
Pedestrian Curb Ramps, in the
Estimated Amount of $9,235.33,
presented and read. Mayor Pro-Tem
Wertzberger moved adoption of the
resolution. Seconded by Council
Member Farrell, Carried by the follow-
ing vote:
Yeas - Mayor Pro-Tern Wertz berger,
Council Members Brady, Farrell, King.
Nays-None.
Abstain-Mayor Tully.
(FIXING DATE OF HEARING)
RESOLUTION NO. 261-78
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its pre-
liminary approval on the proposed plans.
specifications, and form of contract and
placed same on file in the office of the Ci-
ty Clerk for public inspection forthe con-
struction of the Pedestrian Curb Ramps.
BE IT THEREFORE RESOLVED
that on the 7th day of August, 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 pro-
posed improvement may appear and
make objection to the proposed plans
10'
SpecialSession,Ju!y 17, 1978
90%, Non-Federal % 10%
Project Period 12 Months, Federal %
75%, Non-Federal % 25%
THEREFORE, BE IT RESOLVED
THAT City of Dubuque will provide dur-
ing the approved project period ap-
propriated cash funds in the amount of
$153.46 to match Iowa Crime Commis-
sion support for the projectentitIed
Equipment; and
THEREFORE. BE IT FURTHER
RESOLVED THAT Police Department
will provide for the total assumption of
costs for said project in the Depart-
ment's budget at the termination of 2
years of federal support in accord with
Iowa Crime Commission policy pro-
viding that said project proves to be a
benefit to the applicant unit of govern-
ment and warrants continuation.
'Passed this 17th day of July. 1978.
Robert J. O'Brien
Chief of Police
Thomas A. Tully Jr.
Mayor of the City of
Dubuque
Council Member Wertzberger moved
adoption of the Resolution. Seconded by
Council Member Brady. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Communication of City Manager and
City Engineer submitting plans and
specs. for construction of the Pedestrian
Curb Ramps, presented and read. Coun-
cil Member Wertzberger moved that the
communication be received and filed. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas-Council Members Brady, Far-
rell, King, Wertzberger.
Nays-None.
Abstain - Mayor Tully.
(Necessity for Improvement)
RESOLUTION NO. 259-78
WHEREAS, proposed plans, spec-
ifications, 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 Pedestrian Curb
Ramps.
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisable and necessary for the
public welfare to make the herein men-
tioned improvement, and unless proper-
ty owners at the time of the final con-
sideration of this proposed resolution
350
man Associates, Inc. for identifying
downtown street improvements which
may be needed.
The contract provides for payment of
the consultant's expenses up to a max-
imum of $10,000.
I recommend that you favorably con-
sider the request because the consul-
tants can guide us during the consid-
eration of downtown development.
It is requested that the City Manager
be authorized to sign the contract.
Gilbert D. Chavenelle
City Manager
Council Member Farrell moved that
the request be approved and City Man-
ager authorized to sign contract. Se-
conded by Council Member Wertzber-
ger. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Farrell, King, Wertzberger.
Nays-Council Member Brady.
Communication of City Manager re-
questing adoption of a Matching Resolu-
tion to purchase certain equipment by
authority of Northeast Iowa Area Crime
Commission, estimated cost $3,316.00,
City Share $153.46, presented and read.
Council Member Wertzberger moved
that the communication be received and
filed. Seconded by Council Member Bra-
dy. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
ASSUMPTION OF COST
AND MATCHING
RESOLUTION NO. 258-78
WHEREAS, the Law Enforcement
Assistance Administration has made
federal assistance available through the
Iowa Crime Commission for criminal jus-
tice programs; and
WHEREAS, the applicant unit of gov-
ernment or agency is desirous of making
application for said financial assistance
for the heretofore mentioned project;
and
WHEREAS, the applicant unit of gov-
ernment or agency is aware of the cost
assumption policy for continued federal
assistance established by the Iowa
Crime Commission and the Northeast
Iowa Area Crime Commission (if ap-
plicable); and
WHEREAS, the following ratios of
federal assistance have nreviously been
provided for this project by the Iowa
Crime Commission and
WHEREAS, the following funding ra-
tios identify the projected number of
years support (12 months funding
periods) desired by the applicant in ac-
cord with Iowa Crime Commission
policy:
Project Period 12 Months, Federal %
;;;..-=':....:.L.~.~__
'",;:!
r 11' . ".- --__.~<_+...",.,;,~_K"
352
'I
1'1
II
353
day Salesl 2013 Central Ave.
Passed, adopted. and approved this
17th day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady. Farrell. King, Wertzberger.
Nays-None.
Request for approval of transfer of
Jaycees Beer Permit from 10231/2 Main
Street to McAleece Field from July 27th
to A ugust 6th. 1978, presented and read.
Council Member Brady moved that the
transfer be approved. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - None.
RESOLUTION NO. 267-78
WHEREAS. Applications for Liquor
Licenses have been submitted to this
Council for approval and the same have
been examined and approved; and
WHEREAS. The premises to be oc-
cupied by such applicants were in-
spected and found to comply with the
State Law and all City Ordinances rele-
vant thereto and they have filed proper
bonds;
NOW THEREFORE BE IT RE-
SOLVED, By the City Council of the Ci-
ty of Dubuque, Iowa. that the Manager
be authorized to cause to be issued tothe
following named applicants a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
James J. Birkett, 55 Locust St.
Parochetti Enterprises. Inc., 2600
Dodge St.
Alfred L. Brandt. 2600 Central Ave.
Patricia Revelle. 2776 Jackson St.
Sally Josephine Roy, 400 Central_\ve.
Eugene Kopp. 951 Main St.
Passed. adopted, and approved this
17th day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Special Session,J uly 17,1978
to make uniform with all other Boards
and Commissions and submitting pro-
posed Ordinance, presented and read.
Council Member Wertzberger moved
that the communication be received and
filed and referred to City Solicitor to
study group. Seconded by Council Mem-
ber King. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady. Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 265.78
BE IT RESOLVED, by the City Coun-
cil of the City of Dubuque, Iowa, that the
following having complied with the pro-
visions of law relating to the sale of
Cigarettes within the City of Dubuque,
Iowa, be granted a permit to sell Cig-
arettes and Cigarette Papers within said
City.
James J. Birkett. 55 Locust Street
Herbert Bisping, Sr., 1401 Elm Street
Janis Jentz, 2093 Washington Street
Kenneth J. Love, 802 Central A venue
Alice H. Erschen, 2617 University Ave.
Eugene Kopp, 951 Main St.
Passed, adopted, and approved this
17th day of July, 1978.
Thomas A. Tully Jr.
Mayor
Richard Wertzberger
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the Resolution. Seconded by
Council Member Wertzberger. Carried
by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
RESOLUTION NO. 266.78
WHEREAS, Applications for Beer
Permits have been submitted and filed
to this Council for approval and the same
have been examined and approved; and
WHEREAS, The premises to be oc-
cupied by such applicants were in~
spected and found to comply with the Or-
dinances of this City and have filed pro"
per bonds;
NOW THEREFORE BE IT RE-
SOLVED, by the City Council ofthe City
of Dubuque, Iowa, that the Manager be
authorized to cause to be issued to the
followh)g named applicants a Beer Per"
mit.
CLASS "B" BEER PERMIT
John P. Frangos (Also Sunday Sales)
1236 Iowa St.
CLASS "C" BEER PERMIT
Randall's International, Inc. (Also Sun-
Sl'ecial Session,J uly 17,1978
posed improvement may appear amd
make objection to the proposed plans
and specifications, form of contract and
cost of said improvement, and the City
Clerk be and he is hereby directed to
cause a notice of time and place of such
hearing to be published in some
newspaper published in the City of
Dubuque, Iowa which shall be not less
than four days nor more than twenty
days prior to the day fixed for its con-
sideration, and the City Clerk be and he
is hereby directed to have published the
notice of pendency for said improve-
ment, 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 July, 1978.
Richard Wertzberger
Mayor Pro"Tem
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Pro-Tem Wertzberger,
Council Members Brady, Farrell, King.
Nays-None,
Abstain - Mayor Tully.
Communication of Transit Board sub-
mitting resignation of the Board Mem-
bers Chester Solomon, Janet Jones and
Paul L. Britt. presented and read.
Council Member Brady moved that the
communication be received and filed and
resignations accepted with regret.
Seconded by Council Member King. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Communication of Boards & Commis-
sion Study Committee being of the opi-
nion of the undermining of their work as
the result of some Councilmen com-
ments about the resignations of three
Transit Board Members, presented and
read. Council Member Wertzberger
moved that the communication be re-
ceived and filed. Seconded by Council
Member King. Carried by the following
vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Councilman Brady
requesting a revision of the Transit
Board Ordinance to clarify authority and
-==<C.'~C=~'O~~"C~" """
="~~~~~=.~=~~~,
-' ...--.........--.........
ty owners at the time of the final con
sideration of this proposed resolution
have on file with the City Clerk. objec-
tions to the amount of the cost of the im-
provement, they shall be deemed to
have waived all objections thereto.
Said 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 by Community
Development Funds.
That the above resolution was intro-
duced, approved and ordered placed on
file with the City Clerk this 17th day of
July, 1978.
Approved and placed on file for final
action.
APPROVED:
Richard Wertzberger
Mayor Pro-Tern
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Farrell moved adop-
tion of the Resolution. Seconded by
Council Member King. Carried by the
following vote:
Yeas-Mayor Pro-Tem Wertzberger,
Council Members Brady. Farrell, King.
Nays-None.
Abstain-Mayor Tully.
RESOLUTION NO. 263.78
Preliminary estimate and approval
of specs. and plans for construction of
Comiskey Park Parking Lot, In the
estimated amount of $10,175.18,
presented and read. Council Member
Farrell moved adoption of the resolu-
tion. 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.
(FIXING DATE OF HEARING)
RESOLUTION NO. 264.78
WHEREAS. the City Council of the
City of Dubuque, Iowa. has given its pre-
liminary approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the Ci-
ty Clerk for public inspection for the con-
struction of the Comiskey Park Parking
Lot.
BE IT THEREFORE RESOLVED
that on the 7th day of August, 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 pro-
:"'-~'" ~.....k"",".,."<h
355
'~-''''~.~~'''''''=E;,
17,1978
Yeas-Council Members Brady, Far-
rell, King, Wertzberger.
Nays - Mayor Tully.
Communication of Wayne J. Manter-
nach requesting to address the Council.
presented and read.
Wayne Manternach spoke to Council
relative to water runoff problem from
Terrace Heights Subdivision; They are
not holding up.
Council was advised by Attorney Lin-
dahl not to comment on the matter due to
possible pending legislation on the mat-
ter. Council Member Wertzberger mov-
ed that the communication be received
and filed. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady. Farrell, King. W ertzberger.
Nays-None.
Petition of Councilman Brady asking
relief to property owners adjacent to the
Site Gas Station from exhaust fumes,
presented and read. Council Member
Brady moved that the petition be re-
ferred to the Fire Marshall and City
Solicitor. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. King, Wertzberger.
Nays-None.
Petition of Councilman Brady re-
questing engineering department to
consider solutions to the major drainage
problem in the Orchard Drive area,
presented and read. Council Member
Brady moved that the petition be re-
ferred to Staff for investigation and
report. Seconded by Council Member
King. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Petition of Sertoma Club requesting
to block traffic on 4th Street east of
White Street from 5 P.M. to 11:30 P.M.
on Thursday. August 10th, also control
traffic on 2nd, 6th and 7th Streets east of
White Street, presented and read. Coun-
cil Member Wertzberger moved that the
petition be received and filed and ap-
proved subject to coordination of City
Manager and Traffic Department. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas - Mayor Tully. Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - None.
Communications of Housing Commis-
sion submitting minutes of their meet-
ing of June 20,1978; Advisory Commis-
sion of June 27, 1978; Housing Reha-
bilitation Commision of June 27, 1978;
Playground & Recreation Commission
of June 19, 1978; Dock Commission of
May 4, May 24 and May 31; Joint
Special Session,J ul
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Notice of sale of mobile
unit next to the City Hall, presented and
read. Council Member Wertzberger
moved that the proof of publication be
received and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem.
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Communication of Public Works Di-
rector advising of sale of Mobile Office
Unit in the amount of $1299.99, pre-
sented and read. Council Member
Wertzberger moved that the com-
munication be received and filed.
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 ad-
vising of a request from Operation New
View for designation of two city rep-
resentatives to the revised Adminis-
trative Board of Operation, presented
and read. Council Member Wertzberger
moved that communication be received
and filed and Council Members Farrell
and King be appointed as represen-
tative. Seconded by Council Member
Brady. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Mechanical Con-
tractors Ass'n. of Iowa Inc. indicating
support of the Separate Bid/Separate
Contract method of bidding and award-
ing of contracts involving expenditures
of public funds for total project costs in
excess of $100,000.00, presented and
read. Council Members Wertzberger
moved that the communication be re-
ceived and filed and referred to Council.
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 Chairperson Kelly
of the Housing Commission advising of
vacancies expiring August 17,1978 and
requesting appointments, presented
and read. Council Member Wertzberger
moved that the communication be re-
ceived and filed and referred to Council
and Boards & Commissions Committee.
Seconded by Council Member Brady.
Carried by the following vote:
Sj>eciaISession,J uly 17.1978
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell. King, Wertzberger.
Nays-None.
Communication of DOT seeking local
governmental recommendations for
Great River Road Project proposals and
submittal of proposed roadway or
highway associated improvements for
review and assignment of priority,
presented and read. Council Member
Wertzberger moved that the commu-
nication be received and filed and refer-
red to Staff for recommendation and
report. 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 DOT submitting a
draft of administrative rule for the im"
plementation of the special Great River
Road Funds, presented and read. Coun-
cil Member Wertzbergermoved that the
communication be received and filed and
referred to Council and Staff for action.
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 Dock Commission
submitting proposed agreements be-
tween ContiCarriers, Dubuque Barge
and Fleeting and the Dock Commission
and recommending Council Study and
requesting an opportunity to meet with
the Council, presented and read. Dock
Commissioners Con:i\ett and Woodward
and Dock Manger Lang spoke to the
communication. Council Member Wertz-
berger moved that the communication
be received and filed and referred to the
City Solicitor for necessary documents
and set for hearing on August 7,1978 at
7:30 o'clock P.M. Seconded by Council
Member Brady. Carried by the following
vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Dubuque Historic
Preservation Advisory Board that after
review of the property at 1270, 1272,
1274. 1276 Main Street, they found the
property to be of no particular
significance historically or architec-
turally and have no objection to issuance
of a demolition permit, presented and
read. Council Member Wertzberger
moved that the communication be
received and filed and referred to Coun-
cil and Building Department. Seconded
by Council Member Farrell. Carried by
the following vote:
354
ATTEST:
Leo F. Frommelt
City Clerk
Council Member Brady moved adop-
tion of the resolution. Seconded by Coun-
cil Member W ertzberger. Carried by the
following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger,
Nays-None.
Petition of Richard A. Loetscher re-
questing permission to install street
lights on Pamela Court, presented and
read. Council Member Wertzberger
moved that the request be aproved.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Petition of West 11th St. Neighbor-
hood Ass'n., by Harold P. Meloy, re-
questing the City to purchase the
building at 567 Arlington Street and use
money presently budgeted from Local
Community Development Funds,
presented and read. Don Meyers,
Harold Meloy, Harry Neustadt, Mike
Weber and Bob Fish spoke to the peti-
tion. Council Member Brady moved that
the request be approved. Seconded by
Council Member Farell. VOTE ON THE
MOTION WAS AS FOLLOWS:
Yeas - Council Members Brady, Farrell.
Nays-Council Members King,
W ertzberger.
Abstain - Mayor Tully.
MOTION DIED.
Council Member Brady moved that
$50,000.00 be stricken from the budget
for purposes of Neighborhood Center
and to add to Rehabilitation Fund. Se"
conded by Council Member Wertzber-
ger. YOTE ON THE MOTION WAS AS
FOLLOWS:
Yeas~Council Members King,
W ertzberger.
Nays-Council Members Brady, Far-
rell.
Abstain - Mayor Tully.
Petition of Snomad Ski Club re-
questing funds for the construction of
materials for a new building at Veteran's
Memorial Ski Hill on 32nd Street,
presented and read. Paul Scherr ad-
dressed the Council requesting to
allocate $6000.00; Would erect a 24' x 40'
building with volunteer labor; Total
Budget operation: $1,000.00 Cost to Ci-
ty. Bob Blocker stated the present build-
ing is unusable.
Commission Member Wertzberger
moved that the petition be referred to
the Recreation Commission for theiropi-
nion. Seconded by Council Member Far-
rell. Carried by the following vote:
-~._,~...,._"",_...\>...,;;t.-,..._.",."",
356
357
Auditor directed to issue proper war-
rant. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays~None.
Petition of refund by Sirloin Stockade,
in the amount of $100., on the issuance of
a duplicate cigarette license, presented
and read. Council Member Wertzberger
moved that the refund be approved and
City Auditor directed to issue proper
warrant. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
At 10:55 P.M. Council Member Wertz-
berger moved to go into Executive Ses-
sion to appoint members to the Transit
Trustee Board. Seconded by Council
Member King. Carried by the following
vote:
Yeas - Mayor Tully, Council Mem-
bers King, Wertzberger.
Nays-Council Members Brady, Far-
rell.
COUNCIL RECONVENED IN REG-
ULAR SESSION AT 11:37 P.M.
Mayor Tully announced the following
appointments tothe Transit Board: Wal-
ter A. Pregler, term expiring June 30,
1981; Thomas H. Berryman, term expir-
ing June 30,1982; Carl Heathcote, term
expiring June 30,1983. Council Member
Wertzberger moved ratification of the
appointments. Seconded by Council
Member King. Carried by the following
votes:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-Council Member Brady on ap-
pointment of Preg'ler.
Communication of DOT submitting a
preliminary layout of the MisSissippi
River Bridge tie down in regard to the
561 Freeway in Dubuque, presented and
tead. Council Member Brady moved
that the communication be received and
filed. Seconded by Council Member
Wertzberger. Carried by the following
vote:
Yeas-Mayor Tully~ Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - None.
There being no further business,
Council Member Wertzberger moved to
adjourn. Seconded by Mayor Tully. Car-
ried by the following vote:
Special Session, July 17,1978
Council Member Wertzberger moved
that the Notice of Clain be referred to
the City Attorney for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays - None.
Notice of Claim of Andrew Grevas et
ux, in the amount of $762., for property
damage incurred at 1865 Ridge Road,
due to a backed-up sewer on June 24,
1978, presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City At-
torney for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - None.
Notice of Claim of Donald A. Clark, in
the amount of $1628.15 for property
damages incurred at 1861 Ridge Road,
due to a backed-up sewer on June 24,
1978, presented and read. Council Mem-
bN Wertzberger moved that the Notice
of Claim be referred to the City At-
torney for investigation and report. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Proof of Publication, certified to by
the Publisher, of Public Notice of Find-
ing of no significant effect on the En-
vironment for the Construction of the
32nd Street Fire Station and Code En-
forcement, presented and read. Council
Member Wertzberger moved that the
proof of publication be received and
filed. Seconded by Council Member Far-
rell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Senior Citizens ex-
pressing thanks for demonstrations of
interest and concern for the older
citizens by cooperating with Senior Cit-
izens Recognition Month, presented and
read. Council Member Wertz bergeI'
moved that the communication be re-
ceived and filed. Seconded by Council
Member Farrell. Carried by the follow-
ing vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Petition Qf refund by St. Patrick's
Church, in the amount of $225.00, for un-
expired portion of Beer Permit No.
4925-SB, 4925-78, presented and read.
Council Member Wertz her gel' moved
that the refund be approved and City
Special Session,J ulv 17.1978
Attorney for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Notice of Claim of Jerry Alan Bass, by
Joseph J. Bitter Attorney, in the amount
of $500,000. for having been falsely ar-
rested, accosted and assulated by sev-
eral police officers at 1081 Main Street
on May 25, 1978, presented and read.
Council Member Wertzberger moved
that the Notice of Claim be referred to
the City Attorney for investigation and
report. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays - None.
Notice of Claim of State Automobile
and Casualty Underwriters, on behalf of
their client Melvin L. Arensdorf for
damages sustained in his car due to a
flooding condition in the amount of
$1,937.50, at 853 Peru Road ou May 21,
1978, presented and read. Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City At-
torney for investigation and report.
Seconded by Council Member Farrell.
Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Notice of Claim of Loras D. Coakley, in
an estimated amount of $2000., for car
damage incurred as the result of a colli-
sion at St. Anne Drive & Churchill, on
May 7, 1978, due to obscured vision, pre-
sented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Attorney
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas-Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Notice of Claim of Leonard A. Valen-
tine et al in the amount of $4500., for
flood damage incurred at 923 and 925
Peru Road, during May & June, pre-
sented and read. Council Member
Wertzberger moved that the Notice of
Claim be referred to the City Attorney
for investigation and report. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Notice of Claim of Lester H. Maker et
ux, in the amount of $500., for flood
damage incurred at 3715 Peru Road dur-
ing May and June, presented and read.
~~.~:~~:~"'''~..
Meeting Dubuque 5 Flags Building Com-
mittee and Dubuque 5 Flags Commis-
sion, presented and read. Council
Member Wertzberger moved that the
minutes be received and filed. Seconded
by Council Member Farrell. Carried by
the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Communication of Planning & Zoning
Commission submitting supplementary
sheets for Zoning Ordinance, presented
and read. Council Member Wertzberger
moved that the communicaiton 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, Wert.zberger.
Nays-None.
Communications of City Attorney re-
commending denial of property damage
claim of John Leytem, amicably settled;
Recommending denial of property
damage claim for Mrs. Ellen S.
Lakeman, no liability on the part of the
City; Recommending denial of car
damage claim of Antoinette Hostert,
amicably settled; Recommending denial
of property damage claim of Michael F.
Kronfeldt, no liability on the part of the
City; Recommending denial of tree
damage claim of John W. Gorsuch,
amicably settled; Recommending denial
of car damage claim of David Ackerman,
presented and read. Council Member
Wertzberger moved that the com-
munications be received and filed and
recommendations of denials be ap-
proved. Seconded by Council Member
Farrell. Carried by the following vote:
Yeas - Mayor Tully, Council Mem-
bers Brady, Farrell, King, Wertzberger.
Nays-None.
Notice of Claim of Harold Palen, in the
amount of $100., for car damage incurred
as the result of driving into a hole in the
roadway in Murphy Park on June 23,
1978, presented and read~ Council Mem-
ber Wertzberger moved that the Notice
of Claim be referred to the City At-
torney for investigation and report. Se-
conded by Council Member Farrell. Car-
ried by the following vote:
Yeas~Mayor Tully, Council Mem-
bers Brady, Farrell, King, W ertzberger.
Nays-None.
Notice of Claim of Giellis Insurance
Agency, on behalf of their Client Dennis
Sheehan, in the amount of $126.31 for
damage to a motorcycle as the result of
an oil slick left by a garbage truck, on
June 29, 1978, presented and read. Coun-
cil Member Wertzberger moved that the
Notice of Claim be referred to the City
:~._.."'
359
1:1:1:111
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REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING OR.
DINANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA" BY
RECLASSIFYING PROPERTY HERE-
INAFTER DESCRIBED IN LOT 1 AND
LOT 3 OF LOT 1 OF BLOCK 4 IN
"WESTCHESTER SUBDIVISION" IN
THE CITY OF DUBUQUE, IOWA FROM
OR.1 OFFICE-RESIDENTIAL DIS.
TRICT CLASSIFICATION TO R.4
RESIDENTIAL DISTRICT CLASSIF.
ICATION.
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 herein-
after described property from "OR-l
Office-Residential District" classif-
ication to "R-4- Residential District"
classification, to wit:
the Easterly 200 feet altke southerly
150 feet of Lot 1 of Lot 2 of Block 4;
and the easterly 50feel olLot 3 of Lot
2 of Block 4 all in "Westchester Sub-
division" in the City of Dubuque,
Iowa.
Section 2. That the/ore going amend-
ment has theretofore been approved by
the Planning and Zoning Commission of
the City of Dubuque, Iowa.
Passed, adopted, and approved this
7th day of August, 1978.
Thomas A. Tully Jr.
Mayor
D. Michael King
James E. Brady
Carolyn Farrell
Council Members
Regular Session, August 7, 1978
ATTEST,
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
HeraldNewspaperthis 10th day of Aug-
ust 1978.
It 8/10
C01l7lcillrfem.ber Farrell muvedfinal
adoption of the Ordinance. Seconded by
Council Member Brady. Camed by the
following vote:
Yeas - Mayor Tully, Council Members
Brady, Farrell, King.
Nays - None.
Absent" Council Member
Wertzber-
ger.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend the Zoning Ordinance by
reclassifying Lots 1, 2, 3, 4 and 5 of Block
1 in Patricia Ann Acres Sub. from R-4 to
R-2 Residential District Classification,
Leo F. Frommelt
City Clerk
CITY COUNCIL
OFFICIAL
Regular Session, August 7, 1978.
Council met at 7:30 o'clock P.M.
(D.S.T.)
Present - Mayor Tully, Council Mem-
bers Brady, Farrell, King. City Manager
Gilbert D. Chavenelle. Absent - Council
Member Wertzberger.
Mayor Tully read the call and stated
that service thereof has been duly made
and this is the regular monthly meeting
called for the purpose of acting upon
such business as may properly come be-
fore the meeting.
Invocation was given by Rev. Thomas
Keating, Pastor of Holy Ghost Church.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend Zoning Ordinance No. 32-
75 Appendix "A" by reclassifying the
Ely 200' of the Sly 150' of Lot 1 of 2 of
Block 4; and the Ely 50' of Lot 3 of Lot 2
of Block 4 in Westchester Sub. from
OR-1 Office Residential to R-4 Residen,
tial District Classification, presented
and read. No wJ'il!ten 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 Brady. Carried the following
vote:
Yeas - Mayor Tully, Counci
Brady, Farrell, King.
Nays - None.
Absent - Counci
Members
Wertzber-
ger.
ORDINANCE NO. 45.78
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 HERE-
INAFTER DESCRIBED IN LOT 1 AND
LOT 3 OF LOT 1 OF BLOCK 4 IN
"WESTCHESTER SUBDIVISION" IN
THE CITY OF DUBUQUE, IOWA,
FROM OR.1 OFFICE.RESIDENTlAL
DISTRICT CLASSIFICATION TO R-4
RESIDENTIAL DISTRICT CLASSIF.
ICATION,
said Ordinance having been previously
presented and read at the Council Meet,
ing of July 3, 1978, presented for final
adoption.
ORDINANCE NO. 45.78
AN ORDINANCE OFTHE CITY OF DU.
BUQUE, IOWA PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF
DUBUQUE, IOWA BE AMENDED BY
Member
-~_'.""'_~~.;'''-~..":.Jr'''.~' ~
358 Special Session,J uly 17,1978
-
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