1977 September Council Proceedings
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452
Adjourned Re gular Session, S eptem ber 6,1977
CITY COUNCIL
OFFICIAL
Adjourned regular session Septem.
ber 6, 1977.
Council met at 7:30 P.M. (C.D.T.)
Present. Mayor Stackls, Council.
men Brady, Pregler, Tully, Wertzber.
ger. City Manager Gilbert D. Chave.
nelle.
Mayo, Stacki, cead the call and ,tated
that ,ervice thereof had been duly made
and this is AN ADJOURNED REGULAR
MEETING OF THE REGULAR MEET.
ING OF SEPTEMBER 5,1977 called fo,
the pocpose ofactin~upon such husine"
as may p,ope,]y cnme befoce the Meet.
ing.
Invocation was ~iven by Rev. Waite,
Hamel'. Pastor of Thi,d P,c,bytecian
Choceh. .
A Pmclamation p'oclaimin~ week of
Seplemb" 11 through 17th as "Du.
buque Symphooy Oceh"t", Weck" was
,'ead. appmved ""d siKned by Mayo,
Slackis.
Communication of Planning & Zooing
Commi,sion submilting mionles of tbeir
meetiog of Augusl17. 1977. presented
and read. Councilman Tul]y moved that
Ihe minutes be ,eceived ~nd filed. Se-
conded by Councilman Wertzbe'ge,.
Ca"ied by the fol]owiog volc",
Yea,-Mayoc Slackis. Councilmen
Brady, P,'egi"", Tully. Werlzhe'Ke,.
Nays-None.
Co;"munication of Ai'port Commis-
sion submitting minotes of their meet-
ing of Augu,t 11, 1977, presenled and
",ad. Councilman Tully moved that the
minutes he received and filed. Seconded
hy Councilman We,tzbe'ge,. Ca"ied hy
the following vote:
Yeas-Mayor Sbckis. Councilmen Brady.
Preg]e,. T~lIy. W"tzb"g", .
g~~~:~i:'ation of DMATS submit-
ting minutes of thCÜ' meeling of Aogust
25, 1977, presented and 'ead. Counci]-
man Tully moved that the minutes be re-
ceived and filed. Seconded hy Counci]-
man W"tzbe'g". Ca"ied hy the fo]-
]owingvote:
Y"",-Mayor Stackis. Councilmen Bmdy.
Pregler. Tully. We,tzb"g".
Nays-none.
Communication nf P]aygrnund &
Rec,cation Commission sohmilling min-
utes of their meeting of August 8,1977.
p,'esented and read. Councilman Tully
moved that the minutes be ",ceived and
filed. Seconded by Councilman We,tz-
he'ger. Ca",ied hy the following vote:
Yeas-Mayor Sbckis. Couneilmen Brady.
P,"g]"'. Tully, W"tzbe'geL
Nays-none.
Cummunicatinn nf Board nf Dock
Commissioners submitting minutes of
lhei, meetingol AugusI3.1977, p,"sent-
ed and read. Councilman Tully n
that the minutes he received ~nd
Secnnded by Councilman Wertzhcrger.
Ca",ied by tbe follnwing vote:
Yeas-Mayo, St;"kis, Councilmen Ikady,
Preg]". Tully. Wertzherger. .
Navs-none.
Co;"munication of Community Deve]-
opment Commission submitting minutes
of thei, meeting of August 9.1977, p,e-
sented and read. Councihnan Tully
moved that the minutes be received and
filed. Seconded by Councilman Wertz-
berg". Ca"ied by the following voleo
Yeas-May",' Stackis, Couoci]men Bmdy.
P,"gler. Tully. Werlzherger.
Nays-llOne.
Co;"munication of Five Flags Civic
Cent" Commiss;on suhmitting minute'
of their meeting nf August 23.1977. pre-
sented and read. Councilman Tully
moved that the minutes be ,eceived and
filed. Seconded hy Councilman Wedz-
b"ger. Ca",ied by the following vole:
Yeas-Mayo, Stackis. Councilmen Brady,
Pregle" Tully, We,.tzb""ge,.
Navs-none.
Co;"mnnication of Dubuque Citizens
Advisery Commission submitting min-
ut" of their meetingo! August 24, 1977,
p,"sented and ,ead. Councilman Tully
moved that the minutes be received and
filed. Secnnded by Councilman We,tz-
herg". Carried by the fnllowing vote:
Yeas-Mayor Slackis, Councilmen Brady,
P,"g]er. T;llIy, Wertzb"ger. .
Nays-none.
Communication of Duhuque Histo,i-
cal P,"sel'vation Commission submil-
ling minntes of thei,' meeting nf July 14
and August 11, 1977, presenled and
read. Councilman Tully moved Ihat the
minutes be ,eeeived a~d filed. Secnnded
by Councilman Wertzbcrger. Ca",icd by
the following vole:
Yeas-Mayo, Stackis. Councilmen Brady.
Pregler, Tully. Wertzbcrgc,.
Nays-none.
Communication of the Housing Com-
mission submitting minutes of thei,
meeting of August 16. 1977. p"senled
and "ad. Coum,i]man Tully moved thai
the minutes be ,"ceived and filed. Se-
conded hy Councilman Wertzhe'geL
Ca"ied by the following vote,
Yeas-Mayo, St"ckis. Councilmen Brady.
P"'g]", Tully. Wertzbergcr.
Nays-none.
Communication of the Iowa IJ.E.Q.
suhmitting wate" main extension cnn-
slrudion pe,mit fo, Theisen Addition,
presented and read. Coum:i]man Tully
moved that the communicatinn he re-
ceived nnd filed. Secnnded hy Council-
AdjournedRegularSession, September6,1977
453
man Wertzbe'ger. Carried by the fo]-
lowing vote:
Yeas-Mayor St;ockis, Councilmen Bmdy.
P,"gt", Tolly, W"tzberg".
Nays-none.
Communication of Gany Jo'gensen
et al requesting individual consideration
in viewing thei, individual situations
,"]ative to outside ,"sidency, p,"sented
and ,"ad. Councilman Pregler moved
tbat the communication be received and
filed and ref CITed to City Manager and
Staff to dr"ft O,dinance. Seconded by
Councilman Tnlly. Carried by the follow-
ing vote:
Yeas-Mayo, Stackis, Cooncihnen Preg-
]"" Tully. Wertzhc'g"'.
Nays-Counci]man Drady.
Communicatinn of William A. Con-
zett, attomey, representing Robert
Walser, requesting vacation of an alley
,unning no,th and south between 11th
& 12tb bounded by Jackson, Washing-
ton, 11th & 12th St,eets, presented and
read. Councilman Tully moved that the
communication be ,"Ierred to City
Manage,' and Staff for investigation and
,eport. Seconded by Councilman
Wcrtzberger. Ca"ied by the following
vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully. Wertzherg".
Nays-none.
Communication of Duhuque E]ect,ie
Motm Service Inc. indica ling a desire
to pu,cbase Lot 2 of Lot 4 of Block 1 of
Indust"a! Island located at Rooseve]1 &
Kerp" Blvd., p,e",nted and read.
Councilman Tully moved that the com-
munication be refe"ed to City Mana-
geI' and Staff fo, investigation and
repm!. Secooded by Councilman
Wertzbe'g". Carried by the following
vole:
Yeas-Mayo, Staekis, Councilmen Ikady.
Pregle,. Tully. W",tzb"ger.
Nays-oone.
Communication of Ai'po,t Commis-
sion advising of vacaocy on Ai'po,t
Commission and ,"commending reap-
pointment of Jeny Kopischke, pre",nt-
ed aod ",ad. Councilman Tully moved
thallhe communication be received and
filed and 'efe"ed 10 Council. Sel'onded
by Councilman W"tzbe'ger. .Ca"ied
by tbe following vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
P,"g]", Tully. Wertzb"ger.
Nays-none.
Commuoication of Housing Commis-
sion requesting necessa,y appoint-
ments to the Commi"ion in view of the
expimtion of terms of Ihl'ee memhers
effedive Augusl 17. 1977. p'esented
aod read. Councilman Tully moved tbat
lhe eommunication be ,eceivcd aod
filed and ",ferred to Couneil. Seconded
by Councilman Wertzherger. Ca"ied
by the following vote:
Yeas-Mayo, Stackis, Councilmen Brady,
Preg]", Tully, We,tzb"ger.
Nays-none.
Communication of Finance Di,ecto,
Heitzman ",questing a new positioo of
Account Clerk I in the Aceounting Sec-
tion, p,"sented and ",ad. Councilman
Pregler moved that the ,"quest be
app,oved. Seconded by Mayor Stackis.
C""ied by tbe following:
Yeas-Mayor Stackis, Councilmen Ikady,
p"'gl", Tully, Wertzb"g".
Nays-none.
August 30, 1977
To the Honomb]e Mayor and
Members of the City Council.
In accordaoce witb the provisions of
Chapt" 400 of the 1977 Code of Iowa,
tbe Civil Service Commission conduel-
ed examinations fo, tbe position of
Garage Antomotive Mechanics 00
August 11, 1977.
The following oamed p"sons have
passed the w,itten examination with an
av"age of 70% 0' better.
Neyens, Mark Anthony 77%
Decker, Louis A. 71.4%
Kelly, Steven J. 70%
Carolyn Fanell, B.V.M.
Joho E. Hess
Civil Se"ice Commission
ATTEST:
Leo 1-'. Fromme]t
Clerk
Subsc"bed and swom to befom me
this 30th day of August 1977.
f,ouise M. Ford
Not",y Public
Councilman Tully moved thaI the
communication be ,"ceived and filed
and made a malleI' of ,eco,d. Seconded
by Councilman Wertzherg". Canied
by the following vote:
Yeas-Mayo, SLockis, Councilmen Brady.
Preg]ec, Tully, We,tzberger.
Nays-none.
To tbe Honomb]e Mayor aod
Membe" of the City Council
In acco,dance with Ihe pl'Ovisions of
Chapter 400 of the 1977 Code of fowa,
tbe Civil Se"",e Commission conduct-
ed examinations for the position of
He"tiog Inspector f.
Two applil'aots took the lest and
both failed to produce a passing gmde
of 70%.
Cam]yn Fanell. B.V.M.
Chairpe"on
John E. Hess
Civil Se"ice Commissioo
ATTEST,
Leo 1-'. I,'mmml'li
Cll'rk
objecting to p,oposed o,dinance which
would p,ovide structure inspection
prior to any cea] estate sale and re-
qnesting to addcess the meeting. pre-
sented and ,ead.
Eric Schul, read a statement to
Ceuncil stating that the Real Estate
Boa,d voted in opposition to provide
structure inspection prior to cea] estate
sales. Councilman 'fully moved that the
communication and statement nf Eric
Schulz be received and filed. Seconded
by Councilman W"tzbergH. Ca"ied
hy the following vote:
Yeas-Mayo, Sbckis, Councilmen lkady,
P,egb, Tully, We,tzbe'ger.
Nays-none.
Communicatioll'of C.J. Bue]ow, as an
o¡¡;c" of a local financial institution,
requesting pc,mission to add'ess Coun-
cil on p,oposcd Ordinance rcquiring
City inspcction prio, to sale of rea]
estate, presented and cead.
C.J. Bue]ow spoke to the communica-
tion.
Councilman Tully moved that the
communication be ",ccived and filed.
Seconded byCouncl]man Wertzberg".
Ca"ied by the following vote:
Yeas-Mayor Stackis, Councilmen Bmdy,
Preg]", Tully, W"tzb"g",
Nays-none.
Communication of M..J. O'Neill sug-
'gestiñg considemtion to change the
speed limit m thc sign posting indicat-
ing speed limit changes on J.F.K. Road
fo, vehicles heading south toward Ken-
ncdy Mall, p,csentcd and cead. Council-
man Wertzberger moved that the com-
munication be ceceived and filed and
cefe"ed to City Manager and traffic
depa,tmcnt. Seconded by Coundlman
Pregler, Carried by the following votc:
Y cas-Mayor Stackis. Councilmen Brady,
PreglH. Tully, WHtzbc'gcL
Nays-none.
454
Adjourned Regular Sessi<>n, S"!'tember 6,1977
Adjourned Regular Session, September6,1977
455
Subscribed and' swom to before me
this 30th day of August 1977.
Louisc M. Ford,
Not"'y Puhlic
Councilman Tully moved that thc
communication be received and fi]cd
and madc a matter of ,eco,d. Seconded
by Councilman WHtzb"g"'. Carried
by tbe following vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
Pregler, Tully, W"tzb"ger.
Nays-none.
Council P,occcdings fur the montb of
April, 1977, presented for .approval.
Councilman Tully moved that the pro-
ceedings he app,oved as printed. Se-
conded by Councilman Wertzb"'g"'.
Ca"ied by thc following vote:
Yeas-Mayor Sbckis. Councilmen Brady,
P,cgl", Tully, W"tzb"ger.
Nays-none.
Proofs of Publication, certified to hy
thc Publishc" of Notice of Hearings for
Community Deve]opment Block 1"0-
gram covering acquisition of Site fm
relocation of Fire House #1, Neighbo,-
hood P",ks Acquisition. Re]ocation of
Sanita,y Sew" ¡,ines; also Public
Noticc of tmnsfc, of Revenoc Sh",ing
Funds to Iowa Street Pa,king Ramp
Fund in the amount of $553,960" pre-
sented and read. Councilman Tullv
moved that the p,oofs be ceceived and
filcd. Seconded by Councilman Wertz-
bc'gc,. Ca"ied by the following vote:
Y cas-Mayor Sbckis, Cooncilmeo B,ady,
Pregler, Tully, We,tzberg".
Nays-none.
Communication of United Ass'n. of
Joumeymcn & Apprcntices of the
Plumbing & Pipe Fitting Indust,y by
Bill Herrig, urging the continuance of
enfo,cement of thc boil ding codes. pre-
scnted and read,
Counci]mao Pregler moved to sus-
pend the ,u]es to let anyone pre",nt
addcess the Council if thev so desire.
Seconded by Councilman T~lIy. Ca,ried
by the following vote:
Yeas-Mayor Stackis, Councilmen Bmdy.
Pregler, Tully, W"tzbHgc,.
Nays-none.
Wm. Miller spoke to Council stating
Present codes ",e good: Requesting
equal codes. Councilman Tully moved
that thc communication of United
Ass'n. of Joumeymen & Apprentices he
",ccivcd and filed and referred to
various organizations. Seconded by
Councilman Wertzb"ger. Carried by
the following vote:
Yeas-Mayor Sbckis, Coom,ilmcn Brady,
P,egb, Tully, Wertzbe'ger.
Nays-none.
Communication of Eric A. Schulz. a
member of Dubuque Boa,d of Rcaltors
sented and read. Councilman W crtzber-
ger moved that the proof of publication
bc received and filcd. Seconded by
Conncllman Pregler. Carried by thc fol-
lowing vote:
Yeas-Mayor Sbclcis, Councilmen Brady,
PceglH, Tully, W"tzberger.
Nays-none.
Angust 29, 1977
Honombte Mayo, and
Members of the City Council
In acco,dance with Council Resolu-
tion No. 251-77, the Financial Audits
beginning .Juty 1, 1976 through June 30,
1977, fo, the Iowa P",king Facilities
and thc Muuicipa] Sewage Disposa]
Works and Facilities have been com-
p]eted and are herewith sobmittcd.
Additionat copies are available from
the Finance Dicecto, upon cequest.
Gilbe't D. Chavenelle
City Manager
Councilman Wertzb"ger movcd tbat
the communication be ceceived and
filed. Seconded by Councilman PcegiH.
Carried by the following vote:
Ycas-Mayo, Stackis, Councilmen Brady,
Pregle" Tully, We,tzbHg",
Nays-none.
To the Ifonombte Mayo, and
Members of the City Council
We hereby submit "Applications fm
Tax Exemption on Agricu]tuml °' Hm-
ticultuml Land" located within the City
limits.
Ag,icu]lural lands as used in Chapter
426.2 shall include all tracts of land of
ten aues 0' mme, and not laid off into
lots of tess than ten aues 0' divided by
streets and alleys into parcels of less
than ten aues, lying within any schoo]
co,pomtion in this State and in good
faith used fo' ag,.;cu]tum] °' hmticu]tu-
ml pu'poses.
This list musl be filed with the
County Audito, fo, p,oper execotion
fo, the benefit of ",fund, f,om the
State.
August 23, 1977
Honomb]c Mayor and
City Council
I herewith submit the reports of the
City T"asoc". Financc Di"cto"
Wat" SupHintcndent, Hea]th Depa,t-
ment, as well as a ]ist of claims paid, for
the month of Ju]y. 1977.
Gilb",t D. Chavcnelle
City Mana~er
Councilman W c,tzh"g" moved that
the communi<:ation be rc<:eived and
filed. Seconded by Councilman Preg]".
Carried by the following vote:
Yea,-Mayo, Stacki" Councilmen Brady,
P"g]", Tully, Wc,.tzbe'R"'.
Nays-none.
P,oof of Pub]i<:ation. certified to hy
the Pohlisher of Receipts and F;xpendi-
tores fo, the month of .Iu]y, 1977, pre-
GilbHt D. Chavenelle
City Manag"
Councilman W Htzb"ger moved that
the communication be received and
filed and app,'oved. Second cd by Coun-
cilman Pregler. Carried by tbe follow-
ing vote:
Yeas-Mayo, Stackis. Councilmen Brady,
P"g]er, Tully, Wertzbe'g".
Nays-none.
August 15, 1977
Honomb]e Mayo, and
City Council
I am returning to you the petition of
William P. Meye" fo, the vacation of
the southedy 150 feet of Ruth St,eet. I
recommend that this portion of Ruth
Street be vacated and the p,operty con-
veyed to M,. Meyers on the followin~
conditions:
Fi"t: that none of the abutters on
Ruth Street object to the vacation.
Second: that the petitionH will have
the plot su,veyed at his expense.
Thi,d: that the petition" will pny the
cost of pnblishing notices plus $200 to
cover city expense.
Fourth: that as far as concerns the
petitioner, the remaining portion of
Ruth St,eet will not be improved by the
city.
GHhe,t D. Chavenelle
City Manager
Councilman Wertzbe'ge, moved that
the recommendation be app,'oved. Se-
conded hy Councilman P"g]er. Carried
by the following vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
Pregler, Tully, WHtzberge,.
Nays-none.
Angust 26, 1977
Honorab]e Mayo, and
City Council
I submit to you a contmct between
the Dubuque Police Dep"'tment and
the State Dcp",tment of Public Safety
for continuing the Alcohol Safety
Action P,"gmm for the pedod October
1. 1977 tb,ough Septemhe, 30, 1978.
Under the contmct the state will pay
fo, the services of two patrotmen and
one s"geant plus equipment for a total
of $58,226.00. The city will pay the cost
of vehicle maintenance.
The p,ogram is p,ovided for in the
FY 1978 budget except that the new
contmct p,ovides fo, state payment of
100% of personnel costs mther than
70% anticipated in the budget.
I recommend that Chief O'Bden be
authodzed to sign the contract.
Gilbert D. Chavenelle
City Manag"
Councilman W e,tzb"ge, moved that
the recommendation be app,oved. Se-
conded by Councilman Pregler. Ca"ied
by the following vote:
Y cas-Mayo, Sbckis, Councilmen B,ady,
Pregler, Tully, Wertzberger.
Nays-none.
August 22, 1977
Honorab]e Mayor and
City Council
On March 9, 1977. claim was filed
against the City of Dubuque. Iowa in an
unstated amount by Mrs. Bernice Leute
of 206 E. 13th Street. this city, and
claiming personal injudes occurring on
March 9, 1977 as the result of a fall due
to tripping on raised edge of sidewalk
at the eorne, of 13th and Iowa Streets
in the City of Dubuque.
Tbis matter was referred to the City
Attorney, who has made an investiga-
456
AdjournedRegular Session, September6,1977
tion thereof, and has conferred with the
claimant who advises that shesuffered
a eracked rih and incurred medical
expenses of $137.75: said claimant has
made an offer of settlement of said
claim in the amount of $69.45. In view of
foregoing, it is the recommendation of
the City Attorney that said offer of
settlement be accepted, and the City
Auditor be instructed to draw warnnt
payable to Bernice Leute in the amount
of $69045 and transmit same to the City
Attorney fo, delivery upon receipt of
duty executed reteases.
Originat claim is returned h"ewith.
R.N. Russo
City Attorney
Councilman Tully moved that the
recommendation be approved and City
Auditor directed to issue proper wa,-
rant. Seconded by Councilman Wertz-
bergeI'. C.,ried by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Claim of Jody L. Welu, in
the amount of $57.39 fo, car damage
incurred as the ,"suit of d,iving into
broken glass in the Iowa & Fourth
Street Parking Lot on August 16,1977,
presented and read. Councilman Tully
moved that the Notice of Claim be re-
fer,"d to the City Solicito, for investi-
gation and report. Seconded by Council-
man W"tzb"g". C.,ried by the fo]-
lowing vote:
Yeas-Mayor Stackis, Councilmen Bmdy,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Ctaim of Dubuqne Bank &
Trnst Company, conservato, of the es-
tate of James J. Doyte, in the amount of
$523.89, fm damage to home at 682
Dodge Skeet due to uegligenl failure to
shut off wat" main when ,"quested by
homeowner, p,eseuted and read. Coun-
ci]man Tully moved that thc Notice of
Claim he refe"ed to the City Solicitor
for investigation and ,"po,t. Seconded
by Councilman We,.tzbe'ge,. Ca"ied
by the follnwing vote:
Yeas-Mayor Stackis, Councilmen Bmdy,
P,"g]er. Tnlly, Wertzberger.
Nays-none.
Notice of Claim of Deborah Ann Hall,
in the amount of $25,000., for personal
injuries ,cceived at the bands of a uni-
formed policeman wielding a nitestick
at Petrakis Park on July 21, 1977, pre-
sented and ,"ad. Cnuncilman Tully
movcd that the Notice of Claim be ,~-
ferred to the City Solicit"" fo, investi-
gation and report. Seconded by Council-
man Wertz bergeI'. Ca"ied by the fol-
lowing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzb"g".
Nays-none.
Notice of Claim of Gerald W. Neu-
haus, in the amount of $265., in small
claims enurt, for tabor, material and
damage as the result of a backed-up
sewer into his home at 820 Mt. Loretta
Ave. on December 8, 1976, presented
and read. Councilman Tully moved that
the Notice of Claim be referred to the
City Solicitor for investigation and
report. Seconded by Councilman Wo,tz-
berg". Carried by thc following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregter, Tully, Wertzb"ger.
Nays-none.
Noticc of Claim of Mike Rohner, in an
estimated amount of $90.95 for mo-
torcycle damage incur,"d as the result
of striking a hole in the street at 90 S.
Locust St. on August 21, 1977, p,esent-
ed and read. Councilman Tully moved
that the Notice of Claim be refe"ed to
the City Solicitm for investigation and
,eport. Seconded by Councilman W"tz-
berger. Carried by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregl", Tully, Wertzberger.
Nays-none;
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to ,"classify Lot 13 and Lot 14 in
Block 1 and a portion of Lot 2 of 1 of 1
and a portion of Lot 2 of Lot 15 all io
m"h Acres f,om R-3 to R-2 Residential
Distdct Classification, presented and
read. No wdtten objections were filed
and no oral objectors we," present in
thc Council Chamber at the time set for
the hearing. Councilman Tully moved
that the proof of publication be ,"ceived
and filed. Seconded by Councilman
Wertzb"ger. Carried by the following
vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
P"gler, Tully, Wertzb"gcr.
Nays-none.
ORDINANCE NO. 58.77
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32.75,
KNOWN AS THE "ZONING ORDI.
NANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, IOWA", SO AS
TO RECLASSIFY HEREINAFTER DE.
SCRIBED PROPERTY IN "BIRCH
ACRES" SUBDIVISION iN THE CITY
OF DUBUQUE,IOWA, FROM R-3 RES.
IDENTtAL DtSTRICT CLASStFICA.
TlON TO R.2 RESIDENTIAL DISTRICT
CLASSIF1CATION,
said Ordinancc having been previously
presented and read at the Council
Meeting of August I, 1977, presented
for final adoption.
AdjournedReguiarSession,September6,1977 457
ORDINANCE NO. 58.77 Published officially in the Telegmph
AN ORDINANCE AMENDING AND Hemld Newspaper this 12th day of
CHANGING ORDINANCE NO. 32.75, Septemb" 1.977.
KNOWN AS THE "ZONING ORDI. Leo F.
NANCE AND ZONING MAP OF THE Clerk
CITY OF DUBUQUE, IOWA," SO AS 1t.9112
TO RECLASSIFY HEREINAFTER DE. Councilman Tolly moved final adop-
SCRIBED PROPERTY IN "BIRTH tion of the O,dinance. Seconded by
ACRES" SUBDIVISION IN THE CITY Councilman Wertzb"ger. Ca"icd by
OF DUBUQUE, IOWA, FROM R.3 the following vote:
RESIDENTIAL DISTRICT CLASStFI. Yeas-Mayo, Stackis, Cooncilmen Brady,
CATION TO R.2 RESIDENTIAL DIS. P,"gl", Tully, Wertz berg".
TRICT CLASSIFICATION. Nays-none.
NOW THEREFORE BE IT ORDAI. Proof of Publication, ee,tified by the
NED BY THE CITY COUNCIL OF THE Publisher, of Notice of Public Hearing
CITY OF DUBUQUE, IOWA: to roclassify portions of thc Edwards
Section 1. That Ordinance No. 32-75, I'rope,'ly known '" Pal,'icia Anne Suhdi-
known as the "Zoning Ordinance and vision fo, AG AK,'icoltllra] Di,trid to
Zoning Map the City of Dubuque, R-2 and R-4 Residential Distdct C]assi-
Iowa'; be the samc is hcreby fications, p,"sented and ,"ad. No w,it-
amended by changing from "R-3" Resi- ten objections we," filed and no ora]
dential District" etas,;fieation to "R-2 objccto", we," p,"scnt in the Council
Residential Dist'riet" eta"ifi,"t;,m thc Cham her at the time set fo, the
described real estate. to wit, henring. Councilman Tully moved that
Lot and Lot 14 of Block 1 of tbe p,oof of puhlication be ,",ocived and
"Bi,,/¡ Acres", and. A portion of filed. Seconded hy CooncHman W"tz-
Lot 2 of Lot 1 0/ I"" 1 0/ "Ii in'/¡ berger. Ca"ied by the foliowinK vote:
Acres". and a p",tion of Lot 2 0/ Yeas-Mayo, Sbckis. Councilmen Brady,
Lot 15 of Block 1 of"Birch Acrcs'; Pregler, Tully, WertzbergeL
in the City of Dubuque. Iowa, as Nays-nonc.
follow", Commencing at the North- ORDINANCE NO. 59.77
west ""n" of Lot 14 1 in AN ORDtNANCE OF THE CITY OF
Iiirch A"es at the DUBUQUE, IOWA, PROVlDtNG THAT
line 0/ Fremont Avenue; THE CODE OF ORDINANCES, CITY
Northwestcrly 647.75 on thc OF DUBUQUE, IOWA BE AMENDED
north"ly right-of-way of F,,- BY REVISING APPENDIX A THERE.
mont A venue; thence Rast North- OF ALSO KNOWN AS THE "ZONING
easterly 230 feet; thence Southerly OR'DINANCE AND ZONING MAP OF
675.07 fcet along a line parallel to THE CITY OF DUBUQUE, IOWA", BY
the Northerly right-of-way line of RECLASStFYtNG PORTIONS OF THE
F"mont A venue to a point of in- EDWARDS' PROPERTY KNOWN AS
tersection at the Northea,st corner PATRICIA ANNE SUBDIVISION,
No,th lioe 13 FROM AG AGRICULTURAL DISTRICT
of Rinh TO R-2 RESIDENT]AL DISTRICT AND
the North R.4 RESIDENTIAL DISTRICT CLASSI.
1 FICATION,
said Ordinance
aad
of
thIS
Iwen
at t
1, ]977, preseoted
ORDINANCE NO. 59-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORD]NANCES, CITY
OF DUBUQUE, IOWA BE AMENDED
BY REVISING APPENDIX A THERE.
OF ALSO KNOWN AS THE "ZONING
OR'oINANCE AND ZONING MAP OF
THE C]TY OF DUBUQUE, IOWA," BY
RECLASS]FY]NG PORTIONS OF THE
EDWARDS' PROPERTY KNOWN AS
PATR]CIA ANNE SUBDIVISION,
FROM AG AGRICULTURAL DISTR]CT
TO R.2 RESIDENTIAL DISTRICT AND
R.4 RES]DENTIAL DISTRICT CLASSI-
FICATION.
Rmii Stackis
Mayor
Thom'".s A. Jr
Richard
Jamp.s g
Walt" A.
Coancilmen
ATTEST:
Leo F. Frommelt
City Clerk
456
Adjourned Regular Session, September 6,1977
AdjournedReguiarSession,September6,1977 457
ORDINANCE NO. 58.77 in the Telegraph
AN ORDINANCE AMENDING AND 12th day of
CHANGING ORDINANCE NO. 32.75,
KNOWN AS THE "ZONING ORDI. Lco F.
NANCE AND ZONING MAP OF THE (:fer/;
CITY OF DUBUQUE, IOWA," SO AS 1f.9/12
TO RECLASSIFY HEREtNAFTER DE. Councilman Tully moved final adop-
SCRIBED PROPERTY IN "BIRTH tion of the O,dinance. Seconded hy
ACRES" SUBDIVISION IN THE CITY Councilman W"tzb"g", Ca"ied hy
OF DUBUQUE, IOWA, FROM R.3 tbe following vote:
RESIDENTIAL DISTRICT CLASSIFI. Yeas-Mayo, S~"kis, Couoci]men Bmdy.
CATION TO R.2 RESIDENTIAL DlS. Pcegler, Tully, Wertzberger.
TRICT CLASSIFICATION. Nays-none.
NOW THEREFORE BE IT ORDAI. Proof of Publication, ce,Wied by the
NED BY THE CITY COUNCIL OF THE Publish", of Notice of Public Hea,ing
CITY OF DUBUQUE, IOWA: to cec]assify po,tions of the Edwa,ds
Section 1. That Ordinance No. Property known as Patdcia Anne Suhni
known as the "Zoning Ordinance vision lor AG Agrieullu,al Distrid to
Zoning Map of the City of Dnbuqne. R-2 aod R-4 Residentia] Dist,ict C]assi-
Iowa", be and the .,nme is hereby fications, p,cscnted and cead, No w,it-
amended "R-3" Resi- ten objectioos w"e filed and no 0,"1
dential to "R-2 objecto," we" p,cscnt in the Cooocil
Residcntwl D1.stnct" the Chamher at the lime ,pt lor the
de.mibed ,"01 e.,tote, to wit.. headng. Councilman Tullv movcd that
Lot and Lot 14 of Block 1 the p,oof of puhlicatioa be received and
"Bi"h A"es':. and, A portion filed. Seconded by Councilman Wertz-
L"t 2 "r L,,' 1 of L"t 1 0.1 berger. Carded by the fnllowing vote.
Acres", and a of Lot 2 of Yeas-Mayo, Stackis. Couocilmen B,ady.
Lot 15 of "Birch Acres': Pceg]e" Tully, Wert"b"'geL
in the of Dubuquc. as Nays-none.
rollo"".. the ORD]NANCE NO. 59.77
we.,t """" of Lot of Block 1 in AN ORDINANCE OF THE CITY OF
Birch A"e, at the right-aI-way DUBUQUE, IOWA, PROVIDING THAT
line of Fremont Avenue; thence THE CODE OF OBDINANCES, CITY
Northwesterly 647.75 on the OF DUBUQUE, IOWA BE AMENDED
northerly right-aI-way of Fre- BY REVISING APPENDIX A THERE-
mont A venue; thence Ea't Nm.th- OF, ALSO KNOWN AS THE "ZONING
ea'terly 23O fee t; thence Southerly ORDINANCE AND ZONING MAP OF
675.07 feet atong a line parallel to THE CITY OF DUBUQUE, IOWA", BY
the Northerty right-of-way line of RECLASSIFYING PORTIONS OF THE
Fremont Avenue 1.0 a point of in- EDWARDS' PROPERTY KNOWN AS
tenedion at the Northea,'t co'ner PATRICIA ANNE SUBDIVISION,
of the No,th I1ne of Lot 13 of Blod, FROM AG AGRICULTURAL DISTRICT
1 of Birch Acres; thence Easterly TO R.2 RESIDENTIAL DISTRICT AND
along the North tine of Lot 13 and R.4 RESIDENTIAL DISTRICT CLASS I.
Lot 14 of Block 1 of Birch Acres a FICATION
distance of 204.14 feet, to the point said O,din~nce having been p,"vious]y
of beginning, and co.ntaining 3.34. p,esented and "ad at the Council
acres, more or Ie", '" the Crty oj Meeting of August 1, 1977, p"sented
Dubuque, Iowa. for final adoption.
Section 2. That the foregoing
amendment has heretofore been app'"-
oed by the Planning and Zoning Com-
mission of the City of Dubuque, Iowa.
Passed, approved and adopted thi.,
6th day of September, 1977.
tion thereof, and has conferred with the
claimant who advises that sh"suffered
a cracked db and incurred medical
expenses of $137.75; said claimant has
made an offer of settlement of said
claim in the amount of $69.45. In view of
foregoing, it is the recommendation of
the City Attorney that said offer of
settlement be accepted, and the City
Auditor be instructed to dmw wa"ant
payable to Bernice Leute in the amount
of $69.45 and transmit same to the City
Attorney for delivery upon receipt of
duly executed releases.
Odgina] claim is retumed herewith.
R.N. Russo
City Attomey
Councilman Tully moved that the
recommendation be approved and City
Auditor directed to issue proper w,,-
rant. Seconded by Councilman Wertz-
berger. Ca"ied by the following vote:
Yeas-Mayo, Sbckis. Councilmen Bmdy,
Pceg]", Tully, Wertzherger.
Nays-none.
Notice of Claim of Jody L. Welu, in
the amount of $57.39 for car damage
incurred as the resutt of driving into
b,oken glass in the Iowa & Fou,th
St,eet P"king Lot on August 16, 1977,
presented and read. Councilman Tully
moved that the Notice of Ctaim be ,,-
ferred to the City Solicitor fo, investi-
gation and report. Seconded by Council-
man Wertzberger. Carded by the fo]-
lowing vote:
Yeas-Mayo, Stackis, Councilmen Brady,
Pregler, Tully, Wertzberg".
Nays-none.
Notice of Claim of Dubuque Bank &
Trust Company, conservator of the es-
tate of James J. Doyle, in the amount of
$523.39, for damage to home at 682
Dodge Street due to negligent failure to
shut off water main when requested by
homeown", pcesented and read. Coun-
cilman Tully moved that tbe Notice of
Claim be referred to the City Solicitor
for investigation and repo,t. Seconded
by Councilman W"tzberger. Ca"ied
by thc following vote:
Yeas-Mayo, Sbckis, Councilmen Ikady,
Pregter, Tully, Wertzberger.
Nays-none.
Notice of Claim of Dehorah Ann Hall,
in the amount of $25,000., for personal
injuries received at the hands of a uni-
formed policeman wietding a nitestick
at Petmkis p"k on July 21, 1977, pce-
sented aod cead. Councilman Tully
moved that the Notice of Ctaim be ce-
ferred to the City So]ieitor fa, investi-
gation and ceport. Seconded by Council-
man Wertzberg". Carded by the fo]-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregl", Tully, Wertzberg".
Nays-none.
Notice of Claim of Gera]d W. Neu-
haus, in the amount of $265.. in small
claims court, for labor, material and
damage as the result of a backed-up
sewer into his home at 820 Mt. Loretta
Ave. on December 8, 1976, pcesented
and cead. Councilman Tully moved that
the Notice of Claim be referred to the
City Solicitor fo, investigation and
report. Seconded by Councilman Wertz-
berger. Carried by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Claim of Mike Rohner, in an
estimated amount of $90.95 for mo-
torcycle damage incurred as the resutt
of stdking a hote in the street at 90 S.
Locust St. on August 21, 1977, p"sent-
ed and read. Couneilmau Tully moved
that the Notice of Claim be referred to
the City Solicitor fo, investigation and
report. Seconded by Councilman Wertz-
berg". Carded by the following vote:
Yeas-Mayor S~,ckis, Councilmen Brady,
Pregter, Tully, Wertzb"geL
Nays-none.
Proof of Publication, certified to by
the Publisher, of Notice of Public He,,-
ing to reclassify Lot 13 and Lot 14 in
Block 1 and a portion of Lot 2 of 1 of 1
and a po,tion of Lot 2 of Lot 15 all in
m"h Acres from R-3 to R-2 Residentia]
District Classification, presented and
read. No w,itten objections were filcd
and no omt objectors wece present in
the Council Chamber at the time set for
the hearing. Councilman Tully moved
that the proof of publication be ,"ceived
and filed. Seconded by Councilman
Wertzberger. Carried by the following
vote:
Yeas-Mayo, Stackis, Councilmen Bmdy,
Pregler, Tully, W"tzberger.
Nays-none.
ORDINANCE NO. 58.77
AN ORDINANCE AMENDING AND
CHANGING ORDINANCE NO. 32.75,
KNOWN AS THE "ZONING ORDI.
NANCE AND ZONING MAP OF THE
CITY OF DUBUQUE, tOW A", SO AS
TO RECLASSIFY HEREINAFTER DE.
SCRIBED PROPERTY IN "BIRCH
ACRES" SUBDIVISION IN THE CITY
OF DUBUQUE, IOWA, FROM R-3 RES.
IDENTIAL DISTRICT CLASSIFICA.
TtON TO R.2 RESIDENTIAL DtSTBICT
CLASSIFICATION,
said O,dinance haviog been previously
presented and read at the Council
Meeting of August 1, 1977, pcesented
for final adoption.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
Jamcs E. Brady
Walter A. Pregb
Councilmen
ATTEST..
Leo F. Frommelt
City Cleric
ORDINANCE NO. 59.77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVlDtNG 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 PORTIONS OF THE
EDWARDS' PROPERTY KNOWN AS
PATRICIA ANNE SUBDIVISION,
FROM AG AGRICULTURAL DISTRICT
TO R.2 RESIDENTIAL DISTRICT AND
R.4 RESIDENTIAL DISTRICT CLASSI.
FICATION.
point; thence North 52 1,0 feet
West approximatety 230 feet to a
point; thence Nort/, 38 19 feet
West approximately 170 feet to a
point; thence Nvrth 01, 1,1 feet
West approximately 9.' feet to a
point; thence Easterly along the
South line of Lot 1 of Lot 1 of Lot 1
of Duggan Farm approximately 170
feet to the point of beginning, all
lying in the City of Dubuque, Iowa
Section 2. That the Code of Ordi.
nances of the City of Dubuque, Iowa, be
amended by rdvisng Appendix A there-
of, also known as the "Zoning Ordi-
nance and Zoning Map of the City of
Dubuque, Iowa" to reelassify hereina!-
ter described property from "AG Agri-
culturalDistrict" classification to '11-1,"
Residential District" classification, the
following de..cribed real estate. to wit;
Lot 2 of Lot 1 of Lot 1 of Duggan
Farm, Lot 2 of Lot 1 of Mineral Lot
1,98 and Lot 2 of Lot 1 of Lot 1 of
Mineral Lot 1,98 in Section 2 Town-
ship 88, Range 2 East of the 5th
Principal Meridian,' and part of Lot
1 of Lot 1 of Lot 1 of Duggan Farm
and part of Lot 1 of Lot 1 of Lot 1 at
Mineral Lot 1,98 in Section 2
Township 88, Range 2 Easl of the
5th Principal Meridian, and more
particularly described as follows;
Beginning 25 feet East of the
Northeast corner of Lot 2 of Lot 1
of Lot 1 of Mineral Lot 1,98 and the
centerline of Edwards D,ive, in
Section 2. Township 88 North,
range 2 East of lhe 5th Principal
Meridian in the City of Dubuque.
Iowa,' thence South I, 1,1 feet East
approximately 690 feet along the
centerline of Edwards Road: thence
85 19 feet West approximately3W
feet to a point; thence North 521,0
feet West app,oximately 230 feet
to a point; thence No,th 38 19 feet
Eo..t approximately 170 feet to a
point; thence North 01, 1,1 fect
Wed approximately 805 feet to a
point; thence N",th 81, 1,1 feet
West approximately 35 feet to a
point; thence North 0118 fed East
200 feet to the
Black 2 of Lot
lama""""
o.lom1 Ii",
5, ""d
Hvno,able Mayo,
and Councilmen
At your September 6, 1977, meeting,
you will have a puhlic hearing on a pro-
posed o,dinance amending the list of
permitted uses in the C-3 Mteria] Busi-
ness Distdct. The o,dinancc now before
you contains a potentially t,ouh]esome
duplication in its sepamte listing of re-
tail sporting goods stv'es and retail ap-
p"cI stores as permitted uses IItems 16
and 17 of the Pdncipal Permitted Uses!.
The authority to establish those two
458
Adjourned Regular Session, September 6,1977
Adjourned Regular Session. September6,1977
459
NOW THEREFORE BE IT ORDAIN.
ED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordi.
nanees of the City of Dubuque, Iowa, be
amended by revising Appendix A
thereof, also known as the "Zoning
Ordinance and Zoning Map of the City
of Dubuque, Iowa, "to reda"ify herein-
after described property from "AG
Agricultural Dist,ict" da"ifieation to
"R-2 Residential District" da."ifica-
tion, the following described real
estate, to wit;
Lot I-A of Block #3 of Parkland
Ridge; Lot 1 of 1 of 1 of Duggan
Farm, excluding the following po,-
tion; beginning at the Southwest
corner of Lot 2 of Lot 1 of 1 of Dug-
gan Farm in Section 2, Township
88 North, Range East of the 5th
Principal Meridian in the City of
Dubuque, Iowa; thence Westerly
along the South line of Lot 1 of Lot
1 of Lot 1 of Duggan Farm, approx-
imately 170 feet to a point; thencc
North 01, 1,1 fect West approximate-
ly 210 feet to a point; thence North
84 1,1 fcet West approximately 3.,
feet to a point; thence N,wth 0118
feet East approximately 200 feet to
the South line of Lot 1,. Block 2 of
Lot 1 of Lot 1 of Lot 2 of Lot 1 of
Duggan Farm; thence Easterly a-
long the South line of Lot I, and Lot
5 of Block 2andLot I-A of Block 3
of Lot 1 of Lot 1 of Lot 2 of Lot 1 of
Duggan Farm to the West ,ight-o!-
way line of Edwards' Road; thence
"""'hO441.""'lf;".sl"p¡,,,,,xinml,'-
1"2111/eell""I',,inl;lhn,,',,80411
/",'1 W".sl "PI"",x"nolel"
I"" 1"""'; Ih""", "",eth 04
Þ:n.sl 01'1'"".<'i",01"1/175.1<"" 10 /I",
to the point of beginning; Lot 2 of
the Northeast 'I; of the Northwest
froctional '/, and Lot 2 of Lot 2 of
Mineral Lot 4.98, all in Section 2,
Township 88 No,th. Range 2 East
of the 5th P,incipal Meridian; That
portion of Minerat Lot 498 in Sec-
tion 2, Township 88 North, Range 2
East of the Mh Principal Meridian,
excluding the following portion;
beginning at the Southwest corner
of Lot 2 of Lot 1 ofI,ot 1 of Duggan
Farm in Section 2, Township 88
North. range 2 East of the 5th
Principal M"idiar" thence South.
41 Feet East approximately 3.50
to thence North 8.5 1.9
to
Section 3. That said territories have
become apart of the Thirteenth Voting
Precinct of the City of Dubuque, Iowa.
Section 4. That the foregoing
amendments have heretofore been
approved by the Planning and Zoning
Commi"ion of the City of Dubuque,
Iowa.
Pa"ed, adopted, and approved this
6th day of September 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST;
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper t/¡-is 12th day of
September 1977.
Leo F. Frommelt
CityCblr
119/12
Councilman Tully moved final adop-
tion of the Ordin.ance. Seconded by
Councilman Wertzberger. Carried by
the following vote;
Yeas-MayorStackis, Coum.'ilmenBrady,
Pregler. Tully, Wertzberger.
Nays-none.
Proof of Puhlieation, certified to by
the Publish", of Notice of Public lIea,-
ing to amend City Code of O,dinances
by revising Appendix A thereof by re-
pealing Section 4-114.2 thereof and en-
acting a new Section 4-114.2 in lieu
thereof providing fo, principal permit-
ted uses in the C-3 A,tedal Business
Commercial District, presented and
read. No written objections were fHed
and no ora] objecto," were present in
the Council Chamber at the time set for
the bearing. Councilman Wertzb"ger
moved that the p,oof of publieation be
"ceived and fHcd. Seconded by Coun-
cilman Pregler. Ca"ied by the follow-
ing vote:
Yeas-Mayo, Stackis, Councilmen Brady,
P"g]er, Tully, Wertzberger.
Nays-none.
August 31, 1977
uses is also contained in Item 2 of the
list, which "fers to the uses of the C-l
Commercia] Distdct as also pemitted
in the C-3 Distdct. Reference to the two
uses in that section provides for an en-
forceabte size limitation, which we feel
is important to the C-3 Diskict and to
the smaller scale shipping facilities that
the district is intended to accommo-
date.
Beeause of this duplicate listing, we
request that you amend the ordinance
enacting a new Section 4-114.2 by st,ik-
ing Items 16 and 17 prior to final adop-
tion of that o,dinance.
Danie] Dittemore
Directo, of Community Deve]opment
Councilman W"tzh"ger moved that
the request he approved. Seconded hy
Councilman Preg]". Carded by the fo]-
towing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, W"tzherger.
Nays-none.
ORDINANCE 60-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCE, CITY OF
DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING OR.
DINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
REPEALING SECTION 4-114.2
THEREOF, AND BY ENACTING A
NEW SECTION 4-114.2 IN LIEU
THEREOF PROVIDING FOR PRINCI-
PAL PERMITTED USES IN THE C.3
ARTERIAL BUSINESS COMMERCIAL
DISTRICT,
said mdinance having been p"vious]y
p"sented and "ad at the coancil meet-
ing of August 1, 1977, p"sented for
final adoption.
ORDINANCE NO. 60-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCE, CITY OF
DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE "ZONING OR.
DINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
REPEALING SECTION 4.114.2
THEREOF AND BY ENACTING A
NEW SECTION 4.114.2 IN LIEU
THEREOF PROVIDING FOR PRINCI-
PAL PERMITTED USES IN THE C.3
ARTERIAL BUSINESS COMMERCIAL
DISTRICT
NOW THEREFORE BE IT ORDAiN-
ED BY THE CITYCOUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the Cod, of Ordi-
nances of the City of Dubuque, Iowa be
amended by ,"vÜiny Appendix A
AdjournedReguiarSession,September6,1977 461
NOW THEREFORE BE IT ORDAIN. vicinity map showing all of the p'ope'-
ED BY THE CITY COUNCIL OF THE ties demibed is attached, as well as
CITY OF DUBUQUE, IOWA: communications from Rainbo Oil Com-
Section 1. That the Gode of Ordi- pany suppo,ting the "quest and MTs.
nances ofthc Gity of Dubuque, Iowa, be A]vina McAndrews of 111 West 23rd
amended by revising Appendix A Street nbjecting to tbe rezoning.
thereof, 01", known as the "Zoning 01'- fn considering Ibis request the Com-
dinance and Zoning Map of the Gity of mission determined that the C-3 Mt"i-
Dubuque, Iowa" by reclassifying here- al Business Comm"cial District classi-
inaft" described portions of L.H. fication could appropdate]y be applied
Langworthy's Additionfrom 'R-4 Resi- to the uses lying on the west side of Ibe
dential District" classification to "G-4 2300 block of Centm] A venue and pres-
General Gommercial District" ently zoned C-2 Loca] S"vice Commer-
classification the described cia] Dist,ict, but concluded that expan-
real estate. to sion of the C-3 zone to the east side of
the South42feet 1 inch of the We.,t Central 0' to the R-2 paece] lying west
'¡' of Lot 40; the No,th 18 feet 1 of the Tege]er pmperty hetween West
inch of the W"t 'Ie of Lot 41 all in 23,d and West 24th Streets would he an
L.ll. Langworthy's Addition in the enemachment upon the existing ,esi-
Gity of Dubuquc, Iowa. dential neighhorhood.
Section 2. That the foregoing The Planning and Zoning Commis-
amendment has heretofo,e been a- sion has app,oved the C-3 Mteria] Busi-
proved by the Planning and Zoning ness Distdct classification on the p'op-
Gommission of the Gity of Dubuque, "ties lying on the west side only of
Iowa. Centm] Avenue, hetween West 23,d
Passed, adopted. and app,oved this and West 24th Streets except the P"-
6th day of Septemb", 1977. eel described as the Westerly 180 feet
Emil Stackis of Lot 1 of Valedà Place and ,"com-
Mayor mends you, favomble consideration.
Thomas A. Tully Jr. City Planning and
Rich.,d Wertzberg" Zoning Commission
James E. Bmdy Councilman Pregler moved that the
Walter A. P"gler communication be ,"cc;ved and filed.
CouncIlmen Seconded by Councilman Tully. C."ied
by the following vote:
Yeas-Mayo, Sbckis, Councilmen Bmdy,
Prcgl", Tully. W"tzbergeL
Nays-none.
Publishcd officially in the Tclegmph
Herald Newspaper this 13th day of Sep-
tember 1977.
Leo F. Frommc]t
City Cle,k
Honmab]e Mayo,
and Councilmen
The City of Dubuque Planning and
Zoning Commission has held a public
hearing on the petition of M,. Edwa,d
Tegel"" Sr., which requested C-3 Mte-
,ial Business Distriet classification on
his p,op",ty located on the west side of
the 2300 block of Centrat A venue in the
City of Dubuque, Iowa. In considering
the Tegeler ,"quest the Planning and
Zoning Commission recommended that
adjacent commercial properties, a gas
station, beer store, and Key Line bus
garage, be included in the request. A
460
Adjourned Regular Session, September 6,1977
thereof, also known as the "Zoning Or-
dinance and Zoning Map of the Gity of
Dub'oque, Iowa" by repealing Section
4-114.2 thereof and by enacting a new
Section 4-114.2 in lieu thereof, as fol-
low"
ARTICLE IV DISTRICT
REGULATIONS
Section 4.114
C.3 Arterial Business Commercial
District
Section 4.114.2
Principal Permitted Uses
1. Professional office uses.
2. Any Principal Permitted Uses of
the G-j Gommercial District, provided
that the limitations of Section 4-112.6
shall apply to all such uses except those
that may hereafter be listed in this Sec.
tion.
3. Sales, renta, storage, repair or
servicing of vehicles, including gas sta-
tions.
4. Indoor restaurants, drive-in res-
taurants, bars or taverns.
5. Motels.
6. Furniture or appliance sales, in-
cluding servicing.
7. Banks.
8. Office supplies.
9. Sales of agricultural or construc-
tion supplies, including but not limited
to farm implements, hardware or elec-
trical supplies, lumber and similar
goods.
10. Fresh produce sales.
11. Package liquor sales.
12. Moving, storage, or freight trans-
fer facilities.
13. Parking lots.
14. Drive-in theater, miniature golf
courses, golf driving ranges, bowling
alleys, or other commcrcial recreation
establishments.
15. Outdoor camping areas.
16. Travel agency-ticket offices.
Section 2. That the foregoing
amendment has heretofore been ap-
proved by the Planning and Zoning
Gommission of the Gity of Dubuque,
Iowa,
Passed, adopted, and approved this
6th day of September, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
119113
Councilman W"tzberger moved
final adoption of the Ordinance as
Amended. Seconded by Councilman
Pregler. Carried by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Proof of Publication, certified to by
the Publisher, of Notice of Public Hear-
ing to amend City Code of Ordinances
by reclassifying portions of L. H. Lang-
worthy's Addn. from R-4 Residential
District to C-4 General Commercial Dis-
trict Classification IE. 21st St. between
Jackson & Whitel, 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. Councilman Tully moved that
the proof of publication be received and
filed. Seconded by Councilman W",tz-
bergeI'. Carried by the following vote:
Yeas-Mayor Srockis, Councilmen Bmdy,
Pregler, Tully, Wertzb",ger.
Nays-none.
- ORDINANCE NO. 61-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE,
OF, ALSO KNOWN AS THE "ZONING
ORDINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
RECLASSIFYING HEREINAFTER DE.
SCRIBED PORTtONS OF L. H. LANG,
WORTHY'S ADDITION FROM R.4
RESIDENTIAL DISTRICT CLASSIFI.
CATION TO C.3 GENERAL COMMER.
CIAL DISTRICT CLASSIFICATION,
said Ordinance having heen previously
presented and ,"ad at tbe Council
Meeting of August 1, 1977, p"sented
for final adoption.
ATTEST:
Leo F. F,ommelt
City C]c,k
Published officially in the Te]egraph
Hemld Newspap", this 12th day of Sep-
tern her 1977.
I,eo F. Fromme]t
City C]"k
119112
Councilman Tully moved final adop-
tion of the O,dinance. Seconded by
Councilman Wertzh""g"'. Ca"ied hy
the following vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
P,"gler, Tully, Wertzherger.
Nays-nonc.
August 19, 1977
ORDtNANCE NO. 61.77'
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CtTY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A THERE.
OF, ALSO KNOWN AS THE "ZONING
ORDtNANCE AND ZONING MAP OF
THE CITY OF DUBUQUE, IOWA", BY
RECLASSIFYING HEREINAFTER DE.
SCRIBED PORTIONS OF L.H. LANG.
WORTHY'S ADDITION FROM R.4
RESIDENTIAL DtSTRICT CLASSIFI.
CATION TO C.4 GENERAL COMMER.
CIAL DISTRICT CLASSIFICATiON.
AN ORDINANCE of the City of Do-
buque, Iowa, providing that the Code of
O,dinances, City of Dubuque. Iowa. be
amended by ,"vising Appendix A
the"of, also known as the "Zoning (),-
dinance and Zoning Map of the City of
Dobuque, Iowa", by reclassifying po,-
tions of property on the west side of tbe
2300 Block of Centm] Avenue f'om C-2
Loeal Service Commercial DisÜict to C
-3 A,t"ial Business Comm"cial Dis-
trict Classification, presented and ,'cad.
Councilman P,"g]er moved that the
,eading just had he considered the fi"t
reading of the Ordinance. Seconded by
Councilman Tully. Carried hy the fol-
lowing vote:
Yeas-Mayor Srockis, Councilmen Rmdy.
p"glc" Tully, Wertzberger.
Nays-none.
Councilman P,"gl" moved that the
rule ,"qui,ing an Ordinance to be rc-
ceived and filed at two meetings prio,
to the meeting when final action is tak-
en, be dispensed with. Seconded by
Councilman Tully. Ca"icd by the fol-
lowing vote:
462
Adjourned Regular Session, September 6,1977
Yeas-Mayor Stackis, Cooncilmen B,.dy,
P"gl", Tully, Wertzb"ge,.
Nays-none.
Councilman P"gl" moved that a
public headng be held on the O,dinance
on Octob" 3, 1977 at 7:30 o'clock P.M.
in tbe Couucil Chamber at tbe City Hall
and tbat tbe City C]c,k be instructed to
publish notice of the beadng in the man-
ner required by law. Seconded by Cou-
cilman Tully. Carded by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
August 19, 1977
Hono,.bte Mayo,
and Councilmen
Tbe City of Dubuque Planning and
Zoning Commission bas held a public
headng on tbe petition of Tbeisen
Building Company, Inc. to reclassify
thei, ,ccently annexed p,ope,ty f,om
AG Agdcultura] District classification
to C-3 Art"ial Business District classi-
fication. The property, which is depict-
ed in a shaded pattern on the attached
map, lies app,oximate]y 258 feet south
of the U.S. Highway 20 dght-of-way,
west of the Pow" Equipment Company
prop"ty, in the City of Dubuque, Iowa.
In considedng this proposal the Com-
mission was informcd by the petitioner
that the grading being done on the
property is in compliance with the Iowa
Department of Natmal Resomces regu-
lations governing flood plains: that they
have met the requirements of tbe De-
p.,tment of Environmental Quality fo,
sewer const,uction and that a site plan
has been submitted to the City of Dubu-
que for its approval.
The Planning and Zoning Commis-
sion has voted to app,ove the C-3
Mtcria] Business District classification
on the Theisen property and ,ecom-
mends yom favorable consideration.
City Planning and
Zoning Commission
Councilman Pregler moved that tbe
communication be received and filed.
Seconded by Councilman Tully. Carded
by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, We,tzb"g",
Nays-none.
AN ORDINANCE of the City of Du-
buque, Iowa, providing that the Code of
O,dinances, City of Dubuque, Iowa, be
amcnded by revising Appendix A
the,eof, also known as the "Zoning Or-
dinance and Zoning Map of the City of
Dubuque, Iowa", by "classifyiug por-
tions of Min"al Lot 237 and Min"at
Lot 243 from AG Agdcu]tural Distdct
Classification to C-3 Mtedal Business
Commercia] Distdct C]assi!i"ation. pre-
sented and read.
councilman Pregler moved that the
reading just had be conside"d the first
"adiog of the O,dinance. Seconded by
Couocilman Tully. Carried hy the fo]-
lowing vote:
Yeas-Mayor Stackis, Councilmen Ikady,
Pregl", Tully, We,tzbe'ger.
Nays-none,
Cooncilman P"gler moved that the
,ule requiring an Ordinance to be 'c-
ceived and filed at two meetings pdo,
to the meeting when final action is tak-
en, be dispensed witb. Seconded by
Conncilman Tully. Carried by the fo]-
lowing vote:
Yeas-Mayo, Stackis, Couucilmen Brady,
Pregler, Tully, W"tzb"ger.
Nays-none.
Councilman Preg]" moved that a
public hearing be held on the O,dinance
on Octobe, 3, 1977 at 7:30 o'clock P.M.
in the Couucil Chamber at the City Hall
and that the City CI"k be instructed to
publish notice of the he.,ing in the mau-
ner "qui"d by law. Seconded by Coun-
cilman Tully. Ca"ied by the following
vote:
Yeas-Mayo, Sbckis, Councilmen B,ady,
P"gter, Tully, W"tzb"ge,.
Nays-none.
Petition of Dubnque Women's C]nb
"questing that Atpine Street he closed
from W. 3rd to Me]rose Te"aceto ac-
comodate a Picket Fence Show to be
held on September 11, 1977, presented
and "ad. Councilman W"tzh"g"
moved that the ,equest be approved
subject to final app,oval of City Manag-
er. Seconded by Conncilman Tully. Ca,-
ried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregl", Tully, We,tzberg".
Nays-none.
Petition of Wahlert High Schoo] re-
questing permission to conduct a Home-
coming Parade on October 13, 1977, pre-
sented and "ad. Cooncilman Wertzbcr-
g" moved that the request be app'ov-
ed subject to finat approval of City Man-
ager. Seconded by Councilman Tolly.
Carried by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
P"gler, Tully, Wertzb"ger.
Nays-none.
Petition of Sister M. Rose Agnes
O.S.F. in behalf of Senior Citizens
Squa,e Danccrs, requesting parking
consideration at 1099 Iowa St,eet on
certain hours on Tuesdays and F,idays,
presented and "ad. ,
Sister Rose Agnes and Leo Hickcy,
"presenting senio, citizens, spoke to
the petition. Councilman' W"tzberge,
moved that the concept be app,oved
Adjourned Regular Session, September 6 ,1977
and "fe"ed to the City Manag" and
T,.ffic Dep.,tment for repo,t. Second-
ed by Mayo, Stackis. Carded by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen Brady.
P"gl", Tully, W"tzhe,ger.
Nays-none.
Petition of Dubuque TV-FM Cahte
Adviso,y Commission requesting ap-
pointment of Charles Cyborsky to fill
one of the vacancies on the Commission.
p"sented and "ad. Councilman Wertz-
b"ger moved that the petition be re-
ferred to the Council. Seconded by
Councilman P"gleL Carried by the fol-
towing vote:
Yeas-Mayo, Stackis. Councilmen IJ.-ady,
P"gler, Tully, Wertzberger.
Nays-none.
Petition of Car] N. Brant, requesting
a refnnd of $75. on unexpired po,tion of
Cig.,ette License No, 1180, discontinu-
ed business on July 30, 1977, p"sented
and read. Councilman We,tzherger
moved that the "fund be granted and
City Audito, di"cted to issue p,oper
wanant. Seconded hy Councilman
Pregl". Ca",ed by the following vote:
Yeas-Mayo, Stackis, Councilmen Brady,
Preg]e" Tully, Wertzb"g",
Nays-none.
Petition of Carl N. Brant, "questing
a 'efund of $422.50 on unexpi"d po,-
tion of Beer-Liquor License No. C-2221
discontinued business on Juty 30. 1977,
p"sented and "ad. Councilman Wertz-
b"g" moved that the refund be grant-
ed and City Auditor di,ccted to issue
p'op" wa"ant. Seconded by Council-
man Preg]". Carried by the following
vote:
Yeas-Mayor Sbckis, Councilmen B,ady,
P"gler, Tully, WertzbÜ'ge,.
Nays-none.
Petition of Ma,y V"eland, request-
ing a "fund of $75. on unexpired por-
tion of Cigarette License No. 1234, dis-
continued husiness on August 15, 1977,
presented and read. Councilman Wertz-
berger moved tbat the "fnnd be g,.nt-
ed and City Auditor di,ected to issue
p,oper wa"ant. Seconded by Council-
man Prcgter. Carried by the following
vote:
Yeas-Mayo, Sbckis, Councilmen B,.dy,
Pregl", Tully. We,tzberg".
Nays-none.
Petition of Don ptumley requesting a
"fund of $75. on unexpired pMtion of
Cigarette License No. 1286, discontinu-
ed bnsiness on August I, 1977, p"sent-
ed and read. Councilman Wo,tzbc,ger
moved that the "fond be granted and
City Auditor di,ected to issue prop"
wanant. Seconded by Councilman
Pregler. C.",ed by the following vote:
463
Yeas-Mayo, Sbckis. Councilmen B,.dy.
Preg]", Tully, W"tzberger.
Nays-none.
Petition of Clarence R. Jones 'e-
questing a "fund of $75. on unexpi"d
po,tion of Ciga",tte License No. 1258,
discontinued business on August 23,
1977, p"sentcd and "ad. Councilman
W"tzhe'ger moved tbat the refund he
gmnted and City Auditor di"cted to is-
sue p,oper wa"ant. Seconded by Coun-
cilman Preg]". Ca"ied by the follow-
ing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully. W"tzh"ger.
Nays-none.
Petition of Birch Oil Co" "questing a
"fund of $75. on onexpired Ciga"tte
License No. 1134, discontinued business
on September 1, 1977, presented and
read. Councilman Wertzb"g" moved
that the refund he g,.nted and City Au-
ditor di"cted to issue proper wanant.
Seconded by Councilman P"gl". Car-
ded hy the following vote:
Yeas-Mayor Stackis, Councilmen B,.dy,
Preg]", Tully, W"tzberg".
Nays-none.
Petition of Ch.,]es Nesteby, "quest-
ing a refund of $75. on the unexpi"d
portion of Ciga"tte License No. 1170,
discontinued husiness on August 22,
1977, p"sented and read. Councilman
Wertzb"g" moved that the refund be
gmnted and City AuditM di"cted to is-
sue p'op" wa"ant, Seconded by Coun-
cilman P"gt". Canied by the follow-
ing vote:
Yeas-Mayo, Sbckis. Councilmen B,.dy.
Pregler. Tully, We,Lbe"gec.
Nays-none.
August 18. 1977
Honorab]e Mayo,
and City Council
As you know, Finley Hospita] has ap-
proached the City Council with the
view of issuing some ten million dolla,"
in revenue bonds in the name of the
City of Dubuque for the purposes of
Finley Hospita] imp,ovements.
The City Council has heretofo"
adopted an o,dinance establishing
ch"ges to he fixed by the City for cov-
ering p"limin.,y expenses in the in-
vestigation and feasibility of said fi-
nancing, and in addition p,ovides that
the City of Dubuque shall charge a fi-
nancing fce which is on a g,.duated
scale to cov" the services of its finan-
cial consultant Paul Speer.
As in the past, I have "p"sented to
the City Council that in the view of the
highty technical natu'e of the bond pro-
ceedings, and in view of the e"ticat
time facto," inyo]ved, that the City At-
torney's Office does not eonsider that
Passed, adopted, and app,oved this
6th day of September, 1977.
Emil Stackis
Mayor
Thomas A. Tully h
Richa,d W",tzbe'ger
James E. Bmdy
Wa]t", A. P,egler
Councilmen
City Planning and
and Zoning Commission
Daniel Dittemore
Director of
Community Development
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman W"tzb"geL
Carried by the following vote:
464
Adjourned Regular Session, September 6,1977
Adjourned Regular Session, September 6,1977
465
service as part of the annual salary the
City Attorney is paid, aud consequently
feels that it is appropriate that the City
pay the City Attorney in addition to his
salary fo, such time and effo,t as is ex-
pended by him in perfecting said reve-
nue bonds issue.
Accordingly, it is tbe "commenda-
tion of the City Attorney's Office that
he be permitted to eha'ge the City at
the rate of $50.00 an hour for any and all
services ,endered in connection with
this bond issue by Fin]ey Hospital and
that said ch"ge be made by the City,
beiug reimbocsed to the City by di,ect-
ty cha'giug same to the Finley Hospitat
Bond Issue and as a charge to be paid
by the Hospita] to the City by way of ,,-
imbmsement.
Accordingly, I am tmnsmitting a p'o-
posed fo,m of resolution h"ewith in or-
d" that the same may be adopted by
the City Council in o,der that all parties
may unde"tand the subject matt" of
this transaction.
R. N. Russo
City Attomey
Councilman Tully moved that the
communication be "ceived and filed.
Seconded by Councilman Preg]". C,,-
ried by the following vote:
Yeas-Mayo, Sbekis, Councilmen Brady,
Pregter, Tully, Wertzb"'ger.
Nays-none.
RESOLUTION NO. 342-77
WHEREAS, Fintey Hospital propos-
es to cause to be issued $10,525,000 City
of Dubuque, Iowa, Hospital Facility
Fi"t Mortgage Revenue Bonds; and
WHEREAS, said issue will place un-
usual demaud upon the time and efforts
of R. N. Russo, City Attorney, City of
Dubuque, Iowa, above and beyoud the
scopc of his salary arrangement with
thc City of Dubuque, Iowa.
NOW THEREFORE BE IT RE-
SOLVED BY TIlE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That R. N. Russo, City At-
tomey, and the City Council do hereby
ag"e that the said R. N. Russo be paid
a fee of $50.00 an hour fm any and all
services connected with the said "ve-
nue bond issue in the amount of
$10,525,000 for the Finley Hospitalpro-
ject, and that the same be billed the
City on a monthly billing by itemized
statement and that said amount be
charged to Fintey Hospitat who shall
make payment thereof directly to the
City and from which the said services of
R. N. Russo shall be paid.
facilities in the City of Dubuque, has
been duty prepared as required by
Chapt", 312 Road Use Tax account,
Code of Iowa, and submitted to this
Council for approval, and
WHEREAS, this Council has examin-
ed the official "pori of the City of Du-
buque for its street and parking facili-
ties f,om June 30, 1976 to June 30, 1977
wherein receipts and expenditures are
shown for 1976 along with a St,eet
Bond supptement.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the official "port of
the City of Dubuque fo, its st,eets and
parking facilities f,om June 30, 1976 to
June 30, 1977 be and the same is hereby
app,oved.
Passed, adopted, and approved this
6th day of Septemb"" 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard W"tzberg'"
James E. Brady
Walt" A. Preg]"
Councilmen
ATTEST:
¡,eo F. F,omme]t
City Clerk
Couucilman Tully moved adoption of
the Resolution. Seconded by Council-
man P,eg]". Carried by the following
vote:
Ycas-Mayor Sbckis, Councilmen Pre-
gler, Tully, Wertzberg"'.
Nays-Councilman Bmdy.
August 17, 1977
To the Hono,abte Mayo,
and City Council
Enclosed find ou, June 30,1976 to Juue
30, 1977 St,cct Finance Repo,t which in-
c]udes all income and expenditures for
st"et and parking purposes.
The first column contains the enti"
Road Use Tax accounting which includes
new street construction, road and alley re-
pair, snow "movat, street eleaning. traffic
signat construction and cight of way pur-
chase.
The second cotumn is the street fund ac-
count which accounts fo, tmffic signs and
m"kings, some ,oadway maintenance, trœ
trimming and st,eet departmeut adminis-
tration.
Thc third column accounts for money
collected and spent und", special assess-
ment, st,eet lighting, traffic signa] mainte-
nance, storm sewe, "pair and cleaning,
and a portion of t'ee trimming expense.
The total expenditure fo, street related
purposes this yea, is $2,381,603 as compa,-
ed to last year's tobt expenditme of
$2,359,308.
The p"king "po,t is on a separate
sheet whicb shows ou, last year's expendi-
tu"s fo, p"king of $362,889 as compared
to $344,172 thc year before last.
Gilb",t D. Chavenelle
City Manager
Councilman pregl", moved that thc
communication be received and filed.
Seconded by Mayor Stackis. Carried by the
following vote:
Yeas-Mayor Sbckis, Councilmcn Bmdy,
Pregler, Tully, W"tzberg"'.
Nays-none.
RESOLUTION NO. 343.77
Approving Official Report of Munici.
pality for Municipal Streets and Park.
ing for 1976
WHEREAS, an officiat report of mu-
nicipality expenditures and ,eceipts for
1976 for municipat streets and parking
ATTEST:
Leo F. F,ommctt
City Clerk
Councilman P"g]er moved adoption
of the Resolution. Seconded by Mayo,
Stackis. Carried by the following vote:
Yeas-Mayor Stackis. Councilmen Bmdy,
Pregt", Tully. Wertzb"'ge,.
Nays-none.
July 25, 1977
Honorable Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has reviewed the fi-
na] plat of Lots 2 threugh 18 of B]ock 17
in "Mette]-Byme Addition" in the City
of Dubuque, Iowa. The lots lie on either
side of a westerly extension of Creston
Drive, west of its int",cclion with Glen-
wood Cooct as depicted on the attacbed
map.
The Planning and Zoning Commission
has det",mined that the plat is in con-
fomance with the Subdivision Regula-
tiuns and Zoning Ordinance of the City
of Dubuque, fowa, and bas met the ap-
'proval of the Engineering Departmcnt.
and "commends your favomble consid-
"ation.
Yeas-Mayo, Sbckis, Councilmen Bmdy,
P"gler, Tully, Wertzberger.
Nays-none.
RESOLUTION NO. 344-77
Resolution Aproving the Plat of Lots
2 through 18 in Block 17, Meffel.
Byrne Addition in the City of Du.
buque, Iowa
WHEREAS, the" has been filcd
with the City C]"k a plat of the Subdi-
vision to be known as Lots 2 through 18
in Block 17, Mettel-Byrne Addition in
the City of Dubuque, Iowa, by Mettel-
Realty & Investmcnt Co.; and
WHEREAS, upon said plat appe"
streets to be known as Creston Street,
together with ce,tain public utility
easements whicb the Own",s by said
plat have dedicated to tbe public fo'ev-
er: and
WHEREAS, said plat has been exam-
ined by the City Planning and Zoning
Commission and had its approval en-
do"ed thercon; and
WHEREAS, said ptat has been exam-
ined by the City Council and they find
that the same confo,ms to statutes and
o,dinances relating the"to, except that
street grades have not been establish-
ed, the st,eets b,ought to gmde, or pav-
ing. sew", 0' water iustalled:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the dedication of
C"ston Street, together with the ease-
ments for public utilities as the same
appear upon said plat. be and the same
a" hereby accepted;
Section 2. That the plat of Lots 2
tbrough 18 in Block 17, Mettel-Byrne
Addition in the City of Dubuque, Iowa,
be and the same is he"by app,oved and
the Mayo, and City Clerk are hereby
authorized and di"cted 10 endo,se the
app,ova] of the City of Dubuque. Iowa,
upon said plat. provided the own"s of
said prop"ty he"in named. execute
thei, written acceptance h",'eto attach-
ed ag"eing:
a. To "duce all streets to g,ade and to
construct concrete cu,b and gutter
and to hard su,face C"ston St'eel
with bituminous con"ete, or with
concrete paving with integra] curb.
all in accordance with City of Dubu-
que standard specifications:
b. To install sanitary sew", mains and
sewer service laterals in accordance
with planssubmitted with the plat;
c. To install wat", main, and water
service latem]s in a"eordance wilh
plans ,ubmitted with the plat:
d. To install storm sew",s and catch-
basins in accmdance with p]aus sub-
mitted with the plat;
Dated at Dubuque, Iowa, tbis 12th
day of September, 1977.
Mettel Realty &
Investment Co.
byC.E.Mettel
President
and Lorraine Klumpp
Vice-President
ATTEST:
Leo F. Frommelt
City Clerk
Counei]man W"tzb"g" moved
adoptioo of the Reso]ution. Secended by
Couneilmao Preg]e,. Carried hy the fo]-
lowing vote:
Yeas-Mayo, Sbekis, Councilmen Brady,
Pregler, Tully, W"tzberger.
Nays-none.
P'oof of Pnhlication. cNtified to by
the Puhli,h", of Notice of Public Hea,-
ing to considcr views of citizens "'ga,d-
ing tbe application of 100 Housing
Units, p,"scnted and read. Councilman
Preg]N moved that tbe p,oof of pub]ica-
tioo be received and filed. Seconded by
Councilman Tully. Canied by the fo]-
towing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
PreglN, Tully. W "'tzberger.
Nays-oone.
466
Adjourned Regular Session, September 6,1977
Adjourned Regular Session, S eptem bet 6 ,1977
467
e. To install conerete sidewalks as re-
quieed by Ordinan~es, and where di-
rected by the City Engineer and tbe
City Manager;
f. To install boutevard street ligbting
in accordance with plans submitted
with the plat:
g. To constrnct the foregoing imp,ove-
ments in aeeo,dancc with plans and
specifications approved by the City
Manager, nnd" the inspection of the
City Engineer, and in a manner ap-
proved by the City Manager;
h. To maintain the foregoing improve-
ments fo, a period of fou, 141 yea"
from thc date of their acceptance by
the City ofDubuque, Iowa;
i. To provide the foregoing construc-
tion and maintenance at the sole ex-
pense of the subdivider Mettel Real-
ty & Investmcnt Co. as ownc,;
j. To construct said improvements, ex-
cept sidewalks and street ligbting
prior to January 15, 1979 and to con-
struct the sidewalks and street ligbt-
ingprior to Januaey 15, 1981.
and furthe, p,ovidcd that said Mettet
Realty & Investment Co" as owner of
said Subdivision, secure the perfo,-
mance of the fo,egoing conditions by
p,oviding secu,ity in such fo,m and
witb such sureties as may be acceptable
to tbe City Manag".
Section 3. That in tbe event Mettel
Realty & Investment Co" shall fail to
execute the acceptance and furnish tbe
security provided for in Section 2
bereof within 45 days aft", the date of
tbis Reso]ution, the provisions beeeof
sball be null and void and tbe accept-
ance of the dedication and approval of
the plat shall not be effective.
Passed, adopted, and app,oved tbis
6tb day of September, 1977.
EmiiStackis
Mayor
ThomasA. Tully Jr.
Ricbard W crtzberger
JamesE.Bmdy
Walter A. Peeg]N
Councilmen
ATTEST:
Leo F. F,ommelt
City CIerI;
ACCEPTANCE OF RESOLUTION NO.
344.77
We. the undNsigned C. E. Mette].
President and Lorraine K]umpp, Vice-
President of Mettel Rea]ty & Invest-
ment Co. having read the terms and
conditions of the fecegoing Reso]ution
No. 344-77 and being familiae with the
conditions thereof. hereby accept the
same and agree to perform the condi-
tions ,"quired therein.
TO:
Leo F. F,ommelt
City Clerk
This is to certify that tbe security p,o-
vided by the foeegoing Reso]ution No.
344-77 has been fumished by the ownecs.
Dated at Dubuque, Iowa. this 7th day
of Octobe" 1977.
Gilbert D. Chavenelle
City Manag"
Councilman Tully moved adoption nl'
the Resolution. Seconded by Council-
man Wertzbe,ger. Careied by the fo-
llowing vote:
Yeas-Mayo, Stackis. Councilmen B,ady,
P,eg]", Tully, We,tzbergec.
Nays-None.
ATTEST:
f,eo F. Fromme]t
City Clerk
Tbi, Matching Resolution Sop"-
sedes Matching Reso]ution in the
amount of $7,086.80.
Councilman Tully moved adoption of
the Reso]otion. Seconded hy Coon-
cilman Wertzb"gec. Carried hy the fol-
lowing vot"
Y",,-Mayec Stackis, Councilmen Brady,
Pregler, Tully, Wertzhergec.
Nays-none.
Communication of Chief of Police
submitting a matching reso]otion for a
FBI Fingerpeint Training School. pre-
sented and read. Councilman W",tzbe,-
ger moved that tbe communication be
received and filed. Seconded by Coun-
cilman P,'eg]er. Canied by the follow-
inK vote:
Yeas-Mayor Stack is. Councilmen Brady,
Pre~ler, Tully. Wertzb"'g",
Nays-none.
MATCHING RESOLUTION NO. 346.77
WHEREAS, the Cily of Dubuque of
Iowa, by eeso]ution duly passed h",elo-
fm'e, has ,"solved that it will p,ovide
during the app,oved project pe,.;od
cash funds for the following fowa Crime
Commi"ion project:
Tille Amount of Funds
of Project Being Provided
Law Enforcement
Training $11.36
Passed. adopted, and approved this
6th day of September. 1977.
Emil Staekis
Mayo,
Thomas A. Tul]y k
Richard Wertzb",ger
James E. Brady
Wa]te,'A.P,"gler
Councilmen
August 26, 1977
Honorable Mayor and
City Council
I request that you adopt the attached
eesolution providing $7,327.36 city
funds for our Pat,ot Investigato, Pro-
gram assisted by a grant from the Iowa
Crime Commission.
As explained in the attached letter
from Chief O'Brien, the proposed ,eso-
lution is a $240.56 addition to a ,esolu-
tion passed hy the Council on Decemh",
nth.
Gilbert D. Chavenelle
City Manager
Councilman Tully moved that the
communication be received and filed.
Seeonded by Conncilman Wertzb"ger.
Carried by the following vote:
Yeas-Mayor Sbckis, Councilmen B"dy,
Pregler, Tully, Wertzberger.
Nays-none.
MATCHING RESOLUTtON NO. 345.77
WHEREAS, the City of Dubuque of
Iowa, by resolution duly passed hereto-
fore. has eesolved that it will p'ovide
during the approved project period
cash funds fo, the following Iowa C,ime
Commission project:
Tille Amount at Funds
of Project Being Provided
Patrol Investi-
gators (2) $7,327.36
Passed, adopted, and approved this
6th day of September, 1977.
Emil Stackis
Mayo,
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. P,"gle,
Councilmen
Communication of Community Deve]-
opment ",commending cancellatien of
the pub]il' hearing relative to appli,"-
tion of 100 housing units hecause the ap-
plication was rejected. presented and
read. Councilman Peegler moved that
the communication be ,eceived and
filed. Seconded by Councilman Tully.
Carried hy the followiog vote:
Yeas-Mayo, Stackis. Councilmen Brady.
Pregl". Tully, W"tzbe'ger.
Nays-none.
Communication of Housing Commis-
sion indicating that tbe implementation
of a traditional public housing prog"m
is ,"quired in the City as p",t of an ef-
fo,t to provide decent hou.sing for low-
ineome families, presented and read.
Councilman Tnlly moved that the com-
munication he received and filed. Sec-
ooded by Councilman P,"g]e" Canied
hy thefollowingvote:
Yeas-Mayo, Stackis, Councilmen lJ"dy.
Peeg]er. Tully, W",tzberger.
Nays-none.
BESOLUTION NO. 347.77
Authorizing City Staff to Develop a
Traditional Public Housing Proposal
for Consideration by the City Council
of the City of Dubuque, Iowa
WHEREAS, the City of Duhuque
Housing Commission has ,eviewed the
housing conditions in the City of Du-
huque, Iowa and has det"mined Ihat
the housing needs of many ]ow" in-
come families in Dubuque a," not and
will not be met by the existing housing
market; and
WHEREAS, the United States De-
pa,tment of Housing and lhban Deve]-
opment adminisle,'s a preR",m of T'a-
ditiona] Public Housing, which p,ovides
financial assistance to puhlic housing
agencies to develop, own, and opemte
]ow-""", hoosing: aod
WHEREAS, the City of Dubuque
Housing Commission has ,"commended
pa,.ticipation in [he T"ditiona] Puhlir
Housing P,'ogram [0 all""','e tI",
housing crisi, for the ]owincomc
families; and
WHEREAH, the United S",[p, Dc-
pa,.tment of Housing and Urban Devel-
opmenl (HUDI may be offering the City
of Dubuque the oppo,tunity to apply fo,
padicipation io the pmRmm during the
latter part of l'alendar year lY77 or eady
1978:
NOW. THEREFOHE. BE 11' RE-
SOLVED BY THE CfTY COUNCfL OF
THE CITY OF DUBUQUE, fOWA.
THAT:
Section 1. City Staff is dieected to
develop a p,og"m designed to place
the City of Dubuque in a position to
ments suitah]e for the use of any vol un-
t"y nonprofit hospital: and
WHEREAS, the City is further au-
thorized and empowered hy the p,ovi-
sions of the Act to issue its refunding
bonds to "fund its hond theretofo" is-
sued und" the Act: and
WHEREAS, The Finley Hospita], an
Iowa nonprofit corp",ation (the "Cor-
poration"l, presently owns and op",ates
a volunt"y nonpmfit hospital Ithe
"Ho,pita]"¡ wilhin the co'poralt' limit,
of tbe City: and
WHEREAS, on May 13, 1975 the
City issued its $4,250,000 pdncipa]
amount of Hospita] Faeility Firat Mo,t-
gage Revenue Bonds (The Fin]ey Hospi-
tal P,oject) Series A Itbe "Series A
Bonds") dated J anua,y 1, 1975, all of
which are cunently outstauding fo, the
pocpose of loaning funds to the Cn'por-
ation to finance pa,t of the cost of cer-
tain buildings and improvements suit-
able for the use of the Hospital: and
WHEREAS, it is deemed necessary
and advisable that Hospita] Facility
Firat Mo,tgage Refunding aud Im-
provement Revenue Bonds (The Fin]ey
Hospital P,ojectl Series 1977 nf the
City in a pdndpa] amount not to exceed
$10,750,000 (tbe "S",ies 1977 Bonds")
should be issued to ",fund in advance
all of the Sedes A Bonds and to finanee
pa,t of the eost of additional buildings
and improvements suitable fo, the use
of the Hospital: and
WHEREAS, tbe issuance of the Se-
des 1977 Bonds will promote the gener-
al health and we]f"e of the inhabitants
of the City: and
WHEREAS, pmsuant to published
notice uf intention this City Council has
conducted a public hea,ing, as required
by Section 419.9 of the Act, on the pro-
posal to issue the Scdes 1977 Bonds:
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CfTY COUNCIL OF
THE CITY OF DUBUQUE, lOW A, AS
FOLLOWS:
Section 1. That at the public Maring
conducted by this City Council pmsu-
ant to publisbed notice all local "si-
dents who appeared we" given an op-
portunity to exp"ss thci, vicws for '"
against the p,oposa] to issue the Series
1977 Bonds.
Section 2. 'l'hatthe public headng on
the proposal tn issue the Sedes 1977
Bonds is he"by adjoumed to Septem-
ber 19, 1977, at 7:30 o'clock P.M" at the
Council Chamhers in the City Hall in
said City, at which time and placc this
City Council will again meet.
Section 3. That this Resotution shall
become effective immediately upon its
passage and approval.
RESOLUTION NO. 350.77
Authorizing the Execution of a Grant
Agreement with the Economic Devel.
opment Administration for Marshall
and Roosevelt (FOR) Park Improve'
ments
468
Adjourned Regular Session, September 6,1977
AdjournedRegularSession,September6,1977 469
Passed and approved Septemb", 6. WHEREAS, pursuant to the p,ovi-
1977. sions of the Local Public Wo,ks Capital
EmiiStarkis Deve]opmenl and Investment Act of
Mayor 1976 as amended by tbe Public Wo,ks
Emp]oyment Act of 1977, the Economic
Development Administration has ap-
,oved an applicatinn filed hy the City of
Dubuque to provide financial assistance
fo' Marshall and Rooseve]t (FDR) Pa,k
Imp,ovements.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CfTY COUNCIL OF
TIm Cl'1'Y OF DUBUQUE, lOW A:
apply for pa,ticipation in the Tradi-
tiona] Public Housing Program: and
Section 2. City Staff is di'ected to
"port its findings to the City Council in
a timely mann", wbich will allow the
Council enough time to eonsider the
program prior to an application dead-
line set by HUD.
Passed, adopted, and approved tbis
6th day of Septemb", 1977.
EmilStackis
May",
Thomas A. Tully JL
Richard W ertzb",ger
JamesE.Brady
Walter A. P"g]er
Councilmen
A'I'TEST:
LeoF.F,omme]t
City C]",k
Couneilman 'l'ully moved that the
Reso]ution be adopted. Seconded by
Councilman P"gl",. Carried by the fo]-
lowing vote:
Yeas-Mayor Sbckis, Councilmen B,ady.
P"g]c" 'l'ully, Wertzberger.
Nays-none.
P,oof of Publication, c"tified to by
tbe Publisber, of Notice of Public Hear-
ing of intention to issue Hospita] Facil-
ity First Mo,tgage Refunding and Im-
p,ovement Revenue Bonds, p,esented
and read. No wdtten objections we"
filed and no ora] objectors we" present
in the Council Chamb" at the time set
fo, the he"ing. Edna Thompson ad-
dressed the Council asking questions
pertaining to the Project. Mel Graves
and Dr. Luke Fab", stated Project go-
ing as proposed: No deletion: Project
approved under Section 1122.
Councilman W ertzberge, moved that
the proof of publication be received and
filed. Seconded by Councilman Tully.
Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Preg]e" Tully, W"tzb"ger.
Nays-none.
RESOLUTION NO. 348.77
Resolution Adjourning Public Hear.
ing on the Proposal to Issue Not to
Exceed $10,750,000 Hospital Facility
First Mortgage Refunding and 1m.
provement Revenue Bonds (The Fin.
ley Hospitat Project) Series 1977, of
the City of Dubuque, towa
WHEREAS, the City of Dubuque
(the "City"), a municipality and political
subdivision in the County of Dubuque,
State of Iowa, is authorized by Chapt",
419 of the Code of Iowa, as amended
(the "Act"), to issue ,evenue bonds and
loan the proceeds to one or more con-
t"cting p"ties to be used to pay the
cost of land, buildings and imp,ove-
ATTEST:
LeoF.F,omme]t
City Clerk
Councilman W"tzbe'g" moved
adoption of Ibe Resolulion. Seeonded by
Councilman Tully. Carded hy tbe
followingvote:
Yeas-Mayo, Stackis. Councilmen Brady,
P"gler, Tully, W",tzbe'ger.
Nays-oone.
RESOLUTION NO. 349.77
Authorizing the Execution of a Grant
Agreement with the Economic Devel.
opment Administration for Construc.
tion of Tennis Courts at Flora Park
WHEREAS, pursuant to the p,ovi-
sions of the Loca] Public Wo,ks Capita]
Development and Investment Act of
1976 as amended by the Puhlic Works
Employmcnt Act of 1977, the Economic
Deve]opment Administration has ap-
proved an application filed by the City
of Dubuque to p,ovide financial assis-
tance for const,uction of tennis courts
at Flora Pa,k.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CfTY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Mayo, is he"by
authodzed and directed to execute a
Graot Agreement not to exceed $63,128
with the Economic Deve]opment Ad-
ministration fo, EDA P,oject No. 05-51-
26521 Construction of Tennis Cou,ts at
Flo" p"k.
Passed, adopted, and approved tbis
6th day of September. 1977.
EmiiStackis
Mayor
Richard Wertzbe'g"
James E. B"dy
Wa]terA.P,eg]",
Councilmen
ATTEST:
Leo F. Frommelt
City Cterk
Councilman Wntzb"ge, moved
adoption of the Reso]ution. Seconded by
Councilman Preg]e,. Ca"ied by the fol-
lowing vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
P"gler, We,tzberger.
Nays-none.
Abstain-Councilman Tully.
Section 1. That the Mayo, is hereby
authodzed and di'ccted to execute a
Grant Ag"ement not to exceed $85,974
witb the Economic Deve]opment Ad-
minist"tioo fo, EDA Pmjcct No. 05-51-
26533 Marshal] and Rooseve]t IFDR)
Pa,k Improvements.
Passed, adopted, and approved this
6th day of September, 1977.
EmiiStackis
May",
Ricbard W"tzbc'ger
JamesE.Brady
Walter A. p"g]"
Councilmen
ATTEST:
LeoF.l",-omme]t
City CI",k
Councilman W ntzb"ge, moved
adoption of the Reso]ution. Seconded by
Councilman Pregler. Ca"ied by the fol-
lowing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
P,egl", Wertzb",ger.
Nays-none.
Abstain-Councilman Tully.
RESOLUTION NO. 351-77
Authorizing the Execution of a Grant
Agreement with the Economic Devel.
opment Administration for City Hall
Improvements
WHEREAS, Pursuant to the provi-
sions of the Local Public Wo,ks Capita]
Devetopment and Investmeot Act of
1976 as amcnded by the Puh]ic We,ks
Employmeot Act of 1977, the Economic
Development Administ"tion has ap-
proved an application filed by the City
of Dubuque to provide financial assis-
tance fo, City Hall improvements.
NOW THEREFORE, BE fT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Mayor is hereby
authorized and directed to execute a
G"nt Ag"ement not to exceed $54,172
with thc Economic Development Ad-
ministration fo, EDA P,oject No. 05-51-
26544 City Hall Imp,ovements.
470
Adjourned Regular Session, September 6 ,1977
Adjourned Regular Sessio-,,-,-Septem ber 6,1977
471
Passed, adopted, and approved this
6th day of September, 1977.
Emil Staekis
Mayor
Richa,d W"tzhergH
James K Brady
Walter A. PreglH
Councilmen
ATTEST:
LeoF.F,ommelt
City Clerk
Councilman Wertz bergeI' moved
adoptioo of the Resolution. Seconded by
Councilman P"g]er. Carried by the 101-
]owingvote:
Yeas-Mayo, Sbekis, Councilmeo Brady,
Pregler, WerhhHger.
Nays-none.
Abstain-Councilman Tnlly.
Proof of Publication, certified to by
the Puhlisher of Notice to Contractors
of Receipt of proposals for construction
of Sunset Ridge Ddve Aspha]t Paving
Project f,om N.P.L. of Lot 2-1 M.L.132
to southerly end of the st,eet, present-
ed and read.
Councilman Wertzberger moved that
the proof of publication be received and
filed. Seconded by Councilman Tully.
Carded by the following vote:
Yeas-Mayor Staekis, Councilmen Brady,
Pregler, Tully, WHtzberg".
Nays-none.
August 30,1977
To the Honorab]e Mayor
and City Council
Pursuant to you, instructions seated
proposals were received until 10:00 a.m.
Tuesday, August 30, 1977 for the Sun-
set Ridge Ddve Asphalt Paving
Project.
The lowest bid was entered by Tri-
State Paving Company, Division of Du-
buque Stone P,oducts of Dubuque,
Iowa. Their bid was 0.9% over the engi-
neer's estimate.
I "commeod that the contract fo, the
improvement he awa,ded to Ihe Tri-
State Paving Company, Division of Du-
buque Stone P,oducts.
Gilbert D. Chavenelle
City Manag"
Councilman Wertzberger moved that
the communication be received and
filed. Seconded by Councilman Tully.
Carded by the following vote:
Yeas-Mayor Stackis, Councilmen B"dy,
PreglH, Tully, W"tzbergH.
Nays-none.
(Awarding Contract)
RESOLUTION NO. 352.77
WHEREAS, sealed proposals have
been submitted by contraeto" for the
Sunset Ridge Drive Asphalt Paving
Project pursuant to Resolution No. 328-
77 and notice to bidde" published in a
The low bid was ente"d by Tri-State
Paving. Division of Dubuque Stone
Products Company of Duhuque, Iowa.
Their bid was $27,043.06 which is 0.3%
undH the Engineer's Estimate.
I "commend that the eontraet be
aw"ded to Td-State Paving, Division
of Dubuque Stone P"ducts Company.
Gilb"t D. Chavenelle
City Manager
Councilman Tully moved that the
communication he "ceived and filed.
Seconded hy Councilman Brady. C,,-
ried by the following vok
Yeas-Mayo, Stackis, Councilmen Brady,
Preg]", Tully, Wertzberg".
Nays-none.
newspaper published in said City on
August 19.1977; and
WHEREAS, said sealed proposals
were opened and ",ad on August 30,
1977, and it has been detHmined that
tbe bid of Tri-State Paving, Division of
Dubuque Stone Products Company of
Dubuque, fowa in the amount of
$23,282.60 was the lowest bid for the
fornishing of all labor and materials and
perfo,ming the wo,k as p,ovided for in
the plans and specifications: oow the,,-
fo,e,
BE IT RESOLVED by the City Coun-
cil of the City of Dnbuque that the con-
tract fm the above mentioned imp,ove-
ment be aw"ded to Td-State Paving,
Division of Dubuque Stone P,oducts
Company and the Manager be and he is
hereby directed to exeeute a cont,aet
on behalf of the City of Dubuque for the
eomplete performance of said work.
BE IT FURTHER RESOLVED, that
upon the signing of said contract and
the approval of the contracto" bond
the City Treasurer is authorized and in-
structed to "turn the bid deposits of
the unsuccessful bidde".
Passed, adopted, and app,oved this
6th day of September, 1977.
EmiiStackis
Mayor
Thomas A. Tnlly Jr.
Rich"d W HtzbHger
James K Brady
Walter A. P"g]"
Councilmen
(Awarding Contract)
RESOLUTION NO. 353.77
WHEREAS, sealed proposats have
been submitted by contI' acto" fm the
20th St,eet Traffic Signals f,om Cen-
t,,] Avenue to Elm St,eet pu"uant to
Reso]otion No. 313-77 and notice to bid-
de" puhlished in a newspaper publish-
ed in said City on August 4, 1977 and
August 11 & 18, 1977: and
WHEREAS, said sealed p,oposals
were opened and read on August 26,
1977, and it bas been determined that
the bid of 'I'd-State Paving, Division of
Dubuque Stone Products of Dubuque,
Iowa in the amount of $27,043.06 was
the lowest bid for the furnishing of all
labor and materials and perlorming the
work as p,ovided for in the plans and
specifications; now the"lore,
BE IT RESOLVED by the City Coun-
cil of the City of Dubuque that the eon-
t"ct for tbe above mentiooed imp,ove-
ment be aw"ded to 'I'd-State Paving,
Division of Dubuque Stone P,oducts,
subject to Federal Highway Adminis-
t"tion eoncu"ence and the Manag"
be and he is bereby di"cted to execute
a eont"ct on behalf of the City of Du-
buque for tbe eomplete pedo,mance of
said wo,k.
BE IT FURTHER RESOLVED, that
upon tbe signing of said contract and
the app,ova] of the contracto" bond
the City T"asu,", is authorized and in-
structed to ",tmn the bid deposits of
the unsuccessful bidde".
Passed, adopted, and approved this
6th day of September, 1977.
Emil Staekis
Mayor
ThomasA. Tully J,.
Rieh"d W ert,berg"
James K Brady
WalterA.PreglH
Couneilmen
ATTEST:
LeoF.Frommelt
City Clerk
Councilman Wertz berg" moved
adoption of the Resolution. Seeonded by
Couneilman Tully. Ca"ied by the fo]-
lowing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzb"ger.
Nays-none.
Proof of Publication, certified to by
the Publisher, of Notice to Cont,actors
of Receipt of p,oposals for const,uction
of 20th St"et Traffic Signals from Cen-
trat Avenne to Elm Street, p"sented
and read. Couneilman Tully moved that
the proof of publication be "eeived and
!Bed. Seconded by Councilman B"dy.
Carried by the following vote:
Yeas-Mayo, Sbekis, Conncilmen Brady,
P"gler, Tully, W"tzberger.
Nays-none.
August26,1977
To the Honorable Mayor
and City Council
Pursnant to yooc instrnctions, sealed
proposals were "eeived until 10:00
a.m., D.S.T. Friday, August 26,1977 for
the 20th St,eet Traffic Signals f,om
Cent"l A venue to Elm St,eet.
ATTEST:
LeoF.Frommelt
City Cterk
Couneilmaa Tully moved adoption of
the Resolution. Seconded by Council-
man B"dy. Ca"ied by the following
vote:
Yeas-Mayo, Sbclds, Councilmen Bmdy,
Pregler, Tully, WHtab"ger.
Nays-none.
August 19, 1977
Honomb]e Mayo, and Councilmen
'!'be City of Dubuqoe Planning and
Zoning Commissioahas "viewed a fi-
nal plat submitted by M,. John WiII-
mes, 1234 Roseda]e Avenue. to subdi-
vide Lot 1 of Lot 1 of Lot 1 of I,ot 1 of
Lot 10 of Roseda]e Addition No.2 in tbe
City of Dubuque, Iowa. into Lots 1 and
2 of tbat suhdivision. The prop"ty is
located approximately 100 feet soutb-
east of Roseda]e Avenue as depicted on
the attached map. The intent of the sub-
division 01 the p,op"ty is to p"mit
transf" of ownership of Lot 2 to the
owner of Lot 1 of Roseda]e Addition No.
2.
The Planning and Zoning Commis-
sion has app,oved the above deseribed
final plat and recommends you, favora-
b]e eonsideration.
City ptanning and
Zoning Commission
Daniet Dittemo"
Director of
Community Deve]opment
Councilman Tully moved that the
communication be received and filed.
Seconded by Councilman WertabHgH.
Carded by the following vote:
Yeas-Mayo, Sbckis, Councilmen B"dy,
Pregl", Tully, Wertzberger.
Nays-none.
RESOLUTION NO. 354.77
Resolution Approving Plat of the Sub.
division of Lot 1 of Lot 1 of Lot 1 of
Lot 10 of Rosedale Addition No.2 is
Platted as Lot 1 and Lot 2 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 10 of
Rosedate Addition No.2, all in the
City of Dubuque, Iowa, and
WHEREAS, said plat has been exam-
ined by the City Planning and Zoning
Commission and had its app,ova] en-
do,sed the"on; and,
WHEREAS, said plat has been exam-
ined by the City Council and they find
the same conforms to the Statutes and
Ordinances relating the"to:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCfL OF
TIm CITY OF DUBUQUE, IOWA:
Section 1. The above described plat
be and the same is he"by approved and
the Mayo, and Clerk be and they are
h"eby anthorized and directed to en-
dorse the approval of the City upon said
pt_t.
472
Adjourned Regular Session, September 6,1977
Passed. adopted, and app,oved this
6th day of Septemb", 1977.
Emil Stackis
Mayo,
Thomas A. Tully h
Richard W"tzberger
James K B"dy
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Tully moved adoption of
tbe Resolution. Seconded hy Council-
man Wertzberg". Ca"icd by the fo]-
lowing votc:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregl", Tully, Wertzb"g".
Nays-none.
Aogust 18, 1977
Honorable Mayor and Councilmen
The City ptanning and Zoning Com-
mission bas reviewed the final plat divi-
ding Lot 2 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 2 of Mine,,] Lot 263 into
Lots 1 and 2 of that suhdivision. The
p,"perty lies on the southwest com"
of the inte"ection of Asbury Road and
Judson Ddve in the City of Dubuque,
Iowa, as shown on the attaehed map.
The intent of the lot split is to permit
Lot 2 to become part of the Baptist
Church p,operty to the south.
The Planning and Zoning Commis-
sion has voted to app,ove the plat, and
recommends you, favorable considcra-
tion.
City ptanning and
Zoning Commission
Danie] Dittemore
Di,ector of
Community Deve]opment
Councilman Pregler moved that the
communication be received and filed.
Seeonded by Ceuncilman Tully. Carded
by the fellowing vote:
Yeas-Mayor SUtckis, Councilmen Brady,
Pregl"" Tully, Wertzh"ger.
Nays-none.
RESOLUTION NO. 355-77
Resolution Approving the Plat of the
Subdivision of Lot 2.1-1-1-1.2 of Min.
eral Lot 263 in the City of Dubuque,
Iowa
WHEREAS, there has been filed
with the City Clerk a plat of the Subdi-
vision of LOT 2-1-1-1-1-2 of MINERAL
LOT 263 in the City of Dubuque, Iowa
by Mid-Amedcan Baptist Churches;
and
WHEREAS, said plat has been exam-
ined by the City Planning and Zoning
Commission and had its approval en-
dorsed the"on; and
WHEREAS, said plat has been ex-
amined by the City Council and they
find that the samc confo,ms to ,tatutes
and o,dinances relating the",to:
NOW, THEREFOm~, BE IT RE-
SOLVED BY THE CITY COUNCfL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the plat of the SUB-
DIVISION OF LOT 2-1-1-1-1-2 of MIN-
ERAL LOT 263 in the City of Dubuque.
Iowa, be and the samc is herehy app'o-
ved and the Mayor and City Clerk a,c
hereby autho,;zed and directed to en-
dorsc the approval of the City of Du-
buque, Iowa opon said plat.
PASSED, ADOPTED AND AP-
PROVED by unanimous ,ecorded roll
call this 6th day of Septemher, 1977.
Emil Stackis
Mayor
Thomas A. Tully h
Ricbard Wertzberger
James E. Brady
Wa]t", A. p"g]"
Councilmen
ATTEST:
Leo F. Fromme]t
City CI",k
Councilman Pregler moved adoption
of tbe Rcsolutioo. Seconded by Councit-
man Tully. Ca,ded by the following
vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
Pregl", Tully, Wertz berg"'.
Nays-none.
August 30, 1977
Honorable Mayor and Councilmen
The City of Duhuque 'Planning and
Zoning Commission has reviewed two
final ptats of Peil's Subdivision which is
located on the west side of Rooscvelt
road north of Mount Ca]v",y Cemetery
as depicted on the attached map.
The first plat divides I,ot 2-1-1-2-1-7
of Peil's Subdivision into Lots 1 and 2 of
that subdivision. The second plat divi-
des Lot 1 of the first plat ILot 1 of Lot 2-
1-1-2-1-7 of Peil's Subdivisionl into Lots
1 and 2 of Lot 1-2-1-1-2-1-7 of Peil's Sub-
division. The intent of the suhdivision
of this property is to allow transfer of
ownership.
The Planning and Zoning Commis-
sion has app,"ved the final plats of
Peil's Subdivision as submitted and
,ecommends your favo"hleconsidera-
tion.
City Planning and
Zoning Commission
Daniel Dittem",e
Di,ector of
Community Development
Councilman P,cgler moved that the
communication be received and filed.
Seconded by Councilman Tully. Carried
by the following vote:
Yeas-Mayo, S~"kis, Councilmen Bmdy,
Pregler, Tully, Wertzberger.
Nays-none.
AdjournedRegularSession,September6,1977 473
RESOLUTION NO. 356.77 Commission and had its approval en-
Resolution Approving the Plat of Lots do,scd th"eon; and
1 & 2 of the Subdivision of Lot 2.1.1.2. WHEREAS, said plat has been ex-
1.70fPeil'sSubdivisioninCityofDu. "mined by the City Council and they
buque, Iowa find that the same confo,ms to statutes
WHEREAS. the" has been fi]cd and o,dinances ,'elating thc,"to;
with the City C]"k a plat of Lots 1 & 2 NOW. THEHEFORE, BE IT HE-
of the Suhdivision of Lot 2-1-]-2-1-7 of SOLVED BY THE CITY COUNCfL OF
Peil's Subdivision in the City of Du- THE CITY OF DUBUQUE. lOW A:
boque. fowa hy Rob",t Henry Ikown & Section 1. That the plat of LOTS 1 &
Letha Pearl Brown and: 2 OF TIm SUBDIVISION OF LOT 1-2-
WHEIŒAS. said plat has been exam- 1-1-2-1-7 of pEIL'S SUBDIVISION IN
ined hy the City Planning and Zoning THE CITY OF DUBUQUE, IOWA. he
Commission and had its approval en- and the same is hereby approved and
dorsed tho,"on: and the May'" and City Clerk "'c herehy
WHEREAS, said plat bas been exam- authorized and direded to endo"e the
ined by the City Council and thcy find appmva] of the City of Dubuque, fowa
that the ,"me confm'ms to statutes and upon said pial.
ordinances relating thereto PASSED, ADOPTED AND Ap-
NOW, THEm~FORE. BE IT RE- PROVED by unanimou, ,'cco,ded roll
SOLVED BY THE CITY COUNCfL OF call this 6th day of September, A.D..
THE CfTY 01-' DUBUQUE, row A: 1977.
Section 1. That the plat of Lots 1 & 2
OF THE SUIJDIVfSION OF LOT 2-1-1-
2-1-7 of pl~fL'S SUBDIVISION IN THE
CITY 01' DUBUQUE. IOWA. be and
the same is hereby app,oved and the
Mayo, and City Clerk a,e hcmby au-
tho,ized and dieccted to endo"e the
app,oval of thc City of Duhuque. Iowa
upon said pial.
PASSED. ADOPTED AND AP-
PROVED by unanimous recorded roll
call this 6th day of Septemher, A.D..
1977.
Emil Stackis
Mayo,
Thomas A. Tully Jr.
Ricbard Wertzberger
James E. B,ady
Walter A. p"gl"
Councilmen
ATTEST:
Leo F. F,ommeIt
City Cterk
Cooncilman Pregter moved adoption
of the Resolution. Seconded by Council-
man Tully. Carried hy the following
vote:
Yeas-Mayor Stackis, Councilmen Bmdy.
Pregler. Tully, Wertzberger.
Nays-none.
RESOLUTION NO. 357.77
.Resolution Approving the Plat of Lots
1 & 20fthe Subdivision of Lot 1.2.1.1.
2.1-7 of Peil's Subdivision in the City
of Dubuque, Iowa
WHEREAS, the" has been filed
with the City Ct",k a plat of Lots 1 & 2
of the Subdivision of Lot 1-2-1-1-2-1-7 of
Peil's Subdivision in the City of Du-
buque, Iowa by Richa,d Anthony & Ho-
wa,d High]ey - A & H Development
Co. Inc.; and
WIIEm~AS, said ptat has been exam-
ined by tbe City Planning and Zoning
:c~-,.,\- -c~ - --_...~
Emil Stackis
Mayo,
Thomas A. Tully Jr.
Rich",d Wertz berge,
James Eo Brady
Waite>' A. Pregl",
Councilmen
ATTEST:
Leo F. Fecmme]t
City Clerk
Councilman Preg]" movcd adoption
of thc Reso]ution. Seconded hy Council.
man Tully. Carried by Ihe following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Perg]", Tully. W"tzberger.
Nays.none.
p,oof of Publication, certified to by
the Publish",. of Notice of fnvitation to
Bid Fivc F]ags Civic Centc, at 4th, 5th,
Locust and Main St,ccts, presented and
read. Councilman Preg]", moved that
the p,oof of puhlieation be "ceived and
filed. Seconded by Councilman Brady.
Carried by the following vok
Ycas-Mayor Sbckis. Councilmen Bcsdy,
P"'g]er, Tully, Wmtzherger.
Nays.none.
August 31, 1977
Honorob]e Mayor and
City Council -
Scaled bids fo' the Five Flags Civic
Cente, were ,"ceived and opened on
August 25, 1977. Low biddec was Con.
Ion Const,uclion Company, Duhuque,
Iowa.
Since the low bid exceeded the con-
struction hudget the Five F]ags Build-
ing Committee, the engineers and staff
am erviewing thc alternates and possi.
b]e modifications in plans to ]ow" the
bid p,ice. Heview of these changes is
not yet completed bot details will be
availah]e fo, the Council meeting on
September 6. 1977.
474
Adjourned Regular Session, S eptem ber 6,1977
At that Council meeting we will be I
submitting a tabulation of any modifica-
tions tn the low bid, ou, recommenda-
tion and a ,"solution awa,'ding the con-
tract to Conlon Conslruction Company.
Gi]bert D. Chavenelle
City Manag"
.Jaekie Mcnitt, Mike Conlon and Phil
Kelly spoke to the Commnnication.
Coued]man Pregler moved Ihat Ihe
communication he received and filed.
Seconded hy Councilman B,ady. Car-
ried by the following vote:
Yeas-Mayor SLockis, Councilmen B,ady.
Pregl", Werlzherg".
Nays-none.
Abstain-Cnuncilman Tully.
September 6. 1977
To the Honorahle Mayo,
and City Council
Sealed bids we," ,"ceived fo, Expan-
sion of Five F]ags Civic Cent" on
August 25, 1977. Low bidd", was Con-
lon Construction Co. of Dubuque, Iowa.
Exhibit #1 sbows a tahu]ation of the
bids.
Since the low bid exceeded the con-
st""tion budget. mino, modification,
have been made in the specifications
and some alternates have been deleted
to reduce the total cost of the p,oject.
(See Exhibit #21 With these changes
construction cost of the project will be
$3,456,500. I
This construction cost is $368,586
ov" the const,uction budget of
$3.087,914. The increased cost will be
funded hy transferring $150,000 from
the contingency fund, $18,586 from the
equipment fund, $150,000 f,om oth"
City soocces and $50.000 from the Five
F]ags Cent", Fund.
Ooc ,"commendation is to award con-
tract to Con]oo Construction Co. fo,
$3,456,500 and we would reqoest your
adoption of the attacbed resolution
Awarding the Contract.
Gilbert D. Chavenelle
City Manag",
Councilman Pregler moved that the
communication be received and filed.
Seconded by Councilman Brady. Car-
ried by the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregler, Wcrtzbe'g"'.
Nays-none.
Abstain-Councilman Tully.
(Awarding Contract)
RESOLUTION NO. 358.77
WHEREAS, scaled p,oposa]s have
been submitted by eontmetors for the
Expansion of Five F]ags Civic Cent"
pursuant to Resolution No. 302-77 and
notice to hidders published in a newspa-
per puhlished in said City on Ju]y 25,
1977 and Aogust 8, 1977; and
WHEIŒAS, said scaled proposals
w",e opened and read nn August 25,
1977, and it has been determined that
the hid of Conlon Const,uction Co. of
Dubuque, Iowa in the amount of
$M56,500 wa' the lowest hid fo, Ihe
furnishing of all labor and mateda]s and
pedo,ming the work", provided for in
the plans and specifications; oow the",-
fo,",
BE IT RESOLVED hy the City Coun-
cil of the City of Dnbuque that. the con-
tract for the above mentioned improve-
ment be aw",ded to Conlon Construc-
tion Co. and the Manager be and he is
hereby diredcd to execute a cont,act
on behalf of the City of Dubuque [or the
complete performance of said wo,k.
BE fT FU1\TJlEH ltESOLVlèD,
that upon the signing of said contract
and the app",va] of the conlradors
bond the City Treasur" is authorized
and inst"wted to return the bid depo-
sits of the unsucc"sfu] bidders.
Passed, adopted, and app,oved this
6th day of September, 1977.
;;mil Slackis
Mayor
Richa'rd Wertzberger
Jam" E. B,ady
Wa]t" A. Pregler
Councilmen
ATTEST:
1.00 F. Fromme]t
City Clerk
Councilman Pregler moved adoption
of the Reso]ution. Seconded by Council-
man Brady. Carded by the' following
vote:
Yeas-Mayo, Sbckis, Councilmen Brady.
Preg]", Wert,berger.
Nays-none.
Ab,tain-Counci]man Tully.
August 30, 1977
To the Honomb]e Mayor
and City Council
Enclosed are the p,climina,y plans,
spceifications and estimate for thc Five
F]ags sanitary sewer and water main
",]ocation.
Gilb"t D. Chavenclle
City Manag"
Councilmln Wertzb"'g" moved that
the communication be ",ccived and
filed. Seconded by Mayo, Stackis. Ca,-
ried by the following vote:
Yeas-Mayo, SL"kis. Councilmen Bmdy.
Pregler, Wertzberg"'.
Nays-None.
Abstain-Councilman Tully.
RESOLUTION NO. 359.77
Approval of ptans, specs. and p'opos-
ed plans fo, construction of Five F]ags
Sanitll'Y Sewer and Wat", Main Relo-
cations in estimated amounts of Alt,,-
-'-'-
Adjourned Regular Session, September 6,1977
nate #1 - $71,033.64, Alternate #2 - (FIXING DATE OF HEARING)
$78,566.15, p,"scnted and read. Council- RESOLUTION NO. 361-77
man Wertzherg", moved adoption of WHEREAS, the Cily Council of the
the Reso]ution. Seconded by May", City of Dubuque, Iowa, has given its
Stackis. Cardcd by the following vote: p",liminary app,ova] on the p,oposed
Yeas-May", Stackis, Councilmen Bmdy, plans, specifications, and fo,m of con-
P"g]"', W",tzberger. tmct and placed same on file in the
Nays-none. office of thc City Cl"k for public in-
Abstain-Councilman Tully. spection fo' the relocation of the sani-
tary sewer and water main f", the
FIVg FLAGS.
BE IT THEREFORE RESOLVED
that on thc 19th day of Septemb",
1977, a poblic hearing will be at 7:30
P.M. in the Council Chamb", of the City
of Dubuque at which time the object"'s
fo' tbe proposed improvement may ap-
pear and make ohjection to the propos-
cd plans and spcdfications, fo,m of con-
t",ct and cost of said imp,ovemenl, and
the City Cterk he and he is he,"by di-
,'ected to pause a notice of time and
place of such headng to be puhlished in
some newspaper published in the City
of Dubuque, Iowa which shall be not
less than fou, (41 nor more than twenty
(201 days pdor to the day fixed for its
considemtion, and the City Clerk be
and he is hereby di,ccted to have pub-
lished the notice of pendency fo, said
imp,ovement, and the City C]"k is
h"eby di,ccted to advertise fo, prepo-
sa]s to the cont",ctors fo, the construc-
tion of the above mentioned improve-
ment.
Passed, adopted, and approved this
6th day of Septemb", 1977.
;~mil Slackis
Mayo,
Hichard W"tzb"'g'"
James E. Bmdy
Walter A. Pregler
Councilmen
(Necessity for Improvement)
RESOLUTION NO. 360-77
WHEREAS, p,oposed plans, specifi-
cations, and fo,m of contract have been
duly p,"pa"d 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
tbings the following:
1. The plan of such improvement
2. An estimate of the cost of the im-
p,ovement fo, the re]oeation of the
sanita,'y sewer and water main for
tbe FIVE FLAGS
BE I1' TlŒHgFOHE HESOLVED
that the City Couneil on its own motion,
deems it advisable and necessary for
tbe puhlie welfare to make the herein
mentioned improvement, and untess
p,operty owners at the time of the final
consideration of this p,oposed ,"so]u-
tion have on file with the City C]"k,
objections to the amount of tbe cost of
the improvement, they shall be deemed
to have waived all objections the'"to.
Said imp,ovements shall be con-
st,ucted and done in acco,dance with
the plans and specifications which have
been app,oved by thc City Council and
are now on file with the City Clerk.
That the cost and expense of making
said improvement will be paid from the
Community Development Fund and
Water Works Fund.
The above ,"solution was intwduced,
approved and ordered placed on file
with the City CI",k this 6th day of Sep-
tember, 1977.
App,oved and placed on file fo, final
aetion.
Emil Staekis
Mayo,
Richard Wertzberger
James E. Brady
\fait" A. Preg]"
Cooncilmen
ATTEST:
Leo F. Frommett
City CI"k
Councilman Wertzberg", moved ap-
prova] of the Reso]otion. Seconded by
Mayor Stackis. Carded by the following
vote:
Yeas-Mayor S~"kis, Couneilmen Ikady,
Pregl", W"tzb"g",
Nays-none.
Abstain-Councilman Tully.
475
ATTgST:
Leo F. Fromme]t
City Clerk
Councilman Wertzherg", moved a-
doption of the Reso]ution. Seconded by
May", Stackis. Canied by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
P"'gl", W ertzberg".
Nays-none.
Abstain-Counci]man Tnlly.
RESOLUTION NO. 362.77
WHEHEAS, applications fo, Be"
Permits have been submitted to this
Council for approval and the same have
been examined;
NOW THERgFOHE BE IT HE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the follow-
ing application! be gmnted and p"mits
issued upon the compliance with the
terms of the O,dinanees of the City.
476 AdjournedRegularSession,September6,1977
qASS "B" BEER PERMtT Passed, adopted, and approved this
Adelia Alvina Fe"ing, 385 East 13th 6th day of Septemher, 1977.
St, Emil Stackis
Mayor
Thomas A. Tully k
Richard Wertzhc'g"
James E. Brady
Walt" A. Pregler
Couneilmen
CLASS "C" BEER PERMIT
Kopple's Market, Inc. (Also Sunday
Sates) 1098 University Ave.
The Great Atlantie & Pacifie Tea Co"
Inc. (Also Sunday Salesl3333 Asbury
Road
Randall's Internationat, Ine. (Also Sun-
day Salesl 2600 Dodge Street
Passed, adopted, and app,oved this
6th day of September, 1977.
Emil Stackis
Mayo,
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Couneilmen
ATTEST:
Leo F. F,ommelt
City Clerk
Councilman P"gler moved adoption
of the Resolution. Seconded hy Council-
man B,ady. Ca,ded by the following
vote:
Yeas-Mayor St...kis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
RESOLUTION NO. 363-77
WHEREAS, applications for Beer
Permits were lUed by the within named
applicants and they have received the
app,oval of this Council; and
WHEREAS, the p"mises to be oceu-
pied by such applieants were inspeeted
and found to comply with the O,dinan-
ees of this City aud they have filed p,o-
p" bonds;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the Mana-
ger be authodzed to eause to he issued
to the following named applicants a
Be" Permit.
CLASS "B" BEER PERMIT
Adelia Alvina Ferring, 385 East 13tb
St.
CLASS "C" BEER PERMIT
Kopple's Maiket. Inc. (Also Sunday
Sales) 1098 Univemity Ave.
The Great Atlantic & Pacific Tea Co"
Inc. (Also Sunday Salesl3333 Asbm-y
Road
Randall's International. Inc. (Also Sun-
day Sales) 2600 Dodge St,eet
ATTEST:
Leo F. Frommelt
City C]"k
Councilman P"gler moved adoption
of the Resolution. Seconded by Council-
man Brady. Carded by the following
vote:
Yeas-Mayor Sbckis, Councilmen B"dy,
Pregler, Tully, Wertzb"ger.
Nays-none.
RESOLUTION NO. 364.77
WHEREAS, applications for Liquor
Licenses have been submitted to this
Council for app,oval and the same bave
been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of the
City of Dubuque, Iowa, that the follow-
ing applieations be app,oved and licen-
ses issued upon the compliance with the
PNvisions of Chapt" 131, Aets of the
First Regul", Session, 64th Genera]
Assembly.
CLASS "B" (HOTEL MOTEL)
BEER AND LIQUOR LICENSE
Topeka Inn Management, Inc. (Atso
Sunday Sales) 1111 Dodge St,eet
CLASS "C" (COMMERCIAL
BEER AND LIQUOR LICENSE
Ne]dia J. Fitzgibbons, 1700 Central
Ave.
Sand,a L. Monerief (Also Sunday Salesl
1103 Iowa Street
Steven T. Sehnee (Sunday Sates On]yl
1902 Central Ave.
Passed, adopted, and approved this
6th day of September, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard We,tzb"ger
James E. B,ady
Walt" A. pregl"
Councilmen
ATTEST:
Leo F. F,ommelt
City Clerk
Councilman Pregler moved adoption
of tbe Reso]otion. Seeonded hy Conncil-
man Brady. Ca"ied by the following
vote:
Yeas-Mayor Sbckis. Councilmen Brady,
P"g]er, Tully, W"tzberger.
Nays-none.
AdjournedRegularSession,September6,1977 477
RESOLUTION NO. 365-77 Approved............... .......1978
WHEREAS, applications for Liquor
Licenses we" filed by the within Adopted.............. .......1978
named applicants and they have "eeiv-
ed the approval of tbis Council; and
WHEREAS, the premises to be occu-
pied by such applieants were inspected
and found to comply with the State Law
and all City O,dinances retevant tbe,,-
to and they have filed p,op" honds:
NOW THEHEFORE BE IT RE-
VED by the City Council of Dubuque,
Iowa. that the Manager be authodzed
to cause to he issued to the following
named applicants a Liquo, License.
CLASS "B" (HOTEL MOTEL)
BEER AND LIQUOR LICENSE
Topeka Inn Management, Inc. (Also
Sunday Sales I 1111 Dodge Street.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Neldia J. Fitzgibbons, 1700 Central
Ave.
Sand" L. Monuief (A]so Sunday
Salesl1103 Iowa St,cct
Steven '1'. Schnee (Sunday Sales on]yl
1902 Centra] Ave.
Passed, adopted, and approved this
6th day of Septemb", 1977.
Emil Staekis
Mayo,
Thomas A. Tully k
¡¡¡chard Wertzberger
James E. Brady
Walter A. p"g]"
Cnuncilmen
ATTEST:
Leo F. F,ommelt
City Ct"k
Councilman P"g]er moved adoption
of the Resolution. Seeonded by Council-
man Brady. C",ded by the following
vote:
Yeas-Mayo, Sbckis, Councilmen B"dy,
Preg]", Tully. W"tzberger.
Nays-uone.
Councilman Pregler moved that the
Couneil meet at 7:00 P.M. on Septemb"
12, 1977 to diseuss Land Proposals and
appointments to vadous Bo",ds and
Commissions. Seconded by Mayo, Staek-
is. Canied by the following vote:
Yeas-Mayo, St...kis, Councilmen Bmdy,
P"gter, Tully, Wertz berg".
Nays-none.
There being no further business,
Councilman Tully moved to adjourn
this meeting to September 19, 1977 at
7:30 P.M. Seconded by Councilman Preg-
tel'. Carried by the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady.
Pregler, Tully, Wertzb"g",
Nays-none.
Leo F. Fromme]t
City Clerk
--------~--------
Councilors
ATTEST:
------.
City Clerk
Yeas'Mayor Sbckis, Councilmen Brady,
P"gler, Tully, Wertzberg".
Nays-none.
Councilman P"gter moved that tbe
City Manager be directed to negotiate
with Mr. Staley of Integra-Built Inc.
with a view to develop an option agree-
ment to be snbmitted to thc City Coun-
cil relating to Downtown Urban ,enew-
al Property. Seconded by Councilman
B"dy. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregl", Wertzberger.
Nays-none.
Abstain-Councilman Tully.
COUNCILMAN TULLY REQUEST.
ED THAT THE RECORD SHOW THAT
HE DID NOT PARTICIPATE IN THE
DISCUSSION OR VOTE ON THE UR.
BAN RENEWAL PROPERTY PROPO.
SAL.
Councilman Pregl" moved that the
consideration of purchase of the p,e-
vious proposal submitted by Thermo
King Sales be transfe"ed f,om Lot 9
Block 1 to Lot 3 of B]ock 1 of Rivedront
Sub. No.3. Seconded by Mayor Stackis.
Ca"ied by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
P"gter, Tully, Wertzberg".
Nays-none.
The" being no further business,
Councilman Tully moved to adjourn.
Seconded by Councilman Pregler. C,,-
ried by tbe following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, W"tzberger.
Nays-none.
Mayor Stackis announced the follow-
ing appoiotments: Ai'po,t Commission,
Gerald Kopiscbke to 9-14-83; Bo"d of
Zoning Adjustmeut, Heleu M. Scberrer
to 9-19-80 and John J. McFarland to 9-19-
82; Citizcns Advisory Commission,
James E. Ryau, ColinP. Neil, WiliiamH.
Norman, Terryl E. Stewart, Kerry L.
Wheelock; Civil Service Commission,
Walt" W. G"umann to 3-31-82 and
Ricb"d Zimmer to 3-31-80; Confirma-
tiou ofCouuty Land Use Policy Commis-
sion, Emil Stackis, Watte, A. Pregl"
and Tbomas A. Tully, Jr.; Housing Com-
mission, Doris M. Hingtgen, Esther
Tauke and Rich"d Wertzberger, Jr" all
to 8-17-79; Playground & Rerreation
Commission, Pao] Fwmme]t to 7-5-80;
Transit Board of Trustees, Paul L. Britt
to 7-30-80; TV Cahle Commission, Char-
les Cyberski to 6-29-79; Youth Services
Board, Michael Robret, Mama Colon
and Ralph Grippin.
Councilman Pregler moved ratifica-
tion fo, the appointments. Seconded by
Councilman Tully. Carried by the follow-
ing vote:
478
Special Session, September 12,1977
Special Session, September 14,1977
479
CITY COUNCIL
OFFICIAL
Special Sassion, September 12,
1977.
Council met at 7:00 P.M.
Present - Mayor Stack]s, Council.
men Brady, Pregler, Tully, Wertzber.
gel'. City Manager Gilbert D. Chave.
nelle.
Mayor Stackis read the call and stat-
ed that s"vice thereof had been duly
made and this meeting ia called for the
purpose of acting upon such business as
may property come before the meeting.
Mayor Stackis moved to suspend the
,ules to let anyone present address the
Council if they so desi". Seconded by
Councilman Wertzberger. Ca"ied by
the following vote:
Yeas-Mayo, Stackis, Councilmen Brady,
Pregl", Tully, Wertzbe'ger.
Nays-noue.
Robert Dorothy ,'nd members of the
Dock Board Commission spoke to Coun-
cil by giving a review oftaud still availa-
ble in the Industrial Island complex.
At 7:40 P.M. Councilman Wertzber-
gel' moved to go into executive session
for discussion of Industrial land sales,
Downtown property and City Hall ac-
quisition property. Secouded by Mayor
Stackis. Carried by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, We,tzberger.
Nays-none.
Council "convened in Regular Ses-
sion at 9:02 P.M.
Couneilman Pregl" moved tbat tbe
City Attorney continue negotiations on
the Trenkte Prop"ty. Seconded by
Concilman Brady. Carried by the follo-
wing vote:
Yeas-Mayor Sbekis, Councilmen B"dy,
Pregler, Tully, W"tzb"ger.
Nays-none.
Councilman P"g]er moved that the
Klauer Mfg. request for consideration
in Area B of the Industrial Island, if
present freeway plans are realized be
"ferred to the City Manager and City
Attorney with instructions to discuss
tbe matter furtb" with Klauers and
repo,t back as soon as possible. Second-
ed by Councilman Brady. Ca"ied by
the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Councilman P"gler moved tbat tbe
reqnest fo, purchase of Lot 4 Block 1 on
the Industria] Island as p,oposed by
Dubuque Electric Motor Co. be "fer-
red to tbe Mayor's Industrial Commit-
tee. Seconded by Councilman Brady.
Carried by tbe following vote:
CITY COUNCIL
OFFICIAL
Special Session, September 14,
1977.
Council met at 4:30 P.M. (C.D.T.)
Present - Mayor Stackis, Council.
men Brady, Pregler, Tully, Wertzber.
gel'. City Manager Gilbert D. Chave.
nelle.
Mayo, Stackis read the call and stated
tbat service the"of bad been duly made
and this meeting is called forthe pocpose
of acting upon such business as may pro-
perty come before the Meeting.
At 5:06 P.M. Councilman W"tzber-
g" moved to go iuto Executive Session
to consid" appointments to Bo"ds and
Commissions. Seconded by Councilman
p"gl". Carried by the following vote:
Yeas-Mayor S~1Ckis, Councilmen Brady,
P"gler, Tully, Wertzberger.
Nays-none.
Council Reconvened in Regu]" Ses-
sion at 5:53 P.M.
Communication of Carotyn Farrell
B.V.M., submitting resignation from
Civil Service Commission effective
immediately, presented and read. Coun-
cilmau P"gler moved tbat the communi-
cation be "ceived and filed and resigna-
tion acceptcd with "gret. Seconded by
Councilman Tully. Carried by the follow-
ing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzherger.
Nays-none.
Leo F. F,ommelt
City Clerk
App,oved......................1978
Adopted....................... 1978
.----------------
Councilors
ATTEST:
City Clerk
Yeas-Mayo, Sbckis, Couneilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Tbe" being no furthe, business,
Councilman Wertzb"ger moved to
adjourn. Seconded by Councilman Preg-
ler. Carried by the following vote:
Yeas-Mayo, Stackis, Councilmen B"dy,
Pregler, Tully, Wertzberg".
Nays-none.
Leo F. FwmmeIt
City Cterk
Approved...................... 1978
Adopted....................... 1978
._----~---------
Councilors
ATTEST:
City C]"k
480
Adjourned Special Session, September 19,1977
CITY COUNCIL
OFFICIAL
Adjourned Regular Session, Sep.
tember 19, 1977.
Council met at 7:30 P.M. (C.D.T.)
Present - Mayor Stackis, Council.
men Brady, Tully, Wertzberger. City
Manager Gilbert D. Chavenelle.
Mayor Stackis "ad the call and atat-
ed this is AN ADJOURNED SESSION
of the Adjoumed Regular Meeting of
Septembcr 6, 1977, called for the poc.
pose of CONSIDERING PROCEED.
INGS IN THE ADOPTION OF A RESO.
LUTION AUTHORIZING AND PROVID.
ING FOR THE ISSUANCE OF
$10,750,000. HOSPITAL FACILITY
FIRST MORTGAGE REFUNDING AND
IMPROVEMENT BONDS (THE FIN.
LEY HOSPITAL PROJECT) and acting
upon such other husiness as may p'o-
perly come before a Regular Meeting of
the Council.
Proclamations proclaiming October 2
to October 8, 1977 as "Respect Life
Week", September 29th as "C"Free
Day", September 25, 1977 as "Diabetes
Bike Ride Day", Septemh" 24, 1977 as
"Hunting & Fishing Day" and Septem-
bcr 18 to 24 as "Pet Responsibility
Week", were read, approvcd and signed
by Mayor Stackis.
Communication of Airpo,t Commis-
sion submitting minutcs of thci, meet-
ing of September 8,1977, p"sentcd and
read. Councilman Tully moved that the
minutes be ,eceived and Wed. Secondcd
by Councilman Wcrtzb"ger. Caceied
by the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregler. Tully. W"tzberger.
Nays-nonc.
Communication of Dubuque Housing
Rehabilitation Commission submitting
minutes of their meeting of August 30,
1977, presented and read. Councilman
Tully moved that the minutes be receiv-
ed and Wed. Seconded by Councilman
Wertzherger. Carded by the following
vote:
Yeas-Mayor Sbckis, Councilmen B"dy,
Pregl", Tully, Wertzhergcr.
Nays-none.
Communication of Five Flags Civic
Center Commission submitting minutcs
of their meeting of September 6, 1977,
presented and read. Councilman Tully
moved that the minutes be received and
Wed. Seconded by Councilman Wertz.
berger. Carded by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Communication of Five Flags Center
Building Committee submitting minu-
tes of their meetings of August 30 and
Septemhcr 2, 1977, presented and read.
Councilman Tully moved that the minu-
tes be ,eceived and filed. Seconded hy
Councilman Wertzh.'g". Carded by
the following vote:
Yeas-Mayor Stackis, Councilmen B"dy,
P,cgler, Tully, Wertzberger.
Nays-none.
Communication of Community Devc-
lopment Commission submitting minn-
tes of their meeting of September 13,
1977, presented and read. Councilman
Tully moved that the minutes be receiv.
ed and Wed. Seconded by Councilman
Wertzb"ger, Carried by the following
vote:
Yeas-Mayor Sbckis, Councilmcn Brady,
Preglcr, Tully, Wertzb"g".
Nays-none.
Communication of Iowa D.E.Q. sub-
mitting water main extension const,uc-
tion permit for Knob Hili, presented
and read. Councilman Tully moved that
the communication be rcccived and
filed. Seconded by Councilman P"gler,
Carried by the following vote:
Yeas-Mayor Sbckis, Councilmen B"dy,
Pregter, Tnlly, Wertzb"ger.
Nays-none.
Communication of Citizens Advisory
Commission submitting vadous suggest-
ions for the reduction and elimination of
county wide roadside dumping, presen-
ted and read. Councilman Tully moved
that the communication be rcceived and
Wed and referred to LandfHl Agency
and Board of Sup"visors. Seconded by
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, W"tzberge,.
Nays.none.
Communication of Dubuque Board of
Realtors by C. Geo'ge Biasi, indicating
concern over the proposed addition to
Chapter 20 of the Code known as "Buy-
er Notification Ordinance" and submit-
ting a pucehase agreement, presented
and read. Councilman Tully moved that
the communication be received and
filed and ref""d to Council. Seconded
by Councilman We,tzberger. Carried by
the following vote:
Yeas.Mayo, S~"kis, Councilmen B"dy,
P"gler, Tully, Wertzberger.
Nays-none.
Communication of Td-State Indepen-
dent Blind Society advising of the pur-
cbase of a building at 1098 Jackson'
Street and requesting to address the
Council relative to a fund "ising ddve,
presented and read.
Councilman Pregler moved to sus-
pend the rutes to let anyone present
address the Council if they so desire.
~
'".~'- ... """""""
';'¡;'i~';¡~~.~~',~,;.-':
Adjourned Special Ses"ion, September 19,1977
481
Seconded by Councilman W"tzberger.
Ca"ied by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Donald Gagne spoke to the communi-
cation stating Society wants to expand
present facilities and include handicap-
ped; Do not want to compete witb State
Schools. Councilman Wertzbe,ger mov-
ed that the fund raising ddve permis-
sion be granted with coordination of the
City Manager. Seconded by Councilman
Tully. Carded by the following vote:
Yeas.Mayo, Sbckis, Councilmen Brady,
P"gler, Tully, Wcrtzberger.
Nays-none. September 13, 1977
To the Honorable Mayor and
Members of the City Council
We have been advised that the first
list of ten persons that passed the
Police Exams on June 29,1977 and July
13, 1977 has been exhausted.
We hereby certify a second list of
persons as eligible for appointment to
fHl vacancies on the Police Dep"tment
as may exist.
Reynolds, Daniel
Feldman, Christopher,
Shep"d, Michac]
Bu,ds, Michael
Martcns, Thomas
Stave" Bern"d
Udelhofen, David
Kirk. David
Heinze, Robert
Walker, John
Ca,olyn Farrell, B.V.M.
Chairperson
John E. Hess
Civil Service Commission
ATTEST:
Leo F. Frommelt
Clerk.
Subscdbed and sworn to before me
this 13th day of Septemb" 1977.
Louise M. Ford
Notary Public
Councilmen P,egle, moved that the
communication be received and filed
and made a matt" of record. Secondcd
by Councilman Wertzbc'ger. Carried
by the following vote:
Yeas-Mayo, Sbckis, Couneilmen Brady,
Prcgler, Tully, Wertzberger.
Nays-none.
Proof of Publication, certified to by
the Publishcr, of City's Annual Finan.
cial Report euding June 30, 1977, pre.
sented and "ad. Councitman Pregler
moved that the proof of puhlication be
received and Wed. Seconded by Coun-
cilman Wertzberger. Canied by the
following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, W"tzberg".
Nays-none.
Communication of Dubuque Disposal
Division Ecology Control Corporation
putting the City on notice to exû'cise
the third year of five one yea, options
on the City Garage Building at 14th &
Etm Streets fo, 1978, p"sented and
read. Councilman Pregler moved that
the communication be received and filed
and City Manager and City Cterk au-
thorized to sign the notice. Seconded by
Councilman Wertzbergû'. Carried by
the following vote:
Yeas-Mayor Sbckis, Councilmen B"dy,
Pregler, Tully, Wertzberger.
Nays-none.
Notice of Claim of Frederick R. Ap.
pel, in the amount of $316., for p,operty
damage incurred as the result of police
arresting an occupant of the building at
347 East 19th Street, presented and
read. Councilman W"tzherg" moved
that the Notice of Claim be "ferred to
the City Attomey for investigation and
report. Seconded by Councilman Tully.
Carried by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregl", Tully, Wertzb"ger.
Nays.none.
Notice of Suit of Thomas J. & Ruth E.
O'Malley in objection to a proposed as-
sessment for the paving of Wilbur
St,eet in the 1977 Asphalt Paving Pro.
gmm, p"sented and read. Councilman
W"tzb"ger moved that the Notice of
Suit be "fe"ed to the City Attomey
fM investigation and ,cpo,t. Seconded
by Councilman Tully. Carded by the
following vote:
Yeas-Mayo, Sbckis, Councilmen B"dy,
P,egle" Tully, Wertzb"ger.
Nays-none.
ORDINANCE NO. 62.77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING SUBSECTION 10 OF
PARKING METER DISTRICT C OF
SECTION 25.326 OF SAID CODE TO
LIMIT PARKING TO 10 HOURS AT
ANY ONE TIME ON FIFTH STREET
FROM IOWA STREET TO LOCUST
STREET,
presented and read. Mayor Stackis
moved that the reading just had be con-
sid"ed the ¡;"t ,cading of the Ordi-
nance. Seconded by Councilman Preg.
ler. Carried by the following vote:
Yeas.Mayor Stackis, Councilmen Brady,
P"g]", Tully, W"tzbe'gû'.
Nays-none.
Mayor Stackis moved that the rule
requiring an Ordinance to be "ceived
and filed at two meetings pdor to the
meeting when final action is taken, be
dispensed with. Seconded by Council.
'" --'-'",-_.~-- -'".."""'~,-'"'-""~,
.,,- ~-~
482 AdjournedSpecialSession,September19,1977
man Pregler. Ca"ied by the following PROVIDING THAT VEHICLES STOP
vote: BEFORE ENTERING THOSE INTER.
Yeas-Mayor Sbckis, Councilmen Brady. SECTtONS DESIGNATED AS STOP
Pregler, Tully, Wertzberg". INTERSECTIONS,
Nays-none. presented and "ad.
ORDINANCE NO. 62-77 Councilman Pregl" moved that the
AN ORDINANCE OF THE CITY OF "ading just bad be consid"ed the first
DUBUQUE IOWA PROVIDING THAT "ading of the Ordinanee. Seconded hy
THE CODE OF ORDINANCES, CITY Co~ncilman Tully. Carried by the fol-
OF DUBUQUE IOWA BE AMENDED lowmg vote:
BY REVISING' SUBSECTION 10 OF Yeas-Mayor Sbckis, Councilmen Brady,
PARKING METER DISTRICT C OF Pregler, Tully, Wertzberg".
SECTION 25.326 OF SAID CODE TO Nays-none.
LIMIT PARKING TO 10 HOURS AT Councilman Pregler moved that the
ANY ONE TIME ON FIFTH STREET rule requiring an O,dinance to be re-
FROM IOWA STREET TO LOCUST ceived and filed at two meetings prior
STREET. to tbe meeting when fiual action is tak-
THEREFORE BE IT ORDAINED BY en, be dispeused with. Seconded by
THE CITY COUNCIL OF THE CITY OF Councilman Tully. Carded hy the fol-
DUBUQUE, IOWA: lowing vote:
Section 1. That Subsection 10 of Yeas-MayorSbckis,CouncilmenBrady,
Parking Meter District C of Section 25- Pregler, Tully, Wertzberger.
326 of the Code of Ordinances of the Nays-none.
City of Dubuque, Iowa, be amended so ORDINANCE NO. 63.77
that such subsectwn shall read as fol. AN ORDINANCE OF THE CITY OF
lo~s: DUBUQUE, IOWA, PROVIDING THAT
See: 25.326. Dlstrlc.ts. THE CODE OF ORDINANCES, CITY
Parktng Meter DtStnct C. OF DUBUQUE, IOWA, BE AMENDED
10. Fifth Street, both stdes be- BY REVISING SUBSECTION (b) OF
tween Central Avenue and SECTION 25.210 OF SAID CODE
White Street and the south side PROVIDING THAT VEHICLES STOP
between Central Ave,,:ue and BEFORE ENTERING THOSE INTER.
Iowa Street and both "des be- SECTIONS DESIGNATED AS STOP
tween fowa Street and Bluff INTERSECTIONS.
~treet. . THEREFORE, BE IT ORDAINED BY
Section 2. That. all ordInances or THE CITY COUNCIL OF THE CITY OF
par~s of ordmances m confltct wIth thtS DUBUQUE, IOWA:
ordtnance be and the same are hereby Section 1. That Subsection (bi of
;cptaled and of no further force or ef- Section 25-210 of the Code of Ordi-
e~~ssed, adopted, and app,oved this nances of the City of Dubuque, Iowa, be
19th day of September, 1977. am;~fed so that such seetwn shall ,'ead
Emil Staekis as "~e~~~5.210.
ThMayor A T II J (bi Those intersections designated are
R' °hma~ vi ; { r. hereby declared to be "Stop In-te?'
/e ar E ;' ~ erger sections"forallpurposesofthissee-
':~::r Â. ;:e Yler tio," .
Councilmen g A Eastbound and westbound veh~cles
must stop before entenng the tnter
section of:
1. Atlantic St. & Custer St.
2. Avoca St. & Green St.
3. Elm St. & E. 29th St.
.;. Evergreen & Karen Sts.
5. Fillmore St. & Adair S.
6. Hillcrest Rd. & Key Way Dr.
7. Jackson St. & E. 2.;th St.
8. Key Way Dr. and Keystone Dr.
9. Langworthy Ave. & Alpine St.
10. Langwo,thy Ave. & Booth St.
11. Langworthy Ave. & Nevada S.
12. Lincoln Ave. & Fengler SL
13. Maryville Dr. & Maplewood St.
1';. N. Grandview Ave. & Clarke
Dr.
15. Oakcrest Dr. & Maplewood St.
Adjourned S pedal Ses~n, S eptem ber 19,1977
483
16. Pearl St. & Finley St.
17. Pearl St. & Gilliam St.
18. Randall St. & Bradley St.
19. Rider St. & Bradley St.
20. St. Ambrose St. & Rosedale St.
21. Sheridan St. & Goethe St.
22. Solon St. & Alpine St.
23. Sycamore St. & E. 15th SL
24. Theda St. & Crissy Dr.
25. Vizaleea St. & Keymont
26. Walnut St. & w. 11th SL
27. Washington St. & E. 18th St.
28. Washington St. & E. 15th St.
29. Washington St. & E. 19th St.
30. Washington St. & E. 16th St.
31. Washington St. & E. 13th St.
32. Washington St. & E. 25th S.
33. Washington St. & E. 29th St.
34. Woodland Dr. & K,y Way Dr.
B. Northbound and southbound ve-h~
cles must stop before entering the
intersection of:
1. Bunker Hill Rd. & Clarke Dr.
2. Cherry & Finley Sts.
3. E. 17th & Washington Sts.
4. E. 21st & Elm Sts.
5. E. 21st & Washington Sts.
6. E. 24th & Jaclcson Sts.
7. E. 24th & Washington Sts.
8. E. 24th & White Sts.
9. E. 25th & White Sts.
10. E. 26th & White Sts.
11. E. 27th & White Sts.
12. E. 28th & White Sts.
13. E. 2.9th & White Sts.
14. E. . Oth & White Sts.
15. Hillcrest Rd. & Key Way Dr.
16. Kaufmann Ave. & CrissyDr.
17. Keystone Dr. & Key Way Dr.
18. Key Way Dr. & Woodland Dr.
19. Lincoln Ave. & Johnson St.
20. Lincoln Ave. & Kniest SL
21. Lincoln A ee. & Staff"d Ave.
22. N. Grandview Ave. & Delhi St.
23. Queen St. & 24th SL
24. Rosedale & A voca Sts.
25. Roosevelt St. & Lincoln Ave.
26. Westway SL & Key Way Dr.
C. Westbound vehicles must stop be-
fore entering the intersection of
1. Delhi SL & w. 5th St.
2. Fremont Ave. & KellyL,"
3. James St. & Mazzuehelli Hgts.
.;. Madison S. & Clarke Dr.
5. N. Grandview Ave. & Delhi St.
6. St. Anne Dr. & Ridge Rd.
7. University Ave. & Asbury.
8. University Ave. & J.F.K. Rd.
9. Windsor Ave. & Davis St. inter-
section.
D. Northbound vehicles must stop
before entering the intersection of:
1. E. ramp of Kerrigan Rd. &
Grandview Ave.
2. Fremont Ave. & WartburgPL
3. N. Grandview Ave. & Clarice
Dr.
ATTEST:
Leo F. Frommelt
City Cl"k
Mayor Stackis moved fioat adoption
of the Ordinance. Seconded by Council-
man Pregl". Carried by the following
vote:
Yeas-Mayor Slackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
ORDtNANCE NO. 63-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIOING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING SUB$ECTION (b) OF
SECTION 25.210 OF SAID CODE,
4. Rockdale Rd. & Grandview
Ave.
5. Saunders & Lemon Sts.
6. Woodland Dr. & Key Way Dr.
E. Eastbound vehicles must stop be-
fore entering the intersection of:
1. Bluff St. & w. 12th St.
2. Fremont Ave. & WartburgPL
3. P,ont St. & Harbor St.
4. James St. & Langworthy Ave.
5. .1.F.K. Rd. & University Ave.
6. Key Way Dr. & Keymont St.
7. Key Way Dr. & Westway St.
8. N. Grandview Ave. & Delhi St.
g. S. Ambrose St. & Clarice Dr.
10. Univcrsity Ave. & Asbury
11. Woodworth St. & Lowell St.
P. Southbound vehicles must stop be-
fore entering the intersection of:
1. Berlcley St. & Oak Crest Dr.
2. E. 21st & White St.
3. Fremont Ave. & Simp...n St.
4. Hawthorne St. & Front St.
5. Lincoln Ave. & Front St.
6. Lowell St. & Woodworth St.
7. N. Grandview Ave. & Clarke
Dr.
8. Shields St. & Jones St.
9. Windsor Ave. & Davis St.
10. Woodland Dr. & Foothill Rd.
Passed, adapted, and app,oved this
19th day of September, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberg"
James E. B"dy
Walter A. Pregt"
Councilmen
ATTEST:
Leo F. Frommelt
City Cterk
Published officially in the Teteg"ph
Herald Newspaper this 26th day of
Septemb" 1977.
Leo F. Fromme]t
City CI"k
It 9/26
Councilman P"gter moved finat adop-
tion of the O,dinance. Seconded by
Councilman Tully. Carded by the follow-
ing vote:
Yeas-Mayo, Slackis, Councilmen Brady,
Pregter, Tully, Wertzbergû'.
Nays-none.
ORDINANCE NO. 64.77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING SUBSECTION 4 OF
PARKING METER DISTRICT B OF
SECTION 25.326 OF SAID CODE TO
LIMIT PARKING TO 120 MINUTES AT
ANY ONE TtME ON THE WEST SIDE
OF IOWA STREET FROM WEST
Mayor Stackis moved final adoption
of the Ordinance. Seconded by Council-
man Brady. Carried by the following
vote:
Yeas-Mayor Sbckis, Counellmen Bmdy,
P"gler, Tully, Wertzberger.
Nays-none.
485
484 AdjournedSpecialSession,September19,1977
NINTH STREET TO WEST FOURTH ATTEST:
STREET, Leo F. Frommelt
presented and read. Mayor Stackis City Clerk
moved that the reading just had he con- Published officially in the Telegmph
sidered the first reading of the O,di- Herald Newspaper this 26th day of
nance. Seconded hy Councilman Brady. September 1977.
Carried by the following vote: Leo F. Frommelt
Yeas-Mayor Stackis, Councilmen Brady, City Clerk
Pregler, Tully, Wertzberger. 1t9/26
Nays-uone.
Mayor Stackis moved that the rule
requiriug an O,dinance to be received
aud filed at two meetings prior to the
meeting when finat action is taken, he
dispensed with. Seconded by Coun&
man Brady. Carried by the following
vote:
Yeas-Mayor Sbckis, Councilmen Brady.
Pregler, Tully, Wertzherger.
Nays-none.
ORDINANCE NO. 64.77
AN ORDINANCE OF THE CITY OF
DUBUQUE,"IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING SUBSECTtON 4 OF
PARKING METER DISTRICT B OF
SECTION 25.326 OF SAID CODE TO
LIMIT PARKING TO 120 MINUTES AT
ANY ONE TIME ON THE WEST SIDE
OF IOWA STREET FROM WEST
NINTH STREET TO WEST FOURTH
STREET.
THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBI)QUE, IOWA:
Section 1. That Suhsection 4 of
Parking Meter District B of Section 25-
326 of the Code of Ordinances of the
City of Dubuque, Iowa, be amended so
that such subsection shall read as fot-
tows:
"Sec. 25.326. Districts.
Parking Meter District B
4. Iowa Street, both sides be-
tween 3,d and 4th Streets and
the west side between4thStreet
and 9th Streets and both sides
between 10th and 11th Streets
and both sides between 12th and
13th Streets and the west side.
between 13th and Loras Boule-
vard."
Section 2. That all ordinances or
parts of ordinances in conflict with this
ordinance be and the same are hereby
repealed and of no further force or ef-
fect.
Passed, adopted, and approved this
6th day of September, 1977.
Emil Stackis
Maym
Thomas A. Tully Jr.
Rich.,d Wertzhérger
James E. Brady
Walter A. P,egter
Councilmen
Adjourned S pedal Session, September 19,1977
Yeas-Mayor Stackis, Councilmen Bmdy. ORDINANCE NO. 65.77
Pregb, Tully, Wertzbc,ger. AN ORDINANCE OF THE CtTY OF
Nays-none. DUBUQUE, IOWA, PROVIDING THAT
AN ORDINANCE vacating a portion THE CODE OF ORDINANCES, CITY
of Ruth Street abutting Lots 1-3 and OF DUBUQUE, IOWA, BE AMENDED
Lots 13-15 in King's Grove Addition in BY REVISING SUBSECTION 9 OF
the City of Dubuque, Iowa and direct- PARKING METER DISTRICT C OF
ing Notice of sale, p,esented and read. SECTION 25.326 OF SAID CODE TO
Mayor Stackis movcd that the ,eading LIMIT PARKING TO NOT LONGER
just had he considered the first reading THAN TEN HOURS ON BOTH SIDES
of the Ordinauce. Seconded by Council- OF FOURTH STREET BETWEEN LO.
man Tully. Carried by the followiug CUST STREET AND BLUFF STREET
vote: AND ON THE NORTH SIDE BE.
Yeas-Mayor Sbckis, Councilmeu Brady, TWEEN IOWA STREET AND LOCUST
Pregl", Tully, W"tzberg". STREET,
Nays-none. presented and read. Councilman Tully
Mayor Stackis moved that the rule moved that the reading just had be con-
requiring an Ordinance to be received sidered the first ,eading of the Ordi-
and filed at two meetings prior to tbe nance. Seconded by Councilman Wertz-
meeting when final action is takeo, be berg". Carried by the following vote:
dispensed with. Seconded by Council- Yeas-Mayo, Sbckis, Coond]men Bmdy,
man Tully. Carried by the following Pregler, Tolly, W"tzberg".
vote: Nays-none.
Yeas-Mayor Sbckis. Councilmen Ikady. Councilman Tully moved that the
Pregler, Tully, Wertzberger. ,ule requiriog an O,dinance to be re-
Nays-none. ccived and filed at two meetings prior
Mayo, Stackis moved that a public to the meeting when final action is tak-
heariog be held on the Ordinance on Oc- en. be dispensed with. Seconded by
tober 3, 1977 at 7:30 o'clock P.M. in the Councilman Wertzberge,. Carried by
Council Chamber at the City Hall and the following vote:
that the City Clerk be inskucted to Yeas-Mayo, Sbckis, Councilmen Brady,
publish notice. Seconded by Council- P"g]er, Tully, Wertz berg".
man Tully. Canied by the following Nays-none.
vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
Pregl", Tully, Wertzberger.
Nays-uone.
AN ORDINANCE of the City of Du-
buque, Iowa, p,oviding that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Section 25-257 of
said Code: providing that a vehicle dis-
playing a valid p.,king stick" to park a
motor vehicle upon those streets or po,-
tions of streets designated as two hour
time zones and shall be exempt f,om
subsection la) and Ib) of Section 25-257
AND An ORDINANOE of the City of
Dubuque, Iowa, p,oviding that the
Code of Ordinances, City of Dubuque,
Iowa, be amended by adding a section to
be numbered 25-333, p,oviding for a
vehicle displaying a valid parking stick-
er to park a motor vehicle upon the
st"ets of the CityofDubuque in parking
meter districts A. Band C and shall be
exempt from the p'ovisions of Section
25-327 and Section 25-328, presented.
Councilman Tully moved that the Or-
dinances be referred to the Council
Meeting of Octob" 3, 1977 for furth"
consideration. Seeonded by Councilman
Wertzb"ger. Carried by the following
vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully. Wertzberger.
Nays-none.
-
:'";¡¡C"~~':
RESOLUTION NO. 366.77
WHEREAS, there has been present-
ed to the City Council of the City of Du-
buque, Iowa a plat, dated September 7,
1977, prepared by Cullen, Kilby, Caro-
lan & Associates, Professional Engi-
neers and Land Surveyo,", covering
vacated Ruth St,eet abutting Lots 1-3
and 13-15 in King's Grove Addition in
the City of Dubuque, Iowa, and
WHEREAS, said plat conforms to
the laws and statutes pertaining there-
to:
NOW THEREFORE BE fT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1: That the plat dated Sep-
tember 7,1977, prepared by Cullen, Kil-
by, Carolan & Associates, P,ofessional
Engineers and Land Su,veyors, cover-
ing the real estate herein above de-
scribed, be and the same is h"eby ap-
proved and that the Maym and City
Clerk be and they are hereby authoriz-
ed and directed to execute said plat fo,
and on behatf of the City of Dubuque,
Iowa;
Section 2: That the City CI"k be
and he is hereby authorized and di,.ct-
ed to file said plat and certified copy of
this Resolutionin the office of the Re-
corder in and for Dubuque County,
Iowa.
" Passed, adopted, and approved this
19th day of September, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard W"tzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. F,ommett
City Cterk
Councilman P,egler moved adoption
of the Resolution. Seconded by Council-
man Wert"be'ger. Carried by the fo]-
towing vote:
ORDINANCE NO. 65.77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING SUBSECTION 9 OF
PARKING METER DISTRICT C OF
SECTION 25.326 OF SAID CODE TO
LIMIT PARKING TO NOT LONGER
THAN TEN HOURS ON BOTH SIDES
OF FOURTH STREET BETWEEN LO.
CUST STREET AND BLUFF STREET
AND ON THE NORTH SIDE BE.
TWEEN IOWA STREET AND LOCUST
STREET.
THEREFORE, BE tT ORDAINED BY
THE CITY COUNCIL OF THE CtTY OF
DUBUQUE, IOWA:
Section 1. That Subsection 9 of
Parking Meter District C of Section 25-
326 of the Code of Ordinonces of the
City of Dubuque, Iowa. be amended so
that said subsection shall read as fol-
lows:
"Sec. 25.326. Districts.
Parking Meter District C
9. Fourth Stree, both sides from
Locust to Bluff and the north
side from Iowa Street to Locust
Street. ..
Section 2. That all ordinances or
parts of ordinances in conflict with this
ordinance 'be and the same are hereby
487
Adjourned Special Session, September 19, 1977
486 AdjournedSpeciaiSession,September19,1977
repealed and of no furlher force or ef PARKING METER DtSTRICT B OF
fect. SECTION 25-326 OF SAID CODE TO
Passed, adopted, and approved this LIMIT PARKING TO 120 MINUTES AT
19th day of September, 1977. ANY ONE TIME ON BOTH SIDES OF
Emil Stackis EAST FOURTH STREET BETWEEN
Mayor WHITE AND CENTRAL AND ON THE
Thomas A. Tully Jr. SOUTH SIDE OF WEST FOURTH
Richard Wertzberger STREET BETWEEN CENTRAL AVE-
James E. Brady NUE AND LOCUST STREET.
Walter A. Pregler THEREFORE, BE IT ORDAINED BY
Councilmen THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Subsection 7 of
Porking Meter District B of Section 25-
326 of the Code of Ordinances of the
City of Dubuque, Iowa, be amended 80
thot said subsection shall read as fol-
lows:
"Sec. 25-326. Districts
Parking Meter District B
7. Fourth Street, both sides, be-
tween White Street and Central
A venue and the south side be-
tween Central A venue and Lo-
cust Street. "
Section 2. That all ordinances or
parts of ordinances in conflict with this
ordinance be and the same are hereby
repealed and of no further fM'ce or ef-
fect.
Passed, adopted, and approved this
19th day of September, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzbe'g"
James E. Brady
Walter A. Pregler
Councilmen
September 5, 1977. p,esented and read.
Couneilman Pregl" moved that the ,,-
fund be granted and City Audito, di-
rected to issue p,oper wa"ant. Second-
ed by Councilman Wertzberger. Car-
ried by the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzb"ger.
Nays-none.
Petition of Mary J. Vreeland ,equest-
ing a refund of $211.25 on unexpired
portion of Beer-Liquor License No. C-
9090-77, discontinued business on Aug-
ust 15, 1977. preseuted and ,ead. Coun-
cilman Pregl" moved that the refund
be granted and City Auditor directed to
issue prope,- war,"nt. Seconded by
Councilman Wertzberger. Carried by
the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregler, Tully, Wertzb"ger.
Nays-none.
Petition of Gary Bleme requesting a
refund of $18.75 on unexpi,ed portion of
Class "B" Beer Permit No. B-1393-77,
diseontinued business on August 26,
1977, presented and read. Councilman
Pregler moved tbat the refund be
granted and City Auditor directed to is-
sue proper warrant. Seconded by Coun-
cilman Wertzberger. Carried by the fol-
lowing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzherg".
Nays-none.
Petition of G"y Bleme requesting a
refund of $75. on unexpired portion of
Cigarette License No. 1294, discontinu-
ed business on August 26, 1977, pre-
sented and read. Councitman P,egter
moved that the refund be granted and
City Auditor directed to issue proper
w",rant. Seconded by Councilman
Wertzberger. Ca"ied by the following
vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregl", Tully, Wertzberg".
Nays-none.
Communication of Finley Hospital
sharing the concem of the city with re-
spect to the sto,m sewer prohlems at
P"kway as it joins West Third and ad-
vising they "e p"pared to accept their
responsibility, presented and read.
Chades R. Gilliam, President of Fin-
ley Hospital, and Dave Hammer addres-
sed the Council stating they have not
received a ,eport f,om the City; Data
and facts are needed.
Councilman Werizberger moved that
the communication be referred to the
City Manager and be be instructed to
proceed with negotiations in accord-
ance with Finley Lett" dated Septem-
b" 16, 1977. Seconded by Councilman
Tully. Carried hy the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregter, Tully, Wertzb"ger.
Nays-none.
Communication of Citizens Advisory
Commission endorsing the concept of a
Dubuque Youth Advisory Commission
and ,equesting consideration of the
Youtb proposals, presented and read.
Councilman Brady moved that the com-
munication be "ceived and filed. Sec-
onded by Councilman Wertzberg".
Ca"ied by the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
P,egler, Tully, Wertzh"ge,.
Nays-none.
Petition of Peoples Naturat Gas re-
questing p"mission to excavate at 1918
and 1926 Rhomb"g Ave.. presented
and read. Councilman W ertzberger
moved that the "quest be app,oved.
Seconded by Mayo, Stackis. Carried hy
the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregter, Tully, Wertzberger.
Nays-none.
Petition of Donald M. Kloft of 460 Lo-
ras iudicating an interest in the pur-
ehase of city-owned p,operty, W. 53' of
Lot 1 of Suh. 809 A. McDaniel's Suh. lo-
cated on Adington St,eet, presented
and "ad. Councilman Pregler moved
that the petition be referred to the City
Manager fo, investigation and report.
Seconded hy Councilman Wertzberg".
Ca"ied by the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregler, Tully, Wertzb"ger.
Nays-none.
Petition of Dubuque Y's Men's Club
requesting pe,mission to schedule the
annual Halloween Parade on Wednes-
day evcning, Octoher 26, 1977, present-
ed and read. Councilman P,egler moved
that the request he approved subject to
coordination of the City Manager. Sec-
onded by Councilman Wertzberger.
Ca"ied by the following vote:
Yeas-Mayor Sbckis, Couucilmeu Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Petition of Dubuque Downtown As-
sociation requesting cousideration fo,
the iustallation of a background music
system fo, the Downtown Plaza, pre-
sented and read. Councilman Pregler
moved that the petition be referred to
City Manag" and Staff. Seconded hy
Councilmau Wertzberger. Carried by
the following vote:
Yeas-Mayo, Sbckis, Councilmen B,"dy,
Pregler, Tully, Wertzb"ger.
Nays-none.
Petition of St. Columbkille's Parish
requesting a refund of $225. on uuexpi,-
ed portion of Be" Permits 13-3478 and
SB-3478-77 discontinued business on
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Telegraph
Herald Newspaper this 26th day of
September 1977.
Leo F. Frommelt
City Clerk
119126
Councilman Tully moved final adop-
tion of the Ordinance. Seconded by
Couneilman Wertzberger. Corried by
the following vote:
Yeas-Mayor Sbckis, Couneilmen Brady,
Pregler, Tully, Werizbergû'.
Nays-none.
ORDINANCE NO. 66-77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING SUBSECTION 7 OF
PARKING METER DISTRICT B OF
SECTION 25.326 OF SAID CODE TO
LIMIT PARKING TO 120 MINUTES AT
ANY ONE TIME ON BOTH SIDES OF
EAST FOURTH STREET BETWEEN
WHITE AND CENTRAL AND ON THE
SOUTH SIDE OF WEST FOURTH
STREET BETWEEN CENTRAL
AVENUE AND LOCUST STREET.
presented and read. Couucilman Tully
moved that the ,coding just had be con-
sid"ed the first reading of the Ordi-
nance. Seconded by Councilman Wertz-
berger. Ca"ied by the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
Councilman Tully moved that the
rule requiring sn Ordinance to be re-
ceived and filed at two meetings prior
to the meeting when final action is tak-
en, be dispensed with. Seconded by
Councilman W"tzb"ger. Carried by
tbe following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Tully, W"tzbû'g".
Nays-none.
ORDINANCE NO. 66.77
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING THAT
THE CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BE AMENDED
BY REVISING SUBSECTION 7 OF
ATTEST:
Leo F. Frommelt
City Clerk
Published officially in the Teleg'Zph
Herald Newspaper this 26th day of
September 1977.
Leo F. F,ommelt
City Clerk
119126
Councilman Tully moved final adop-
tion of the Ordinance. Seconded by
Councilman Wertzberger. C"ried by
the following vote:
Yeas-Mayor Sbckis, Councilmen Brady,
P"gter, Tully, Wû'tzberger.
Nays-none.
Petitiou of M"k Roby, "presenta-
tive of a Youth G,oup, requesting per-
mission to form a City Youth Commis-
sion, presented and "ad. Ma,k Derby,
Al Schockemoehl and Don Deich spoke
to the petition. CouncHmau B"dy
moved that the petition be received and
filed. Seconded by Councilman Wertz-
b"gc,. Ca"ied by the following vote:
488
Adjourned Special Session, September 19,1977
Adjourned Special Session, September 19,1977
489
Yeas,Mayor Sbckis, Councilmen P"g,
ler, Tully, Werlzberger.
Nays-Councilman Brady.
RESOLUTION NO. 367.77
RESOLUTION authorizing and providing
for the issuance of $10,525,000 Hospital
Facility First Mortgage Refunding and
Improvement Revenue Bonds (The Fin.
ley Hospital Project) Series 1977 (the
"Series 1977 Bonds") of the City of Du.
buque, Iowa, for the purpose of lending
the proceeds thereof to The Finley Hos.
pital to refund in advance the City's cur.
rently outstanding $4,250,000 Hospital
Facility First Mortgage Revenue Bonds
(The Finley Hosp]tal Project) Series A
(the "Series A Bonds") and to defray part
01 the cost of acquiring, constructing,
Improving and equipping certain build.
Ings and Improvements suitable for the
use of the voluntary nonprofit hospital
owned and operated by The Finley Hos.
pital; the execution and delivery of an In.
denture of Trust to secure the Series
1977 Bonds; the execution and delivery
01 a Loan Agreement between the City
and The Finley Hospital providing for the
repayment of the loan of the proceeds of
the Series 1977 Bonds and the securing
01 said repayment obligation; the execu.
tion and delivery of a Bond Purchase
Agreement providing for the sale of the
Series 1977 Bonds; the execution and
delivery of an Escrow Agreement provid.
ing for the refunding in advance of the
Series A Bonds; and related matlers.
WHEREAS, the City of Dubuque (the
"City"), a municipality and political subdivi-
sion in the Coonty of Dubuque, Sbte of
Iowa, is authorized by Chapter 419 of the
Code of Iowa, as amended (the "Act"), to is-
sue ,evenue bonds and toan the p,oceeds
to one or more contracting parties to be
used to pay the cost of land, buildings and
improvements suitabte for the use of any
volunbry nonpmfit hospibl; and
WHEREAS, the City is fu,ther anthor-
ized and empowered by the p,ovisions of
the Act to issue its refunding bonds to ",
fund its bonds the"tofore issued under the
Act; and
WHEREAS, The Finley Hospibt, an
Iowa nonprofit corporation (the "Corpo'a-
tion"), presently owns and operates a vol,
nntary nonprofit hospibt (the "Hospibl")
within the co'pomte limits of the City; and
WHEREAS, on May 13, 1975 the City
issued its $4,250,000 pdncipal amount of
Hospital Facility First Mortgage Revenue
Bonds (The Finley Hospibl Project) S"ies
A (the "Series A Bonds") dated Janu",y 1,
1975, all of which ",e currently out-
sbnding, for the purpose of loaning funds
to the Corporation to finance p",t of the
cost of certain buildings and improvements
snitahte for the use of the Hospital; and
WHEREAS, pu,"uant to publisbed nÛ"
tice of intention, this City Council has here,
tofore conducted a public hearing, as 'c-
quired by Section 419.9 of the Act, on the
proposal to issue its Hospital Facility First
Mortgage Refunding and Imp,ovement
Revenoe Bonds (The Finley Hospit~] PrÛ"
jcct) Series 1977 (tbe "S"ies 1977 Bonds")
in a p,incipat amount not exceeding
$10,750,000 fo, the pu'pose of refunding in
advance all of the Sedes A Bonds and fi-
nancing part of the cost of ce,bin buildings
and improvements snitab]e fo, the use of
the Hospital (tbe "Project"): and
WHEREAS, it has now been determin-
ed to be necess",y and advisable that the
S"ies 1977 Bonds should be issued in the
principal amount of $10,525,000 fo, said
pu'poses, and the issuance of the Sedes
1977 Bonds in such amount will p'°mote
the gene,"1 health and weU",e of the in,
habibnts of the City: and
WHEREAS, arrangements have been
made for the sale of the Series 1977 Bonds
to William G. Ceas & Company (the "Un,
derwdter"J:
NOW, THEREFORE, BE fT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, row A, AS
FOLLOWS:
Section 1. That Hospibl Facility First
Mortgage Refunding and Improvement
Revenue Bonds (The Fin]ey Hospi~'Ù PrÛ"
ject) Sedes 1977 (the "Sedes 1977 Bonds"),
of the City in the principat amount of
$10,525,000 be and the same are h"eby au-
thorized and o,dered to be issued pu,"uant
to an Indentu,e of T,ust (the "Indenture")
to be dated as of Septemb" 1, 1977 by and
between the City and Dubuque Bank and
Trust company, as trustee, in substantially
the form atbched h"eto as Exhibit A and
containing subs~'ntially the terms and prÛ"
visions set fo,th therein, fo, the purpose of
refunding in advance the Series A Bonds
and financing part of the eost of the
P,oject, including the esbblishment of cer-
bin funds and the payment of expenses in
connection therewith, through the toan of
the proceeds of the S"ies 1977 Bonds to
the Corpomtion and the Mayor and the
City Clerk are hereby authodzed and di-
rected to execute, attest, seat and deliver
the Indenture and the S"ies 1977 Bonds in
thc manner provided by the Indenture.
Section 2. That the City lend the prÛ"
coeds of the Sedes 1977 Bonds to the Cor-
pomtion for the above prescdbed purposes
pursuant to a Loan AgTeement (the "Loan
AgTeement") to be dated as of September
1, 1977 by and between the City and the
Corporation, in snbstantially the form at,
bched h"eto as Exhibit B and containing
subsbntially the t"ms and p,ovisions set
forth therein, including repayment provi-
sions and p,ovisions with respect to secur-
ing said repayment obligations, and the
Mayor and the City CI"k are hereby au-
thorizcd and directed to execute, attest,
seat and deliv" the Loan AgTeement.
Section 3. That the City sell the Series
1977 Bonds to the Underwrite," pocsuant
to a Bond Purchase AgTeement (the "Bond
Pu,chase AgTeement") dated as of the date
hereof, among the City, the Corporation
and the Und"writ", in subsbntially the
fo,m atbched hereto as Exh]blt C and con-
bining subsbntially the terms and p,ovi-
sions set forth therein, and the Mayo, and
the City Clerk are herehy authorized and
directed to execute, attest, seal and deliver
the Bond Pocchase AgTeement.
Section 4. That the City refund in ad-
vance the Series A Bonds pursuant to an
Escmw AgTeement (the "Esc,ow AgTee-
ment") dated as of September 1, 1977 by
and between the City, the Corpo'"tion and
The First National Bank of Dubuque, in
suhsbntially the form attached hereto as
Exhibit D and containing suhsbntially the
terms and provisions set fo,th therein, and
the Mayor and the City Clerk are hereby
autbo,ized to execute, attest, seal and deli-
ver the Es"ow AgTeement.
Section 5. That the distdbution by the
Und"w,it" of the Prelimin",y Official
Statement dated September 9, 1977 and a
finat Official Sbtement, subsbntially in the
fo,m of said Preliminary Official Sbtement
but with such changes the"in as are ap-
proved hy the Corporation, is he"by au-
thodzed and the Mayor is hereby authoriz-
ed to sign the same.
Section 6. That it is hereby found, de-
termined and declared that the Sedes 1977
Bonds and inte"st and premium, if any,
thereon shall never constitute the debt or
indebtedness of the City within the mean-
ing of any constitutional or sbtuto,y provi-
sion or limibtion and shall not constitute
nor give rise to a pecuniary liability of the
City 0' a ch",ge against its general "edit
or bxing powers, hut the S"ies 1977
Bonds and int"est and premium, if any,
thc,"on shall be payable solcly and only
from tbe ,evenues derived from the Loan
AgTeement and the secudty of the Co'PÛ"
'"tion delivered pursuant thereto: and no
part of the cost of the P,oject will be pay'
able out of tbe gene,"] funds or oth" con-
tdbutions of the City (exccpt the proceeds
of the Series 1977 Bonds and any subse-
quent issues of bonds permitted under the
Loan AgTeement and the Indentme).
Section 7. That the City hereby finds,
determines and declares that iii the amount
necess",y in eacb year to pay the principal
of, premium, if any, and int",est on the Se,
des 1977 Bonds is set forth in the Loan
AgTecment as a fo,mu]a which will insure
that the Co'poration is obligated to pay
amounts sofficient to pay the principal of,
premium, if any, and interest on the S"ies
1977 Bonds: (Ii) the amount nccess",y to
pay each ye", into any reserve funds which
this City Council deems advisable to esbb-
lish in connection with the "tirement of
the Series 1977 Bonds is set fo,th in the
Loan AgTeement and the Indentu" and no
other "serves are deemed necess",y or
advisable in connection with the retire-
ment of the Series 1977 Bonds or the main-
tenance of the P,oject or for any oth" pur-
pose: (ill) the Co'poration is obligated un-
der the Loan AgTeement to main bin the
Project and carryall prope' insu,"nce with
respect the'"to; liv) the Loan AgTeement
obligates the Corpo'"tion to comptete the
P,oject without any cost 0' liability to the
City; and (v) no land acquired by the City
by the exe"ise of condemnation th,ough
eminent domain will be used to effectuate
the purposes of the Aet in connection with
the Project.
Section B. That the Sedcs 1977 Bonds
shall not be subject to the general p,ovi-
sions of law, if any, p"sently existing or
that may he"after be enacted, respecting
the execution and dclivery of the bonds of a
municipality and respecting the retaining
of options of "demptioo in p,oceedings au-
thodzing the issuance of municipal secoci-
ties.
Section 9. That the Mayo, and the City
Cterk are he"by authorized and directed
to execute, attest, seal and delive,y any
and all documents and do any and all things
deemed necessary to effect the issuance
and sale of the Sedes 1977 Bonds and the
execution and deliv"y of the Loan AgTee-
ment, the Indenture, the Bond Purchase
AgTeement and the Escrow AgTeement,
and to cany out the intent and purposes of
this resotution, including the preamble
hereto.
.Section 10. That the p,ovisions of this
Resolution are herehy decla"d to he sep'
arable and if any section, phmsc 0' p,ovi-
sion shall for any ,eason he declared to be
invalld, such declamtion shall not affect the
validity of the remainder of the sections,
ph,"ses and provisions.
Section 11. That this Resotution shall
become effectivc immediatety upon its pas-
sage and approval.
Passed and approved September 19,
1977.
Emll Stackis
Mayor
ATTEST:
Leo F. Frommelt
City C]"k
Cooncilman W"tzberger moved adop-
tion of the Reso]ution. Seconded by Mayor
Sbckis. Ca"ied by tbc following vote:
Yeas,Mayor Sbckis, Councilmen Brady,
Preg]", Tully, WertzbergeL
Nays,none.
que, Iowa between tbe boms of 8:00 AM
and 5:00 PM, except Saturdays, Sun-
days and holidays. Additional informa-
tion concerning the Community Devel-
opmeut Block Grant Prog,"m may be
obtained from Dan Dittemore 0' Ha"y
Neustadt of the Depa,tmeut of Commu-
uity Development 1319-557-1930).
The Public Headngs will be held in
City Council Chambers, City Hall, 13th
and Central Strects, Dubuque, Iowa at
7:30 PM both on Octob" 3, 1977 and Oc-
tob" 17, 1977. Any person m mgauiza-
tion desidng to be heard will be given
an opportuuity to express their views
ou this amendment.
Leo F. Frommelt
City Cl"k
Councilman Tully moved adoption of
the Resolution. Seconded by Council-
man Wertzberger. Ca"ied by thc fol-
lowing vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregler, Tully, Wertzberg".
Nays-none.
Proof of Publication, certified to by
the Publishe" of Notice of Hearing on
Resotution of Necessity for construc-
tion of Sanitary Sewer and Wat"
Mains for Five F]ags, presented and
read. Councilman Wertzberger moved
that the p,oof of publication be received
aud filed. Seconded by Councilman
Pregler. Carried by the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregler, Wertzberger.
Nays-none.
Abstain-Councilman Tully.
(Necessity for Improvement)
RESOLUTION NO. 360.77
WHEREAS, proposed plans, specifi-
eations, and fmm of contract have been
duty prepared and approved by the
City Council of the City of Dubuque,
Iowa, and are now on !He in the office of
the City Cterk showing among other
things the following:
111 The plan of such improvement
121 An estimate of the cost of the im-
provement
for the "location of the sanitary sewer
and water main fo, the FIVE FLAGS
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisable and necess.,y for
the public welfare to make the herein
mentioned imp,ovement, and nnless
property owners at the time of the final
consid"ation of this proposed ,esolu-
tion have on file with the City Clerk, ob-
jections to the amount of the cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be construct-
ed and done in accordance with the
plans and specifications which have
ATTEST:
Leo F. F,ommett
City Clerk
Councilman W"tzb"g" moved fi-
nal adoption of the Resolution. Second-
ed by Councilman p"g]", Ca"ied by
the following vote:
Yeas-Mayor Sbckis, Councitmcu B,"dy,
Pregler, Wertzbe,ger.
Nays-none.
Abstain-Councilman Tully.
Decision of Council upon objec.
tlons to plans, specifications, form of
contract and cost of improvements.
RESOLUTION NO. 369.77
WHEREAS, proposed plans and spe-
cifications and form of cont,"ct fo, the
,elocation of the sanitary scw" and
water main for the FIVE FLAGS have
been approved by the City Couneil of
the City of Dubuque and public notice
given as provided by Section 384 of the
Code of Iowa, 1975, p"taining to public
contracts and bonds. and the time and
ptace fixed for the headng of all objec-
tions to said plans, specifications or con-
t,"ct for or cost of such improvements,
said time being this 19th day of Septem-
ber, 1977: and
WHEREAS, the City Council met in
adjou'ned "gu]ar session this 19th day
of September, 1977, at 7:30 o'clock P.M.
at the Council Chambers in tbe City
Hall fm the purpose of he.,ing all inter-
ested parties and considedng any and
all objections which have been filed to
the proposed plans, specifications or
contract for or cost of the imp,ovement
herein descdbed and p,oposed to be
made: and
WHEREAS, all interested parties
have been given an opportunity to be
heard and all objections which have
been duty weighed and considered:
now, the"fo"
490
Adjourned Special Session, September 19,1977
Adjourned Special Session, September 19,1977
491
".
RESOLUTION NO. 368.77
Authorizing Publication of Notice of
Public Hearings for the Purpose of
Amending Use of Community Devel.
opment Block Grant Funds Under
Grant Agreement B.77.MC.19.0004
Dated May 10, 1977.
WHEREAS, the City of Dubuque is
entitled und" Title I of the Housing
and Community Development Act of
1974 to certain Community Develop-
ment Block Grant funds: and
WHEREAS, the ,egulations govern-
ing the submission of an application, the
development of sueh application, and in
the development of any revisions, chan-
ges or amendments require that citi-
zens be p,ovided with adequate infor-
mation concerning the Community De-
ve]opment Block G,"nt Program: and
WHEREAS, it is deemed to be in the
best interests of the Community Devel'
opment Block Grant Program to hold
certain public hearings to supplement
meetings held by the Community De-
velopment Commission; now therefore
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the City CI"k be
and he is hereby authodzed and direct-
ed to publish notice of public hearings
in the form of "Exhibit A" attached
h"eto and made a part hereof.
Passed, adopted, and approved this
19tb day of September, 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzbe,ger
James E. Brady
Walter A. Pregle,
Couneilmen
ATTEST:
Leo F. Frommelt
city Cterk
EXHIBIT "A"
Public Hearings
Pursuant to Title I of the Housing
and Community Devetopment Act of
1974, the City Couneil will hotd two
public hearings for the purposes of ob-
taining the views of residents of the
City on the amending of Community
Development Block Grant Agreement
B-77-MC-19-O004 dated May 10, 1977 to
provide Twelve Thousand Two Hun-
dred Ten Dollars 1$12,210.001 for the
Siding, Re-Roofing, and Insutation of
the Dubuque Area Sheltered
Workshop.
A copy of Grant Agreement B-77-MC-
19-0004 dated May 10, 1977 and the p,o-
posed plans are on file and available at
the Department of Community Devel.
opment, 480 Fischer Building, Dubu-
been approved by the City Council and
arc now on file with thc City Clerk.
That the cost and expensc of making
said improvement will be paid from the
Community Deve]opment Fund and
Wat" Wo,ks General Fund.
The abovc ,eso]ution was introduced,
approved and ordered placed on file
with thc City Clerk this 6th day of Sep-
temb", 1977.
RECORD OF FINAL ADOPTION
The foregoing ,esolution was finally
passed and adopted, as proposed by the
City Council this 19th day of Septem-
her, 1977.
Emil Stackis
Mayo,
Richard We,tzb"g"
James E. B"dy
Walter A. Pregl"
Councilmen
BE 1'1' RESOLVED by the City Coun-
cil of the City of Dubuque, tbat all ob-
jections which have been made and
filed to thc plans, spedficalions, con-
t,"ct fo, 0' cost of said improvement
he"in described and proposed to be
made, be and the same he"by ove"ul-
ed and such plans, specifications and
fo,m of contract heretofo,e approved
are he"by adopted.
BE IT FURTHER RESOLVED that
this ,eso]ution containing the decision
of this Council upon all objections which
have been filed to the plans, specifica-
tions and form of cost said imp,ove-
ment be made a matt" of p"mancnt
record in connection with said improve-
ment.
Passed, adopted, and approved this
19th day of Septembc" 1977.
Emil Stackis
Mayo,
Rich.,d We,tzberge,
James E. B,"dy
Walt" A. P,eg]er
Councilmen
ATTEST:
Leo F. F,omme]t
City CI"k
Councilman Wertzberger moved
adoption of the Reso]ution. Seconded by
Councilman Preg]". Carried by the fol-
lowing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregle" Wertzberg".
Nays-none.
Abstain-Councilman Tully.
(Ordering Construction)
RESOLUTION NO. 370.77
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBU-
QUE, lOW A that pursuant to a Resolu-
tion of Neeessity No. 360-77 which was
duly passed by this Council fo, the im-
provement of "location of the sanitary
sewer and water main for the FIVE
FLAGS
Be and same is hereby ordered con-
structed by this Council upon its own
motion and with 0' without the petition
of propc,ty own"s.
All work shall be const,ucted in ac-
cordance with the plans and specifica-
tions he"tofore adopted and now on
file in thc office of the City Clerk.
BE IT FURTHER RESOLVED that
the cost and expense of said improve-
ment be paid from the Community
Development Fund and Water Works
Generat Fund.
BElT FURTHER RESOLVED that
this resolution being deemed u'gent
and of IMMEDIA TE NECESSITY shall
be in force and effect from and after its
passage and adoption by the City Coun-
cil.
~
Development and Investment Act of
1976 as amended by tbe Public Works
Employment Act of 1977. the Economic
Deve]opment Administration has ap-
proved an application !fled by the City
of Dubuque to provide financial assis-
tance for Construction of Inteneptor
Sanitary Sewers.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA:
Section 1. That the Mayor is h"eby
authodzed and directed to execute a
Grant Agreement not to exceed $50,000
with tbe Economic Development Ad.
ministration for EDA Project No. 05-51-
26571 Construction of Interceptor Sani-
tary Sewers.
Passed, adopted, and app,oved tbis
19th day of September, 1977.
Emil Stackis
Mayor
Richard Wertzberg"
James E. B,"dy
Walter A. P"gt"
Councilmen
ATTEST:
Leo F. Frommelt
City Cl"k
Councilman Wertzberger moved
adoption of tbe Reso]ution. Seconded by
Councilman Pregter. Carried by the fol-
lowing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Wertzberg".
Nays-none.
Abstain-Councilman Tully.
September 9, 1977
To the Honorable Mayo,
and City Council
Enclosed a" the preliminary plans,
specifications and estimate for the ,,-
construction of the Flo," Park Tennis
Courts.
AdjournedSpecialSession,September19,1977 493
(Necessity for Improvement) BE IT 'fHEREFORE RESOLVED
RESOLUTION NO. 374-77 that on the 3rd day of Octobe" 1977. a
WHEREAS, proposed plans, specifi- public beadng will be at 7:30 p.m. in the
cations, and fo,m of contract bave been Council Cbamb" of tbe City of Dubu-
duly prepared and appeoved by tbe que at wbich time tbe objectors fo, the
City Council of the City of Dubuque, proposed improvement may appe., and
Iowa, and a" now on file in the office of make objection to tbe proposed plans
the City Clerk showing among oth" and specifications, fo,m of cont'"ct and
things the following: cost of said imp,ovement. and the City
III The plan of such improvement Cl"k be and he is hereby di"cted to
121 An estimate of tbe cost of the im- cause a notice of time and place of such
provement . headng to be published in some news-
for tbe reeonstruction of the Flo," Pa,k paper published in the City of Dubuque,
'fennis Cou,ts Iowa which shall be not less than four
BE IT THEREFORE RESOLVED days nor more than twenty days prio,
tbat the City Council on its own motion, to the day fixed fo, its conside,"tion,
deems it advisable and necessary for and tbe City CI"k be and he is hereby
the public we]f.,e to make the he"in directed to have published the notice of
mentioned improvement, and unless pendency for said improvement, and
p,ope,ty owners at the time of the final the City Clerk is h"eby directed to ad-
consideration of this p,oposed resolu- vertise for proposals to the contractms
tion have on !fie with the City CI"k, ob- for the construction of the above men-
jections to the amount of the cost of the tioned improvement.
improvement, they shall be deemed to Passed, adopted, and approved this
have waived all objections thereto. 19th day of September, 1977.
Said improvement shall be constmct- Emil Stackis
ed and done in aecordance with the Mayor
plans and specifications which have Rich.,d Wertzb"ge,
been approved by the City Council and James E. Brady
are now on !fie with the City Clerk. Walter A. Pregler
That the cost and expense of making Councilmen
said improvement will be paid from ATTEST:
Local Public Works Fund 51. Leo F. Frommelt
The above resolution was int,oduced. City Clerk
approved and o,dered placed on file Councilman P"g]e, moved adoption
with the City Clerk this 19th day of of the Resolution. Seconded by Council-
Septembcr, 1977. man W"tzberg". Carded by the fo]-
Approved and placed on.!fIe fo, final lowing vote:
action. Yeas-Mayor Sbckis, Conncilmen Brady,
APPROVED: Pregler. Wertzb"ger.
Emil Stackis Nays-none.
Mayor Abstain-Conncilman Tully.
Rich.,d Wectzb"ger September 13. 1977
James E. Brady Honorab]e Mayo, and
Walter A. p"gl" City Conncil
ATTEST' Councilmen Enc]osed a" plans, specifications and
Leo F. ¡',omme]t ~sti~ates fo, replacement of windows
City Clerk m CIty Hall. . .. .
Councilman Pregler moved app,oval Thl8 proJeet 18 bel~g fInanced wIth
of the Resolution. Seconded by Coun- Pubhc Works Funds m the amount of
cilman Wertzbe'g". Carried by the fol- $54.172.
lowing vote:
Yeas-Mayor Sbckis. Councilmen B"dy.
Pregler. W"tzbe'g",
Nays-none.
Abstain-Councilman Tully.
(Fixing Date of Hearing)
RESOLUTION NO. 375.77
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
prelimin.,y app'ova] on the proposed
ptans, specifications, and form of con-
tract and placed same on !fie in the of-
fice of the City Clerk for public inspec-
tion for the reconstructien of the Flora
Park Tennis Courts.
492
Adjourned Special Session, September 19,1977
Passed, adopted, and approved this
19th day of September. 1977.
Emil Stackis
Mayo,
Richard Wertzberger
James E. Brady
Walt" A. Pregt"
Councilmen
ATTEST:
Leo F. Frommelt
CityCle,k
Councilman Wertz berge, moved
adoption of the Resolution. Seconded by
Councilman Pregl". Carded by the fol-
lowing vote:
Yeas-Mayor Sbckis. Councilmen Brady,
Pregler, Wertzberger.
Nays-none.
Abstain-Councilman Tully.
RESOLUTION 371-77
WHEREAS, th"e has been present-
ed to the City Council of Dubuque. Iowa
the Financial Report, City of Dubuque,
Iowa Fire & Police Retirement Systems
for the fiscal year ended June 30, 1977;
and
WHEREAS, the City Council, City of
Dubuque, Iowa. has examined same and
finds that said repo,t should be approv-
ed.
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Financiat Re-
port, City of Dubuque, Iowa Fire & Po-
lice Retirement Systems for the fiscal
yea, ended June 30, 1977, p"sented to
the City Council of the City of Dubuque,
Iowa, be and the same is h"eby approv-
ed.
Passed, adopted, and app,oved this
19th day of September, 1977.
Emil Stackis
Mayor
Thomas A. Tully J,.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Wertz berge, moved
adoption of the Resolution. Seconded by
Councilman Tully. Ca"ied by the fol-
towing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler. Tully, We,tzberg".
Nays-none.
RESOLUTION NO. 372.77
Authorizing the Execution of a Grant
Agreement with the Econom]c Devel.
opment Administration for Construe.
tion of Interceptor Sanitary Sewers
WHEHEAS, pursuant to the p,ovi-
sions of the Local Public Works Capital
Gilb"t D. Chavenelle
City Manager
Councilman P,egl" moved that the
communication be received and filed.
Seconded by Councilman Wertzb"ger.
Carded by the following vote:
Yeas-Mayo, Stackis, Councilmen Brady.
Pregler, W"tzb"g".
Nays-none.
Abstain-Cooncilman Tnlly.
RESOLUTION NO. 373.77
Approval of P,elimin.,y Estimate,
plans and specs. for reconst,uctiön of
Flora Park Tennis Con,ts, in the
amount of $60,039.94, p,esented and
"ad. Councitman P,eg]" moved adop-
tion of the Resolution. Seconded by
Councilman W ertzbe,ger. Ca"ied by
the following vote:
Yeas-Mayo, Sbckis. Councilmen B"dy,
P,egler. Wert,berg".
Nays-none.
Abstain-Councilman Tully.
Gilbert D. Chavenelle
City Manager
Councilman Wert,berg" moved that
the commnnication be received and
filed. Seconded by Conncilman Pregler.
Carded by the following vote:
Yeas-Mayor Sbckis, Councilmen B"dy.
Pregl", Wertzb"ger.
Nays-none.
Abstain-Councilmao Tully.
RESOLUTION NO. 376.77
App'ova] of preliminary estimate for
replacement of windows in the City
Hall in the amount of $54.172, present-
ed and read. Conncilman Wertzberger
AdjournedSpeciaiSession,September19,1977 495
RESOLUTION NO. 379.77 Yeas-Mayor Sbckis, Councilmen B"dy,
Approval of p,"liminary estimate P,"gter. Wertzberger.
plans and specs. for construction 0/17th Nays-none.
Street Storm Sewer in the estimated Abstain-Councilman Tully.
amount of $456,604.03, presented and
read. Councilman Wertzberge, moved
adoption of the Resolution. Seconded by
Councilman Pregler. Ca"ied by the fol-
towing vote:
Yeas-Mayor Sbckis, Councilmen B"dy,
Pregler, W"tzberger.
Nays-none.
Abstain-Councilman Tully.
(Necessity for Improvement)
RESOLUTION NO. 380.77
WHEREAS, proposed ptans, specifi-
cations, and form of contract have been
duly prepared and approved by the
City Council of the City of Dubuque,
Iowa, and are now on me in the office of
the City CI"k showing among other
things the following:
III The plan of such improvement
(21 An estimate of the cost of the im-
provement
for the construction of the Seventeentb
Street Storm Sewer.
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisable and necessary for
the public welfare to make the herein
mentioned improvement, and unless
prop"ty owners at the time of the final
consideration of this proposed resolu-
tion have on me with the City Cterk. ob-
jections to thc amount of the cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be construct-
ed and done in accordance with the
plans and specifications which have
been approved by the City Cooncil and
",e now on file with the City Clerk.
That the cost and expense of making
said improvcment wHl be paid f,om the
Locat Public Works Fnnd 51.
The above resolution was introduced,
app,oved and o,dered placed on !He
with the City Clerk this 19th day of
September, 1977-
App,oved and placed on me fo, final
action.
APPROVED:
Emil Stackis
Mayo,
Rich"d Wertzberg"
James E. Brady
Walter A. Prcgler
Councilmen
(Fixing Date of Heering)
RESOLUTION NO. 378.77
WHEREAS, the City Council of the
City of Dubuque, Iowa has given its pre-
liminary approval on the proposed
plans. specifications, and form of con-
tract and placed same on !He in the of-
fice of the City Clerk for public inspec-
tion for the Replacement of windows in
City Hall, 13th & Central Avenue, Du-
buque, Iowa
BE IT THEREFORE RESOLVED,
that on the 3rd day of Octobe" 1977, a
public hearing wHl be hetd at 7:30 P.M.
in the Council Chamber of the City of
Dubuque at which time the objectors
for the proposed improvement may
appear and make objection to the pro-
posed plans and specifications and pro-
posed form of contract, to the cost of
the improvement and the City Clerk be
and he is hereby directed to cause a
notice of the time and place of such hea-
ring to be published in some newspaper
published in the City of Dubuque which
shall be not tess than four nor more
than twenty days prior to the day fixed
for its consideration, and said CI"k is
further inst,ucted to adv"tise fo, pro-
posals for the construction of the afore-
mentioned imp,ovements.
Passed, adopted, and app,oved this
19th day of Septemb". 1977-
Emil Stackis
Mayo,
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTES1':
Leo F. Fromme]t
City CI"k
Councilman W ertzbcrger moved
adoption of the Reso]ution. Seconded by
Councilman Pregler. Carried by tbe fol-
towing vote:
494
Adjourned Special Session, September 19,1977
moved adoption of the Resolution. Sec-
onded by Councilman Pregler. Carried
by the following vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregl", Wertzberger.
Nays-none.
Abstain-Councilman Tully.
(Necessity for Improvement)
RESOLUTION NO. 377-77
WHEREAS. proposed ptans. specifi-
cations, and form of contract have been
duly prepared and approved by the
City Council of the City of Dubuque,
Iowa. and are now on !He 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 Replacement of windows in City
Hall, 13th & Central A venue, Dubuque,
Iowa
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisable and necessary for
the public welfare to make the h"ein
mentioned improvement, and unless
property own"s at the time of the finat
consideration of this proposed resolu-
tion have on me with the City Clerk, ob-
jections to the amonnt of the cost of the
improvement, they shall be deemed to
have waived all objections thereto.
Said improvement shall be const,uct-
ed and done in accordance with the
plans and specifications which have
been approved by the City Council and
are now on me with the City Clerk.
That the cost and expense of makIng
said improvement wHl be paid f,om the
Local Public Works Fund 51.
The above resolution was iutroduced,
approved and o,dered ptaced on me
with the City Cterk this 19th day of
Septemb",1977.
Approved and placed on !He fo, final
action.
APPROVED:
Emil Stackis
Mayor
Richard Wertzberg"
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City CI"k
Councilman W"tzberger moved ap-
proval of the Resolution. Seconded by
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor Sbckis, Councilmen Brady,
Pregler, Wertzbcrger.
Nays-none.
Abstain-Councilman Tully.
ATTEST:
Leo F. Frommelt
City Cle,k
Councilman Wertzberger moved
adoption of the Resolution. Seconded by
Councilman Pregler. Carried by the fol-
lowing vote:
Yeas-Mayor Stackis, Councilmen
B,,-dy, Pregter, Wertzberger.
Nays-none.
Abstain-Councilman Tully.
September 13, 1977
To the Honorsble Mayor
and City Conncil
Enclosed are the plans, specifications
and estimate for the construction of the
Seventeenth Street Stom Sew".
Gilbcrt D. Chavenellc
City Manager
Councilman Wertzberger moved that
the communication' be ,"ceived and
filed. Seconded by Councilman Pregler.
Carried by the following vote:
Yeas-Mayo, Sbckis, Councilmen B"dy,
Pregler. Wcrtzberge,.
Nays-none.
Abstain-Councilman Tully.
(Fixing Date of Hearing)
RESOLUTION NO. 381.77
WHEREAS, the City Council of the
City of Dubuque, Iowa, has given its
preliminary app,oval on the proposed
ptans, specifications. and form of con-
tract and ptaced same on me in the of-
fice of the City Clerk for public inspec-
tion for the construction of the Seven-
teenth Street Storm Sewer.
BE IT THEREFORE RESOLVED
that on the 3rd day of October, 1977, a
public hearing wHl be at 7:30 p.m. in the
Council Chamber of the City of Dubu-
que at which time the objectors fo, the
proposed improvement may appea' and
make objection to the proposed plans
and specifications, form of contract and
cost of said imp,ovement, 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-
pap" 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 C]"k be and he is hereby
directed to have published the notice of
pendency fo, said improvement, and
the City CI"k is hereby directed to ad-
vertise for p,oposals to the contractors
for the construction of the above men-
tioned imp,ovement.
Passed, adopted, and app,oved this
19th day of September. 1977-
Emil Stackis
Mayor
Richard Wertzberg"
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. F,ommelt
City Clerk
Councilman We,tzberg" moved
adoption of the Resolution. Seconded by
Councilman P,egler. Carried by the fo]-
towing vote:
Yeas-Mayor Stackis. Councilmen Brsdy,
Preg]", Wertzberger.
Nays-none.
Abstain-Councilman Tully.
August 30. 1977
To the Honorable Mayor
and City Council
This is to advise you that the sanita-
ry sewer const,ucted on West 32nd
St,eet from Carter Road, westerly to
John F. Kennedy Road. has been com-
pleted substantially in accordance with
496
Hono,ab]e Mayor
and Councilmen
The City of Dubuque Planning and
Zoning Commission has ,"viewed the
final plats subdividing Block 6 and
Adjourned Special Session, September 19,1977
Adjourned Special Session, Septem ber 19,1977
497
plans and specifications by Tri-State
Paving Company of Dubuque, Iowa.
Gilhe,t D. ChaveneHe
City Manager
Councilman y.¡ ertzberger moved that
tbe communication' be ,"ceived and
filed. Seconded by Cotincilman TuHy.
Cnrried by tbe following vote:
Yeas-Mayo, Sbckis. Couneilmen Brady,
Pregler, Tully. We,tzberge,.
Nays-none.
(Final Estimate)
RESOLUTION NO. 382.77
WHEREAS, the contmct for tbe
West 32nd Street SAllitnry Sew" from
Carie, Road westerly to J. F. Kennedy
Road has been completed and the City
Engineer has submitted his final esti-
mate showing the cost thereof including
the cost of estimates, notices, inspec-
tion, and preparing the assessment and
ptat, now therefo,",
BE IT RESOLVED, by the City
Council of the City of Dubuque, that thc
cost of said imp,ovement is he,eby
determined to be $186,159.71.
That $105,604.54 of the cost thereof
shaH be assessable upon private pro-
pe,ty and $80,555.17 shall be paid f,om
the Sewage Rentat Fund of the City of
Dubuque.
Passed, adopted and approved this
19th day of Septembe" 1977.
Emil Stackis
Mayo,
Thomas A. TuHy k
Richard Wertzbe'g"
James E. Brady
Wa]t" A. P"gler
Couneilmen
ATTEST:
Leo F. Frommelt
City C¡"k
Councilman Wertz bergeI' moved
adoption of the Resolution. Second-
ed by Councilman Tully. Carried by the
following vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
Pre gteI', TuHy, Wertzberger.
Nays-none.
(A Resolution Accepting Improve.
ment and Direcllng the Clerk to
Publish Notice)
RESOLUTtON NO. 383-77
WHEREAS, the contract for the
West 32nd St,eet Sanitnry Sewer from
Carter Road westerly to John F. Ken~
nedy Road has heen completed and the
City Manager has examined the wo,k
and filed his certificate stating that the
same has been completed acco,dfng to
the terms of the eontraet, ptans and spe-
cifications and recommends its aecept~
ance. now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque, that the
reeommendation of the City Manager
be approved and tbat said imp,ovement
be and the same is he,eby accepted and
the City Engine" he aud is hereby di-
'ected to prepnre a plat and schedute
showing the tots 0' parcels of ,eal es-
tate subject to assessment for said im-
p,ovement and file the same in the of-
fice of the City Clerk subject to public
inspection and said Clerk shaH upon re-
ceipt of such plat and schedule publish
the notice of the Council's intention to
levy special assessments therefor, as
required hy taw.
BE IT r'URTHERRr;SOLVED, that
the City Treasurer be and he is h"eby
direeted to pay to the contractor f,om
the funds to be realized f,om the sale of
Sewer bonds issued upon the above de~
scribed improvement in amount equal
to the amount of his contmet, less any
retained pe,centage provided for the"~
in. '
Passed, adopted and app,oved this
19th day of September, 1977.
Emil Stackis
Mayo,
Thomas A. Tully Jr.
Richnrd Wertzbe'ger
James E. Brady
Wa]t" A. Pregler
Couneilmen
benefits of city govemment if said p'op-
erty is inco'pomted within the limits of
the City of Dubuque, Iowa, to wit. the
benefits of poliee and fi" protection
and the securing of wat" and other mu-
nicipal se,.ices; and
WHEREAS Chapte' 368 of the Code
of Iowa, as amended, authorizes the ex-
tension of city limits under such cireum-
stances by adoption of a Resotution
therefo,e; and
WHEREAS the futu" g,owth, or-
d"ly devetopment and preservation of
the public health of the City of Dubu~
que, Iowa make it impemtive that said
premises be made a part of the City of
Dubuque, Iowa:
NOW THEREFORE BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE. IOWA AS
FOLLOWS:
Section 1. That the territorial limits
of the City of Dubuque, Iowa be, and
they he,eby nre, extended to include
the area comprised of the following de-
scribed rea] estate:
Lot 2 of Lot 1 of Lot 1 of l.ot 1 of
Lot 1 of "Henschel's Black For-
est" in Tabte Mound Township,
Dubuque County. Iowa, acco,d~
ing to the ,eco,ded ptats th"eof,
subject to easements of "co,d
(Said property being shown upon the
plat attached hereto, mnrked Exhibit
"A" and hy this reference made a pnrt
he"of. the bounda,ies of which proper-
ty nre outlined in "d the"on.1
Section 2. That the premises he,"in
annexed shall become a part of the thir~
teeath voting p"cinct in the City of Du-
buque, Iowa.
Passed. adopted and app,oved this
19th day of September, 1977.
Emil Stackis
Mayo,
Thomas A. Tully k
Richard Wertzb"ge,
James E. Brady
Wa]t" A. Pregler
Councilmen
ATTEST:
Leo F. F,ommelt
City Clerk
Councilman We,tzberge, moved
adoption of the Resolution. Seconded by
Councilman TuHy. Carried by the fo]-
lowing vote:
Yeas-Mayor Sbckis. Councilmen Brady,
P"gter, TuHy, We,tzberger.
Nays-none.
Application of Henry L. & Lois Cat-
Ian requesting annexation of Lot 2 of
Lot 1 of I,ot 1 of Lot 1 of Lot 1 of "Hen-
schel's Black Forest" in Tab]e Mound
Township, Dubuque County, Iowa. p"-
sented and "ad. Councilman Wertzb,,-
g" moved that the annexation be ap~
proved. Seconded by Councilman TuHy.
Carried by the following vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
P"gl." Tully, We,tzherge,.
Nays-none.
ATTEST:
Leo F. Frommelt
City C]e,k
Councilman We,tzbe'g" moved
adoption of the Resn]ution. Seconded by
Councilman Tully. Canied by the fol~
lowing vote:
Yeas-Mayo, Stackis. Councilmen Bmdy.
Pregler, Tully. W"tzberg".
Nays-none.
RESOLUTION NO. 384.77
WHEREAS the owners of an a"a ap-
p,oximatety one acre in size lying
southwest of the main portion of the
City of Dubuque. Iowa and immediately
eontiguous to the roadway identified as
the extension of Richnrds Road, now
voluntarily petition the City Council for
annexation of their property to the City
of Dubuque, Iowa; and
WHEREAS the inhabitants of said
premises will be enabled to secu" the
August 19. 1977
Block 7 both in Phase 1 of Stone HHl
Community No.1, into Block 8 and redi-
viding Block 8 Phase One of Stone HHl
Community into Lots 1 th,ough 6. The
property is located at the southwest
eom" of the inte"ection of Stone
Ridge Drive and Windsor Avenue in
the City of Dubuque, Iowa, as depicted
on the attached map.
The Planning and Zoning Commis-
sion has voted to apþrove the final plats
as submitted and "commends your fa-
vorable considemtion.
City Planning
and Zoning Commission
Danie] Dittemo"
Director of
Community Development
Couneilman W"tzb"g" moved that
the communication be "ceived and
filed. Secnnded by Mayo, Stackis. Car-
ried by the following vote:
Yeas-Mayor Sbckis. Councilmen Brady.
Pregter. Tully, Wertzb"ger.
Nays-none.
RESOLUTION NO. 385.77
Resolution Approving Plat of the Sub.
division of Block 6 and Block 7, each
in "Phase One of Stone Hill Commu.
nity Subdivision No.1", in the City of
Dubuque, Iowa.
WHEREAS tbe" has been filed with
the City Cle,k a plat in which Block 6
and Block 7, each in "Phase One of
Stone Hill Community Subdivision No.
I", in the City of Duhuque, fowa is piat-
ted as: Lots 1, 2. 3 and 4, each of the
Subdivision of Block 6 in "Phase One of
Stone Hill Community Subdivision No.
I", and Lots 1.2,3,4 and 5, eacb of the
Subdivision of Block 7 in "Phase One of
Stone Hill Community Subdivision No.
I", each in the City of Dubuque. Iowa
and,
WHEREAS said ptat has been exam~
ined by the City Planning Commission
and had its approval endo"ed thereon:
and.
WHEREAS said plat has been exam~
ined by the City Council and they find
the same conforms to the Statutes and
O,dinances "Iating thereto;
NOW. THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A.
Section 1. That the above des"ibed
ptat he and the same is hereby app'ov-
cd and the Mayo, and C]"k be and they
are he",by authorized and di"cted to
endo"e the approval of the City upon
said pial.
Y eas~Mayor Slackis, Councilmen Brady.
P"'gle" Tully. W"tzb"g",
Nays~none.
ATTEST:
Leo F. Frommelt
City C]"k
Councitman Wertzberger moved a-
doption of the Reso]ution. Seconded hy
498
Adjourned Special Session, September 19,1977
Adj<>urned Special Session, September 19, 1977
499
Passed, adopted and approved this
19th day of Septemb", 1977.
Emil Stackis
Mayo,
Tbomas A. Tully k
Richard We,tzherge,
James E. Brady
Walt" A. Pregl"
Councilmen
ATTEST:
Leo F. F,ommelt
City CI"k
Councilman W e,tzberger mnved
adoption of the Reso]ution. Seconded hy
Mayor Stackis. Carded by the following
vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
P,eg]", Tully, Wertzherger.
Nays-none.
RESOLUTION NO. 386.77
Resotution App,oving Plat of Block 8 in
"Phase One of Stone Hill Community
Subdivision No. I" in tbe City of Dubu..
que, Iowa
WHEREAS there has been filed with
the City Clerk a plat in which Lot 1 of
B]ock 6, Lot 2 of Block 7, Lot 3 of Block
7, Lot 4 of Block 7 and Lot 5 of Block 7,
each in "Phase One of Stone Hill Com-
munity Snhdivision No.1" in the City of
Dubuque, Iowa, is ptatted as: Block 8 in
"Phase One of Stone Hill Community
Subdivision No.1" in the City of Dubu-
que, Iowa and,
WHEREAS said plat has been exam~
ined by the City Planning Commission
and had its approval endorsed thereon;
and,
WHEREAS said plat has been exam-
ined by the City Council and they find
the same conforms to the Statutes and
Ordinanees relating the,eto;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA.
Section 1. The above descdbed plat
be and the same is hereby approved and
the Mayo, and CI"k be and they are
hereby authodzed and directed to en~
dorse the approval of the City upon said
plat.
Passed, adopted and approved this
19th day of Septemb", 1977.
Emil Stackis
Mayor
Thomas A. Tully Jr.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. F,ommelt
City CI"k
Councilman Wertzbe'g" moved
adoption of the Resotution. Seconded by
Mayor Stackis. Carded by the following
vote:
,The above resolution was introduced,
approved and ordered ptaced on file with
the City Clerk this 19th day of Septem-
ber,1977.
App,oved and placed on file for final
action.
Septemh" 12. 1977
To the Honorab]e Mayor
and City Council
Enclosed a" p,'elimina,y plans and
specifications and an estimate fo, in-
stallation of 12" wat" main on Fremont
Avenue and a 16" water main on Cedar
Cross Road.
Gilbe,t D. Chavenelle
City Manager
Councilman Werlzbe'ge, moved that
the communication be received and
filed. Seconded by Councilman P"g]er.
Carried by the following vote:
Yeas~Mayo' Stackis. Councilmen Bmdy,
p"g]". Tully. W"tzberger.
Nays-none.
RESOLUTION NO. 387.77
App,ova] of P"liminary Estimate of
specs. and plans fo, const,uction of 12"
F"mont Water Main and 16" Cedar
Cross Wat" Mains in the amount of
$83,119.90, p"sented and "ad. Council-
man Wertzb"g" moved adoption of
the Resolution. Seconded by Council-
man P"gl". Ca"ied by the following
vote:
Yeas~Mayor Sbckis, Councilmen Brady,
Pregler, Tully, Wertzherg".
Nays~none.
(Necessity for Improvement)
RESOLUTION NO. 388.77
WHEREAS, p,oposed ptans, specifi-
cations, and form of contmct have been
duly prep"ed and approved by the City
Council of the City of Dubuque, Iowa,
and are now on file in the office of the
City Cle,k showing among othe, things
the following:
1. The plan of such imp,ovement
2. An estimate of the cost of imp,ove-
ment for the installation of a 12"
wate, line on Fremont A venue and a
16" water line on Cedar Cross Road.
BE IT THEREFORE RESOLVED
that the City Council on its own motion,
deems it advisabte and necessary for the
public welfare to make the herein men-
tioned imp,ovement, and unless p,op"-
ty owners at the time of the finat consid-
eration of this proposed resotution have
on file with the City C]"k, objections to
the amount of the cost of the imp,ove-
ment, they shall be deemed to bave wai-
ved all objections thereto.
Said improvement shall be construct-
ed and done in accordance with the plans
and specifications whieh have been
approved by the City Council and are
now on file with the City Clerk. That the
cost and expense of making said impro-
vement from Water Depa,tment's 1m-
provemeot Fund.
Emil Stackis
Mayor
Thomas A. Tully J,.
Rich"d Wertzbe,ger
James E. Brady
Walter A. Pregl"
Councilmen
ATTEST:
Leo F. F,ommelt
City Clerk
Councilman Wertzberger moved ap-
prova] of the Resolution. Seconded by
Councilman P"gter. Carried by the fo]-
lowing vote:
Yeas-Mayor Sbclds, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none.
(FIXING DATE OF HEARING)
RESOLUTION NO. 389-77
WHEREAS, the City Council of the
City ofDubuque, Iowa, has given its pre-
liminary app,ovat on the proposed plans,
specifications, and fom of eon tract and
placed same on file in the office of the
City Clerk for public inspection for the
installation of a 12" water line on Fre
mont Avenue and a 16" water line on
Ced" Cross Road.
BE IT THEREFORE RESOLVED
that on the 3rd day of Octob", 1977, a
public hearing will be at 7:30 p.m. in the
Council Chamb" of the City of Dubuque
at which time the objectors for tbe pro-
posed improvement may appear and
make objection to the p,oposed plans
and specifications, fo,m of contract and
cost of said improvement. and the City
Clerk be and he is h"eby di"cted to
cause a netice of time and place of such
headng to be published in some newspa~
per published in the City of Dubuque,
Iowa which shall be not tess than four
days nor more than twenty days prior to
tbe day fixed for its eonsidemtion, and
the City Clerk be and he is hereby di,cct-
ed to have published the notice of pen-
dency for said improvement.
Passed, adopted and approved this
19th day of Septemb". 1977.
Emil Stackis
Mayor
Thomas A. Tully k
Richard Wertzberger
James E. Brady
Watte, A. Pregle,
Councilmen
Councilman Pregl". Carried by the fol.
lowing vote:
Yeas~Mayor Stackis, Councilmen B"dy,
Pregler, Tully, Wertzb"g",
Nays-none.
RESOLUTION NO. 390.77
Authorizing the Execution of a Grant
Agreement with the Economic Devel.
opment Administration for Schmitt
Herbal' Municipal Boat Ramp
WHEREAS, pu",uant to the provi-
sions of the Loca] Public Works Capital
Devetopment and Investment Act of
1976 as amended by the Public Works
Employment Act of 1977, the Economic
Deve]opment Administmtion has ap-
p,oved an application filed by the City of
Dubuque to p,ovide financial assistance
for Schmitt Harbor Municipal Boat
Ramp.
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, lOW A:
Section 1. That the Mayo, is he"by
authorized and directed to execute a
Grant Agreement not to exceed $41,155
with the EconomicDevelopmentAdmin-
istration for EDA Project No. 05-51-
26668 Schmitt H"bor Municipal Boat
Ramp.
Passed, adopted and app,oved this
19th day of September, 1977.
Emil Stackis
Mayor
Richard Wertzbe'g"
James E. Brady
Walter A. Pregler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman Pregler moved adoption
of the Resolution. Seeonded by Council-
man Wertzbe'ge,. Carried by the fol-
lowing vote:
Yeas-Mayor Staclds, Councilmen Brady,
Pregler. Wertzb"ger.
Nays~none.
Abstain-Tully.
RESOLUTION NO. 391-77
Resolution Approving Plat of Ramada
Inn Place
WHEREAS there has been filed with
the City Clerk a plat in which
All that p"t of Lot 1 of Lot 2 of
Hawkeye Stock Farm and vacated
Division Street in Sections 27 and
28, Townsbip 89 No,th. Range 2
East of the 5th Principal Meridian,
in the City of Dubuque, Dubuque
County, Iowa. subject to easements
and dedications of record;
is platted as Lots 1 and 2 of Ramada
Inn Place, as shown on the plat attach-
ed hereto; and
WHEREAS, said plat has been exam-
ined by the Planning & Zoning Commis~
AdjournedSpecialSession, September 19,1977
CLASS "B" (HOTEL-MOTEL) RESOLUTION NO. 396-77
BEER AND LIQUOR LICENSE WHEREAS, applications for Beer
Inns of Iowa, Ltd.-Dubuque (Also Sun- Permits were filed by the witbin named
day Sales! 3434 Dodge Street applicants and they bave received the
CLASS "C" (COMMERCIAL) ap~~~~k~¡~~St~:~~~~i::sdto be occu-
. BEER AND LIQUOR LICENSE pied by such applicants we,e inspected
WIlham N. BIlhkas, 926 Mam Street and found to compty with the Ordinan-
WIlham Baum (A]so Suuday Sates! 500 ces of this City and they have filed pro-
Rhomberg Ave. pe' bonds'
Richard M. Richman (Also Sunday NOW THEREFORE BE IT RE-
Sales) 161S Central Avenue. SOLVED by the City Council of the
Passed, adopted and app,oved thIs City of Dubuque, Iowa, that the Mana-
19th day of September, 1977. gel' be autho,ized to cause to be issued
EmIl Stachs to the following named applieants a
Th~~~~' A. Tully Jr. Be" Pe,mit.
Richard Wertzberger
James E. Brady
Walter A. Pregler
Councilmen
500 AdjournedSpecialSession,September19,1977
sion and had its approval endorsed tbe- ATTEST:
reon; and, Leo F. Frommelt
WHEREAS, said plat has been exam- City Clerk
¡ned by the City Council and they find Councilman Pregler moved adoption
the same conforms to the Statutes and of the Resolution. Seconded by Mayor
O,dinances relating thereto; Stackis. Carded by the following vote:
NOW THEREFORE, BE IT RE- Yeas-Mayo, Sbckis, Councilmen B,ady,
SOLVED BY THE CITY COUNCIL OF Pregler, Tully, Wertzberger.
THE CITY OF DUBUQUE, IOWA: Nays-none.
Section 1. That tbe above-desedbed RESOLUTION NO. 393-77
plat be and the same is he"by approv- WHEREAS, applications for Liquor
ed and the Mayor and Clerk be and they Licenses bave been submitted to this
are hereby authorized and directed to Council for approval and the same have
endorse the approval of the City upon been examined;
said plat. NOW THEREFORE, BE IT RE-
Passed, adopted and approved tbis SOLVED by tbe City Council of tho
19th day of Septemb", 1977. City of Dubuque. fowa, that the follow-
Emil Stackis ing applications be app,ovod and licon-
May", ses issued upon the compliance with the
Tbomas A. Tully Jr. provisions of Chapter 131, Acts of tho
Richard W"tzberger First Regu]ar Session, 64th Genera]
James E. Brady Assembly.
Walter A. Pregl" CLASS "B" (HOTEL.MOTEL)
ATTEST: Councilmen BEER AND LIQUOR LICENSE
Leo F. Fromme]t Inns of Iowa, Ltd.-Dubuque (Also Sun-
City Clerk day Sales! 3434 Dodge Street
Councilman P"gl" moved adoption CLASS "C" (COMMERCIAL)
of the Resotution. Seconded by Mayor BEER AND LIQUOR LICENSE
Stackis. Carried by the following vote: William N. Billikas, 926 Main Street
Yeas-Mayo, Sbckis, Councitmen Brady, William Baum (A]so Sunday Sales! 500
Pregler, Tully, Wertzberger. Rhomberg Ave.
Nays-none. Richard M. Richman (Atso Sunday
Communieation of Mayor's Industrial Sales) 1618 Central A venue
Committee submitting a proposal from Passed, adopted and app,oved tbis
Dubuque Electric Motor Service Inc. 19th day of September, 1977.
for the purchase of Lot 4, Block 1 River- Emil Staekis
front Sub. No.5 fo, approx. 1.2 acres, Mayor
presented and "ad. Councilman P"g- Thomas A. Tully Jr.
IeI' moved that the communication be Richard Wertzberger
referred to the City Solicitor for prop" James E. Brady
proceedings. Seco~ded by Council"!an Walter A. P"gler
W"tzb"ger. CarrIed by the followmg , Councilmen
vote: ATTEST:
Yeas-Mayor Slackis, Councilmen Brady, Leo F. F,omme]t
Pregter, Tully, W"tzberger. City Clerk
Nays-none. Councilman Pregt" moved adoption
RESOLUTION NO. 392.77 of the Resolution. Seconded by Mayo,
BE IT RESOLVED by the City Coun- Stackis. Carried by the following vote:
cil of the City of Dubuque, Iowa, that Yeas-Mayor Sbckis, Councilmen Brady,
the following having complied with the Pregler, Tully, Wertzb"g",
provisions of law ,,]ating to the sale of Nays-none.
Cigarettes within the City of Dubuque. RESOLUTION NO. 394.77
Iowa, be granted a permit to sell Ciga- WHEREAS, applications for Liquor
rettes and Cigarette Papers within said Licenses were filed by the within
City, named applicants and they have receiv-
Gene Kopp, 951 Main Street ed the app,oval of this Council; and
Netdia Jane Fitzgibbons, 1700 Centra] WHEREAS, the premises to be occu-
Ave. pied by such applicants were inspected
Passed, adopted and approved this and found to comply with the State Law
19th day of September, 1977. and all City Ordinances relevant tbereto
Emil Stackis and tbey bave filed propel' bonds:
Mayor NOW THEREFORE BE IT RE-
Tbomas A. Tully Jr. SOLVED by tbe City Council of pu-
Richard W"tzberger buque, Iowa, that tbe Manager be au-
James E. Brady thorized to cause to be issued to the fol-
Walter A. Pregler lowing named applicants a Liquor Lic-
Councilmen en,".
ATTEST:
Leo F. F,ommelt
City Clerk
Councilman Pregter moved adoption
of the "solution. Seconded by Mayor
Stackis. Carried by the following vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregl", Tully, Wertzberger.
Nays-none.
RESOLUTION NO. 395.77
WHEREAS, applicatious for Beer
Permits bave been submitted to this
Council for approval and the same bave
been examined;
NOW THEREFORE BE IT RE-
SOLVED by the City Council of tbe
City of Dubuque, Iowa, that the follow-
ing applications be granted and permits
issued upon the compliance witb tbe
t"ms of the O,dinances of the City.
CLASS "B" BEER PERMIT
Holy Trinity Parish (Also Sunday Sales!
1700 Rbomberg Ave.
CLASS "C" BEER PERMIT
Ralph J. Grsbow (Also Sunday Sales)
1050 University Ave.
Passed, adopted and approved this
19th day of September, 1977.
Emil Stackis
Mayo,
Thomas A. Tully k
Richard Wertzberg"
James E. Brady
Walter A. P"gler
Councilmen
ATTEST:
Leo F. Frommelt
City Clerk
Councilman P,egl" moved adoption
of tbe Resotution. Seconded by May",
Stackis. Carried by the following vote:
Yeas.Mayo, Sbckis, Councilmen Brsdy,
Pregler, Tully, W"tzb"g",
Nays-none.
501
CLASS "B" BEER PERMIT
Ho]y Trinity Padsh (Atso Sunday Sales!
1700 Rhomberg
CLASS "C" BEER PERMIT
Ralph J. Grabow (Atso Sunday Sales!
1050 University Ave.
Passed, adopted and app,oved this
19th day of Septemb", 1977.
Emil Stackis
Mayo,
Thomas A. Tully k
Rich"d W"tzberger
James E. Brady
Walt" A. Pregler
Couucilmen
ATTEST:
Leo F. Frommctt
City Cterk
Councilman Pregler moved adoption
of the Resolution. Seconded by Mayor
Stackis. Carried by tbe followiug vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pregler, Tully, W"tzb"ger.
Nays-none.
At 9:53 P.M. Councilmau Tully
moved to go iuto Exeeutive Session to
discuss appointments to various Boa,ds
and Commission. Seconded by Council-
man Wertzbe,ger. Carded by the follow-
ing vote:
Yeas-Mayor Slackis, Councilmen Brsdy,
Pregler, Tully, Wertzbe'g".
Nays-none.
Council Reconvened in Regutar Ses-
sion at 10:23 P.M.
Mayor Stackis announced the follow-
ing appointments: Judith Schmidt to
Advisory Commission; Name of Walter
Graumann be withdrawn and replaced
by Frieda Luther to Civil Service Com-
mission expiring 3-31-82; Dale Ned,,-
hoff to N.E. Mea Crime Commission;
Chas. Ku,t, E]aine Kaufmau, Jos. Back-
es and Bob Sawvel to Housing Rehab.
Commission; and Edna Thompson and
Larry Lenning to Community Develop-
ment Commission. Councilman P"gler
moved rstification of the appointments.
Seconded by Councilman Tully. Carried
by the following vote:
CITY COUNCIL
OFFICIAL
Regular Session, October 3,1977.
Council metat 7:30 P.M.IC.D.T.I
Present-Mayor Stackis, Couucilmeu
Brady, Preg]u, Tully, Wedzberge,.
City Manager Gilbert D. Chavenelle.
Mayor Stackis read the call and stated
tbat s"vice thcmof had been duly made
and tbis Meeting is the REGULAR
MONTHLY MEETING of the City
Council called for the purpose of acting
upon such busiuess as may p,operty
come before the Meeting.
Invocation was given by Father
Geo'ge Kamik, Head of Family Life
Bu,eau of the Mchdiocese and Associ-
ate Pasto, o!Holy G bost Chocch.
Proclamations proclaiming month of
October as "Property Identification
Month": Octobe, 11th & 12th as "Gou,-
met Cooking Days", Octobu 31, 1977 as
"Halloween Trick 0, Treat Night"; and
October 15th as "White Cane Safety
Day" were mad, approved andsigned by
Mayo, Stackis.
Communication of Playground and
Reueation Commission submitting min-
utes of their meeting of Septembu 12,
1977, presented and read. Councilman
Pmg]er moved that the minutes be re-
ceived and filed. Seconded by Council-
man W",tzberger. Ca"ied by tbe fol-
lowing vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pmg]er, Tully, Wertzberge,.
Nays-none.
Communication ofBo"d o!Dock Com-
mission"s submitting minutes of their
meeting of August 17, 1977, presented
and read. Councilman Pmgtu moved
that the minutes be mceived and filed.
Seconded hy Councilman Wertzbugu.
Carried by the following vote:
Yeas-Mayo, Sbckis, Councilmen Bmdy,
Pregler, Tully, Wertzb"ger.
Nays-nooe.
Communication of Dubuque Transit
Board submitting minutes of their meet-
ing of Septemb" 6, 1977, pmsented and
mad. Conncilman Pregler moved that
the minutes be received and filed. Sec-
onded by Councilman We,tzberge,. Car-
ded by the following vote:
Yeas-Mayo, Sbckis, Conncilmen Bmdy,
Preglu, Tully, We,tzberge,.
Nays-none.
Communication of Dnbuque Ai'port
Commission submitting minutes of their
meeting of September 19,1977, present-
ed and ,cad. Councilman p,cg]" moved
that ¡be minutes be mceived and filed.
Seconded by Councilman Wertzberger.
Canied by the following vote:
502
Adjourned Special Session, September 19,1977
Regular Session,October3,1977
503
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberger.
Nays-none,
Communication of Advisory Commis-
sion requesting the Council to consider
forming and supporting a Youth Com-
mission, presented and ,cad. Council-
man Brady moved that the communica-
tion be received and filed. Seconded by
Mayor Stackis. Ca"ied by the following
vote:
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzbe'ger.
Nays.none.
There being no furth" business,
Councilman Tully moved to adjourn.
Seconded by Mayor Stackis. Carried by
the following vote:
Yeas-Mayor Stackis, Couneilmen Brady,
Pregler, Tully, Wertzbuger.
Nays-none.
Leo F. Frommelt
City Clerk
Approved...................... 1978
Adopted....................... 1978
Councilors
ATTEST:
City Clerk
Yeas-Mayor Stackis, Councilmen Brady,
Pregler, Tully, Wertzberg".
Nays-none.
Commission of Housing Commission
submitting minutes of their meeting of
September 20,1977, presented and read.
Councilman Pregler moved that the min-
utes be received and filed. Seconded by
Councilman W"tzberger. Ca"ied by
the following vote:
Yess-Mayor Stackis, Councilmen Bmdy,
Pregler, Tully, Wertzberger.
Nays-none.
Communieation of DMATS submit-
ting minutes of thei, meeting of August
25, 1977, p,esented and ,ead. Council-
man Pmgler moved that the minutes be
mceived and filed. Seconded by Council-
man Wertzbuge,. Can-ied by tbe fo]-
lowing vote:
Yeas-Mayo, Sbckis, Councilmen Brady,
Pmg]e" Tully, Wutzb"ger.
Nays-none.
Councilman Preg]u moved that the
Dock Commission be dimcted to investi-
gate prope,ty fo, th.e p"king of Rob-
ert's Rive, Rides. Seconded by Council-
man Wertzberge,. Canied by the fol-
lowing vote:
Yeas-Mayo, Sbckis, Councilmen Bmdy,
Pregler, We,tzberge,.
Nays-Councilman Tully.
Mayor Stackis moved that the opem-
tion of Sail Boat Inc. be cheeked and re-
ferred to the City Managds office for in-
vestigation and repo,t - Possibly sub-
ject to Sub-Lease. Seconded by Council-
man Pmgler. Ca"ied by the following
vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
P,eg]", Tully, Wertzberger.
Nays-none.
Communication of Zoning Adminis-
tmtor notifying Council of conditional
use pe,mits gmnted by the Zoning
Bo"d of Adjustment for 607 E. 22nd St"
3200 Asbury Rd., 2423 Broadway St. and
86 Hill St., presented and read. Coun-
cilman W"tzbe'g" moved that the
communication be received and filed.
Seconded by Mayor Stackis. Canied by
the following vote:
Yeas-Mayor Sbckis, Councilmen Bmdy,
Pregler, Tully, WutzbergeL
Nays-none.
Communication of Finley Hospita] by
CharlesR. Gilliam expmssingthanksfor
coopemtion received on the Hospita]
Bond Issue and advising of proper con-
tacts to be made to expedite the Park-
way Stmm Sewu p,ob]em, presented
and mad. Councilman W",tzberger
moved that the communication be re-
ceived and filed and mfen-ed to City
Manager. Seconded by Mayor Stackis.
Carded by the following vote: