1994 January Council Proceedings1Regular Session, January 3, 1994
That the Manager be authorized to cause to
be issued the following named applicants a
DUBUQUE
Beer Permit.
CLASS "C" BEER PERMIT
Angel InvestmentCasey's General Store
CITY COUNCIL
2699 Rockdale Rd
Iowa Oil Co.IOCO Speede Shoppe
1481 Dodge
Iowa Oil Co.IOCO Speede Shoppe
OFFICIAL
3200 Central
PROCEEDINGS
Passed, approved and adopted this 3rd day
of January, 1994.
Terrance M. Duggan, Mayor
Attest:
Regular Session, January 3, 1994
7:30 p.m. Public Library AuditoriumMary A. Davis, City Clerk
Present: Mayor Duggan, Council MembersCouncil Member Robbins moved adoption
of the Resolution. Seconded by Council
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Member Nicholson. Carried by the following
Voetberg, City Manager Michael Van
vote: Yeas—Mayor Duggan, Council Members
Milligen, Corporation Counsel Barry A.
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Lindahl.
Voetberg. Nays—None.
Mayor Duggan read the call and stated this
RESOLUTION NO. 2-94
is the Regular Session of the City Council
Whereas, applications for Liquor Licenses
called for the purpose to act upon such
have been submitted to this Council for
business which may properly come before the
Council.approval and the same have been examined
and approved; and
Invocation was given by the Most Rev.Whereas, the premises to be occupied by
such applicants were inspected and found to
Daniel W. Kucera, O.S.B., Archbishop of
comply with the State Law and all City
Dubuque.
Ordinances relevant thereto and they have filed
Out-going Mayor James E. Brady swore inproper bonds.
Terrance M. Duggan as the newly electedNOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
Mayor.
DUBUQUE, IOWA:
That the Manager be authorized to cause to
Proclamation: Commending James E. Brady
be issued the following named applicants
for his outstanding twenty years of service on
the City Council. a Liquor License.
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
Comments were made from Council
WCB HOTELS, Inc.
Member Loras Kluesner praising Mayor Brady
Hoffman House/3100 Club
for his leadership and dedication of the past
3100 Dodge
twenty years on the Council.
CLASS "C" (COMMERCIAL) BEER AND
Mayor Duggan swore in elected CouncilLIQUOR LICENSE
Duane & Judy RothD & J's Grill & Bar
Members Dan Nicholson, At-Large, Kathryn
1097 Jackson
Krieg, 1st Ward and Joseph Robbins, 3rd
Passed, approved and adopted this 3rd
Ward. (Let the record show that each elected
day of January, 1994.
official has been administered their written
oath of office prior to December 31, 1993.)Terrance M. Duggan, Mayor
Mayor Duggan swore in Council MemberAttest:
Mary A. Davis, City Clerk
Robert Nagle as Mayor Pro-Tem.
Council Member Robbins moved adoption
of the Resolution. Seconded by Council
RESOLUTION NO. 1-94
Member Nicholson. Carried by the following
Whereas, applications for Beer Permits
have been submitted and filed to this Councilvote: Yeas—Mayor Duggan, Council Members
for approval and the same have been examinedKluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None. Communication of
and approved; and
City Manager advising of Letter of Support for
Whereas, the premises to be occupied by
HUD "Youth Bill" application to be submitted
such applicants were inspected and found to
by Dubuque Building and Trades Council,
comply with the Ordinances of this City and
have filed proper bonds.presented and read. Council Member
NOW, THEREFORE, BE IT RESOLVEDVoetberg moved that the communication be
received and filed. Seconded by Council
BY THE CITY COUNCIL OF THE CITY OF
Member Robbins. Carried by the following
DUBUQUE, IOWA:
vote: Yeas—Mayor Duggan, Council Members
Regular Session, January 3, 19942
Kluesner, Krieg, Nagle, Nicholson, Robbins,filed by Mr. Boyes, presented and read.
Voetberg. Nays—None.Council Member Voetberg moved that the
communication be received and filed.
MINUTES SUBMITTED -- AirportSeconded by Council Member Robbins.
Commission of 11-16; Electrical Code BoardCarried by the following vote: Yeas—Mayor
of 12-20; Long Range Planning CommissionDuggan, Council Members Kluesner, Krieg,
of 12-8; Park & Recreation Commission of 12-Nagle, Nicholson, Robbins, Voetberg.
8, presented and read. Council MemberNays—None.
Voetberg moved that the minutes be received
and filed. Seconded by Council MemberCommunication of Terry Duggan resigning
Robbins. Carried by the following vote:from Investment Oversight Committee
Yeas—Mayor Duggan, Council Memberseffective January 1, 1994, presented and read.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Council Member Voetberg moved that they
Voetberg. Nays—None.accept the resignation. Seconded by Council
Member Robbins. Carried by the following
NOTICES OF CLAIMS/SUITS -- Robertvote: Yeas—Mayor Duggan, Council Members
W. Rupp/Virgil Wersinger in amount ofKluesner, Krieg, Nagle, Nicholson, Robbins,
$1550.18 for vehicle damages; HomeVoetberg. Nays—None.
Insurance Subrogee of KWWL-TV, in amount
of $1200.65 for vehicle damages; Charles andProofs of Publication, certified to by the
Lora David, vs. City of Dubuque ZoningPublisher, on Notice of Availability of Final
Board of Adjustment submitting "Petition forStatement of CD Objectives; Notice of No
Certiorari" regarding denial of an applicationSignificant Effect on the Environment for
for a Special Exception; CNA on behalf ofCooper Wagon Factory Project; Notice of
their client, Kathryn Mettel, in the amount ofintent to release CD funds for Vessel Systems,
$457.43 for personal injuries, presented andInc. project, presented and read. Council
read. Council Member Voetberg moved thatMember Voetberg moved that the proofs be
the claims and suits be referred to Legal Staffreceived and filed. Seconded by Council
for investigation and report. Seconded byMember Robbins. Carried by the following
Council Member Robbins. Carried by thevote: Yeas—Mayor Duggan, Council Members
following vote: Yeas—Mayor Duggan, CouncilKluesner, Krieg, Nagle, Nicholson, Robbins,
Members Kluesner, Krieg, Nagle, Nicholson,Voetberg. Nays—None.
Robbins, Voetberg. Nays—None.
REFUNDS REQUESTED -- Hartig Drug
Communications of Corporation CounselCompany, total of $225.00, for three
advising following claims have been referred tounexpired Class "C" Beer Licenses for
Crawford & Company, the agent for the Iowalocations at 2255 JFK Road, 157 Locust Street
Communities Assurance Pool: Car damage ofand 2225 Central Ave., presented and read.
Goss Holding Company; Personal injury ofCouncil Member Voetberg moved that the
Thomas C. Shaffer; Personal injury of Shellarefunds be approved and directed Finance
Czipar to Friedman Insurance, the agent forDirector to issue the proper checks.
United States Aviation Underwriters, insurerSeconded by Council Member Robbins.
for the Dubuque Regional Airport, presentedCarried by the following vote: Yeas—Mayor
and read. Council Member Voetberg movedDuggan, Council Members Kluesner, Krieg,
that the communications be received and filed.Nagle, Nicholson, Robbins, Voetberg.
Seconded by Council Member Robbins.Nays—None.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,Communication of Finance Director
Nagle, Nicholson, Robbins, Voetberg.submitting Financial Reports for month of
Nays—None.November, 1993, presented and read. Council
Member Voetberg moved that the
Communication of Corporation Counselcommunication be received and filed.
recommending settlement of property damageSeconded by Council Member Robbins.
claim of Daniel J. Gasell in the amount ofCarried by the following vote: Yeas—Mayor
$475.00 and directing Finance Director toDuggan, Council Members Kluesner, Krieg,
issue proper check, presented and read.Nagle, Nicholson, Robbins, Voetberg.
Council Member Voetberg moved to approveNays—None.
the settlement. Seconded by Council Member
Robbins. Carried by the following vote:There being no further business, Council
Yeas—Mayor Duggan, Council MembersMember Robbins moved to adjourn.
Kluesner, Krieg, Nagle, Nicholson, Robbins,Seconded by Council Member Nicholson.
Voetberg. Nays—None.Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
Communication of Milton Boyes regardingNagle, Nicholson, Robbins, Voetberg.
claim filed regarding negligence act byNays—None. Meeting adjourned at
Interstate Power Company and communication8:15 p.m.
of Corporation Counsel responding to claimMary A. Davis CMC
3Regular Session, January 3, 1994
City ClerkApproved ______________________, 1995.
Adopted _______________________, 1995.
____________________________________
Mayor
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
____________________________________
Council Members
Attest:
____________________________________
City Clerk
Board of Health, January 17, 19944
Approved ______________________, 1995.
CITY OF DUBUQUE
Adopted _______________________, 1995.
BOARD OF HEALTH
____________________________________
QUARTERLY
Chairperson
MEETING
____________________________________
Quarterly Board of Health Meeting, January
17, 1994
____________________________________
Board met at 7:25 p.m. Public Library
Auditorium
____________________________________
Present: Chairperson Duggan, Board
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg.
____________________________________
Chairperson Duggan read the call and
stated this is the Regular Quarterly Session of____________________________________
the Board of Health called for the purpose to
act upon such business which may properly
____________________________________
come before the Board.
Board Members
There being no business to come before the
Attest:
Board at this time, upon motion the Board
adjourned at 7:27 p.m.
Mary A. Davis CMC
____________________________________
City Clerk
Secretary
5Regular Session, January 17, 1994
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
CITY COUNCIL
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
OFFICIAL
Passed, adopted and approved this 17th day
of January, 1994.
PROCEEDINGS
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Regular Session, January 17, 1994
Council Member Nagle moved adoption of
Council Met at 7:30 p.m. Public Library
the Resolution. Seconded by Council Member
Auditorium
Voetberg. Carried by the following vote:
Present: Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council Members
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg, City Manager Michael C. Van
Voetberg. Nays—None.
Milligen, Corporation Counsel Barry A.
Lindahl.
Proof of Publication certified to by the
Publisher on Notice to Bidders of the Receipt
Mayor Duggan read the call and stated this
of Bids for project and communication of City
is the Regular Session of the City Council
Manager recommending to award contract for
called for the purpose to act upon such
project, presented and read. Council Member
business which may properly come before the
Nagle moved that the proof of publication and
Council.
communication be received and filed.
Invocation was given by Father Dwayne
Seconded by Council Member Voetberg.
Thoman, Teacher at Wahlert High School.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,
PROCLAMATION -- Week of January 30
Nagle, Nicholson, Robbins, Voetberg.
to February 5 as "National Catholic Schools
Nays—None.
Week" received by Pat Mullen.
RESOLUTION NO. 4-94
Council Member Nagle moved that the
AWARDING CONTRACT
rules be suspended to allow anyone present to
Whereas, sealed proposals have been
address the Council if they so desire.
submitted by contractors for the Rehabilitation
Seconded by Council Member Voetberg.
of 16th Street Floodwall Pumping Station
Carried by the following vote: Yeas—Mayor
pursuant to Resolution No. 418-93 and notice
Duggan, Council Members Kluesner, Krieg,
to bidders published in a newspaper published
Nagle, Nicholson, Robbins, Voetberg.
in the City of Dubuque, Iowa on the 23rd day
Nays—None.
of December, 1993.
Whereas, said sealed proposals were
Proof of Publication certified to by the
opened and read on the 7th day of January,
Publisher on Notice of Hearing on Plans and
1994 and it has been determined that the bid
Specifications for the Rehabilitation of 16th
of Portzen Construction, Inc. of Dubuque,
Street Pumping Station, presented and read.
Iowa in the amount of $126,755.00 was the
There were no written objections received and
lowest bid for the furnishings of all labor and
no oral objectors present at the time of the
materials and performing the work as provided
Hearing. Council Member Nagle moved that
for in the plans and specifications.
the proof be received and filed. Seconded by
NOW THEREFORE, BE IT RESOLVED
Council Member Voetberg. Carried by the
BY THE CITY COUNCIL OF THE CITY OF
following vote: Yeas—Mayor Duggan, Council
DUBUQUE, IOWA:
Members Kluesner, Krieg, Nagle, Nicholson,
That the contract for the above
Robbins, Voetberg. Nays—None.
improvement be awarded to Portzen
Construction, Inc. and the Manager be and is
RESOLUTION NO. 3-94
hereby directed to execute a contract on behalf
RESOLUTION ADOPTING PLANS AND
of the City of Dubuque for the complete
SPECIFICATIONS
performance of the work.
Whereas, on the 15th day of December,
BE IT FURTHER RESOLVED:
1993, plans, specifications, form of contract
That upon the signing of said contract and
and estimated cost were filed with the City
the approval of the contractor's bond, the City
Clerk of Dubuque, Iowa for the Rehabilitation
Treasurer is authorized and instructed to
of 16th Street Floodwall Pumping Station.
return the bid deposits of the unsuccessful
Whereas, notice of hearing on plans,
bidders.
specifications, form of contract, and estimated
Passed, approved and adopted this 17th day
cost was published as required by law.
of January, 1994.
Regular Session, January 17, 19946
Terrance M. Duggan, MayorCouncil Members Kluesner, Krieg, Nicholson,
Attest:Voetberg. Nays—Council Members Nagle,
Mary A. Davis, City ClerkRobbins.
Council Member Nagle moved adoption of
the Resolution. Seconded by Council MemberRESOLUTION NO. 6-94
Voetberg. Carried by the following vote:AWARDING CONTRACT
Yeas—Mayor Duggan, Council MembersWhereas, sealed proposals have been
Kluesner, Krieg, Nagle, Nicholson, Robbins,submitted by contractors for the City Hall
Voetberg. Nays—None.Annex Remodeling pursuant to Resolution No.
387-93 and notice to bidders published in a
Proof of Publication certified to by thenewspaper published in the City of Dubuque,
Publisher on Notice of Hearing on Plans andIowa on the 9th and 21st day of December,
Specifications for the City Hall Annex1993.
Renovation Project, presented and read. JimWhereas, said sealed proposals were
Flogel of Dubuque Building and Trades spokeopened and read on the 6th day of January,
concerning the project. Council Member1994 and it has been determined that the bid
Voetberg moved that the proof of publicationof Al Droessler & Sons Construction, Inc. of
be received and filed. Seconded by CouncilKieler, Wisconsin in the amount of $181,964
Member Krieg. Carried by the following vote:was the lowest bid for the furnishings of all
Yeas—Mayor Duggan, Council Memberslabor and materials and performing the work
Kluesner, Krieg, Nicholson, Voetberg.as provided for in the plans and specifications.
Nays—Council Members Nagle, Robbins.NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF
RESOLUTION NO. 5-94DUBUQUE, IOWA:
RESOLUTION ADOPTING PLANS ANDThat the contract for the above
SPECIFICATIONSimprovement be awarded to Al Droessler &
Whereas, on the 1st day of December,Sons Construction, Inc. and the Manager be
1993, plans, specifications, form of contractand is hereby directed to execute a contract on
and estimated cost were filed with the Citybehalf of the City of Dubuque for the complete
Clerk of Dubuque, Iowa for the City Hallperformance of the work.
Annex Renovation Project.BE IT FURTHER RESOLVED:
Whereas, notice of hearing on plans,That upon the signing of said contract and
specifications, form of contract, and estimatedthe approval of the contractor's bond, the City
cost was published as required by law.Treasurer is authorized and instructed to
NOW THEREFORE, BE IT RESOLVEDreturn the bid deposits of the unsuccessful
BY THE CITY COUNCIL OF THE CITY OFbidders.
DUBUQUE, IOWA:Passed, approved and adopted this 17th day
That the said plans, specifications, form ofof January, 1994.
contract and estimated cost are herebyTerrance M. Duggan, Mayor
approved as the plans, specifications, form ofAttest:
contract and estimated cost for saidMary A. Davis, City Clerk
improvements for said project.Council Member Voetberg moved adoption
Passed, adopted and approved this 17th dayof the Resolution. Seconded by Council
of January, 1994.Member Krieg. Carried by the following vote:
Terrance M. Duggan, MayorYeas—Mayor Duggan, Council Members
Attest:Kluesner, Krieg, Nicholson, Voetberg.
Mary A. Davis, City ClerkNays—Council Members Nagle, Robbins.
Council Member Voetberg moved adoption
of the Resolution. Seconded by CouncilProof of Publication certified to by the
Member Krieg. Carried by the following vote:Publisher on Notice of Public Hearing to
Yeas—Mayor Duggan, Council Membersconsider vacating and disposing of Lot 1A in
Kluesner, Krieg, Nicholson, Voetberg.Henry A. Robinson Industrial Subdivision and
Nays—Council Members Nagle, Robbins.communication of City Manager recom-
mending to vacate and dispose of said property
Proof of Publication certified to by theto Raymond and Anna Mae Hansen, presented
Publisher on Notice to Bidders of the Receiptand read. Council Member Voetberg moved
of Bids for project; Communication of Citythat the proof and communication be received
Manager recommending to award contract forand filed. Seconded by Council Member
project and communication of DubuqueNagle. Carried by the following vote:
Building & Construction Trades CouncilYeas—Mayor Duggan, Council Members
requesting consideration be given to awardKluesner, Krieg, Nagle, Nicholson, Robbins,
contract to Portzen Construction, Inc.,Voetberg. Nays—None.
presented and read. Council MemberAn Ordinance Vacating a portion of South
Voetberg moved that the proof andLocust Street from Valley Street Extension to
communications be received and filed.Railroad Avenue, said Ordinance having been
Seconded by Council Member Krieg. Carriedpresented and read at the Council Meeting of
by the following vote: Yeas-Mayor Duggan,12-20-93, presented for final action.
7Regular Session, January 17, 1994
(OFFICIAL PUBLICATION)the proposal for the sale of real estate
ORDINANCE NO. 1-94described as:
ORDINANCE VACATING A PORTIONLot 1A in Henry A. Robinson Industrial
OF SOUTH LOCUST STREET FROMSubdivision in the City of Dubuque, Iowa
VALLEY STREET EXTENSION TOto Raymond A. and Anna Mae Hansen; and
RAILROAD AVENUEWhereas, the City Council of the City of
Whereas, Buesing and Associates hasDubuque, Iowa overruled any and all
prepared and submitted to the City Council aobjections, oral or written, to the proposal to
plat showing the vacated portion of Southdispose of interest of the City of Dubuque,
Locust Street and assigned lot numbersIowa, except for easements as noted, in the
thereto, which hereinafter shall be known andhereinabove described real estate to Raymond
described as Lot 1A of Henry A. RobinsonA. and Anna Mae Hansen.
Industrial Subdivision in the City of Dubuque,NOW THEREFORE, BE IT RESOLVED
Dubuque County, Iowa;BY THE CITY COUNCIL OF THE CITY OF
Whereas, the City Council of the City ofDUBUQUE, IOWA:
Dubuque, Iowa has determined that a portionSection 1. That the disposal of the interest
of South Locust Street is no longer required forof the City of Dubuque, Dubuque County,
public use, except for utility easements asIowa in real property described as Lot 1A in
noted, and vacating of said portions of SouthHenry A. Robinson Industrial Subdivision in
Locust Street known as the westerly 20 feet ofthe City of Dubuque, Iowa to Raymond A. and
Lot 1A of Henry A. Robinson IndustrialAnna Mae Hansen be and the same is hereby
Subdivision in the City of Dubuque, Dubuqueapproved for the sum of $12,175.00 plus cost
County, Iowa should be approved.of publication, platting and filing fees;
NOW, THEREFORE, BE IT ORDAINEDconveyance shall be by Warranty Deed.
BY THE CITY COUNCIL OF THE CITY OFSection 2. That the Mayor be authorized
DUBUQUE, IOWA:and directed to execute a Warranty Deed, and
Section 1. That the real estate described asthe City Clerk be and is hereby authorized and
the westerly 20' of Lot 1A of Henry A.directed to deliver said deed of conveyance to
Robinson Industrial Subdivision in the City ofthe above named grantee upon receipt of the
Dubuque, Iowa, be and the same is herebypurchase price in full.
vacated.Section 3. The City of Dubuque reserves
Section 2. The City of Dubuque reservesunto itself a perpetual easement including the
unto itself a perpetual easement including theright of ingress and egress thereto, for the
right of ingress and egress thereto, for thepurpose of erecting, installing, constructing,
purpose of erecting, installing, constructing,reconstructing, repairing, owning, operating,
reconstructing, repairing, owning, operating,and maintaining water, sewer, drainage, gas,
and maintaining water, sewer, drainage, gas,telephone, t.v. cable, and electric lines as may
telephone, t.v. cable, and electric lines as maybe authorized by the City of Dubuque, Iowa,
be authorized by the City of Dubuque, Iowa.as shown on said plat.
Passed, approved and adopted this 17th daySection 4. That the City Clerk be and is
of January, 1994.hereby authorized and directed to record a
Terrance M. Duggan, Mayorcertified copy of this resolution in the office of
Attest:the City Assessor, Dubuque County Recorder,
Mary A. Davis, City Clerkand the Dubuque County Auditor.
Published officially in the TelegraphPassed, approved and adopted this 17th day
Herald newspaper this 21st day of January,of January, 1994.
Terrance M. Duggan, Mayor
1994.
Attest:
1t 1/21Mary A. Davis CMC, City Clerk
Mary A. Davis, City Clerk
Council Member Voetberg moved final
adoption of the Ordinance. Seconded byCouncil Member Voetberg moved adoption
Council Member Nagle. Carried by theof the Resolution. Seconded by Council
following vote: Yeas—Mayor Duggan, CouncilMember Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council Members
Members Kluesner, Krieg, Nagle, Nicholson,
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Robbins, Voetberg. Nays—None.
Voetberg. Nays—None.
RESOLUTION NO. 7-94
Whereas, pursuant to resolution andBOARDS AND COMMISSIONS
published notice of time and place of hearing,HUMAN RIGHTS COMMISSION
Three three-year terms which will expire
published in the Telegraph Herald, a
January 1, 1997 (terms of D. Miller, B. Hager
newspaper of general circulation published in
& one vacant). Applicants: Thomas J.
the City of Dubuque, Iowa on 7th day of
January, 1994, the City Council of the City ofChurchill, Jerome A. Greer; Brenda S. Hager,
Dubuque, Iowa met on the 17th day ofBecky Heimerl, Mary Huff, Mark A.
January, 1994, at 7:30 p.m. in the PublicMcDowell, Richard F. McGrane, Nancy
Miller, O.S.F., Mustafa Ozcan, Allen J.
Library Auditorium, 11th and Locust,
Troupe, Laura E. Woodman.
Dubuque, Dubuque County, Iowa to consider
Regular Session, January 17, 19948
Sister Nancy Miller of 3399 Roosevelt,Thomas G. Swift appointed to three year terms
Jerome Greer of 1029 Dunham Dr., Markon the Housing Code Appeals Board which
McDowell of 1265 Bluff, and Becky Heimerlwill expire 1-11-97.
of 1738 Avalon, Allen J. Troupe of 701 CedarVote on the unexpired term which will
Cross, Brenda Hager of 1464 Central Ave., allexpire 1-11-96. Mayor Duggan voted for
spoke requesting appointment to theHannan. Council Member Kluesner voted for
Commission and Ms. Hager spoke endorsingHannan. Council Member Krieg voted for
Allen Troupe.Hannan. Council Member Nagle voted for
Mayor Duggan voted for Greer, Heimerl,Bird. Council Member Nicholson voted for
Ozcan. Council Member Kluesner voted forBaker. Council Member Robbins voted for
Greer, Miller and Ozcan. Council MemberBird. Council Member Voetberg voted for
Krieg voted for Greer, Miller and Troupe.Hannan. Therefore, Thomas A. Hannan
Council Member Nagle voted for Greer,appointed to the Housing Code Appeals Bd.
Heimerl and McDowell. Council Memberfor a term that will expire 1-11-96.
Nicholson voted for Greer, Hager and Miller.
Council Member Robbins voted for Greer,Communication of Dubuque Racing Assn.
McDowell and Miller. Therefore, Jeromerequesting Council appointments to their
Greer and Nancy Miller, O.S.F. wereBoard, presented and read. Council Member
appointed to the Human Rights CommissionVoetberg moved that the communication be
for three year terms which will expire 1-1-97.received and filed and that Mayor Terry
A second vote was taken for the thirdDuggan be appointed as Council representative
appointment: Mayor Duggan voted forto the Dubuque Racing Assn. Seconded by
Heimerl. Council Member Kluesner voted forCouncil Member Krieg. Carried by the
McDowell. Council Member Krieg voted forfollowing vote: Yeas—Mayor Duggan, Council
Troupe. Council Member Nagle voted forMembers Kluesner, Krieg, Nagle, Nicholson,
McDowell. Council Member Nicholson votedRobbins, Voetberg. Nays—None.
for Hager. Council Member Robbins voted for
McDowell. Council Member Voetberg votedCommunication of David Harris, Housing
for Hager. There not being a majority a thirdServices Manager, requesting City
vote was taken: Mayor Duggan voted forrepresentation on Dubuque Community
McDowell. Council Member Kluesner votedHousing Development Organization, presented
for McDowell. Council Member Krieg votedand read. Council Member Voetberg moved
for McDowell. Council Member Nagle votedthat the communication be received and filed.
for McDowell. Council Member Nicholson Seconded by Council Member Krieg. Carried
voted for Hager. Council Member Robbinsby the following vote: Yeas—Mayor Duggan,
voted for McDowell. Council MemberCouncil Members Kluesner, Krieg, Nagle,
Voetberg voted for Hager. Therefore, Mary A.Nicholson, Robbins, Voetberg. Nays—None.
McDowell was appointed to a three year term
on the Human Rights Commission which willDesignation of Mayor, Council Members
expire 1-1-97.and City Manager to various organizations:
Council Member Voetberg moved that Council
HOUSING CODE APPEALS BOARD:Member Robbins be appointed as their
One unexpired term to expire 1-11-96 (Termrepresentative on the Four Mounds Foundation
of J. Gill); Two three-year terms to expire 1-Board, and that Mayor Duggan be appointed
11-97. Applicants: David Althaus, David J.as their representative to the Dubuque Main
Baker, Dale L. Bird, Charles F. Carr, H. JamesSt. Ltd. Board; that City Manager Michael
(Jim) Gill, Jr., Thomas A. Hannan, Thomas G.Van Milligen be appointed to the Convention
Swift. and Visitors Board and to the Operation: New
Vote for two terms that will expire 1-11-97:View Board with David Harris as designee.
Mayor Duggan voted for Althaus and Swift.Seconded by Council Member Krieg. Carried
Council Member Kluesner voted for Gill andby the following vote: Yeas—Mayor Duggan,
Hannan. Council Member Krieg voted forCouncil Members Kluesner, Krieg, Nagle,
Carr and Gill. Council Member Nagle votedNicholson, Robbins, Voetberg. Nays—None.
for Althaus and Swift. Council Member
Nicholson voted for Althaus and Swift.Communication of Craig T. Case requesting
Council Member Robbins voted for Althausto address the Council regarding the
and Bird. Council Member Voetberg voted forrequirement to be a resident of the City to
Gill and Hannan. Due to lack of majority forserve on the newly established "Environmental
one of the positions, a second vote was takenStewardship Commission", presented and
for a term to expire 1-11-97. Mayor Dugganread. Mr. Case spoke to the communication.
voted for Swift. Council Member KluesnerCouncil Member Krieg moved that the
voted for Gill. Council Member Krieg votedcommunication be received and filed.
for Hannan. Council Member Nagle voted forSeconded by Council Member Voetberg.
Swift. Council Member Nicholson voted forCarried by the following vote: Yeas—Mayor
Swift. Council Member Robbins voted forDuggan, Council Members Kluesner, Krieg,
Swift. Council Member Voetberg voted forNagle, Nicholson, Robbins, Voetberg.
Hannan. Therefore, David Althaus andNays—None.
9Regular Session, January 17, 1994
Communication of City ManagerKluesner, Krieg, Nagle, Nicholson, Robbins,
recommending to place stop signs alongVoetberg. Nays—None.
portions of recently opened U.S. Highway 61
ramp connections, presented and read.An Ordinance Amending Code of
Council Member Kluesner moved that theOrdinances providing for the prohibition of
communication be received and filed.parking on the Elm Street Connector, U.S.
Seconded by Council Member Nagle. Carried61/151 on-ramp connections, and U.S. 61/151
by the following vote: Yeas—Mayor Duggan,Off-ramp connections, presented and read.
Council Members Kluesner, Krieg, Nagle,
Nicholson, Robbins, Voetberg. Nays—None.(OFFICIAL PUBLICATION)
An Ordinance Amending Code ofORDINANCE NO. 3-94
Ordinances by providing for the change ofAN ORDINANCE AMENDING THE
through street designation for Eleventh Street,CODE OF ORDINANCES OF THE CITY
presented and read. OF DUBUQUE, IOWA BY ADDING TO
SUBSECTION (d) OF SECTION 32-262
(OFFICIAL PUBLICATION)THEREOF PROVIDING FOR THE
ORDINANCE NO. 2-94PROHIBITION OF PARKING ON THE
AN ORDINANCE AMENDING THEELM STREET CONNECTOR, U.S. 61/151
CODE OF ORDINANCES OF THE CITYON-RAMP CONNECTIONS, AND U.S.
OF DUBUQUE, IOWA BY REVISING61/151 OFF-RAMP CONNECTIONS
SUBSECTION (b) OF SECTION 32-213NOW, THEREFORE, BE IT ORDAINED
THEREOF PROVIDING FOR THEBY THE CITY COUNCIL OF THE CITY OF
CHANGE OF THROUGH STREETDUBUQUE, IOWA:
DESIGNATION FOR ELEVENTHSection 1. That the Code of Ordinances of
STREETthe City of Dubuque, Iowa be amended by
NOW, THEREFORE, BE IT ORDAINEDadding the Elm Street Connector, U.S. 61/151
BY THE CITY COUNCIL OF THE CITY OFon-ramp connection and U.S. 61/151 off-ramp
DUBUQUE, IOWA:connection to Subsection (d) of Section 32-262
Section 1. That the Code of Ordinances ofthereof as follows:
the City of Dubuque, Iowa be amended by"Sec. 32-262. Prohibited on Designated
deleting Eleventh Street from Subsection (b),Streets or Portions Thereof.
of Section 32-213 thereof as follows:(d) No-parking-at-any-time zones designated
"Sec. 32-213. Entering Through Streets.Elm Street Connector, both sides, from
(b)Eleventh Street, east, from the westEleventh Street to Twelfth Street U.S.
property line of Kerper Boulevard to61/151, southbound on-ramp connection,
the east property line of the U.S. 61both sides, from Eleventh Street to Ninth
on-ramp and from the west propertyStreet
line of the U.S. 61 on-ramp to the eastU.S. 61/151, northbound off-ramp
property line of Central Avenue.connection, both sides, from Ninth Street
Section 2. That the Code of Ordinances ofto Eleventh Street
the City of Dubuque, Iowa be amended byU.S. 61/151, northbound on-ramp
adding Eleventh Street to Subsection (b) ofconnection, both sides, from Ninth Street
Section 32-213 thereof as follows:to Eleventh Street
"Sec. 32-213-. Entering Through Streets.Passed, approved and adopted this 17th day
(b)Eleventh Street, east, from the eastof January, 1994.
property line of Central Avenue to theTerrance M. Duggan, Mayor
west property line of KerperAttest:
Boulevard.Mary A. Davis, City Clerk
Passed, approved and adopted this 17th day
Published officially in the Telegraph
of January, 1994.Herald newspaper this 21st day of January,
Terrance M. Duggan, Mayor1994.
Attest:1t 1/21Mary A. Davis CMC, City Clerk
Mary A. Davis, City Clerk
Council Member Kluesner moved that this
Published officially in the Telegraphbe considered the first reading of the
Herald newspaper this 21st day of January,Ordinance, and that the requirement that a
1994.proposed Ordinance be considered and voted
1t 1/21Mary A. Davis CMC, City Clerkon for passage at two Council meetings prior
Council Member moved that this beto the meeting at which it is to be finally
considered the first reading of the Ordinance,adopted be suspended and further moved final
and that the requirement that a proposedadoption of the Ordinance. Seconded by
Ordinance be considered and voted on forCouncil Member Nagle. Carried by the
passage at two Council meetings prior to thefollowing vote: Yeas—Mayor Duggan, Council
meeting at which it is to be finally adopted beMembers Kluesner, Krieg, Nagle, Nicholson,
suspended and further moved final adoption ofRobbins, Voetberg. Nays—None.
the Ordinance. Seconded by Council Member
Nagle. Carried by the following vote:An Ordinance Amending Code of
Yeas—Mayor Duggan, Council MembersOrdinances by adding U.S. 61/151 on-ramp
Regular Session, January 17, 199410
connections and off-ramp connections toNagle, Nicholson, Robbins, Voetberg.
Section 32-174 thereof providing for theNays—None.
designation of one-way traffic, presented and
read. RESOLUTION NO. 8-94
RESOLUTION APPROVING AND
(OFFICIAL PUBLICATION)AUTHORIZING THE FILING OF A
ORDINANCE NO. 4-94FINAL STATEMENT OF INTENT AND
AN ORDINANCE AMENDING THEPROJECTED USE OF COMMUNITY
CODE OF ORDINANCES OF THEDEVELOPMENT BLOCK GRANT
CITY OF DUBUQUE, IOWA BYDISASTER RELIEF FUNDS.
ADDING U.S. 61/151 ON-RAMPWHEREAS, the City of Dubuque, Iowa, on
CONNECTIONS AND OFF-RAMPDecember 8, 1993, was allocated $188,000 in
CONNECTIONS TO SECTION 32-174Community Development Block Grant
THEREOF PROVIDING FOR THEDisaster Relief Funds; and
DESIGNATION OF ONE-WAYWHEREAS, federal regulations require that
TRAFFICprior to receipt of the above referenced grant
NOW, THEREFORE, BE IT ORDAINEDfunds, the City of Dubuque shall prepare a
BY THE CITY COUNCIL OF THE CITY OFFinal Statement detailing projected use of
DUBUQUE, IOWA:funds; and
Section 1. That the Code of Ordinances ofWHEREAS, a Final Statement has been
the City of Dubuque, Iowa be amended byprepared and was reviewed and approved by
adding U.S. 61/151 on-ramp connections andthe City's Community Development
off-ramp connections to Section 32-174Commission on January 5, 1994; and
thereof as follows:WHEREAS, the City Council finds the
"Sec. 32-174. One-Way Streets.Final Statement, a copy of which is attached
(1) Northerly. Traffic shall movehereto and made a part hereof, is supportive of
northerly only:federal objectives and is responsive to local
On U.S. 61/151 off-ramp connection,needs for relief from damage caused by last
from Ninth Street to Eleventh Street.summer's floods, high winds and other weather
On U.S. 61/151 on-ramp connection,conditions.
from Ninth Street to Eleventh Street.NOW, THEREFORE, BE IT RESOLVED
(2) Southerly. Traffic shall moveBY THE CITY COUNCIL OF THE CITY OF
southerly only:DUBUQUE, IOWA:
On U.S. 61/151 on-ramp connection,Section 1.That the City Council hereby
from Eleventh Street to Ninth Street.adopts the attached Final Statement of
Passed, approved and adopted this 17th dayObjectives and Projected Use of Community
of January, 1994.Development Block Grant Disaster Relief
Terrance M. Duggan, MayorFunds.
Attest:Section 2.That the filing of this Final
Mary A. Davis, City ClerkStatement is hereby approved, and the Mayor
Published officially in the Telegraphof the City of Dubuque is hereby authorized
and directed to execute the necessary
Herald newspaper this 21st day of January,
documentation on behalf of the City of
1994.
1t 1/21Mary A. Davis CMC, City ClerkDubuque.
Council Member Kluesner moved that thisSection 3.That the City Manager is
be considered the first reading of thehereby authorized and directed to submit, in
the required number of copies, said Statement
Ordinance, and that the requirement that the
to the U.S. Department of Housing and Urban
proposed Ordinance be considered and voted
Development and other appropriate agencies,
on for passage at two Council meetings prior
to the meeting at which it is to be finallytogether with such other documents as may be
adopted be suspended and further moved finalrequired.
adoption of the Ordinance. Seconded byPASSED, APPROVED AND ADOPTED
THIS 17th day of January, 1994.
Council Member Nagle. Carried by the
Terrance M. Duggan, Mayor
following vote: Yeas—Mayor Duggan, Council
Attest:
Members Kluesner, Krieg, Nagle, Nicholson,
Robbins, Voetberg. Nays—None.Mary Davis, City Clerk
Council Member Nagle moved adoption of
Communication of City Manager requestingthe Resolution. Seconded by Council Member
Robbins. Carried by the following vote:
submission of a Final Statement for use of
Yeas—Mayor Duggan, Council Members
Community Development Block Grant Flood
Kluesner, Krieg, Nagle, Nicholson, Robbins,
Disaster Relief Funds, presented and read.
Council Member Nagle moved that theVoetberg. Nays—None.
communication be received and filed.
Seconded by Council Member Robbins.RESOLUTION NO. 9-94
RESOLUTION APPROVING A
Carried by the following vote: Yeas—Mayor
CONTRACT FOR SERVICES WITH THE
Duggan, Council Members Kluesner, Krieg,
EAST CENTRAL INTERGOVERN-
11Regular Session, January 17, 1994
MENTAL ASSOCIATION FORDuane and Judy RothD & J's Grill & Bar
ADMINISTRATION OF CDBG SPECIALMy-Cap1097 Jackson
ALLOCATION FOR FLOOD RELIEF. Passed, approved and adopted this 17th day
WHEREAS, The City of Dubuque, Iowaof January, 1994.
(hereinafter referred to as City) is party to theTerrance M. Duggan, Mayor
Agreement creating the East CentralAttest:
Intergovernmental Association (hereinafterMary A. Davis, City Clerk
referred to as ECIA) and is a member in goodCouncil Member Nagle moved adoption of
standing; andthe Resolution. Seconded by Council Member
WHEREAS, City wishes to engage ECIA toRobbins. Carried by the following vote:
provide certain technical and professionalYeas—Mayor Duggan, Council Members
services for grant administration of the 1993Kluesner, Krieg, Nagle, Nicholson, Robbins,
HUD CDBG SPECIAL ALLOCATION FORVoetberg. Nays—None.
FLOOD RELIEF GRANT; and
WHEREAS, Articles II, III (12), and VII (2)RESOLUTION NO. 11-94
and (3) of the Articles of Agreement of theWhereas, applications for Beer Permits
East Central Intergovernmental Associationhave been submitted and filed to this Council
gives ECIA the authority to perform servicesfor approval and the same have been examined
under consideration; andand approved; and
WHEREAS, a Contract for ServicesWhereas, the premises to be occupied by
between ECIA and City has been prepared andsuch applicants were inspected and found to
is attached hereto and made a part hereof.comply with the Ordinances of this City and
NOW, THEREFORE, BE IT RESOLVEDhave filed proper bonds.
BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED
DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF
Section 1.That the City hereby approvesDUBUQUE, IOWA:
the proposed Contract for Services with theThat the Manager be authorized to cause to
East Central Intergovernmental Association.be issued the following named applicants a
Section 2.That the Mayor and CityBeer Permit.
Clerk are hereby authorized and directed toCLASS "C" BEER PERMIT
execute said contract on behalf of the City ofIowa Potatoe & Produce House, Inc.
Dubuque, Iowa. Iowa Potatoe & Produce House
PASSED, APPROVED AND ADOPTED2600 Dodge
THIS 17th day of January, 1994.Passed, approved and adopted this 17th day
Terrance M. Duggan, Mayorof January, 1994.
ATTEST:Terrance M. Duggan, Mayor
Mary Davis, City ClerkAttest:
Council Member Nagle moved adoption ofMary A. Davis CMC, City Clerk
the Resolution. Seconded by Council MemberCouncil Member Nagle moved adoption of
Robbins. Carried by the following vote:the Resolution. Seconded by Council Member
Yeas—Mayor Duggan, Council MembersRobbins. Carried by the following vote:
Kluesner, Krieg, Nagle, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members
Voetberg. Nays—None.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Communication of City Manager
submitting Comprehensive Annual FinancialRESOLUTION NO. 12-94
Report for the City for period ending June 30,Whereas, applications for Liquor Licenses
1993 and Financial Statements for June 30,have been submitted to this Council for
1993 and 1992 for Parking Facilities,approval and the same have been examined
Dubuque Metropolitan Area Solid Wasteand approved; and
Agency and Water Utility, presented and read.Whereas, the premises to be occupied by
Council Member Voetberg moved that thesuch applicants were inspected and found to
communication be received and filed. comply with the State Law and all City
Seconded by Council Member Nagle. CarriedOrdinances relevant thereto and they have filed
by the following vote: Yeas—Mayor Duggan,proper bonds.
Council Members Kluesner, Krieg, Nagle,NOW, THEREFORE, BE IT RESOLVED
Nicholson, Robbins, Voetberg. Nays—None.BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
RESOLUTION NO. 10-94That the Manager be authorized to cause to
NOW, THEREFORE, BE IT RESOLVEDbe issued the following named applicants
BY THE CITY COUNCIL OF THE CITY OF a Liquor License.
DUBUQUE, IOWA:CLASS "C" (COMMERCIAL) BEER AND
That the following having complied withLIQUOR LICENSE
the provisions of law relating to the sale ofChi-Chi's USA, Inc.
Cigarettes within the City of Dubuque, Iowa,Chi Chi's Mexican Restaurant
be granted a permit to sell Cigarettes and800 Wacker Dr.
Cigarette Papers within said City.
Regular Session, January 17, 199412
Passed, approved and adopted this 17th dayNOW, THEREFORE, BE IT RESOLVED
of January, 1994.BY THE CITY COUNCIL OF THE CITY OF
Terrance M. Duggan, MayorDUBUQUE, IOWA:
Attest:Section 1. That the plat dated December
Mary A. Davis CMC, City Clerk21, 1993 prepared by IIW Engineers &
Council Member Nagle moved adoption ofSurveyors, P.C., relative to the real estate
the Resolution. Seconded by Council Memberhereinabove described be and the same is
Robbins. Carried by the following vote:hereby approved, and the Mayor and City
Yeas—Mayor Duggan, Council MembersClerk be and they are hereby authorized and
Kluesner, Krieg, Nagle, Nicholson, Robbins,directed to execute said plat for and on behalf
Voetberg. Nays—None.of the City of Dubuque, Iowa.
Section 2. The City reserves unto itself a
Communication of Zoning Commissionperpetual easement including the right of
advising of their denial to reclassify propertyingress and egress thereto, for the purpose of
located at 2282 University Ave. from C-2 to C-installing, constructing, reconstructing,
3 and petition of Daniel H. Kruse requestingrepairing, owning, operating, and maintaining
Council set the matter for a public hearing,a storm sewer and drainage system as may be
presented and read. Council Memberauthorized by the City of Dubuque, Iowa, as
Voetberg moved that the communication andshown on said plat.
petition be received and filed. Seconded bySection 3. That the City Clerk be and is
Council Member Nagle. Carried by thehereby authorized and directed to file said plat
following vote: Yeas—Mayor Duggan, Counciland certified copy of this resolution in the
Members Kluesner, Krieg, Nagle, Nicholson,office of the Recorder, in and for Dubuque
Robbins, Voetberg. Nays—None.County, Iowa.
An Ordinance Amending Zoning OrdinancePassed, approved and adopted this 17th day
by reclassifying property located at 2282of January, 1994.
University Avenue from C-2 NeighborhoodTerrance M. Duggan, Mayor
Shopping Center District to C-3 GeneralAttest:
Commercial District, presented and read.Mary A. Davis, City Clerk
Council Member Voetberg moved that this beCouncil Member Voetberg moved adoption
considered the first reading only of theof the Resolution. Seconded by Council
Ordinance and that it be set for Public HearingMember Nagle. Carried by the following vote:
on 2-7-94 at 7:30 p.m. in the Public LibraryYeas—Mayor Duggan, Council Members
Auditorium and that the City Clerk publishKluesner, Krieg, Nagle, Nicholson, Robbins,
notice in the manner prescribed by law.Voetberg. Nays—None.
Seconded by Council Member Krieg. Carried
by the following vote: Yeas—Mayor Duggan,An Ordinance Vacating a portion of
Council Members Kluesner, Krieg, Nagle,Saunders Street from Stoltz Street to the
Nicholson, Robbins, Voetberg. Nays—None.northwesterly line of Lot 37 of Fairmount Park
Subdivision, presented and read. Council
Communication of City ManagerMember Voetberg moved that this be
recommending vacating and disposing of Lotconsidered the first reading of the Ordinance,
37 of Fairmount Park Subdivision, presentedand that the requirement that a proposed
and read. Council Member Voetberg movedOrdinance be considered and voted on for
that the communication be received and filed.passage at two Council meetings prior to the
Seconded by Council Member Nagle. Carriedmeeting at which it is to be finally adopted be
by the following vote: Yeas—Mayor Duggan,suspended and further moved that a Public
Council Members Kluesner, Krieg, Nagle,Hearing be held on the Ordinance at the
Nicholson, Robbins, Voetberg. Nays—None.Council Meeting of 2-7-94 at 7:30 p.m. in the
Public Library Auditorium and that the City
RESOLUTION NO. 13-94Clerk publish notice in the manner prescribed
RESOLUTION APPROVING PLAT OFby law. Seconded by Council Member Nagle.
PROPOSED VACATED PORTION OFCarried by the following vote: Yeas—Mayor
SAUNDERS STREET FROM STOLTZDuggan, Council Members Kluesner, Krieg,
STREET TO THE NORTHWESTERLYNagle, Nicholson, Robbins, Voetberg.
LINE OF LOT 37 OF FAIRMOUNTNays—None.
PARK SUBDIVISION
Whereas, there has been presented to theRESOLUTION NO. 14-94
City Council of the City of Dubuque, Iowa, aRESOLUTION DISPOSING OF CITY
plat dated December 21, 1993, prepared byINTEREST IN LOT 37 AND LOT 37A IN
IIW Engineers & Surveyors, P.C. of Dubuque,FAIRMOUNT PARK SUBDIVISION IN
Iowa, describing the proposed vacated portionTHE CITY OF DUBUQUE, IOWA
of Saunders Street from Stoltz Street to theWhereas, Drew and Terra Cook have
northwesterly line of Lot 37 of Fairmount Parkrequested the vacating of a portion of Saunders
Subdivision; andStreet from Stoltz Street to the northwesterly
Whereas, said plat conforms to the lawsline of Lot 37 of Fairmount Park Subdivision;
and statutes pertaining thereto.and
13Regular Session, January 17, 1994
Whereas, IIW Engineers and Surveyors,SPECIFICALLY, LOT EIGHT (8) OF
P.C. of Dubuque, Iowa has prepared andMINERAL LOT 314, IN THE CITY OF
submitted to the City Council a plat showingDUBUQUE, COUNTY OF DUBUQUE,
the vacated portion of Saunders Street andIOWA, ACCORDING TO THE
assigned lot numbers thereto, whichRECORDED PLAT THEREOF.
hereinafter shall be known and described asWhereas, the City of Dubuque has
Lot 37A in Fairmount Park Subdivision in thepurchased certain real property through a
City of Dubuque, Iowa; andforeclosure sale, in protection of a Rental
Whereas, the City Council of the City ofRehabilitation Program mortgage; and
Dubuque, Iowa has determined that thisWhereas, the City has published a listing
portion of Saunders Street and Lot 37 offor sale of this property and received a
Fairmount Park Subdivision are no longerqualifying offer; and
required for public use, and vacating and saleWhereas, by accepting the selected offer the
of said portion of Saunders Street known asCity's objectives of recovery of its investment
Lot 37A in Fairmount Park Subdivision andand continued residence of lower-income
Lot 37 of said subdivision in the City offamilies can be realized;
Dubuque, Dubuque County, Iowa should beNOW, THEREFORE, BE IT RESOLVED
approved.BY THE CITY COUNCIL OF THE CITY OF
NOW, THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA:
BY THE CITY COUNCIL OF THE CITY OFSection 1. That the City of Dubuque, Iowa,
DUBUQUE, IOWA:intends to dispose of its interest in the
Section 1. That the City of Dubuquefollowing legally-described property:
intends to dispose of its interest in Lot 37 andLot Eight (8) of Mineral Lot 314, in the
Lot 37A in Fairmount Park Subdivision.City of Dubuque, County of Dubuque,
Section 2. That the conveyance of Lot 37Iowa, according to the recorded plat
and Lot 37A in Fairmount Park Subdivision inthereof.
the City of Dubuque, Iowa to Drew and TerraSection 2. That the City of Dubuque, Iowa,
Cook be contingent upon the payment ofproposes to dispose of its interest in the above
$4,506.00, plus publication and filing fees.described real estate to Thomas D. Felderman
Section 3. The City reserves unto itself afor the sum of $104,000.00.
perpetual easement including the right ofSection 3. That the City Council meet in the
ingress and egress thereto, for the purpose ofCarnegie Stout Public Library Auditorium,
installing, constructing, reconstructing,11th and Bluff Streets, Dubuque, Iowa, at 7:30
repairing, owning, operating, and maintainingp.m. on the 7th of February 1994, for the
a storm sewer and drainage system as may bepurpose of holding a public hearing and taking
authorized by the City of Dubuque, Iowa, asfinal action on the disposition of the above
shown on said plat.described real estate in the City of Dubuque,
Section 4. That the City Clerk be and isIowa.
hereby authorized and directed to cause aSection 4. That the City Clerk be and she is
notice of intent to dispose of said real estate tohereby authorized and directed to cause a
be published in the manner as prescribed bynotice of such public hearing and the City
law.Council's intent to dispose of such property to
Passed, approved and adopted this 17th daybe published as prescribed under Iowa Code
of January, 1994.Section 364.7.
Terrance M. Duggan, MayorPassed, approved and adopted this 17th day
Attest:of January, 1994.
Mary A. Davis, City ClerkTerrance M. Duggan, Mayor
Council Member Voetberg moved adoptionAttest:
of the Resolution. Seconded by CouncilMary A. Davis, City Clerk
Member Nagle. Carried by the following vote:Council Member Krieg moved adoption of
Yeas—Mayor Duggan, Council Membersthe Resolution and further moved that it be set
Kluesner, Krieg, Nagle, Nicholson, Robbins,for Public Hearing on 2-7-94 at 7:30 p.m. in
Voetberg. Nays—None.the Public Library Auditorium and that the
City Clerk publish notice in the manner
Communication of City Managerprescribed by law. Seconded by Council
recommending to sell real estate at 510-512Member Nagle. Carried by the following vote:
East 22nd Street, presented and read. CouncilYeas—Mayor Duggan, Council Members
Member Krieg moved that the communicationKluesner, Krieg, Nagle, Nicholson, Robbins,
be received and filed. Seconded by CouncilVoetberg. Nays—None.
Member Nagle. Carried by the following vote:
Yeas—Mayor Duggan, Council MembersMINUTES SUBMITTED - Airport
Kluesner, Krieg, Nagle, Nicholson, Robbins,Commission of 12-14; Five Flags Commission
Voetberg. Nays—None.of 12-20; Housing Commission of 12-14;
Library Board of Trustees of 12-16; Zoning
RESOLUTION NO. 15-94Commission of 1-5, presented and read.
RESOLUTION OF INTENTION TOCouncil Member Voetberg moved that the
DISPOSE OF CITY-OWNED PROPERTY,minutes be received and filed. Seconded by
Regular Session, January 17, 199414
Council Member Kluesner. Carried by thereferred to Crawford & Company, the agent
following vote: Yeas—Mayor Duggan, Councilfor the Iowa Communities Assurance Pool:
Members Kluesner, Krieg, Nagle, Nicholson,Personal injury of CNA Insurance; Car
Robbins, Voetberg. Nays—None.damage of Home Insurance Co.; Truck
Convention and Visitors Bureau submittingdamage of Robert Rupp and Virgil Wersinger,
their 2nd quarterly report for Fiscal Year 1994,presented and read. Council Member
presented and read. Council MemberVoetberg moved that the communications be
Voetberg moved that the report be receivedreceived and filed. Seconded by Council
and filed. Seconded by Council MemberMember Kluesner. Carried by the following
Kluesner. Carried by the following vote:vote: Yeas—Mayor Duggan, Council Members
Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins,
Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg. Nays—None.
Voetberg. Nays—None.
Communication of Finance Director, Duane
NOTICES OF CLAIMS/SUITS -- The BikeR. Pitcher submitting financial reports for
Shack in estimated amount of $102.20 formonth of December, 1993, presented and read.
vehicle damages; John A. Brennan in amountCouncil Member Voetberg moved that the
of $336.00 for backup sewer; Terricommunication be received and filed.
Richardson, in amount of $37.10 for vehicleSeconded by Council Member Kluesner.
damages; TFM Co. in estimated amount ofCarried by the following vote: Yeas—Mayor
$273.00 for vehicle damages, presented andDuggan, Council Members Kluesner, Krieg,
read. Council Member Voetberg moved thatNagle, Nicholson, Robbins, Voetberg.
the claims and suits be referred to the LegalNays—None.
Staff for investigation and report. Seconded
by Council Member Kluesner. Carried by the
following vote: Yeas—Mayor Duggan, CouncilREFUNDS REQUESTED -- Richard
Members Kluesner, Krieg, Nagle, Nicholson,Hartig, $75.00 on unexpired Class "B" Beer
Robbins, Voetberg. Nays—None.Permit and Timothy R. Meyer, $211.25 on
unexpired Class "C" Liquor License, presented
Communication of Corporation Counseland read. Council Member Voetberg moved
recommending settlement of Car Damagethat the refunds be approved and directed
claim of Patti Dix in the amount of $329.63,Finance Director to issue the proper checks.
presented and read. Council MemberSeconded by Council Member Kluesner.
Voetberg moved that the communication beCarried by the following vote: Yeas—Mayor
received and filed and approved settlementDuggan, Council Members Kluesner, Krieg,
with Finance Director to issue proper check. Nagle, Nicholson, Robbins, Voetberg.
Seconded by Council Member Kluesner.Nays—None.
Carried by the following vote: Yeas—Mayor
Duggan, Council Members Kluesner, Krieg,Proofs of Publication, certified to by the
Nagle, Nicholson, Robbins, Voetberg.Publisher, on List of Claims paid for month of
Nays—None.November, 1993; Requesting for Release of
funds for Cooper Wagon Factory Project;
Communication of Corporation CounselNotice of filing final plat for 1993 Sidewalk
recommending denial of car door damageRepairs; Notice of filing final plat for Center
claim of Kristine Hammel, presented and read.Grove Sanitary Sewer Extension, presented
Council Member Voetberg moved that theand read. Council Member Voetberg moved
communication be received and filed andthat the proofs be received and filed.
denial approved. Seconded by CouncilSeconded by Council Member Kluesner.
Member Kluesner. Carried by the followingCarried by the following vote: Yeas—Mayor
vote: Yeas—Mayor Duggan, Council MembersDuggan, Council Members Kluesner, Krieg,
Kluesner, Krieg, Nagle, Nicholson, Robbins,Nagle, Nicholson, Robbins, Voetberg.
Voetberg. Nays—None.Nays—None.
Communication of Corporation CounselE. Eugene Perry advising of intent not to
recommending approval of Release with Gieseseek reappointment to Community
Sheet Metal Co., Inc and requesting approvalDevelopment Commission representing Census
for Mayor to execute Release, presented andTract #1, presented and read. Council
read. Council Member Voetberg moved thatMember Voetberg moved that the
the communication be received and filed andcommunication be received and filed and
authorized Mayor to execute. Seconded byaccepted advisement. Seconded by Council
Council Member Kluesner. Carried by theMember Kluesner. Carried by the following
following vote: Yeas—Mayor Duggan, Councilvote: Yeas—Mayor Duggan, Council Members
Members Kluesner, Krieg, Nagle, Nicholson,Kluesner, Krieg, Nagle, Nicholson, Robbins,
Robbins, Voetberg. Nays—None.Voetberg. Nays—None.
Communications of Corporation CounselCommunication of Northwest Ridge
advising the following claims have beenSubdivision owners requesting 150 days
15Regular Session, January 17, 1994
extension to providing necessary security forimprovement plans approved by the City
their final plat, presented and read. CouncilEngineer.
Member Voetberg moved that theb.To install sanitary sewer mains and sewer
communication be received and filed. service laterals into each individual lot,
Seconded by Council Member Kluesner.water mains and water service laterals into
Carried by the following vote: Yeas—Mayoreach individual lot, storm sewers and catch
Duggan, Council Members Kluesner, Krieg,basins, boulevard street lighting and
Nagle, Nicholson, Robbins, Voetberg.erosion control devices all in accordance
Nays—None.with the City of Dubuque standard
specifications and in accordance with
RESOLUTION NO. 16-94construction improvement plans approved
A RESOLUTION RESCINDINGby the City Engineer, and inspected by the
RESOLUTION NO. 262-93 ANDCity Engineer.
REAFFIRMING THE FINAL PLAT OFc.To construct said improvements, except
NORTHWEST RIDGE IN THE CITY OFsidewalks, prior to one year from the date
DUBUQUE, IOWA.of acceptance of this resolution, at the sole
Whereas, there has been filed with the Cityexpense of the subdivider, as owner, or
Clerk a final plat of Northwest Ridge in thefuture owner;
City of Dubuque, Iowa; andd.To maintain the public improvements,
Whereas, upon said final plat appearexcept sidewalks, for a period of two (2)
street(s) to be known as Remsberg Drive,years from the date of the acceptance of
together with certain public utility and sanitarythose improvements by the City of
and storm sewer easements which the OwnersDubuque, Iowa, at the sole expense of the
by said final plat have dedicated to the publicsubdivider, as owner, or future owner;
forever; ande.To construct sidewalks in accordance with
Whereas, said final plat has been examinedthe requirements of Section 42-24(e) of the
by the City Planner and said plat is inCity Code, specifically:
substantial conformance to the preliminarySidewalk installation shall be the
plat for the property, the City of Dubuqueresponsibility of the owner of the property
Code of Ordinance and the Comprehensiveabutting the public right-of-way. The
Plan had its approval endorsed thereon subjectresponsibility shall extend to all successors,
the owner(s) agreeing to the conditions notedheirs and assignees. Sidewalk installation
in Section 3 below; andwill not be required until the development
Whereas, said final plat has been examinedof the lot has been completed, except as
by the City Council and they find that itrequired herein. In sparsely developed
conforms to the statutes and ordinancessubdivisions, sidewalks on developed lots
relating to it, except that no streets or publicwill not be required until 50% of the lots
utilities have yet been constructed or installed;approved by the plat have been developed.
andAll vacant lots shall have sidewalks
Whereas, the City Council concurs in theinstalled upon development of 80% of the
conditions of approval established by thelots approved by the plat.
Zoning Commission.Section 3. That said Michael and Mary
NOW, THEREFORE, BE IT RESOLVEDBeth Remakel and Michael and Sally
BY THE CITY COUNCIL OF THE CITY OFBergmann, as owners of said property, shall
DUBUQUE, IOWA:secure the performance of the foregoing
Section 1. That Resolution No. 262-93 isconditions provided in Section 2 by providing
hereby rescinded.security in such form and with such sureties as
Section 2. That the dedication of Remsbergmay be acceptable to the City Manager of the
Drive, together with the easements for publicCity of Dubuque, Iowa.
utilities, sanitary sewer, storm sewer and waterSection 4. That in the event the owners
mains as they appear upon said final plat, beshall fail to execute the acceptance and furnish
and the same are hereby accepted; andthe security provided in Section 3 hereof
Section 3. That the plat of Northwest Ridgewithin one - hundred and fifty (150) days after
is hereby reaffirmed and the Mayor and Citythe date of the Resolution, the provisions
Clerk are hereby authorized and directed tohereof shall be null and void and the
endorse the approval of the City of Dubuque,acceptance of the dedication and approval the
Iowa, upon said final plat, provided the ownersplat shall not be effective.
of said property herein named, execute theirPassed, approved and adopted this 17th day
written acceptance hereto attached agreeing:of January, 1994.
a.To reduce Remsberg Drive to grade and toTerrance M. Duggan, Mayor
construct concrete curb and gutter and toATTEST:
hard surface with asphaltic concrete, orMary A. Davis, City Clerk
with concrete paving with integral curb, allACCEPTANCE OF RESOLUTION NO. 16-
in accordance with the City of Dubuque94
standard specifications; all in a mannerWe, the undersigned, Michael and Mary
acceptable to the City Engineer and inBeth Remakel and Michael and Sally
conformance with constructionBergmann, having read the terms and
Regular Session, January 17, 199416
conditions of the Resolution No. 16-94 andNOW, THEREFORE, BE IT RESOLVED
being familiar with the conditions thereof,BY THE CITY COUNCIL OF THE CITY OF
hereby accept this same and agree to theDUBUQUE, IOWA:
conditions required therein.Section 1. That the Mayor be authorized
Dated in Dubuque, Iowa this ________ dayand directed to execute the attached Right-of-
of _______________, 1994.way Assurance Statement with the Iowa
THIS RESOLUTION WAS NEVERDepartment of Transportation stipulating that
SIGNED AND THUS NULL AND VOID.the City will comply with the provisions of the
Council Member Voetberg moved adoption1970 Uniform Relocation Assistance and Land
of the Resolution. Seconded by CouncilAcquisition Policy Act and the Uniform
Member Kluesner. Carried by the followingRelocation Assistance Act of 1987.
vote: Yeas—Mayor Duggan, Council MembersSection 2. That the City Clerk be
Kluesner, Krieg, Nagle, Nicholson, Robbins,authorized to file said Right-of-Way Assurance
Voetberg. Nays—None.Statement with the Iowa Department of
Transportation.
Dubuque Racing Association submittingPassed, approved and adopted this 17th day
copies of their 1993 Audit. (Copy of Audit onof January, 1994.
file in City Clerk's Office for public review),Terrance M. Duggan, Mayor
presented and read. Council MemberAttest:
Voetberg moved that the Audit be received andMary A. Davis, City Clerk
filed. Seconded by Council MemberCouncil Member Voetberg moved adoption
Kluesner. Carried by the following vote:of the Resolution. Seconded by Council
Yeas—Mayor Duggan, Council MembersMember Kluesner. Carried by the following
Kluesner, Krieg, Nagle, Nicholson, Robbins,vote: Yeas—Mayor Duggan, Council Members
Voetberg. Nays—None.Kluesner, Krieg, Nagle, Nicholson, Robbins,
Voetberg. Nays—None.
Swiss Valley Farms, Co. submitting their
audit report for fiscal year ending SeptemberCity Manager submitting study from the
30, 1993. (Copy of Audit on file in CityCoalition to Protect Iowa's Constitution on the
Clerk's Office for public review), presentedimpact of a proposed amendment to the Iowa
and read. Council Member Voetberg movedConstitution, presented and read. Council
that the report be received and filed. Member Voetberg moved that the
Seconded by Council Member Kluesner.communication be received and filed.
Carried by the following vote: Yeas—MayorSeconded by Council Member Kluesner.
Duggan, Council Members Kluesner, Krieg,Carried by the following vote: Yeas—Mayor
Nagle, Nicholson, Robbins, Voetberg.Duggan, Council Members Kluesner, Krieg,
Nays—None.Nagle, Nicholson, Robbins, Voetberg.
Nays—None.
Communication of City Manager requesting
Mayor be authorized to execute Right-of-WayThere being no further business, Council
Assurance Statement, presented and read.Member Voetberg moved to adjourn.
Council Member Voetberg moved that theSeconded by Council Member Nagle. Carried
communication be received and filed. by the following vote: Yeas—Mayor Duggan,
Seconded by Council Member Kluesner.Council Members Kluesner, Krieg, Nagle,
Carried by the following vote: Yeas—MayorNicholson, Robbins, Voetberg. Nays—None.
Duggan, Council Members Kluesner, Krieg,Meeting adjourned at 8:55 p.m.
Nagle, Nicholson, Robbins, Voetberg.Mary A. Davis CMC
Nays—None.City Clerk
RESOLUTION NO. 17-94
Approved ______________________, 1995.
RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE A RIGHT-OF-
Adopted _______________________, 1995.
WAY ASSURANCE STATEMENT FOR
FEDERAL AID PROJECTS WITH THE
IOWA DEPARTMENT OF
TRANSPORTATION
____________________________________
Whereas, the 1970 Uniform Relocation
Mayor
Assistance and Land Acquisitions Policy Act
and the Uniform Relocation Assistance Act of
1987 require that a Right-of-Way Assurance____________________________________
Statement for Federal Aid projects be
submitted annually to the Iowa Department of
____________________________________
Transportation; and
Whereas, this statement must be on file
with the Iowa Department of Transportation
____________________________________
by February 18, 1994 for projects involving
Federal aid funds.
17Regular Session, January 17, 1994
____________________________________
____________________________________
____________________________________
Council Members
Attest:
____________________________________
City Clerk