1991 June Council Proceedings219
Regular Session, June 3, 1991
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, June 3, 1991.
Council Met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Kluesuer, Kr[¢g, Voetberg, City
Manager W, Kenneth Gearha~ Corporation
Counsel Bany A. Lindehl. Absent: Council
Members Nicholsou, Pratt.
Mayor Brady mad the call and slated this
is the Regular Monthly Mceilng of the City
Council called for the purpose to act upon
such business which may properly come
before the Council.
Invocation w~s given by Rev. Loren
Hirschy, Pastor of Weal of Life Ministries.
PROCLAMATIONS--June 3rd thru June
9th as "Youth Baseball Week" received by
Rick Baumhover.
Presentation of "Certificates of
App~celatico" to City employees Art Hadley,
Kris Neyen and $olecn Pattersun.
Counc'fl Member Riunsner moved to
suspend the rules to aliow anyone present to
address the Council if they so desies.
Seconded by Council Member Voetherg.
Can/ed by the following vote: Yeas--Mayor
Br~iy, Council Members Dcich, Kluesner,
Krlag, Voetberg. Nays~None. Absent--
Council Members Nicholson, IX/att
Proof of Publication cerfifiad to by the
Publisher on Notice of Hearing on Hans and
Specificailons for the 1991 P.C. Concrete
Paving Project, Proof of Publication certified
to by the Publisher on Notice to propen'y
owners on Resolution of Necessity for
project; Communication of Marvin Weber,
President of Dubuque County Farm B~,
objecting to usscssmant due for pavement on
Asbury Road; Communication of Attorney
Denis Faba', on behalf of his clients, Dennis
and Connie Kitchen, objecting to the
assessmant for improvements to Ashary
Road; Communication of Donald and
Dorothy Kline objecting to assessmunt on
University Avenue, presented and read.
Council Member Kluesnor moved that thc
proofs of publication and communicailons be
received and filed. Seconded by Council
Member Voctberg. Caniad by the following
vote: Yeus--Mayor Brady, Council Members
Ddich, Kluesunr, Ksieg, Voetherg. Nays--
Ncoe. Absent--Council Members Nicholson.
Pratt.
Joyce Oansen, Don Valentis, Cathy Oinse,
Lan'y Haas, Rich Knight, spoke objecting to
the proposed ussessmant projecL Walter Paar
and Jack Crane spoke in favor of the project.
A Rusolution adopting Plans and Specifi-
cailons for project and a Resolution Ordering
Bids for project and directing Cleric to
publish notice, prusanted and read. Council
Member Kluesner moved that the Public
Hearing and public input be closed and defer
to thc Council meeting of June 10, 1991.
Seconded by Council Member Vcetherg.
Cun'iad by the following vote: Yens--Mayor
Brady, Counc'd Members Dcich, Kluesner,
Kficg, Voetberg. Nays--None. Absent--
Council Members Nicholson, Pratt
RESOLUTION NO. 181-91
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE 1991 P.C.
CONCRETE PAVING PROJECT
Whereas, the City Council has proposed
a Resolution of Necessity for the 1991 P.C.
Concrete Paving Project, has given notice of
the public hearing thereon as reqni~ed by
law; and
Whereas, the public hearing has been
held, ell persons offering objections have
been heard and consideration given to all
objections and is pending before this
Counull; and
Whereas, this is the time and place set as
provided for the taking of action on the
proposed Resolution of Necessity.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed Rusolution of Necessity
described above is hereby deferred for later
consideration to a City Council meeting to
be held on the 10th day of June, 1991, next
at 7:30 p.m. in the Public Library Audi-
torinm, with jurisdiction retained for fro'that
consideration and action at the adjcomed
meeting.
Regular Session, June 3, 1991
220
Passed, adopted and approved this 3rd
day of June, 1991.
lam~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluusnor moved adop-
lion of the Resolution. Secoadad by Council
Member Vuntberg. Caniad by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Kluesunr, Kfleg, Voetherg. Nays--
None. Abscnt---Cununil Members Nichoisco,
Prau.
Proof of Publication certified to by the
Publisher on Notice of lieasing on Plans and
Specifications for the Ice Harbor
Development ~ Parkin~ Lot Improvements,
Pha~e 3 - Stage 3, presented and read. There
were no written objections received and no
oral objectoa's present at the time of the
heating, Council Member Vectborg moved
that the proof of publication be received and
filed. Seconded by Council Member
Khiusner. Carded by the following vote:
Yeas--Mayor Brady, Council Members
Dnich, Riuesunr, Faing, Voethe~g. Nays---
None. Absent---Council Members Nichoison,
Pratt.
RESOLUTION NO. 17'*-91
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Wbe~.~s, on the 1st day of May, 1991,
plans, speulfications, form of contract and
estimated cost we~ filed with the City Clerk
of Dubuque, Iowa for the Ice Harbor
Development - Parking Lot Improvement*,
Phase 3 - Stage 3; and
Whereas, notice of hearing on plans,
specifications, form of contract, and
esthnated cost was published as ~qni~d by
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That tho said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form of
comtact and estimated coat for said
improvert~nte for said projecL
Passed, adopted and approved this 3rd
day of June, 1991.
Jun~s E. Brady
Mayor
Attest:
Mm'y A. Davis
City Clerk ~
Councli Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Riunsnor. Carded by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Kluesner, 1C-ieg, Voetherg. Nays---
None. Abscnt--Couunli Membe~ Nicholson,
Pratt
Prcof of Publication cerilfied to by the
Publisher on Notice te Bidders of the
Receipt of Bids for the Constmedon of said
project and communication of City Manager
project, prusentad and read. Council Member
Voetberg moved that the proof of pubilcation
and communication be xeccived and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas--Mayns
Brady, Counc'd Members Dcich, Khiesner.
Kricg, Voetherg. Nays--None. Absent--
Council Members Nichoison, Pratt.
RESOLUTION NO. 173-91
AWARDING CONTRACT
Wberea~, sealed proposals have been
submitted by contractors for the Ice Harbor
Development - Parking Lot Improvements,
Phase 3 - Stage 3 pursuant to Resolution No.
142-91 and notice to bidders published in a
newspaper published in the city of Dubuqec,
lows on the 10th day of May, 1991; and
Wherea~, said sculed proposals were
opened and read on the 23rd day of May,
1991 and it has beun determined that thc bid
of River City Paving of Dubuque, Iowa in
the amount of $70,573.85 was the lowest bid
for the furnishings of all labor and materials
and performing the work as provided for in
the plans and speelflcations,
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That tho contract for the above in~rove-
ment be awarded m River City Paving and
the Manager be and is hereby dlrec~l to
execute a contract on behalf of the City of
Dubuque for the complete perfc~unnce of
the wo~k.
BE IT FURTHER RESOLVED, that upon
the signing of said contract and the approval
of the contractor's beed, thc City Treasurer
221
Regular Session, June 3, 1991
is authorized and inslructed to mmns the bid
deposits of the unsuccessful bidders.
Passed, approved and adopted this 3rd
day of June, 1991.
Attest:
Mary A. Davis
City Clerk
larues E. Brady
Mayor
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Klecsncr. Can'ied by the following
vote: Yens--Mayor Brady, Council Membe~
Deich, Kluesuer, IC, icg, Voetberg. Nays~
None. Absent--Council Members Nicholson,
Pratt.
Proof of Publication certified to by the
Publisher on Notice of Public Hearing to
consider un Ordinance establishing a
conceptaal development plan for the Finley
ID Inedmtionel Districl, presented and re~.
There were no objections received and no
oral objectors present at thc time of the
hearing. Council Member Kinnsncr moved
that the proof of pobilcation be received and
ified. Seconded by Council Member Kfiag.
Can-led by the following vote: Yeas--Mayor
Brady, Council Members Daich, Kluesner,
Krlng, Vcotberg. Nays--None. Absent--
Council Members Nicholson, Pratt.
An Ordinance providing for the
Amendment of Ordinance No. 29-86 which
Ordinunca established a conceptual
development plan for the Finley ID
Institotionnl Disffict, said Ordinance having
been la~scntad and read at the Council
meeting of May 20th, presented for final
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 4S-91
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
FOR THE AMENDMENT OF
ORDINANCE 29-86 WHICH
ORDINANCE ESTABLISHED A
CONCEPTUAL DEVELOPMENT
PLAN FOR THE FINLEY ID
INSTITUTIONAL DIS'I~ICT
Whereas, Finley Hospital, owner and
appilcant, has filed an application for
approval of an amended conceptual
development plan in acc~dance with
provisic~s of the ID Institutional District
regulations as set forth in Section 3-5.2 of
thc Code of Ordinances, Appendix A thereof,
of the City of Dubuque, lows; and
Whereas, the Zoning Commission has
held a public hearing on said applicadon for
un amended concel~Unl development plan
pursuant to required published notice; and
Whereas, the Zoning Commiesion has
approved said amended conceptual develop~
went plan subject to specific conditions and
restrictions having found that said plan
conforms with the review shv~uiards appli-
cable to such plans ns set forth in Section
3-5.2 of the Cede of Ordinances, Appendix
A thereof, of the City of Dubuque, Iowa; and
Whereas, the Zoning Commission recom~
moaded the concurrence of die City Council
and approval of said amended conceptual
development plan; and
Whereas, the City Council has received
thc recommendation of the Zoning
Commission and held its own public hearing
on said amended conceptual development
plan pursuant to rexlnlred published notice;
and
Wbereas, the City Council has approved
said amended concaptunl development plan
subject to the same specific conditions and
restrictions.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section L That Ordinance No. 29-86 be
amended by repealing thc concepmnl
devnlopmcnt plan map which was aU. ached
to and mede a part of the Ordinance and
which identified a 32,400 sq. fi. (336 stall, 3
level) parking ran~ and enacting a new
conceptual development plan map which
identifies a 450 stall, 4 level parking facility.
Se~lon 2. That thc foregoing amendment
has heretofore been reviewed by the Zoning
Commission of the City of Dnlmque, lows.
Section 3. That this Ordinance shail take
effect immediately upon pubilca~on.
Passed, approved and adopted this 3rd
day of June, 1991.
Attest:
Ma~ A. Davis
City Clerk
James E. Brady
Mayor
Published officially in the Telegraph
Herald this day of 22nd day of June, 1991.
Mazy A. Davis
City Clerk It 6/22
Regular Session, June 3, 1991
222
Council Mambo' Kluesuer moved final
adoption of the Ordinsnce. Seconded by
Council Member Kring. Canind by the
following vote: Yeas-Mayor Brady,
Council Membe~ Detch, Kluesuer, Kfiag,
Vootbe~. Nays-~None. Abeont~oncll
Membe~ Nicholson, Pratt.
Proof of Publicallon certified to by the
Publisher on Nollca of Public Hearing to
consider un Ordinance providing for a text
amendment in tho Zoning Ordionncc, also
known ss Appendix A of tho City of
Dubuque Code of Ordinances and communi-
cation of City Manager submitting
amendment to propound Ordinunca as
directed by Council at their meeting of May
20, 1991, presented and read. Council
Member Kfing moved that the proof of
publication and communication be received
and filed. Seconded by Council Member
Vcotbelg. Catrlad by the foilowlng vote:
Yens--Mayor Brady, Council Members
Deich, Klunsner, Krieg, Voetherg.
Nays--None. Abeont---Coanell Members
Nichoison, Pratt.
An Ordinance providing that the Zoning
Ordinance be an~nded by adopting new
requirements in lieu thereof pertaining to
Zoning Commission review of zoning
reclassifications in Section 6-1.4; notification
within 200 feet for zoning realassificatlons in
Section 6-1.5; noilficafion beyond 200 feet
for zoning reclassifications in Section 6-2~1;
and Zoning Commission review for text
amcadreents in Section 6-3.1, said Ordinance
having been presented and read at the
Council n~eting of May 20th, presented for
final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 46-91
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF, ALSO
KNOWN AS THE ZONING ORDI-
NANCE OF THE CITY OF
DUBUQUE, IOWA, BY REPEALING
THE PRESENT REQUIREMENTS
AND ADOPTING NEW REQUIRE-
MENTS IN LIEU THEREOF
PERTAINING TO ZONING COM-
MISSION REVIEW OF ZONING
RECLASSIFICATIONS IN SECTION
6-1.4; NOTIFICATION WITHIN
TWO HUNDRED (200) FEET FOR
ZONING RECLASSIFICATIONS IN
SECTION 6-1.5; NOTIFICATION
BEYOND TWO HUNDRED FEET
FOR ZONING RECLASSIFICA-
TIONS IN SECTION 6-2.1; AND
ZONING COMMISSION REVIEW
FOR TEXT AMENDMENTS 1N
SECTION 6-3.1
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~ion 1. Appendix A of the City of
Dubuque Code of Ordinances is hereby
amended by repealing Section 6-1.4, and
adopting the following new Section 6-1.4:
"6-1.4, Commission action. Following the
public hentring, c~ if no hearing is held, then
at uny ~ following receipt of the reclassi-
fication xcquest, the Conmlssiun may act to
recommend approval or disapproval of the
request. The affirnmtive vote of at least four
(4) Commi~ssion members shall be requi~d
to cunstituto approval of a substap, tinl zoning
reclassification request es defined in Section
6-1.3, and any lesser number of affirmative
votes shall constitute a disapproval of the
request. A failure of the Commission to
consider a zoning reclassification request
within sixty (60) days foilowing the first
Commission meeting at which the requnst is
received, unless the person(s) seeking
re. classification ruqecat(s) an extension of this
sixty (60) day limitation shall constitute
Commission approval thereof. A recom-
'mendation of the Commission shall forthwith
be transmitted to the City Council for its
action."
Section 2. Appendix A of the City of
Dubuque Code of Ordinances is begby
amended by repealing Section 6-1.5, and
adopting the following new Section 6-1.5:
"6-1.5 Council action. Following receipt
of uny recommendation of the Commission,
or on finding that the Commission has not
considered the request within the sixty (60)
day ilmitation, thc City Council shall initiate
final action on the request. A Commission
recommendation for denial of a request irmy
be approved by the Council without pubilc
hearing. If the Commission recommends
approval of a request, the City Council shall
act to hold its own public hearing on tho
requested reclassification, at which tlm~ all
interested parties shall have an opportunity to
be heard. At least seven (7) days and not
mom than twenty (20) days notice of the
time and place of such hearing shall be
published in a newspaper of general circu-
lation in the city.
Following the puhiic hearing, the Council
shall act to adopt or reject the reclassification
223
Regular Session, June 3, 1991
requnst. In cases where the com~ssion has
rccommendad disapproval of the rechisalfi-
cation thc vote of at least three-fourths (3/4)
of thc Council shall be required to Chant the
reclessliicafion,
FURTHERMORB, in case of a written
protest against thc reclessificatton request
which is filed with the City Clerk and signed
by the owners of twunty (20) percent or
mo~ of the ~un of the lots included in the
request, or by thc owners of ~wenty (20)
percent or more of the propany which is
located within two hundred (200) feet of the
exmior boundaries of thc property being
coesidered for reclassification, such request
shall not be enacted except by thc favorable
vote of at least thrce-£oerths (3/4) of the
Council. Property owned by thc City of
Dubuque or located in tim public right-of-
way shall not be considared in thc above
calculation(s) of twenty (20) percent area or
property ownership.'*
Section 3. Appendix A of the City of
Dubuque Code of Ordinances is hereby
amended by repealing Section 6.2,1, and
adopting the following new Section 6-2,1:
"6-2,1. Notice of Commission hearings.
Notice of thc time and place of all public
heatings to be held by thc Zoning Conuuis-
sion shall be published in a newspaper of
general circulation in thc city at least seven
(?) days and not m~e than twenty (20) days
pries to the date of the hearing.
A reasonable effort shall be made to
notify by mall those property owners whose
property is being considered for
reciaesification and those adjacent owners of
property within two hundred (200) fc~t
thercfrom, prior to the first public hearing in
which the reclassification r~lunst will be
considered. Where the Commission bus a
public heating on a reclassification request,
the Commission shall direct and require
verification that the applicant or their agent
has taken responsible steps to give notice of
the time, place, and subject of the hcmiag by
first class mail to all property owners within
two hundred (200) feet of the property for
which reclassification is requested, and to the
owner(s) of the property included in such
request, The Commission may ~cqalre, at its
disc~fion and at the applicant's expense,
notification of owners of property located
mom than two hundred (200) feet from the
subject property and of other parties with a
direct interest in the reclassification
requested. Where no Commission heating is
held, Council shall direct and require
verification that thc applicant or their agent
has taken responsible stops for mailing such
notice.
Only one (1) mailing shall be ~quilr. d in
any event, and mall notice by the Council
shall not be required where the Commission
has s~t its own public hca~ag on the requcsL
In all cases, however, the notice shall be
mailed not less than seven (7) days and not
mom than twenty (20) days prior to the
public heating announced therein.*'
Section 4. Appendix A o£ thc City of
Dubuque Code of Ordinances is hereby
amended by repeuiing Section 6-3.1, and
adopting the following new Section 6-3,1:
"6-3.L Commirsion action. Any person
may propoce amendments to the provisions
of this Ordinance by dalivuring a copy of the
proposed amendment to the Plunning
Services Division. Such proposals shall be
considc~d in rcgciar session by the Zoning
Commission, at a public hearing. Notice o£
thc time and phice of all public heariags
shall be published in a newspaper of general
circulation in thc city at lenst s~ven (7) days
and not more than twenty (20) days prior to
the date of thc heating, Fuiinwing the public
hearing, the Commission shall act to approve
or disapprove the proposed amendment.
The affimsstivc vote of at least four (4)
Commission members shall be ruqui~ed to
constitute approval o£ the proposal, and any
lesser number o£ affirmetive votes shall be
considered disapproval of thc amondmcnt.
The Commission's recommendations shall be
forthwith transmitted to the Council for their
action. A failure by th~ Commission to act
within sixty (ti0) days fciinwing the first
Commission m~etlng, at which the request is
recuived, unless thc person(s) seeking the
amendment ruquest(s) an extension of this
sixty (60) day limitation of the proposed
amendment, shall constitute Commission
approval thereof.
Section $. This Ordinance has heretofore
been reviewed by the Zoning Conunission of
thc City o£ Dubuque, Iowa.
Section 6. This Ordinuncc shall take
effect immedlately upon pobfication.
Passed, approved and adopted this 3rd
day of June, 1991.
Jamce E. Brady
Mayor
Attest:
Mmy A. Davis
City Clerk
Regular Session, June 3, 1991
224
Published officially in the Telegraph
Herald this 22ad day of luno, 1991.
Mat/A. Davis
City Clerk It 6/22
Council Member Kricg moved final adop-
tion of the Ordinunue. Seconded by Council
Member Voetberg. Canled by tho fullowing
vote: ycas--M~yor Bredy, Council Members
Dalch, Klnouner, Kriag, Voetherg. Nays---
None. Absent--Council Mumb~s Nicbol~un,
Pra~
Proof of Publication certified to by the
Publisher on Notice of Public Heating on
amundment to Zoning Ordinance providing
for an OC Office Commercial DisUiut,
presented and mad, There were no written
objections received and no oral objectors
present at the time of the hearing. Council
Member Kriag moved that the proof of
publication be re, ceived and filed. S~conded
by Council Member Kinesnes. Car~ed by the
following vote: Yeas--/vinyor Brady,
Council Members Dciuh, Klueuner, ICvieg,
Vuetbe~g. Nays--None. Absent--Council
Members Ninholson, Pratt.
An Ordinunce providing that the Code of
Ordinances, City of Dubuque, Iowa, be
amended by revising Appondix A thereof,
also known es thc Zoning Ordinunce, by
adding u new Se. orion 3-2.3 providing for un
OC Office Cooun~cicl District, said
Ordinance having been presented and read at
thc Council me~ting of May 20, 1991,
presented for final action.
(OffICIAL PUBLICATION)
ORDINANCE NO. 47.91
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES. CITY OF DUBUQUE,
1OWA, BE AMENDED BY
REVISING APPENDIX A THEREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, BY ADDING A
NEW SECTION 3-2.3 PROVIDING
FOR AN OC OFFICE
COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appeadix A of the Code of
Ordinances of tho City of Dubuque, lowe, is
bereby amended by adding a new Section
3-2.30C Office Commercial District es
provided in the attached Exhibit A.
Section 2. That the foregoing amendment
ins heremfo~ be~n reviewed by thc Zoning
Commission of thc City of Dubuque, Iowa.
Section 3. That this Ordinance shall take
cff~t immediately upon publication.
Passed, approved and adopted this 3rd
day of June, 1991.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
APPENDIX A - ZONING
3-2,3. OC Office Conm~erclul Dis~ct,
(A) ~c and deserlp~on. Thu
Office Commercial District is intended to
encouragu and penuit the establishment of
commercial business uses in rrdxed use
specialty a~es. This distrlct is intended to be
located in areas which have developed, or
are appropriate to develop, ns finlted retail
districts. This district is also intended to be
located in areas adjacent to established
commercial distrlcts, in histoilc and/or
architecturally significant aruns wham tho
adaptive reuse of cxisilag buildings is
encouraged, in areas of particular tourist
interest and along arterial and/ia' collector
sheets which are suitable for more intensive
comme~ial development.
(B) Princi al rmitted, uses. The
following ns~s shall be permitted in the
District:
(l) One and two-family dwciliag
units within existing structures
only [9]
(2) Multi-family dwelling units
within existing slmctm'es only
[91
(3) General offices [14]
(4) Churches, convents and
monasteries[?]
(5) Schools of private instruction
[4]
(6) Noncommercial art galleries,
museums and libraries
(?) Barber/oeanty shops [16]
(8) A~ist studio [5]
(9) Photographic studios [23]
(10) Bakeries (re~il only) [19]
(ll) Confectioneries [19]
(12) Commercial an galleries [171
225
Regular Session, June 3, 1991
(13) Clothing/eccesscey stores [17]
(14) Shco stores [17]
(15) Jewelry st~es [17]
(16) .%wlng/fnbfie stores [17]
(17) Bock/stationary sto~s [17]
(18) Oi~anuvenlr shops [17]
(19) Toy/hobby shops [17]
(20) Spc~dn8 goods (salushun~)
[17]
(21) Bicycle shops (salus/rental) [ 17)
(22) Can'~m/phetosup1~.ystores[17]
(~3) Flower shops [17]
(24) Antique shops [27]
(25) Fumttom/home furnishing s [27]
(26) Any other specialty retail use
of · simiinr nature and
intensity, us deternticed by thc
City Planner.
(C) ~. The following uses
shall be pemnttod as accessory usus as
provided in Section 4 of this Ordinance:
(1) Attached garages
(2) Detached garages
(3) Ncocozemereial greenhouses
(4) Solar coliectors
(5) Wind generators
(6) Sateliito receiving dishes
(7) Storage buildings
(8) Readily moveable sports
rec~'nation or outdoor cookln8
equipment
(9) Tennis courts, swinm~ng peels
and similar permanent facilities
(10) Home cccopaticos
(11) Noncommercial gardens and
nu_r~eries
(12) Off-stscet parking of vehicles
(13) Fences
(14) Garage sales or rummage sales
provided that not more than
three (3) such sales shali be
nllowed ~ premises p~r
cnlcodar year and not mom
than three (3) consecutive days
per sale.
(D) Conditional uses. The following
conditional uses shall be permitted in the CC
District subject to the provisions of Section
$ of this Ordinance:
(1) Bed and Ineakfust inn, provided
thn*'
(a) The structure is either
regnlated by the Historic
Preservation Ordinance or
is Usted on tho National
Re~iste~ of Histmic Places;
(b) Thc proper~y has a fall
time resident owner or
resident manage,
(c) Thc structure has a mini-
mum total fleer arco of
4,500 square feet, with net
more than coo (1) sleeping
rein for each 750 square
feet of floor a~a to a
maximum of nine (9)
sleeping
(d) Signage shall be limited to
one (1) sign per sUcet
frontage, either wall-
mounted or free-standing,
not to exceed eight (8)
square feet area, not
internally illuminated, and
with direct lighting only
with sharp cut-off
luminaries;
(e) The permit shall not license
the property for rental us a
private club, museum, or
tour homo unless approved
by the Beard; and
Parking shall be provided
at a rate of one (1) space
~ guest room. Tho pm'k-
ing shall be provided co-
site or co a street frontage
of the property, and should
not intensify parking im~b-
lem. s in the neighborhood.
(2) Restaurant, provided that:
(a) Thc pa~king group re~lUire-
ments can be met [20];
(b) Can'y-out items shali not
be dispensed tire,ugh any
drive-through or walk-op
window;,
(c) Any outdoor seating shall
be accessory to thc indoor
operatico;
(ti) Opaque scrusuing shall be
provided for adjacent fi~st
O)
Regular Session, June 3, 1991
226
floor ~side~tinl uses in
conformance with the ~ito
plan review provisicos of
Section 4-4 and 4-5 of this
Bar/~avem, provided that:
(a) 'Die parhing group reqnlre-
merits can bo met [20];
(b) A n~s. ximum m'ea of two
thousand two hanch~l
(2,200) square feet in gross
fioor area shall not be
exceeded;
(c) Any outdoor seating shall
be accessory to the indoor
operatico;
(d) Opsqu¢ screening shall be
provided for adjacent first
floor residential uses in
conformance with the site
plan review provisions of
Section 4-4 and 4-5 of this
Ox~nance.
(4) Group day care center, pro-
vided that:
(a) Fogy (40) sqtmre fe~t of
indoor floor area (exclud-
ing halls and betlwooms) is
provided p~r child in areas
oc~opied by cribs, thirty-
five (35) square feet of
indoor area (excluding halls
and bathrooms) is provided
per child in me~s not
occupied by cribs times thc
licensed capacity and
seventy-five (75) square
feet of fenced ouuioor
reca~ation space is provided
per child using the space at
a given tin~;
(b) The parking group rsquire-
merits can be met [8];
(c) Such facility shall supply
loading and unloading of
o'cato traffic or safety
(d) All licenses have been
issued or have been appfied
for awaiting thc outcome of
the Board's decision.
(5) Private dubs, lYmvided that.
(a) The parking group re, quire.
ments can be mat [20].
(6) Off-sUcet psxking of operable
automobilus to serve a per-
mitsed us conditional use in this
district, provided that:
(n) No structure other than a
screening or security fence
or wall shall be erected on
the premises;
(b) Signagc shall be limited to
one (1) fme-stamiln8 sign
of no mo~ than eight (8)
square feet in size per drive
opening, identifying tho
parking use, providing
directions or marking
entrances and exits thereto;
and
(c) A site plan shall be sub-
mitred and approved as
provided in Section 4-4 of
this Ordinance.
(7) Parking strectums,
(E) Temporary uses. The following uses
shall be permitted us temporary uses in thc
CC District.
(1) Building or trailer for storage
of mate~als and/or equipment
necessary for consUoctico
authorized by a valid building
permit, provided the location of
the building or tsaller has been
approved by the building
official,
(F) Bulk mgnlaticos.
(G) Parking requirements. See Section
4-2 of this Ordirmncc; except that a twenty-
five (~S) percent reduction shall be allowed
in the OC District for both permitted and
conditional uses.
(H) Signs. Signs shall meet the
requirements of the OR Office Residential
District as provided in Sectico 4-3 of tiffs
Ordinance.
Published officinlly in the Telegraph
Herald this 22nd day of November, 1991.
Mary A. Davis
City Clerk It 6/22
227
Regular Session, June 3, 1991
Council Member Faing moved fired Mop-
tion of the Grdia~ca, as ~nended. Seconded
by Council Member Kluesner, C~rlud by the
following vote: Yens~Mayor Brady,
Council Members Deich, Kluesner, Kflng,
Vuntborg. Nays---None. Absent---Coune'fl
Members Niehelsun, Pratt.
Communication of City Manager advising
of the intent to l~usant recycling bins to the
Council Members participating in the Pilot
Recycling Project, presentnd and read,
Council Member Klunsne~ moved that the
communication be rceeived and filed.
Seconded by Council Member Kring. Canied
by the following vote: Yeas--Mayor Brady,
Council Members Dalch, Kluesner, Kring,
Voetbe~g. Nays--None. Absent---Counc'ti
Membere Nich~dson, Pratt.
Petition of Jalic Hcckmann submitting
additional informatiun regarding the
installation of sidewalks on Reckdale Road
and further requesting that the caat side of
Rockdale Road be added to tho direction of
the Enginecting Department's study for a
sidewalk on the west side of Rockdale Road,
presented and
Julie Heckmann and Jim Heckmann, 1140
Rnekdale Road requested adding east side of
Rockdale to sidewalk project.
Helen and Bob Mole, 1170 Rnekdale, Dr,
Donovan Ward, ll60 Rockdale Road, James
Waller spoke in opposition to sidewalks
installation.
Council Member Kdeg moved that the
petition be received and filed and include the
east side in the design of sidewalk on
Rockdale Road and figure assessments
accordingly for one side and both sides.
Seconded by Council Member Dcich.
Carried by the following vote: Yeaa--Mayor
Brady, Council Members Deich, Klnesner,
Kfing, Voctberg. Nays--None. Absent--
Council Members Nicbolson, Pmtc
Council recessed at 9:38 p.m.
Council reconvenod at 9:50 p.m.
Petition of Attorney Gary Nesby ~uqu~t-
ing Council to reconsider and modify prior
action taken with regard to approval of the
final plat for Woodland Heights approved at
thc meeting of May 20, 1991, presented and
read. Mr. Norby spoke stating representation
of Richard Claussen & Jim Straka, and
requested re. conaideredon. Council Member
Kluesner moved that they reconsider the
action taken at the Council meeting of May
20, 1991. Secunded by Council Member
Krieg. Ca'aied by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Klnesner, Kring, Voetberg. Nays--
None. Absent--Council Members Nicbolsun,
Pratt. Council Member Kluesnes moved that
the petition be received and filed. Seconded
by Coune'ti Member Krlng. Canled by the
following vote: Yeas--Mayor Brady,
Council Membe~ Deich, Kluesner, Kfing,
Vuntberg. Nays--Nune. Absent--Couneil
Members Nicholson, Pratt. Counc'ti Member
Klnesner moved that they refer this maitor to
thc Zoning Commission and staff for re-
reviewing, based on comments and bring
hack for approval. Seconded by Council
Member Kfing. Carried by the following
vote: Yeas --Mayor Brady, Council Members
Dalch, Klnesner, Kring, Vcotberg. Nayn--
None. Absent--Council Members Nicbolson,
Pratt.
Petition of John Kiviahan, owner of
property at 12764 John F. Kennedy Road
requesting extension of water se~vica line to
this propesty due to an emergency, and
further advising of intent to vohmtmtly
annex within 30 days if request is ~unted,
p~sented and read. John Kivlahan, 3134
Hfilerest, Apt. 1, spoke to petition requesting
help now ns there is no water at the
property. Council Member Klucsnor moved
that the petition ha w. cdived and filed and
emergency request granted, subject to
voluntary annexation. Seconded by Council
Member Vcetberg. Canied by the following
vote: Ycas--Mayor Bredy, Council Members
Deich, Rinesner, Kring, Voatberg. Nays-~
None. Absent--Council Members Niebolsun,
Pratt.
Communication of City Manager request-
lng ECIA Business Growth, Inc.., ha autho-
sized to loan $55,000 from the City's poriion
of the EDA Revolving Loan Feed to Larry
Weitz Sign Systems, Inc., presented and
wad. Council Member Vcotberg moved that
the communication be received and filed.
Seconded by Council Member Klnesner.
Carried by the following vo~: Yeas---Mayor
Brady, Council Members Deich, Kluesner,
Kring, Voetberg. Nays--None. Absent--
Council Members Nicholson, Pratt-
RESOLUTION NO. 174-91
RESOLUTION AUTHORIZING ECIA
BUSINESS GROWTH, INC., TO
LOAN $55,000 FROM THE CITY OF
DUBUQUE'S PORTION OF THE
EDA REVOLVING LOAN POND TO
LARRY WEITZ SIGN SYSTEMS,
INC.
Regular Session, June 3, 1991
228
Whereas, the City of Dubuque has funded
a pan of the local match of an EDA
Revolving Loan Fund (RLF) which is
administered by ECIA Business Growth,
Inc.; and
Whereas, ECIA Business Growth, Inc. has
requested that the City of Dubuque anthoriz~
it to l~an Lmy Waltz Sign Syatem~, Inc.
funds from thc City of Dubuque's po~ion of
Whereas, the City Manager and staff have
reviewed the Larry Weitz Sign Systems, Inc.
project and have reconm~nded that the City
support said project.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~lon L That ECIA Business Growth,
Inc., is hereby authorized to loan to Lany
Waltz Sign Systems, Inc., $55,000 from the
City of Dubuqun°s portion of tho EDA
Revolving Loan Fund.
Section 2. That the City Clerk is hereby
directed to notify ECIA Business Growth,
Inc., of said authotizatlun by ~runsmltting a
cerdlled copy of this Resolution.
Passed, approved and adopted this 3rd
day of June, 1991.
James E. Brady
Mayor
Attest:
Ma~ A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Klnesner. Cnn/ud by the following
vote: Ycas--Mayor Brady, Council Members
Delch, ]Oucsner, Kfieg, Vcotberg. Nays---
None. Absent---Council Members Nicholson,
PratL
Communication of City Manager submit-
ting Ordinance prohibiting the use of
negative option marketing in the City of
Dubuque by TCI Cobievision and recom-
mending support of Ordinance as proposed
by Cabie TV Regulatory Comt~ssion,
presented and wad. Council Member
Voatberg moved that the communication be
received and filed. Seconded by Coune'ti
Member Khesner. Can'iud by the following
vote: Yeas--Mayor Brady, Council Members
Deieh, Klnesner, Kting, Voetborg. Nays--
None, Absent---Cotmcil Members Nieholson,
Pratt.
An Ordinance amending the City of
Duhaqne Code of Ordinances by adding a
new Article IX to Chapter 31, probibifing
Nngativc Ol~ion Plans in the City of
Dubuque, Iowa, presented and wad, Council
Member Vcatharg moved that this be cun-
aidered the first reading only and place it on
the Agenda for June 10, 1991. Seconded by
Council Member Klnesner, Canied by the
following vote: Yeas~Meyor Brady,
Council Members Dcich, Riuesner, Krlng,
Voetborg. Nays--None. Absent= Council
Members Nichdsun, Pratt.
Communication of City Manager esport-
lng un a tentative agreement with TCI
Cabieeialon on the expenditure of $800,000
of updating funds required by the Cable
Franchise Ordinance No, 42-81 and recom-
mending Council approval of the ng~e,~mcnt,
preaunted ned read. Council Member
Voetberg moved that the communication ha
received and filed and approved agreement.
Seconded by Council Member Dalch.
Ca~ind by the following vote: Yeas--Mayor
Brady, Council Members Deich, Khusner,
Kring, Vcotberg. Nays~Nune. Abrent---
Council Members Nicholson, Pratt.
Commmdcation from City Manager re-
questing that thc Mayor be authorized and
directed to sign a letter to the State Racing
and Gaming Commission requesting that the
additional racing dates and June 1 through
September 2, 1991 simulcasfing dates
requested by Waterloo Greyhound Park NOT
be approved, in~sented and read. Council
Member Voetberg moved that the communi-
cation be received and filed and request
approved. Seconded by Council Member
Kfing. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kinesner, Kfing, Veetborg. Nays-~
None. Absent~ouncil Mcmbea s Nicholson,
Pratt.
Communication of City Manager re. quest-
ing Mayor be authorized and dh~cted to sign
a letter to the DMATS Policy Committee
asking approval of draft DMATS TIP which
reflects Council approved CIP, presented and
read. Coundl Member Vo~tberg moved that
the communication be received and filed and
directed that letter be signed by the majority
of the Council. Seconded by Council
Member Klnesner. Carried by the following
vote: Yeas--Council Members Kloesner,
Kfing, Voatberg. Nays--Mayor Brady,
Council Member Deich. Absent--Coune'ti
Members Nicholson, Pratt.
Communication of Corporation Counsel
submitting an Ordinance dealing with the
problem by prohibiting elimination touma-
229
Regular Session, June 3, 1991
mcnts, presented and read. Council M. cml)er
l~ing moved that thc communication be
v'.,ueived and filed. Secunded by Council
Member Riuesuer. Canted by the following
vote: Yeas~Mayor Brady. Council Membeas
D~ich, Klansner, Faieg, Vcotbor~. Nays--
None. Absent--Council Membe~ Nichoison,
Platt.
An Ordinance amending the City of
Dubuque Code of Ordinances by adding to
Chapter 33 a new Section 33-14 prohibiting
Professional Boxing Elimination Toums-
moats widfin the City of Dubuque, presented
and read. Council Member Kfieg moved that
this be considered the first reading of tho
Ordinance. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas---Mayor Brady, Council Members
Deich, Kluesuer, Kfing, Vco0serg. Nays,--
None. Absent---Council Members Nicholson,
Pratt.
Communication of City Manager recom-
mending approval of ngnmn-~nt with
Dubuque h-Fatoro for grading of Dubuque
Coqx)rate Center, presented and read,
Council Member Voetberg moved that the
communication'be received and filed.
Seconded by Council Member Kaieg. Canied
by the following vote: Yeas--Mayor Brady,
Council Members Dutch, Klueseer, Kfieg,
Voetherg. Nays-~None. Absent--Council
Members Nichoison, Pratt.
RESOLUTION NO. 175-91
RESOLUTION APPROVING AN
AGREEMENT FOR GRADING OF
DUBUQUE CORPORATE CENTF~,
DIRECTING THE EXECUTION OF
SAME AND AUTHORIZING THE
DISBURSEMENT OF NOT TO
EXCEED $620,000 FOR THE
PROJECT
Whereas, in furtherance of the objectives
of Chapter 403 lowa Code, 1989, ~s
amended, ("Urban Renewal Act"), the City
of Dubuque ("City") has undertaken an
Urban Renewal Project ("Project") to
advance thc community's ongoing economic
development efforts; and
Whereas, said Project is located within the
Dubuque Corporate Center Economic Deval-
opmcnt District ("Project Area'+); and
Whereas, there has been im~peted and
approved by the City an Urban Renewal
Plan for the Project Area consisting of the
Urban Renewal Plan approved by the City
Council of the City on the 18th day of
Mm'ch, 1991, ("Uffo,an Renewal Plan"); and
Whereas, Dubuque In-Futttse, Inc. ("In-
Futaro") is organized to render sen, leo to the
City of Dubuque, lowa, on mattere of com-
munity interest and to undertake in coope~-
tiou with the City, or on its own initiative,
the sponsorship of projects diluted to
selvlng the needs of City residents in
pan/uuhu' persons of low and moderate
income; and
Whereas, In-Futaw is the owner of
approximately 27 nc~s of land within the
Project Area and desires to work with the
City in improving their property consistent
with thc objectives of thc Urban Renewal
Plan; and
Whereas, the Project Area requires
extensive grading and filling to make it
ready for development in accordance with
the Urban Renewal Plan; and
Whereas, In-Futaro had prepared plans
and specifications for such grading by IIW
Engineers and Surveyors, PC and has
solici~d and received bids from qualified
contractors for said grading; and
Whereas, the Urban Renewal Act autho-
rizes the City to make and execute con~acts
nccessary and convenient to tho exercise of
its powers under the Urban Renewal Act;
and
Whereas, an Agreement for grading of
Dubuque Co,peseta Center with and by In-
Future has been prepared and the sar~ is
atteched he. to and by this reference n~ie a
part hereof; and
Whereas, the City belicves that the
grading of tho property pursuant to this
Agpceraent is in the vital and best interest of
the City and in accord with the public
pth.~oses and provisions of applicable
Federal, State and local laws and the
requirements under which the Project has
been undertaken and is being assisted.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Agreement for grad-
ing of Dubuque Co~'ate Center is hereby
approved and the Mayor and City Clerk are
hereby authorized and direc~l to' execute
said Agreement on behalf of the City of
Dubuque.
Section 2. That thc City Manager is
hereby authorized and directed to disb~se
funds to Dubuque In-Future, Inc. in an
Regular Session, June 3, 1991
230
amount not to exceed $620,000 in nccor-
dance with said Agreement
Passed, approved and adopted this 3rd
day of June, 1991.
Attest:
May/A. Davis
City Clerk
James E, Brady
Mayor
Council Member Voetberg moved adopt-
ion of the Reanlutlon. Seconded by Council
Member Kring. Carded by tho following
vote: Yum--Mayor Brady, Council Members
Deich, Kluesuor, Yaing, Voetherg. Nays--
None, Absent --Couecil Members Nichoisco,
Pratt.
Communication of Council Member Katie
K~ng advising of her resignation as Council
representative to Convention and Visitors
Bureau and Council to appoint representative
to fill vacancy, l~sented and ~ Council
Member Klueener moved that the communi-
cation be received and filed and accepted tho
x~siSention with regret and decided to wait
for the next meeting to make the
meat. Seconded by Council Member
Voetborg. Canted by the following vote:
Yues--Mayor Brady, Council Members
Dcich, Kluesuer, Riieg, Vcotberg. Nays---
None, Absent--Council Mumbcrs Nicholsco,
Pratt
RESOLUTION NO. 176-91
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUB, IOWA:
James B. Brady
Mayor
Attest:
Mmy A. Davis
City Clerk
Council Member Dutch moved adoption
of the Rusolutlot~ Seconded by Council
Vlember Kluesuer. Carded by the following
vota:Ycas--Mayor Brady, Council Members
Dutch, Kluasuer, Kfing, Vcolly~rg. Nays---
None. Absent--Cocodl Members Nichoison,
Pratt.
RESOLUTION NO. 177-91
Whereas, applications for Bcer Permits
have been submitted and filed to this Council
for approval and the sun~ have been
examined and approved; and
Wbereas, the premises to be occupied by
such applicants wcre inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
IY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manauer be authorized to cause
to be issued the following uamed appilcents
a Buer Permit.
CLASS "B" BEER PERMIT
Pusatefi Bros,, Inc., Puseteri Pcppe Pizza.
2400 Central Avenue
Passed, approved and adopted this 3rd
day of June, 1991,
That the foBowing having complied with
the provisions of law relatiag to the sale of
Cigaretics within the City of Dubuque, Iowa, Attest:
bc granted a permit to sell Cigarettes and Mary A, Davis
Cigarette Papers within said City, City Clerk
Beecher Co., Inc., Buecher Bcverage,
1691 Asbu~y Read
Hy-Vue Food Stores, Inc., Hy-Vee Food
Stoic, 3500 Dodge Street
M M and H Corporation, Silver Dollar
Cantina, 342 Main Sm~et
Riverside Bowl, Inc., Riverside Bowl,
1860 Hawthorne Street
Passnd, approved and adopted this 3rd
day of June 1991.
Jaases E. Brady
Mayor
Council Member Deich moved adoption
of the Resolution. Seconded by Council
~lcmber Klucsuer. Canled by thc following
vote: yues--Mayor Brady, Council Members
Dutch, Kluesuer, Krieg, Voethor~. Nays~
None. Absent---Council Members Nichoison,
Pratt
RESOLUTION NO. 178-91
Whereas, appUcations for Liquor Licenses
have been submitted to this Council for
approval and thc san~ have been examined
and approved; and
Wbemas, the premises to be occupied by
such applicants were inspected and found to
231
Regular Session, June 3, 1991
comply with the State Law and all City
O~dinances xchivant thereto and they have
filed proper bonds.
NOW, TI~REFORE, BE IT RBSOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
James B. Bauer, Jimmy "B's*', Sunday
Sales, 431 Rhomberg
Klm Reed, The Chateau, Sunday Sales,
3750 Central
Riverside Bowl, Inc., Riverside Bowl,
Sunday Sales, 1860 Hawthorne
Passed, approved and adopted this 3rd
day of Juue 1991.
Attest:
Mary A, Davis
City Clerk
James B. Brady
Mayor
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Khiesnsr. Canied by the following
vote: Yeas---Mayor Brady, Council Members
Deich, Riuesner, Kriag, Voetherg. Nays--
None. Absent--Coancil Members Nichnison,
Pratt
MINUTES SUBMITTED--Five Flags
Commission of 5-20;, Handicapped Parking
Review Committee of 5-8; Historic
Preservation Conunlssion of 5-8; Housing
Code Appeals Board of 4-30; Human Rights
Commission of 4-8; Long Range Planning
Commission of 5-15; Police & Fire
Retirement Boards Joint Meeting of 5-16,
pre~ented and mad, Council Member
Khiesner moved that the minutes be received
and filed. Seconded by Council Member
Dcich. Canled by the following vote:
Yeas---Mayor Brady, Council Members
Dnich, Kinesner, Kriag, Voelberg. Nay~--
None. Absent---Council Members Nicholson,
Pratt.
NOTICES OF CLAIMS/SUITS---Connie
Armbrnster in unknown amount for personal
injuries; Jean Bruce in amount of $52.43 for
vehicle damages; Toby Buchanan (Annette
Goedken) in amount of $2000.00 for vehicle
damages; Richard 1~ Collins in arnoun~ of
$42'/.81 for vehicle damages; Devin Gardty
in amount of $399.59 for vehicle damages,
presanted and read. Council Member
Kinesnet moved that the claims and suits be
refenv, d to the Legal Staff for investigation
and report. Seconded by Council Member
Dnich. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesuer, Kriag, Voetberg. Nays--
None. Absont--Coancil Membars Nicholson,
Prerc
Communications of Co~orafion Counsel
advising of referral of following claims to
Crawfo~d & Company, the agent for tho
Iowa Community Assurance Ponl: personal
injury claim of Meatetta Flynn; property
damage claim of Sondra M, Knabel; personal
injury claim of Janet M. Vnsberg, presented
and read. Council Member Kluesner moved
that the communications be received and
filed. Seconded by Council Member Deich.
Canied by the foltowin8 vote: Yces-~Mayor
Brady, Council Members Dalch, Kluesncr,
Kriag, Voctberg. Nays--None. Absent--
Council Members Nicholson, Pratt.
Commanicailon of Ninky Stanke, Libre~
Dh~ctor, submitting report from the annual
battery of surveys conducted at the Carnegie
Stout Public Libra~, incsanted and re~d.
Council Member Khiesner moved that thc
communication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas--Mayor
Bredy, Council Members Deich, Ktansncr,
Krle8, Vontberg. Nays--None. Absent--
Council Members Nichoison, Pra~
Communication of Diane O'Deil edvising
of her resignation as a member of the
Libnuy Board of Tr~tees, presented and
read. Council Member Kinesner moved that
the communlcailon be received and filed and
accepted with regret. Seconded by Council
Member Dnich. Canied by thc following
vote: Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Voctberg.
Nays--Noue. Absent--Council Members
Nicholsen, Pratt.
Petition of Dick Hartig requesting vaca-
tion of 30 feet of Villa S~et adjacent to
Lots 17, 18, 19, 20, 21 and the seutherly 5'
8" of Lot 22 in Levi's Addition, presented
and read. Council Member Kluesner moved
that the petition be refen'ed to City Manager
and staff for investigation and rupert
Seconded by Council Member Dnich.
Carried by the following vote: Yeas--Mayor
Brady, Council Members Deich, Khiesner,
Kriag, Voetherg. Nays--Noue. Absent--
Council Members Nichoison, Pratt.
Regular Session, June 3, 1991
232
Petition of Gary Newt requesting to
vacate a po~ion of Villa Slreet, presen~l
and re~d. Council Member Klue~ner moved
that the petiflou be refen~d to thc City
Manager and staff for investigation and
~perC Seconded by Council Member Dcich.
Carded by the foBowin8 vote: Yens--Mayor
Brady, Council Members Doich, Klansanr,
Kfiag, Voutberg. Nays--None. Absent--
Council Memb~s Nichnison, Pratt.
Communication of Pani J. Peck0zh,
Senior Vice P~sidant of Dubuque Bank &
Trust, submitting their report as required
under Article VI of the Indenture of Trust
between the City of Dubuque and Dubuque
Bank & Trust Company regarding the
Bethany Home project, presented and read.
Coannil Member Kinesnes moved that thc
communication be received and filed.
Seconded by Council Member Dcich.
Canied by the following vote: Ye~s--Mayor
Bredy, Council Members Deich, Klucaner,
Kricg, Voetbe~g. Nays--None. Absent--
Council Members Nichoison, Pre~
Communication of Eliecn T. Kester
requesting a competitive nine-hole green fee
for Bunker Hill Golf Course, presented and
read, Council Member Khinsner moved that
thc communication be ~c~ived and filed.
Secomied by Council Member Deich.
Carried by the following vote: Yeas--Mayor
Bredy, Counnil Members Deich, Khiesner,
Kriag, Voutberg. Nays--None. Absent--
Council Members Nichoison, Pratt.
Communication of City Manager request-
lng approval of the assignment of the
concession operation at the Nicholas J.
Sutton Swimming Pool from John Snider to
Bill Meyer and Paul Rocuey and authorize
thc City Managcr to execute, presented and
read. Council Member Kinnsner moved that
thc communication be received and filed and
assignment approved. Seconded by Council
Mumbo' Duich. Carried by the following
vote: Yeas---Mayor Bredy, Council Members
Deich, Kinesuer, Kriag, Voctberg. Nays-~
None. Absent--C. ouncll Members Nichoison
Pratt.
Communication of City Manager ~luest-
lng approval of a Funding Agreement
between Project Concean/Phone-A-Ffiand
Inc. and the C~ty of Dubuque for services to
be rendered to the citizens of Dubuque
dining Fiscal Year 1992, presented and read.
Council Member Kluesner moved that the
communication be received and filed.
Seconded liy Council Member Duich.
Carried by the following vote: Yeas--Mayor
Br~iy, Council Members Dnich, Kinesner,
Kriag, Voetber~. Nays--Non~. Absent--
Council Members Nichoisou, Pratt.
RI~OLUTION NO. 179-91
RESOLUTION APPROVING A
FUNDING AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND THE
PRO~ECT CONCERN/PHONE-A-
FRIEND, INC. AND AUTHORIZING
AND DIRECTING THE CITY
MANAGER TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE
CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has
negotiated with Project Concern/Phoue-A-
Fsiend, Inc., to continue to provide for
services that will aid the City of Dubuque in
meeting the social and economic needs of
low and moderate income persons and the
long-te~Tn employed; and
Whereas, the terms and conditions under
which Project Concern/Phoue-A-Ffiand, Inc.
will be funded for providing the above
described services a~ set forth in the
Funding A~reement, a copy of which
Agrecn~nt is hereto at~anhed and by this
ref~xence made a pe~ hereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached Funding
Agreen~nt by and between the City of
Dubuque, Iowa and Project Conecrn/Phone-
A-Friend, Inc. be and the san~ is hereby
approved.
Secflou 2. That the City Manager be and
he is hereby anthofized and directed to
execute said Agreement for and on behalf of
the City of Dubuque.
Passed, approved and adopted this 3rd
day of June, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Klucsner moved adop-
tion of the Resolution. Seconded by Council
Member Duich. Canied by the following
vote: yeas--Mayor Brady, Council Members
Dalch, Kinesuer, Faiag, Voetberg. Nays---
Nouc. Abscnt--Coancil Members Nichoison,
Prate
233
Regular Session, June 3, 1991
Communication of City l~umager ruque~t-
lng tho filing with the Dopamncet of
Housing and Urban Development · Request
for Release of Community Development
Block Grant funds for the Dubuque
Corporate Business Park (Wm. C. Brown
Company), pmrented and read. Council
Member Klue~ner moved that the commtmi-
cation be rec4dved and filed. Seconded by
Council Member l~eh. Canied by the
foBowing yoU.: Yeas--Mayor Brady,
Council Members Dnich, Kluesanr, Krleg,
Veetberg. Nays--None. Absent-- Council
Members Nichcison, Pratt,
RESOLUTION NO. 180-91
A RESOLUTION AUTHORIZING
SUBMISSION OF A REQUEST FOR
RELEASE OF COMMUNITY
DEVELOPMENT BLOCK GRANT
FUNDS FOR THE DUBUQUE
CORPORATE BUSINESS PARK
(WM. C. BROWN COMPANY)
Whereas, the City of Dubuque convcued
an ad hoc ocmmittee on February 26, 1991,
which completed an environmental assess-
ment of the above captioned project to be
funded with the Community Development
Block C-rant; and
Whereas, pu~sannt to Resolution No.
153-91, edop~ed May 6, 1991, public notice
of a "Finding of No Significant Effect on the
Environment" for the above project was
published May 8, 1991, in the Dubuque
Telegraph Herald and provided for a public
comment period until 12:/30 noon, Friday,
May 24, 1991; and
Where., public notice of a "Finding of
No Significant Effect on the Environn~nt"
for thc project was sent by regular mail to
various federal, state and local public
agencies and to thc local news media,
individuals and groups known to be in~'-
ested and believed to be appropriate to
receive such a public notice; and
Where., any and all objections, if uey, to
such proposal has been duly considered; and
Whereas, it is the in~nt of the City
Council to authorize the submiss/on of a
~.quest te the U.S. Department of Housing
and Urban Development for the release of
funds to can'y out the above identified
project
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~lon 1. That the environmental review
reconi for the project shall continue to
remain on file in the Office of the City Clerk
where said record may be examined and
Col~ed by any interested party.
Se~inn 2. That the Mayor of the City of
Dubuque is hereby authorized and directed
to submit to the U.S. Department of Housing
and Urban Dcvciopment seven (7) days after
publication of appropriate notice a Request
for Release of Funds to undertake the said
project,
Sectinn 3. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar as the provisions of
the said Act apply to the U.S. Dapastment of
Housing and Urban Development responsi-
bil/ties for review, decision making, and
action assumed and ealtrlod out by the City
of Dubuque as to envlsonmentni issues.
Section 4, That the Mayor of the City of
Dubuque is hereby authorized to consent
personally, in his official capacity and on
behalf of the City of Dubuque, to accept the
jurisdiction of the federal cour~ if an action
is brought to enforce responsibilities in
relalion to environmental reviews, decision
making, and action.
Section $. That the Mayor of the City of
Dubuque be and he is hereby authorized and
directed to execute a certification pertaining
to the environmce~l review procedures.
Sectinn 6. That the City Clerk be and she
is hereby authorized snd directed te publish
a public notice for a Request for Release of
Funds and Certification atlanhed hereto and
made a pan hereof.
Passed, approved and adopted this 3rd
day of Jane, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved edop-
llon of the Resolution. Seconded by Council
Member Deich. Car~ed by the following
vote: Yeas--Mayor Brady, Council Members
Deieh, Kluesner, Faieg, Veetherg. Nays~
None. Absent----Counnil Members Nicholson,
Prate
Communication of City Manager submit-
ting, for Council review, Ordinance Numbers
40-91, 41-91, 42-91 and 44-91; said
Regular Session, June 3, 1991
Ordinance.4 we~ adopted et thc Council
morning of May 20, 1991, presented and
wad, Council Member Kluesner moved that
tbe communiceflon bo received and filed and
publication approved, Sec~xded by Council
Member Dcich, C~mied by the following
vote: Yeas --Mayoc Brady, Council Members
Dnich, Kluesoer, Krleg, Voc~berg. Nays---
None. Absent---Council Members Niehoison,
Pratt,
Communication of Jan Hess, Dubuque
County Personnel Deparunent, requesting
suspension of Real Estate Taxes for Lenice
Kingsley, presented and read. Council
Member Kluasner moved that the communi-
cation be received and filed and suspension
approved. Canlod by the following vote:
Yeas---Mayor Brady, Council Members
Daich, Kluesner, Krieg, Voctherg. Nays--
None. Absent--Council Members Nichoison,
Prate
Mavff Miller, Manager of Rivervicw Park,
spoke requesting budgetary consideration for
the park.
There being no further business, Council
Member Deich moved to adjourn the racet-
ing. Seconded by Council Member Voetberg,
Canind by the following vote: Yeas--Mayor
Brady, Council Members Ddich, Kluesncr,
Kficg, Vootberg, Nays---None. Absent--
Council Members Nicholson, Pratt,
234
Meeting ndjoumed at lh04 p.m.
M~'y A. Davis
City Clerk
Attest:
235
Special Session, June 10, 1991
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Spechd Session, June 10, 1991.
Council met at 7:00 p.m., Pnblic Library
Auditorium.
Present: Mayor Brady, Council Members
Ddich, lOuesner, Krieg, Nicholson, Pratt
Voetberg, City Manager W. Kenneth
Gearhart, Corporation Counsel Bany A.
Lindehl.
Mayor Brady read thc call and stated this
is the Special Session of the Council called
for the propose to act upon Resolutions
regasding the construction of the 1~91 P.C.
Concrete Paving Project and acting upon
such business which may properly come
before the Council.
Council Member Kluesner moved that the
rules be suspended to aglow anyone present
to address the Council if they so desire.
Seconded by Council Member Pratt, Canded
by the following vote: Yeas--Mayor Brady,
Council Members Deich, Klueuner, Krieg,
Nicholson, Pratt, Vectberg. Nays--Noun.
RESOLUTION NO. 182-91
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the 1st day of May, 1991,
plans, specifications, form of contract and
estimated cost were filed with the City Clerk
of Dubuque, Iowa for thc 1991 P,C. Cco-
crete Paving P~ject; and
Whereas, notice of heating on plans,
specifications, form of contract, and
estimated cost was published as required by
law.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specific~ons, form
of contract and estimated cost are hereby
approved as thc plans, specifications, form of
conlxact and estimated cost for said
impeovements for said wojcct.
Passed, adopted and approved this 10th
day of Juan+1991.
Mary A. Davis
City Clerk
Jamus E. Brady
Mayor
Council Member Kluesner moved adop-
ilon of the Resolution. Seconded by Council
Member Nlcholson. Candnd by the following
vote: Yeas---Mayor Brady, Council Members
Duich, Kluesner, Kfieg, Nichulson, Pratt,
Vcotberg, Nays---None.
RESOLUTION NO. 18~-91
RESOLUTION WITH RESPECT TO
THE ADOPTION OF THE
RESOLUTION OF NECESSITY
PROPOSED FOR THE 1991 P.C.
CONCRETE PAVING PROJECT
Whereas, the City Council has proposed
a Resolution of Necessity for the 1991 P.C.
Concrete Paving Project, has given notice of
the public hearing thereon as ruquired by
law; and
Whereas, the public hearing has been
held, all persons offering objections have
been heard and consideration given to all
objections and is pending hafore this
Council; end
Whereas, this is the time and place set us
provided for thc tuldng of action on the
proposed Resolution of Necessity.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed Resolution of Necessity
described above is hereby:
Adopted, without amendment, and aH
objections filed or made having been duly
considered are overruled.
Panned, adopted and approved this 3rd
day of June, 1991.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Council
Member Nicholson. Carried by the followhig
vote: Yeas---Mayor Brady, Council Members
Deich, Klaesner, Kring, Nicholson, Pratt,
Vcotberg. Nays--None.
Special Session, June 10, 1991
236
RESOLlYrION NO. 184-91
ORDERING BIDS
NOW, THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OP
DUBUQUE, IOWA:
That tbe 1991 P.C. Conerete Paving
Project is hereby esdesed to be advertised for
bids for consUanlico.
BE IT FURTHER RESOLVED, that the
amount of the secm'ity to accompany each
bid shall be in un amount which shall
conform to the ptovisicos of the notice to
bidders he,by nppwvnd as a past of tho
plans and specifications heretofore adopted.
That the City Cie~k is hereby directed to
advertise for bids for the construction of the
improvemunt~ herein provided, to be pub-
lishnd in a newspaper having general
circulation in the City of Dubuque, lows,
which notice shaH not be less than four days
nor more than twenty days Inior m 0tht~
receipt of said bids at 2:00 p.m. on tho ~0
day of June. Bids shall be opened and read
by the City Cie~k nt said time and wili be
submitted to the Council for final action at
?:30 p.m. co the 1st day of July, 1991.
Passed, ndopted und ~pproved ~hls 10th
day of June, 1991.
Jan~s E. Brady
Mayor
Attest:
Mary A, Davis
City Clerk
Council Member Kluasner moved
finn of the Resolution. Seconded by Council
Member Nichalsco. Carried by the following
vote: yeas--Mayor Brady, Council Members
Duich, Kluesner, Krieg, Nicholsco, Pratt,
Voetherg. Nays---Noun.
An Ordinance amending the City
Dubuque Cede of Ordinances by
new Article IX
Negative Option Pians in the City of
Dubuque, Iowa, said Ordinance having been
presented and read at the Council n-e~ting of
June 3, 1991, presented for fu~er ~ction.
Attorney Jan~s Heckmann, 216 CyCaze
Plaza. questioned if the proposed Ordinance
would impact the vafiot~ "Book of the
Month" clubs.
Douglas Nix, of TCI Cable Co., stated
they will not launch Encore es originally
planned effective July lsL
Council Member Kluesner moved that this
be considated the second reading of the
Ordinance. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dulch, Klunsner, Krieg, Nicholson, Pratt,
Veetberg. Nays--None.
There being no further besiucas, Council
Member Klunsnes moved to adjourn the
meeting. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Duich, gluesnar, Kflng, Nicholson, Pratt,
Vcotbetg. Nays---Noun.
Meeting adjourned at 7:39 p.m.
Mary A. Davis
City Clerk
Apgtoved~ '~---~ 1992,
Council Members
Attest: .
Regular Session, June 17, 1991
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, lune 17, 1991.
Council n~t at 7:30 p.m., Pohilo LilmuT
Auditorium.
Prasunt: Mayor Brady, Council Members
Deich, Klunsunr, Krieg, Nichoison, Pratt,
Vuntberg. City Manager W. Kenneth
Ounthatt, Corporation Counsel Ban/ A.
Liedahl.
Mayor Brady read the call and stated this
session is the Regui~ Monthly Meating of
the City Council cailed for the propose to act
upo~ su0h business which may properly
come before tho Council.
Invunation was given by Father John
Waish, Pantm- of St. Joseph's Catholic
Cherch.
PROCLAMATIONS--June 17-23 as
"Amateur Radio Week" mccived by Bill
Hanmeier.
City Human Services Di~c~- Randy
Peck intreduced Mr. Charles Azoheokhui,
City Human Rights Director.
Council Member Kluesner moved that tho
niles be suspended to allow anyone pre~nt
to address the Council. Seconded by Council
Me~nber Vuntherg. Canied by the following
vote: Yeas--Mayor Brady, Council Membe~
Deleh, Klunsner, Kaieg, Nichoison, Pratt,
Vuntberg. Nays--None.
Proof of Publication certified to by the
Publish~ un Notice of Hearing on Hans and
Specifications for thc Locust Street Parking
Ramp Revenue and Control Equipment, pre-
sunred and read. Them were no written
objections received and no oral objectors
present at the time of the hearing. Council
Member Pratt moved that thc proof of publi-
cation be received and filed. Seconded by
Council Member Klunsner. Carried by the
following vote: Ye~--Mayor Brady,
Council Members Deich, Kluesanr, Krleg,
Nichoison, Pratt, Voetherg. Nays--None.
RESOLUTION NO. 1~-91
RESOLUTION ADOPTINO PLANS
AND SPECIFICATIONS
Whereas, on the 1st day of May, 1991,
plans, specifications, form of contract and
estimated c~ost were ~ed with the City Cierk
of Dubuque, Iowa, for the Locust SUe. et
Pafldng Ramp Revenue and Con~ol Equip-
ment; und
Whereas, notice of heating on plans,
specificafioas, form of con,act, and
estimated cost was published as requliv, d by
law.
NOW, THEREFORE, BE IT RESOLVBD
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of conffact and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated co~t for said improve-
merits for said projcet,
Passed, adopted and approved this 17th
day of June, 1991,
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Pratt moved adoptio~ of
the Rasolufion. Seconded by Coutwil
Member Kluesner. Cnn/ed by thc following
vote: Yeas--Mayor Brady, Council Members
Dcich, Klunsuer, Krieg, Nicholson, Pratt,
Vuntberg. Nays---Noun.
Proof of Publication certified to by thc
Puhiisher on Notice to Bidders of the
Receipt of Bids for thc Locust Street Parking
Ramp Rcvcnun and Control Eqcipmcnt
project and communication of City Manager
recommending to award contract for project,
presented and read. Coundl Member Pratt
moved that thc p~oof and communication be
received and filed. Seconded by Council
Member Kluesner. Can/ed by the following
vote: Yeas--Mayor Brady, Council Members
Deleh, Kluesner, Krieg, Nicholson, Pratt,
Vuntberg. Nays--None.
RESOLUTION NO. 186-91
AWARDING CONTRACT
Whereas, sealed l~OpeSals have been
submitted by con,actors for the Parking
Revenue and Control Equipment update for
the Locust S~eet Ramp pursuant to Reso-
Regular Session, June 17, 1991
238
luilon No, 129-91 and notice to bidders
published in a newspaper published in the
City of Dubuque, Iowa, on the 16th day of
May, 1991; and
Wbereas, said sealed proposuis were
opened and reed on the 3rd day of June,
1991, and it has been determined that the hid
of Parking, Inc. of Des Moiuns, Iowa, in the
anmunt of $93,516.00 was the lowest bid for
the furnishings of all labor and materials and
pedom~ing the work as provided for in the
plans and specifications.
NOW, THERBFORE, BE IF RESOLVED
BY THE CITY COUNCIL OF Tile CITY
OF DUBUQUE, IOWA:
That the conh~tct for the above improve-
ment be awarded to Parking, Inc. and tho
Manager be and is hereby di~cted to
execute n contract on behalf of the City of
Dubuque for the complete performance of
the woik.
BE IT FURTHER RESOLVED, that upon
the signing of said contract and the approval
of the conuacto~'s bend, the City Trcasu~r
is authoriz~l and instructed to return the hid
deposits of the unsuccessful hidders.
Passed, approved and adopted this 17th
day of June, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved ndol~ion of
the Resolution. Seconded by Council
Member Kinesner. Can/ed by the following
vote: Ye. ss--Mayor Brady, Council Members
Deich, Kluesner, Krleg, Nicholson, Pratt,
Voetberg. Nays-~Noan.
Proof of Publication certified to by the
Publisher on Notice of Hearing on Plans and
Specificeilons for thc Reconstruction of an
existing Storm Sewer in Sheridan Road
between Peru Rund and Davis Avenue, pre*
sented and ~ There were no written
objections nw~ived and no oral objectors
pre~ent at the time of the hearing. Council
Member IGfieg moved that the proof of
publicalion be received and filed. Secended
by Council Member Nichoison. Canled by
the following vote: Yeas--Mayor Brady,
Council Member~ Dcich, Kinesanr, Krieg,
Nicholson, Pratt, Voetherg. Nays--None.
RESOLUTION NO. 187-91
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on thc 15th day of May, 1991,
plans, specificati~ms, form of contract and
esllmated cost were filed with the City Clerk
of Dubuque, Iowa, for tho Sheridan Road
S~m Sewer Reconstruction; and
Wbereas, notice of heating un plans,
specifications, form of contract, and
estimated cost was peblished as requi~ed by
law.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract, and esfiw~ted cost are hereby
approved as the plans, specifioations, form of
contract, and estimated cost for ~aid
improvements for ~uid project.
Passed, ndop~i and app~ved this 17th
day of June, 1991.
James E. Brady
Mayor
Ma~y A. Davis
City Clerk
Counc'fl Member Kfing moved adoption
of the Resolution. Seconded by Council
Member Nichoison. Canied by the following
vote: Yeas--Mayor Brady, Council Members
Dcich, lOunsner, Krieg, Nicholson, Pratt,
Voetberg. Nays--Ncoe.
Proof of Publication certified to by the
Publisher on Notice to Bidders of the Re-
ceip~ of Bids for the project and communi-
callon of City Manager recommending to
award cofl~act for project, presented and
read. Council Member IOieg moved that the
proof and communication be received and
filed. Seconded by Coundl Member
Nicholson. Can/ed by the following vote:
Yeas--Mayor Brady, Council Members
Deleh, Kluesunr, Krieg, Nicholson, Pratt,
Voetberg. Nays---None.
RESOLUTION NO. 188-91
AWARDING CONTRACT
Wbere~, sealed proposals have been
submitted by contractors for the Shefidun
Rood Stetro Sewer llgconstruetion purauant
to Resolution No. 165-91 and notice to
hidders published in a newspaper published
239
Regular Session, June 17, 1991
in the City of Dubuque, Iowa, on the 24th
day of May, 1991; and
Wherena, s~id sealed proposals wea~
opened and mad on the 6th day of Jane,
1991, and it has been determined that the bid
of McDermott Excavating of Dubeqne, Iowa,
in the amount of $63,789.83 was the lowest
hid for the furnishings of $11 labor and
ma~rials and performing the work as
provided for in the plans and specifications.
NOW, TI~REFORE, BE IT RESOLVEI)
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the contract for the above improve-
ment be awarded to McDermott Excavating
and the Manngar be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of
the work.
BE IT FURTHER RESOLVED, that upon
the signing of said contract and the appwval
of tho contractor's bond, the City Treastu~r
is authorized and instructed to x~turn the bid
deposits of the unsucce~sfni hiddors.
Passed, approved and adopted this 17th
day of Sune, 1991.
Attest:
Mary A. Davis
City Cierk
James E. Brady
Mayor
Council Member Kring moved adoption
of tho Resolation. Seconded by Council
Member Nicbolson. Carried by the following
vote: Yeas-~Mayor Brady, Council Members
Dcich, Kluesner, Kring, Nicholson, Pratt,
Voetbel~. Nays--None.
Proof of Publication certified to by the
Publisher on Notice of Heating on Plans and
Spenificati~os for the Construction of 1991
Asphalt Paving Project, presented and read.
There were no written objections received
and no oral objecto~ present at the limo of
the hearing. Coune'd Member Vantherg
moved that the proof of pobllcation be
received and filed. Seconded by Counc'd
Member Nicholson. Carried by the following
vote: Yens--Mayor Brady, Council Members
Deich, Klansner, Kfieg, Nicholson. Prat~
Vantberg. Nays---None.
RESOLUTION NO. 189-91
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, on the lSth day of May, 1991,
plans, specifiextions, form of contact and
estimated cost were filed with the City Clark
of Dubuque, lowa for the 1991 Asphalt
Paving Project; and
Whereas, notice of hemlng co plans,
specifications, form of contract, and
estimated cost was published as required by
law.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That thc said plans, sl~cndons, form
of contract and estimated cost are bereby
approved ns the plans, specifications, form of
contract and estiran~d cost for said
improvements for said project.
Passed, adopted and approved this 17th
day of June, 1991.
James E. Brady
Mayor
Attest:
Mar-] A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Rarolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas---Mayor Brady, Council Membcas
Deich, Klnesner, Kring, Nichoison, Pratt,
Vontberg. Nays---None.
Proof of Publication certified to by the
Publisher on Notice to Bidders of the Re-
celpt of Bids for thc project and conummi-
cation of City Manager recommending to
award contract for project, presented and
read. Council Member Veetber§ moved that
the proof and communication be received
and filed, Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Kxleg, Nicholson, Pratt,
Voetborg. Nays--None.
RESOLUTION NO. 190-91
AWARDING CONTRACT
Wbere~. sealed p~posals have been
submitted by conwactors for the 1991
Asphalt Paving Project pursuant to
Resolution N~x 162-91 and notice to hidders
pubBshed in a newspaper published in the
City of Dubuque, lowa~ on the 24th day of
May, 1991: and
Whereas, said sealed proposals were
opened and read on thc 5th day of Jane.
1991. and it has been determined that the bid
Regular Session, June 17, 1991
240
of River City Paving, a Division of Mathy
Construction Company of Onalaska,
Wisconsin, in the amoant of $194,746.70
was the lowest bid for the furnishings of ail
~ and mate~als and performing the work
as provided for in thc plans and
spec~ficatior, s.
NOW, THEREFORE, BE IT RESOLVEI)
BY THE CITY COUNCIL OF THE CITY
OF DUEUQUE, IOWA:
That the conUact for the above improve-
mont be awarded to River City Paving, a
Division of Mathy Construction Company,
and the Manngar be and is hereby dhr. oted to
execute a contract on behalf of the City of
Dubuque for the comNlete performance of
the wink.
BE IT FURTHER RESOLVED, that upon
the signing of said contrsct and the approval
of the contrac~r's bond, the City Treasurer
is anthoilzed and inatructed to return tho bid
deposits of the unsuccessful hidders.
Passed, approved and adopted this 17th
day of June, 1991.
Jan~es E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Counc'fl
Member Nicholson. Carried by the following
vote: Yeas---Mayor Brady, Counc'd Members
Dnich, Klnesner, Yaieg, Nicbolson, Pratt,
Vo~thorg. Nay~None.
Communication of Zoning Commission
advising of their approval of amendments to
the Plaza 20 PC Conceptual Development
Plan, presented and read, Coancil Member
Kluesnar moved that the communication be
received and filed. Seconded by Council
Member. Nicholson. Carried by the follow-
ing vote: Yeas~Mayor Brady, Council
Members Deich, Kluesnar, Kring, Nicholson,
Pratt, Voetbrrg. Nays--None.
An Ordinance atmnding Ordinance No.
6/-78 which Or~anece established a
Planned Unit Development designation for
the Plaza 20 Shopping Center and providing
for tho expansion of the existing Planned
Commercial District by ~eclassifying
ndjclning property fsom C-3 General Cem-
marnial to PC Planned Commercial and
providing for District Sign Rngdiatiens,
presented and ~ Council Member
Kluesnar moved that this be considered tho
first ~ding of the O~dinance, and that the
reqnirereant that a psoposed Ordinance be
consideand and voted an for passage at two
Coancll meetings l~ior to the meeting at
which it is to be llnaHy adopted be sus-
pended and furd~r moved that a pubiic
hearing be held on the prolx~w.d Ordinance
on the 1st day of July, 1991, at 7:30 p.m. in
thc Public UIx=y ~d~to~em and that ~
City Clerk pultish notice in the numner
prescribed by law. Seconded by Council
Membar Nicholson. Carried by the following
vote: Y~Mayor Brady, Council Members
Deich, Riuesner, Kring, Nicholson, Pratt,
Voetberg. Nays--None.
Convnunication of Zoning Commission
advising of their denial to reclassify property
at 590 Clarke Drive as ruqnested by Michael
Breitbach, from C-I to C-2, prexanted and
read. Council Member Pratt moved that tho
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas~
Council Members Dalch, Kfing, Ntcboison,
Pratt. Nays--Mayor Brady, Council
Members lOuesner, Vocthe~,
An Chdinence an~nding Zoning ordi-
nance by reclnssifying property located at
590 Clarke Diive from C-I Neighborhood
Commercial District to C-2 Neighborhood
Shopping Center District, p~santed and read.
Lyle Grant, 5'/9 Clarkn Drive, and Bob
Cronin, 2127 Gold St~et, objected to thc
proposed rezoning.
Coancil Member Voetberg moved that the
Oufinance be received and filed and concur
with thn denial. Seconded by Council
Membo' Kluesner. Vote on thc motion was
as follows: Yeas--Mayor Brady, Council
Members Riucsner, Vcetberg. Nays~
Coancil Members Dalch, Foing, Nicbolsan,
Pratt Motico failed.
Council Member Pratt moved that this be
considernd thc first xeading and that thc
Ordinance be set for public heating on July
15, 1991, at 7:30 p.m. in the Public Library
Audito~um and that the City Clerk publish
notice in thc manner prescribed by law.
Seconded by Council Member Nicholson.
Carded by the following vote: Yeas--
Council Members Dalch, Kriag, Nicbelson,
Pratt. Nays--Mayor Brady, Council
Members Kluesner, Voetberg.
Communication of City Manager recom-
mending to vacate a pottion of an alley lying
between Central Avenue and White Street,
from 13th Street to 14th Street as requested
by Dubuque Bank & Trust Compeny, pre-
sented and xead. Council Member Pratt
241
Regular Session, June 17, 1991
moved that the communication be received
and filed. Seconded by Council Member
Kring. Carried by the following vo~:
Yens~Mayor Brady, Council Members
Deich, Klunsner, Krlng, Nicholson, Pratt,
Voetherg. Nays.~None.
RESOLUTION NO. 191-91
RESOLUTION APPROVING PLAT
OF PROPOSED VACATED ALLEY
BETWEEN CENTRAL AVENUE
AND WHITE STREET, FROM 13TH
STREET TO 14TH STREET, A
PORTION OF FOURTEENTH
STREET, AND A PORTION OF
CENTRAL AVENUE
Whereas, there has been pre~ented to the
City Council of the City of Dubuque, Iowa,
a plat dated May 7, 1991, prqm~l by
Buasing & Associates, Dubuque, lows,
describing the proposed vacated portion of
alley between Central Avenue and White
Street., from 13th Street to 14th Strant, a
portiun of Fourteenth S fay, et, and a potion of
Central Avenue; and
Where,, said plat confco-ns to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF ~ CITY
OF DUBUQUE, IOWA:
Se~lon 1. That the plat dated May 7,
1991, prepared by Buesing & Associates,
relative to the ~1 estate bereiunbove
described be and the same is hereby
epproved, and the Mayor and City Clerk be
and they are hereby authorized and atrecled
to execute said plat for and on behalf of the
City of Dubuque, Iowa.
Secllon 2. The City of Dubuque reserves
unto itself a perpet~ easement including thc
right of ingress and egress thereto, for the
purpose of erecting, instslling, constructing,
reconsUucting, repairing, owning, operating,
and malnUtining water, sewer, drainage, gas,
telephone, tv cable, and electric lines as may
be authorized by the City of Dubuque, Iowa.
Se~lon 3. That the City Clerk be and is
hereby authorized and directed to file said
plat and ce~ified copy of this Resolution in
thc office of the Recorder, in and for
Dubuque County, Iowa.
Passed, approved and adopted this 17th
day of June, 1991.
James E. Brady
Mayor
Attnst:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption of
the Reanlullon. Seconded by Council
Member Kring. Canied by the following
vote: Yeas--Mayor Bnniy, Council Members
Deich, Klucsner, Kring, Nicholson, Pratt,
Vuntberg. Nays---None.
An Ordinance vacating the alley between
Central Avenue and White SWeet, fi'om 1301
Street to 14th Street, a porllun of Fourteenth
Sm:et, and n portion of Central Avenue,
presen~l and read. Council Member Pratt
moved that this be considered the first
reading of the Ordbiunce, and that the
reqnirun~nt that a pToposed Ordrnanee be
considered and voted on for passage at two
Council meetings prior to the meeting at
which it is to be finally adepted be
suspended and further moved that a public
hearing be held on the proposed Ordinance
on the, 1st day of July, 1991, at 7:30 p.m. in
the Public Library Auditorium and that the
City Clerk publish smtins in the manner
prescribed by law. Seconded by Council
Member Kfieg. Can'iud by the following
vote: ye~.s.-*Mayor Brady, Council Mcmbgus
Deich, Klucsncr, Kring, Nicholson, Pratt,
Yuntberg. Nays-~Noun.
RESOLUTION NO. 192-91
RESOLUTION DISPOSING OF CITY
INTEREST IN CITY LOTS 444A,
444B, AND 444C IN THE CITY OF
DUBUQUE, IOWA
Whereas, the Dubuque Bank and Trust
Company has requested the vscating of the
alley between Central Avenue and White
Street, from 13th S~eet to 14th Sue. et, a
pocdon of Fourteenth Stteet, and a portion of
Central Avenue; and
Wbe~s, Bunsing and Asscciates,
Dubuque, Iowa, has prepaid and submi~d
to the City Council a plat showing the
vacated portion of the alley between Central
Avenue and White Stteet, from 13th Street
to 14th Street, a portion of Fourteenth Smet,
and a portion of Central Avenue and as-
signed lot numbers thereof, which hereinafter
shall be known and described as City Lots
444A, 444B; and 444C in the City of
Dubuque, lowa; and
Wbe~as, the City Council of thc City of
Dubuque, Iowa, has determined that this
alley between Central Avenue and White
Regular Session, June 17, 1991
242
Street, from 13th Stteet to 14th St~et, a
portion of Fourteenth Smet, and a pe~lion of
Cun~ Avun~ is ~ 1o~ ~ f~
pu~c ~, ~pt f~ u~ ~ ~
no~, ~ v~ ~ ~ of ~d ~
of ~eys ~d s~ ~ ~ Ci~ ~
~4A, ~B ~ ~C in &e ~ of
Du~q~, Dub~un Co~, iow~ sho~d ~
a~v~.
NOW, T~O~, BB ~ ~OL ~
BY T~ C~ ~O~C~ OF ~ ~1~
OF DUBUQ~, IOWA~
S~lon 1. That ~ City of Dubuque
in~nda ~ ~s~e of i~ in~t in ~ ~
444A, ~B, ~d ~4~ in ~ ~ of
Dubuq~, low~
S~inn ~. ~t ~e ~nvey~ of ~ty
~ 444A, ~4B, ~d ~4~ in ~e City of
Dubuq~, low~ ~ Dubuque B~ ~d Trust
~o~y ~ ~n~ngant u~n ~ ~y~nt of
$8,~0.~, ~us pining, pub~on ~d
~ng f~s.
S~lon 3. Tbe ~ of Dub~ ~se~ns
~to i~lf a ~t~ ~nt ~cl~ing ~
fight of i~ ~d ng~ss ~e~to, f~ ~e
p~ of e~ng, instil, ~ns~c~g,
~ns~c~g, ~ng, owing,
~d ~n~g w~r, sewer, ~ge, g~,
~l~ho~, ~ ~ble, ~d el~c ~n~ ~ ~y
~ an~ by ~e Ci~ o~ Dubuque, low~
he,by au~ ~d ~ ~ ~ ~d
in ~e ~r ~ ~sc~ by law.
P~s~, ~v~ ~d ~ ~s
day of June, 1~1.
Jart~s E. Brady
Mayor
Attest:
Mary A, Davis
City Clerk
Council Member Pratt moved adoption of
the Resolution. Seconded by Council
Mcmbec Krieg. Canied by the following
vote: Yeas--Mayor Brady, Cour~cil Members
Deich, Kluesner, Krieg, Ninholson, Pratt,
Voetberg. Nays~None.
Communication of City Manager submit-
ting documents providing for the bidding
process for Improvements to tho Emergency
Operations Center to allow for E911 Back-
Up and to improve thc ONerallng Efficiency
as a Command Center, presented ami read.
Council Member Xiuesner moved that the
communication be recdived and filed.
Seconded by Council Member Veetberg.
Canind by the following vote: Yeas--Mayor
Bnniy, Council Mambers Delch, Kluesner,
Kfing, Nicholson, Pratt, Voetberg.
Nays---Non~.
P~SOLUTION NO. 193-91
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plmls, specifications,
form of contract and estimated cost for the
Remodeling of the Dubuque County Emer-
gency Operations Center, in the estimated
amount of $24,000.00, are hereby approved
and ordered filed in the office of the City
Clerk for public inspection.
Passed, udopted and approved this 17th
day of June, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluasner movad adop-
tion of thc Resolution. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Dcich, Kluesner, K~cg, Nicholson, Pratt,
Voetberg. Nays--None.
RESOLUTION NO. 194-91
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa, has given ils preliminary
approval on the proposed plans, specifi-
cations, and form of conl~act and placed
same on file in thc office of the City Clerk
for public inspection of the Rcmodallng of
the Dubuque County Emergency Operations
Center.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the lSth day of July, 1991, a
public hearing will be held at 7:30 p.m. in
the Public Library Auditmlum at which time
interes~i persons may appear and be heard
for or against the proposed pinns and
specifications, form of contract and cost of
said improvement, and tho City Clerk be and
is beroby directed to cause a no6ee of time
and place of such hearing to be published in
243
Regular Session, June 17, 1991
a coWsl~pcr ha~ing geec-~l circulation in the
City of Dubuque, Iowa, which notice shall
be not lass than four days nor mom than
tweaty days prior ~o the day fixed for its
conside:cmion. At the hcarlng, any interested
person may appear and file objactions to the
proposed plans, specifications, contract, or
estimated cost of the improvemanC
Passed, adopted and approved this 17th
day of Suco, 1991.
lames E. Brady
Mayor
Attest:
Mary A, Davis
City Clerk
Council Member Klunsner moved adop-
tion of the Resolugon. Seconded by Council
Member Vcotberg. Canled by the following
vote: Ye&s--Mayor Brady, Coundl Members
Deinh, Kluascor, F~ing, Ninbelsoa, Pratt,
¥cotbera. Nays~None.
RESOLUTION NO. 19S-91
ORDERING BIDS
NOW, THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Remodeling of thc Dubuque
County Emergency Operations Center is
hereby ordered to be advertised for bids for
BE IT FURTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in an amount which shall
conform to the pro~isions of the notice to
bidders hereby approved as a par~ of the
plans and specifications heretofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the conslrucfion of the
improvcmant~ herein provided, to be pub-
lished in a newspaper having general clseu-
lation in the City of Dubuque, Iowa, which
notice shall cot be less than four days nor
mom than twenty days prior to the receipt of
said bids at 2:00 p.m. on the 3rd day of Jaiy,
1991. Bids shall be opened and read by the
City Clerk at said tin~ and will be submitted
to the Council for final action at 7:30 p.m.
on the 15th day of July, 1991.
Passed, adopted and approved this 17th
day of June, 1991.
Jarn~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Riuesncr moved adop-
tion of the Resolution. Seconded by Council
Member Vcoth~g. Canied by tho following
vote: Yues--lVlayor Brady, Council Members
Doiuh, Kluasnns, Krlng, Nichohoa, Pratt,
Voctberg. Nays~Noco.
Communication of City Manager submit-
ting bidding doonmants providing for the
construction of Dubuque Corporate Center
Office Park and Pennsylvania Avenue
Roadway and Utility Improvements,
prasented and l~ad. Council Member
Vcotberg moved that die communication be
received and filed. Seconded by Council
Member Nichol~on. Carried by the following
vote: Yens--Mayor Brady, Coundl Members
Deich, Riuescor, Kring, Ninholson, Pratt,
Voetberg. Nays--None.
RESOLUTION NO. 196-91
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the pwposed plans, specifications,
form of conlract and estimated cost for the
Dubuque Corporate Center Office Park and
Pennsylvania Avenue Roadway and Utility
Improvements, in the estimated amount of
$1,621,454.31, are hereby approved and
ordered filed in thc office of the City Clerk
for public inspection.
Passed, adopted and approved ~his 17th
day of June, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Vontberg moved adop-
tion of the Resolution. Seconded by Council
Member Ninholson. Can-led by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Riuasner, Kring, Nicholson, Pratt,
Voetberg. Nays--None.
RESOLUTION NO. 197-91
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, spacifi-
cations, and form of contract and placed
sco~ on file in die office of the City Clerk
for public inspection of the Dubuque
Regular Session,
Coqaomte Center Office Park and
Pennsylvania Avenan Roadway and Utility
Improvements.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 15th day of July, 1991, a
public hearing will be held at 7:30 p.m. in
the Public Library Auditorium a~ which time
interested persons may appear and be heard
for or against the proposed plans and
specifications, form of conlract and cost of
said improvement, and the City Clerk be and
is hereby directed to caase a notice of time
and place of such hearing to be published in
a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall
be not less than fear days nor more than
twenty days Inior to the day fixed for its
conaide~ation. At the bearing, any interested
person may appear and file objections to the
proposed plans, specifications, contrant, or
esgreated cost of the irnprovemenL
Passed, adopted and approved this 17di
day of June, 1991.
Attest:
Mary A. Davis
City Clerk
Jan~s E. Brady
Mayor
Council Member Vontberg moved adop-
tion of thc Rasolution. Seconded by Council
Member Nicholsen. Carried by the following
vote: Yeas---Mayor Brady, Council Members
Deich, Klunscor, Kring, Nicholson, Pratt,
Vcotberg. Nays--Noco.
RESOLUTION NO. 198-91
RESOLUTION OF NECESSITY
Whereas, proposed plans have been duly
prepared and approved by the City Council
of the City of Dubuque and are now on file
in the office of City Clclk showing among
oiher things die plans, specifications, form of
contract, estimated cost and pruliminmy plat
and schedule showing the amount proposed
to be assessed against each lo/ and the
valuation of each lot as ~ed by the City
Council, for the Dubuque Corporate Center
Office Park and Pennsylvania Avenue
Ro,sdway and Utility Improvements.
NOW, THEREFORE, BE IT BESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That thc City Council deems it advisable
and necessary for the public welfare to make
June 17, 1991 244
die h~uln mentioned improvemsnts, and
uniass property ownars at thc time of the
finsl coosiddration of this proposed
Rnsolution have on file with die City Clerk
objections to the Resolution of Necessity,
they shall be deemed to have waived all
objections porteihing to the rellnimity of the
procecdiag and the legality of using the
special assessment procedure.
Said invprovemsnts shall be cons~ucted
and done in accordance with the plans and
specifications which have been spproved by
the City Council and now on file with the
City Cleric That the cost and expanse of
making such improvement will be assessed
partially or totally against privately owned
property lying with the assessment limits,
and in an amount not to exceed that
provided by law, and in propo~ion to the
special benefits confenvA.
The portion of thc cost which shell be
borne by the City will be paid from General
Obligation Bonds and Local Option Sales
Tax, and special assessment bunds may be
issued in anticipation of defened payments
of assessments when a contract has been
performed and accepted, and the proceeds
tbe~cof used to pay the conUactor.
Thc abovc Resolution was introduced,
approved and ordered placed on file with the
City Cinrk ~his 17th day of Juna, 1991.
Approved and placed on file for final
action.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Membec Voetberg moved adop-
tion of the Resolution. Sexonddd by Council
Member Nicholson. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Kluesucr, Kfiag, Nicholson, Pratt,
Voetbexg. Nays--None.
RESOLUTION NO. 199-91
FIXING DATE OF HEARING ON
RESOLUTION OF NECESSITY
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval on the proposed plans, spucifi-
cations and f~n of onntraot and placed
sco~ on file in the office of the City Clerk
for public inspection, for the Dubuque
Corporate Center Office Park and
Pennsylvania Avenue Roadway and Udiity
lmprovcrconts; and
245 Regular Session, June 17, 1991
Whereas, the I~ Resolution of
Necessity for said improvement has been
intmdunsd and is now on file in the City
Clerk's office for public inspection.
NOW, Ti~REFORE, BE IT RESOLVED
BY TI~ CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That on the 15th day of July, 1991, n
public healing will bo held at 7:30 o'clock
p.m. in the Public Librmy Auditorium in the
City of Dubuque at which tim~ the owners
of prapetty subject to assessn~nt for tho
proposed improvement or any other person
having an interest in the matter may appear
and bo hoard for or against the making of
the improven~nt, the boundaries of the dis-
trict, the cost, tho nssnssr~nt against any lot,
or the final adoption of n Resolution of
Necessity and the City Cierk be and is
hereby authorized and directed to cause a
notice of time and place of such heating to
bo published in a newspaper having generai
circulation in the City of Dubuque, lowa,
which notice shall be published once nsch
week for two consecutive weeks, the first
publication of which shall bo not less than
ton days prior to the day fixed for its
consideration. Unless property owners at the
time of the final consideration of this
proposed Resolution have on file with the
City Clerk objections to the Resolution of
Necessity they shall bo deemed to have
waived ail obje0tions thereto.
Passed, edopted and approved this 17th
day of June, 1991.
lam~s E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Vcetberg moved adop-
tion of the Resolution, Seconded by Council
Member Nicholson. Carried by the following
vote: Ye~-~Mayor Bredy, Council Members
Daich, Kluesner, Krieg, Nicholson, Pratt,
Vcotbotg. Nays--None.
RESOLUTION NO. 200-91
NOW, TI~REFORE~ BE IT RESOLVED
BY TI~ CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the attached sheets, 1 to 2 inclusive,
are hereby deternfined to bo the schedule of
proposed assessments for the Dubuque
Corporate Center Office Park and
Pennsylvania Avenoo Roadway and Utility
Improvements and the valuations set out
herein are hereby approved.
Passed, approved and adopted this 17th
day of June, 1991.
Jan'~s E. Brady
Mayor
Attest:
Ma~y A. Davis
City Clerk
Council Member Voetborg moved adop-
tion of the Rasolution, Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Daich, Kluesncr, Kficll, Ninhoisott Pratt,
Voetborg. Nays--None.
Commanication of City Manager submit-
ting documents providing for the bidding
pro~ss for the Eagle Point Water Tank
Projeot, presented and read. Council Member
Voetborg moved that the communication bo
received and filed, Seconded by Council
Member Pratt, Canled by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Klucsner, Krieg, Nicholson, Pra~,
Voetborg. Nays---None,
RESOLUTION NO.201-91
PRFLIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Whamas, the proposed plans, specifica-
lions and form of contract for the cleaning,
repairing and painting of thc 500 MG Eagle
Point water storage tank - Dubuque, Iowa, in
thu estimated amount of $251,000 have been
prepared by AEC Englncers and Designers
undar the direction of the City.
NOW, THERF~ORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The proposed plans,
speclficatiom, and form of contract are
approved and ordeaed filed in the office of
the City Clerk for public impecfion.
Passed, approved and adopted this 17th
day of lune, 1991.
James E, Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Counofl Membe~ Vontborg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Can/ed by the following vine:
Yeas-~Mayor Brady, Council Members
Daich, Kluesner, Krieg, Niobolson, Pratt,
Voetborg. Nays--None.
Regular Session,
RESOLUTION NO.202-91
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Wbexens, the City Council of the City of
Duboque, low~, has given its preliminary
approvai of fha proposed plans, spaulfica-
lions, and form of contsect and pls~ul same
on file in the office of the City Clerk for
public inape~ion of tho cleaning, repahimt,
and painting of the 500 MO Eagle Point
water storage tank - Dubuque, lowa.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section L That on the 19th day of
August, 1991, a public hearing will bo held
at 7:30 p.m. in the Public Library Audi-
torium at which time interested persons may
appear and bo heard for or against the
proposed plans and specifications, form of
conmmt and cost of said improvement, and
the City Clerk bo and is hereby di~cted to
cansu a notice of time and place of such
hearing to bo published in a newspaper
having general circulation in the City of
Dubuque, lowa, which notice shall be not
less than fo~ days nor more than twenty
days Ixior to the day fixed for its
siderelion. At thc heating, any interested
person may appear and file objections to the
proposed plans, specifications, foou of
contract, or estimated cost of thu
improvement,
Passed, approved and adopted this 17th
day of June, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dulch, K[uesner, Kriag, Niobulsoa, ~
Voetborg. Nays---None,
RESOLUTION NO,203-91
ORDERING BIDS
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sullen 1. That the cleaning, repahing,
and painting of the 500 MO Eagle P~nt
water storage tank - Dubuque, Iowa, is
June 17, 1991 246
bon~by ordered to bo advertised for bids for
Section 2. That the amount oftbo security
to accompany each hid sboli bo in an amount
which shah conform to tbo provisions of the
notice to bidders hereby approved ~s part of
the plans and speclflcatiom heretofore
ndop~d.
Section 3. That the City Clerk is hereby
directed to edveflise for bids for thn
construction of the tmprovemants herein
provided, to bo publlsbod in a newspaper
having genond ulmulation in the City of
Dubuque, Iowa, which notice shall not bo
less than fo~ days nor more than twenty
days l~ior to the receipt of said bids at 2:00
p.m. on the 30th day of July, 1991. Bids
shall bo opened and reed by the City Clerk
at said time and will bo submitted to the
Council for final action at 7:30 p.m. on the
19th day of August, 1991.
P,used, approved and adopted this 17th
day of June, 1991.
Jaraes E. Brady
Mayor
Attest:
Mery A. Davis
City Clerk
Coanoil Member Voetborg moved adop-
tion of the Resolution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dulch, Kluemer, Kriag, Nicholson, Pratt,
Veetbo~. Nays---None.
Petition of Attorney Gary Norby, on
bolndf of Woodland Heights, a general
partnership, requesting approval of final plat
for Woodland Heights Subdivision; Com-
muulcation of Zoning Commission advising
of their reonnsideration on this matter and
advising they have approved the Resolution;
Communication of City Manager requesting
Council to approve plat with development
criteria; Communication of At~ruey Gary
Nofoy requesting Council to approve
subdivision plat without any requirement for
a smety bond or other pr~fommnce
guarantee, presented and read. Couecil
Member Klucsncr moved that the petition
and communications be received and filed.
Seconded by Council Member Pratt Canied
by the following vote: Ye.m.--Couueil
Members Deich, Kluesner, Ya'iag, Ninhoison,
Pratt, Voctberg. Nays--Mayor Brady.
Jim Straha, 9795 Military Road, requested
Council to approve Resolution and waive the
security requirements.
247 Regular Session, June 17, 1991
RESOLUTION NO. 204-91
A RESOLUTION APPROVING THE
FINAL PLAT OF WOODLAND
HEIGHTS SUBDIVISION IN
DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the
City Clerk a final plat of Woodland Heights
Subdivision in Dubuque County, Iowa; and
Whereas, up~ said final plat there
appears a re.way easement to he known as
Woodland Heights Road, together with
public utility easements which easements the
owners, by said plat, have dedicated to the
public forever, and
Whereas, the property owners requested,
and the Dubuque City Zoning Commission
agread that Woodland Heights Road should
he cons~ucted to development standards
noted in Section I of this Resolmiun; and
Where., said final plal has be~n
examined by the Dubuqun Clly Zoning
Commission and had its approval endorsed
thereon with thc understsmiing that there will
he no variation from said stsmiards noted in
Section I below; and
Whereas, said final plat has been
examined by the City Council and they find
that the same conforms to the statutes and
ordinances relating thereto, except that the
road grades have not been established or
paving installed.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the final plat of
Woodland Heights Subdivision in Dubuque
County be, and thc san~ is, hereby approved
and thc Mayor and City Cierk are hereby
authorized and directed to endorse the
approval of the City of Dubuque, lowa, upon
said final plat, provided the owners of said
property herein named execute their written
acceptance hereto attached agreeing:
(a) Woodland Heights Road, as shown
on said plat, shall he paved and constructed
in accordance with Table lC of the Dubuque
County Subdivision Ordinance. Said inivato
roadway shall have a maximum grade of
12% and be a minimum of 22 feet in width
with 4-foot shoulders subject, however, to
the following variances which are approved:
(I) Thc maximum ve~ical grade
may exceed 12% up to a maximum of 14%
from Station 0+_25 to Station 4_+75 as defined
by roadway plans for Wund~and Heights
Subdivision. The paved roadway surface in
this defined segment shall he 24 feet wide as
an additionsJ safety factor and as a result of
the substandard vertical grade.
(2) The segment of paved, private
roadway surfaec from Station 6_+75 to
Station 10+00 as dufinad by the roadway
pinna for--Wundiund Heights Subdivision
may he 22 feet wide with no shoulders or
established drainage way as ~quhed by the
County Subdivision Ordinance.
(b) Only Lots 1, 6, 7, 8, 9 and 10 he
allowed to have access off Woodland
Heights Road.
(c) The above-mentioned owners of said
subdivision sheil provide tho foregoing
consl~uction and maintenance of all said
improvements at their aclu expense.
(d) The ahove-rr~mionad owners of said
subdivision shall complete the ~onstmction
of said improvements within two (2) years
foilowing approval of th~ final plat by the
City Council of the City of Dubuque, lows.
(u) Thai a homeowner's association be
created with the rnsponsibliRy of maintalding
Woodland Heights Road and any other
commonly owned public utilities.
(0 That the City of Dubuque, Iowa, shell
assume no liability or damages for the da-
sign, cons~uedon, maintenance, or operation
of roads or driveways hi the Woodland
Heights Subdivision.
(g) Approval of this plat does not
constitute approval of uny dedication of land
by the owners for public use.
Se~Bon 2. That in the event the above~
mentioned owners of Woodland Heights
Subdivision shall fall to execum the
acceptunce within 45 days after the date of
this Resolution, the provisions of fids
Resolution shall be null and void and the
approval of the plat shall not he effective.
Section 3. Any variation from these
requirements shall render this Resolution and
approval of the final plat nnil and void.
Passed, approved and adopted fids 17th
day of Juue, 1991.
James E, Brady
Mayor
AUeat:
Mary A. Davis
City Clerk
Regular Session, June 17, 1991
248
ACCEFFANCE OF
RESOLUTION NO. 204-91
Wa, the unde~igmd, Woodland Heights,
a Pannm~hlp, Imvir~ ~ the terms and
conditions of the Resolution No. 204-91 and
heing fareilier with the conditions thereof,
hereby accept fids sar~ and agree to the
conditions i~quised therein.
Dated in Dubuque, Iowa fids 20th day of
Jun~, 1991.
WOODLAND HEIGHTS,
A PARTNERSHIP
By: Is! James L. Snake
By:/si R, W. Claussen
Council Mernher Kluesunr moved adcp-
fion, omitting uny language pertaining to
surety bond and performuncc guarantee, of
the Resolution. Seconded by Council
Member Pratt. Carried by the following vote:
Yea~--Council Members Deich, Kluesner,
Kring, Nicholson, Pratt, Voetberg,
Nays--Mayor Brady.
Communication of City Manager recom-
mending approval of Dunking Agreement
between the City of Dubuque and
Mississippi Belle n and authorizing and
directiag the Mayor to execute on behalf of
the City, presented and ~ Council
Member Vontherg moved that the corn-
mudication he received and filed and
lreconm~ndeilon approved. Seconded by
Council Member Nicholson. Canted by the
following vote: Yeas--Mayer Brady,
Council Members Deioh, Klnesunr, Ksiag,
Nicholson, Pratt, Vunther~, Nays--None.
An Ordinance amending the City of
Duhoqun Code of Ordinances by adding to
Chapter 33 auew Section 33-14 prohibiting
Professional Boxing Elimination Tourea-
meets within the City of Dubuque, with the
first reading only ~iven at the rre. edng of
June 3, 1991, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 48.91
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING TO
CHAPTER 33 A NEW SECTION
33-14 PROHIBITING PRO-
FESS1ONAL BOXING ELIMINA-
TION TOURNAMENTS WITHIN
THE CITY OF DUBUQUE
Whereas, the City Council of the City of
Dubuque, Iowa, finds and declares that
injuries have occun'ed to persons Par-
ficipating in boxing elimination tournaments,
and that thoec injuries have proven to be
serious in unture; and
Whereas, it is the intent of the City
Council of tho City of Dubuque, Iowa, to
protect the health, welfare, and safety of
persons within the City of Dubuque.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Seciion 1. The City of Dubuque Code of
Ordinances is hereby amended by adding
the/em the following new Section 33-14:
"Section 33-14. Professional boxing
(a) For purpnsas of fids section, the
following terms shall have the following
meanings:
(1) "Professional boxing" means a
boxing contest or exhibition, open to the
public for which uny principal or contestant
is paid.
(2) "Elimination tournament'* means
a boxing contest or exhibition in which con-
box one another, two (2) at a time,
with one (1) contestant being eliminated
from the tournament. This elimination con-
finuns, with winners from the various bouts
competing until only one (1) contestant
remains undefeated in the weight division.
(b) No person shall promote, participate
in, or allow professional boxing that is part
of un elimination tournament within the City
of Dubuque."
Section 2. This Ordinance shall take
effect immediately apon pablicafion.
Passed, approved and adopted this l?th
day of Juna, 1991.
Jan~s E. Brady
Mayor
ATFEST:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald this 21st day of June, 1991.
Mary A. Davis
City Clerk It 6/21
Council Member Voetherg moved that
fids he considered the secomi and third
readings and that the rules be suspended
249
Regular Session, June 17, 1991
Council Mamber Pra~ Canied by the
following vote: Yeas---Mayer Brady,
Council Members Deich, Kluesuer, l~ing,
Nicholson, Prat~ Vcetherg. Nays--None.
Ju~ 14, 1991
TO: The Honorable Mayor and ,City
Council Mambos
FROM: Bany A. Lindahl, Co~oretion
Couusd
SUBJECT: Negative Option Ordinance
Enclosed is a copy of thc Negative Option
O~dinance which has be~n modified follow-
lng the dlsunssion at the June 10th work-
session and the comments made by Attorney
Jim Heckmann on bchnlf of ~be Book-of-the-
Month Club and other similar organizations.
A definition of"services" has been added
to specifically exclude the seeding or
providing of goods.
Earlier langungc referring to a "cun-
tracmnl" plan or arrsngcm~nt has b~n
changed to "mgafive option billing" which
moro accurately describes the object of thc
Or&hanna. Thc %on~actunl" plan language
would have mede the Ordinance applicable
to Bunk-of-the-Month Club, which was ant
the intent of the Ordinance. Bunk-of-the~
Month Club mambos do in fact have a
unnUactuul arrangement with Book-of-the-
Month Club by which it sends books to them
unless they insm~ct the seller not to send the
books. However, that arrangcmant is pur-
sunnt te an exprese agreement betwean the
mcmhar and the club.
Language has also been added to make it
clear that the Ordinance only applies to
services "not actually ordered or requested
by the xccil~ents.' This again clearly
excludes Book-of-the-Month Club plans
because the books arc ordeal or requested
by the recillcnt pursuant to thc ngreement
with the Cinb.
Finally, the "subscriber" has been replaced
by "xecil~ent.' We concluded that "sub-
scriber" was too narrow a terns, and "recip-
ient' is tho term used by other legislation,
including the Iowa statute,
This version of the proposed Ordinance is
aeceptable to the Lngal Dq~-Im~nt, the
Cable Admthislrator, and Mr. Heckmaun's
clients. We believe that it fnlffils thc original
intention of the Ordinance and that anne of
the changes di~nlshes in uny way the
impact of the Ordinance.
Council Member Vc~tberg moved that the
communication be received and filed and
make a matter of reconl. Seconded by
Council Member Pralt Cnnied by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesner, Voing,
Nicholson, Pratt, Voetbcrg. Nays--None.
W. Kenneth Ganrh~t
City Manager
City of Dubuque
Dubuque, Iowa
RE: Proposed Ordinance
Negative-option Plans
Dear Mr. Gearhart:
Regarding
The purpose of this letter is two-fold.
First, may it confirm that Tale-
Communications, Inc. announced that it had
adopted nationwide a traditional pueitive-
option marketing plan for the previously
announced ENCORE premium service.
Under this plan, only customers who have
affmnativcly subscribed to ENCORE will be
charged for the service. In sho~ ENCORE
will be Uexted as any other optional pay
service and, our ceston~rs will not be
charged for it unless they request it. As with
other services, this communication runy lake
place by phone, in writing or by a visit to
our local office.
The marketing plan on a positive-option
basis is described in the enclosed lm~SS
rele~e. Until thc close of business, July 20,
1991, TCI customers may affirmatively order
ENCORE and still receive the service at the
intreducto~y price of $ ] .00 per month if they
maintain their June 20th level of pmmium
cable service, if any. Customers ordering by
July 20th will pay the introductory price
through July 31, 1992, assuming they retain
their level of premium cable service, if any,
dmlng that period. After July 20th, or in the
event that the inval of service is not nu~n-
~ined es described above, the unstomcrs will
be charged service at regular rates as
described in thc press ~eicase.
Viewing this positivc-optioa plan on a
general basis, I think R is best described as
follows. We have simply shifted thc market-
ing activity of ENCORE and extended it into
July. The June preview period for ENCORE
at no charge will continue es unnunnced, at
least through June. Thc introductory price
continues to be tied to tbe concept that the
customers aned to maintain services us of a
Regular Session, June 17, 1991
250
~nnln da~ The "rate card" that was
ananunced antller was maintained. Tho
obvious change, which is of most interest to
you, is that we ere offering ENCORE on a
tradttioanl, positive option basis.
Further, throngh ~cat efforts, TCI has
tekan steps nlreed at essmlng that no
castornco will recnlvc a char~n for
ENCORE on thc Jnly blli they will receive.
Indeed, there will ha no separate line item
for the optional ENCORE service until a
customer requests it. We ere anticipating
puUing a "cbe~k-off' box on the bill for
thueo who want it.
It is ulcer that our voluntary actiens have
addressed thc ccaucems exp~ssed in the May
29th memorandum sent to the Honorable
Mayor and Members of the City Cunndl.
We tend m disagree with the conclusions
that were made mgunllng the lawfulness of
the activity.
We ec~nluly believe there are grave
issues with ~espect to the proposed O~ii-
uence. As I understand it, ce-t~nln special
interest groups within the city ~
appreaching the City claiming that the
Or~unnce would be overly bro~ and would
affect their businesses. Culling down the
Ordinance to specifically target cable would
be highly questioanble. At~mpting to, in
effect, impose additiunnl conditions upon thc
cable company under the rubric of consumer
protectionism is a position tha~ would likely
ultimately not prevail.
We also coustrue the proposed Ordinance
to only affect p~grsmn~ng which is offered
on an "a la ca~e" basis and which has not
been offered to our cusWmcrs previously.
Indeed, taking a hioad reading of thc
Ordinance. nan may argue that it wonld
preclude a cable company from adding ser-
vices to its basic or expanded basic tim
without the affirmative consent of the
customers. This prohibition is, as you know,
in direct conflict with the applicable law and
the Cable Act, ianluding Sections 623 and
624 thc~unf.
It is our hope that the voluntary actions
~kcn by the local TCI affilia~ in Dubuque
are sufficient before the Council to defer any
final action on thc proposed Ordinance,
Certainly, these sctions continue to evidence
thc good faith of thc Company ("TCI of
lowa, Inc.") and thc commRment it hss nm~
to communities throughout the country,
including the City of Dubuque.
To thc degree that there is a final
approval of the Onlinance, may this service
es the fc~nal objection of thc Convpuny to
i~s ~ms and the lwocess through which it
was adopted. If the Ordimce was ever
attempted to be enforced, we would consider
the Ordinance annclity,
We hope that all ~fies will fOCUS upon
thc anw, exciting service wc um bringing to
our castemers. It is undisputed that we are
attempting a novel approach at bringing a
quality, premium sesvice to om' cUStomars at
an unhan~l of l~ice. Wa hope that thc City
of Duboqun will suppest us in these actions.
Finally, duc to unforeseen circumstances,
Dong Nix will be uunble to attend thc meet-
ing tonight. Due to the late date of this
development, it is virtually impossible for
David Robinson, our State Manager, to travel
to Dubuque. We apologise in advance for
our absence. We ask that our letter be
entelcd as part of the record. We are
available to answer questions in the future
and reserve thc right to further comment on
any final action taken by the City.
If you have any questions or corrununts,
please de ant hesitate to contact me.
Very truly yours,
TCI of Iowa, Inc.
Termi E. Davis
Vice President and Counsel
cc: David Robinson
Linde Williams
Men'ill Crawford
TED/nmg
Council Member Voetberg moved that the
communication be xeceived and filed and
make a matte~ of ~/;.urd. Seconded by
Council Member Pratt. Carded by thn
following vote: yens---Mayor Brady,
Council Members Deich, Kluesuer, Kring,
Nicholson, Pratt, Vcetherg. Nays--None.
Attorney Jim Hcckmann, 216 CyCam
Plaza, requested adoption as amanded and
add those suggestions ha had submitted.
Council Member Kricg moved that there
be an arncndmant to Section 31-132. Sec-
ended by Council Member Pram Canied by
the following vote: Yeas--Mayor Brsdy,
Council Members Deich. Kluesncr. Kfieg,
Nichoisou, Prate Nays---Coancll Member
Voetberg.
251
Regular Session, June 17, 1991
(OI~ICIAL PUBLICATION)
ORDINANCE NO. 49-91
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING A NEW
ARTICLE IX TO CHAPTER 31,
PROHIBITING NEGATIVE OPTION
PLANS IN THE CITY OF
DUBUQUE, IOWA
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
SecBon 1. Chapter 31 of the Code of
Ord/nances of the City of Dubuque, Iowa, is
hereby amended by adopting the following
new A.,tichi IX:
"ARTICLE IX. NEGATIVE OPTION
BILLING FOR SERVICES
Sec. 31-131. Definitions.
(u) "Negative option billing for setvices"
is when a snlle~ proposes to send or provide
services not actually ordered or requested by
the recipients, orally or in writing, and the
recipients receive and am hilled for services
as proposed unless by u date or time
SlXx~iBed by the seller the recipients instruct
the seller not to send or pmvida the
identified services.
(b) "Recipient" is any person who
receives services from u seller of such
(o) "Seller" means any pomon engaged in
the sale of services in the City of Dubuque,
Iowa.
(d) "Services" shall not include thc
sending or providing of goods.
Sec. 31-132. Negative option billing for
services prohibited.
The usu by sellers of "negative option
billing for services" is prohibited in die City
of Dubuque, low~. Notwithstanding the fore-
going, however, nothing herdin shall prohibit
the use of Negative Option Plans as defined
and mgnlated by Federal Trade Conu~ssion
rules and concerning use of Negative Option
Plans by sellurs in cemmcrce.
Sec. $1-133. Violatinns; penalties.
If any pe~son engnges in thc use of nega-
tive option billing for services, said person
shall he punished as provided in Section 1-g
of this Code. Each billing of an individual
recipient pursuant to any negative option
billing shall be considered a separate
violation of this ?micle~"
Section 2. This Ordinance shall take
effect immediately upon publlcadon.
Passed, approved and adopted this 17th
day of lunc, 1991.
James E. Brady
Mayor
Attest:
Mmy A, Davis
City Clerk
Published officinHy in the Telegraph
Heraldthis 21st day of June, 1991.
Mary A. Davis
City Clerk It 6/21
Council Member Vootberg moved final
adoption of the Ordinance, as ansended.
Seconded by Council Member Pratt. Canied
by the following vote: Yeas--Mayor Brady,
Council Members Deich, Kinesncr, Kring,
Nicholson, Pratt, Vcether~. Nays--None,
Council recessed at 9:09 p.m.
Council reconvonod at 9:24 p.m.
Communication of City Manager submit-
ting an Ordinance providing for a mducllon
in the posted speed lln~t on U.S. Highway
20 in the vicinity of the Northwest Arterial,
presented and ~cad. Council Member
Klansner moved that the communication he
v-~ceived and filed. Seconded by Council
Member Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Kfing, Nicholson, Pratt,
Voetburg. Nays--None.
(OffICIAL PUBLICATION)
ORDINANCE NO. $0-91
AN ORDINANCE AMENDING THE
CITY OF DUBUQUE CODE OF
ORDINANCES BY REVISING
SUBSECTION (C) OF SECTION
32-231 THEREOF PROVIDING FOR
THE CHANGE OF SPEED LIMITS
ON THE WESTERLY END OF
DODGE S~REET I~ROM FIFTY-
FIVE (55) MILES PER HOUR TO
FIFTY (50) MILES PER HOUR
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Regular Session, June 17, 1991
252
Se~ion 1, That the Coda of the City of
Dubuque, Iowa, be sm~ndad by dalellug
Dodge Sunct (U.S. Highway 20) from
Sul~ection (c) of Section 32-231 thereof, as
foBows:
"Sec. 25-220. Limits gencndly.
(c)
Thiny-Hve 05) Miles Per Hour
Dodge St~et, Lonust SUe. et to Devon
Drive.
Fo~y-Five (45) Miles Per Hour
Dodge S~cet (U.S. Highway 20), Devon
Drive m a point one thousand (1,000) feet
west of Century Ddvu.
Fifty-Five (55) Miles Pet Hoer
Dodge Su~t (U,S. Hillhway 20), one
thousand (1,000) fcet west of Century
Drive to City limits."
SeeBon 2. That the Code of Ordinances
of the city of Dubuque, Iowa, be amended
by adding Dodge SUe. et (U.S. Highway 20)
to Subsection (c) of Section 32-231 ~hemof,
as follows:
"Sec. 25-220. Limits genetally.
Thirty-Five (35) Miles Per Hour
Dodge SUcet (U.S. Highway 20), Locust
St~ct to a point cloven hundred (1100)
feet west of Devon Drive.
Forty-Five (45) Miles Per Hour
Dodge Stxont (U.S. Highway 20), from a
point eleven hundred (1100) feet west of
Devon Drive to a point five hundred
(500) feet east of C~scent Ridge Road,
Fifi7 (~) Miles Per Hour
Dodge Street (U.S. Highway 20), from a
point five huod~d (500) feet east of
Cre~ceot Ridge Road to the westerly city
Passed, approved and adopted this 17th
day of June, 1991.
lames E. Brady
Mayor
Atmat:
Mary A. l~vis
City Clerk
Published offidally in the Telegraph
Herald this 21st day of Juno, 1991.
Ma~y .~ Davis
City Clerk It 6/21
Council Member Kluesnur moved that this
be cemiderod the tint mtdlng of the
Ordinance and that the seqttiremont that a
~msidesed and voted
on for passage at two Coun~l mcetings prior
to the meeting at which it is to he finally
adopted be suspended and funber moved
final adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by the fei=
lowinll vote: Yces--Mayer Brady, Council
Members Dutch, Kl~sner, Kflng, Ninhoison,
Pratt, Vontberll. Nays---Noce.
Communication of City Manager ir. quest-
ing execution of an Agreement for RISE
fuading with the Iowa Department of Trans-
presented and read. Council
Member Vontberg moved that the commtmi-
cation be received and flied. Sexondad by
Council Member Ntcholson. Canded by the
following vote: Yces--Mayer Brady,
Council Mcmbers Deich, Klncsner, Kring,
Nicholson, Pratt, Vcetherg. NayswNone.
RESOLUTION NO. 205-91
RESOLUTION AUTHORIZING THE
EXECUTION OF AN AGREEMENT
FOR REVITALIZE IOWA'S SOUND
ECONOMY (RISE) FUNDING WITH
THE IOWA DEPARTMENT OF
TRANSPORTATION
Whereas, the Ruvitalize Iowa's Sound
Economy (RISE) program has been created
by the Iowa Dcpem~ot of Transportation to
assist in the economic dcvnlopmcet efforLs of
local jurisdictions; and
Whereas, thc City of Dubuque, Iowa,
aclieves that through the creation and
development of the Dubuque Corporat~
Cunter, permanent employment opportuditles
for its cltizcm7 will he eteated and new and
expanding businesses such as Wm. C. Brown
Publishers will he e~onreged to locate thcis
operations within said office park; and
Wbereas, the City of Dubuque, Iowa, has
been awan~d a $91L836 grant from thc
RISE program by tho Iowa Departmoot of
254
253
Regular Session, June 17, 1991
Transl~'tetiou for the compl~tinn of the
prc~ ecouom~c davelopr~nt project; and
Whereas, a RISE Funding Agruemeat is
to bo executed between the Iowa l~nt
of Trens~ and the City of Dubuque,
Iowa~ a form of which is boseto attanbed and
by this refarence made a part hereof.
NOW, THEREFORE, BE IT RESOLVED
BY Ti~ CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
S~tloa I. That the Mayor and City Clerk
bo and they are hereby authorized and
directed to endorse the acceptance by the
City of Dubuque, lowa~ upon an lows
Depamuent of Transportation Agreement for
RISE Funding in a form substuettaliy similar
to that hereto att~bed.
Section 2. That the City Manager be and
he is hereby authorized to disburse funds in
accordance with the terms and couditions of
said Agreeruent.
Passed, approved and adopted this 17th
day of Juue, 1991.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Vcetberg moved edop-
lion of the Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Year~Mayor Brady, Council Members
Deich, Klueaner, Kdeg, Nicholson, Prat~
Voutberg. Nays.~None.
Communication of City Manager submit-
ting Collective Bargaining Agreements
between the City of Dubuque and the
General Drivers and Helpe~ Union, Local
#421; the Amslganmted Transit Union, Local
#329; the Dubuque Policemou's Protective
Assodi~on; and the International Union of
Operating Engineers, Locai #758; and the
Fiscal Year 1992 Wage Plan for Non-
Bargaining Unit Employees and communica-
tion of City Manager ruquesting approval to
provide a 5 percent salary edjustm~nt to
employees covered by the rdrcfighters'
Asseciation even though an agreement has
not been settled at this time, p~esented and
xead. Council Member Vocther§ moved that
the communications be received and filed
and request approved. Seconded by Council
Member Nicholson. Catrled by the foHowlag
vote: Yeas---Mayor Bredy, Council Members
Deich, Klucsuer, Krleg, Nicholson, Pratt,
Voethexg. Nays---None.
RESOLUTION NO. 206-91
ACCEPTING THE AGREEMENT
BETWEEN THE CITY OF
DUBUQUE, IOWA, AND THE
GENERAL DRIVERS AND
HELPERS UNION, LOCAL #421,
AND AUTHORIZING THE MAYOR
TO SION THE AGREEMENT
Wboreas, the Sixty-Fifth General
Assembly edop~ed the Public Employment
Relations Act, Chapter 20, Code of low~
and
Where.~s, the City of Dubuque is a public
employer within the meaning of Section 3(1)
of the Public Employment Relations Act; and
Wbo~s, the General Drive~ and Haipe~
Union, Local #421, is an employee o~anlea-
lion within the meaning of Section 3(4) of
the Public Employment Relations Act; and
Wbereas, the Gencrai Dfivars and Helpers
Union, Local #421, submitted a request to
bargain collectively on behalf of the
employees within its representation; and
Wborea~, bargaining between the panics
has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the torrm of the agree-
ment be accepted and the Mayor authorized
and directed to sign the oolle~tive bargaining
agreement.
Passed, approved and adopted this 17th
day of Juue, 1991.
James E. Brady
Mayor
Attest:
Mary A; Davis
city Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays---None.
RESOLUTION NO. 207-91
ACCEPTING THE AGREEMENT
BETWEEN THE CITY OF DUBUQUE,
IOWA, AND THE AMALGAMATED
TRANSIT UNION, LOCAL #329, AND
ALrrHORIZING THE MAYOR TO
SION THE AGREEMENT
Regular Session, June 17, 1991
Whereas, the Sixty-Fifth Oenerai
Assembly adopted the Public Employment
Relations Ac~ Cbeptzr 20, ~
and
Wbexues, the City of Dubuque is a public
employer within tho meaning of Section 3(1)
of the Public Employment Relations Ac~ sad
Whereas, the Amalgamated Transit Ur~ou,
Local #329, is an employee organization
within the n~uein~ of Sectiou 3(4) of the
Public Employment Relations Act; and
Whe~enc, the Arrmlgamatnd Transit Union,
Local #329, subraitted a request to bargain
collectively ou behalf of the employees
within its r~resenmion; and
Whereas, har~aining between the prates
has occun-ed and an ag~ement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the toms of the ag~e-
ment be accepted and the Mayor authorized
and directed to sign the collective bargaining
agreement
Passed, approved and adopted this 17th
day of Juue, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetber~ moved adop-
tion of the Resolution. Seconded by Council
Membe~ Nicholson. Carried by the following
vote: Yeas---Mayor Bredy, Council Members
Dcich, Klncsuer, Krleg, Nicholsou, Pratt,
Voutbe~g. Nays---None.
RESOLUTION NO. 208-91
ACCEPTING THE AGREEMENT
BETWEBN THE CITY OF
DUBUQUE, IOWA, AND THE
DUBUQUE POLICEMEN'S
PROTECTIVE ASSOCIATION, AND
AUTHORIZING THE MAYOR TO
SION THE AGREEMENT
Whereas, the Sixty-Fifth General
Assembly edop~ed the Public Employment
Relations Act, Chapter 20, ~
and
Wbe~es, the City of Dubuque is a public
Employer within the meaning of Section 3(1)
of the PubUc Employment Relations Act; and
Whereas, the Dubuque Policemen's
Association, is an employee
organization within the meaning of Section
3(4) of the Public Employment Rdalious
Act; and
Whereas, thc Dubuque Pulicemen's
Protective Associatiou, submitted a requcet
to bargain ouilnctivaiy on behalf of the
employues within ils represenlatlou; and
Whereas, hargaiaing botwuen the parties
Ilas occo~ and an agreement has been
concluded.
NOW, THERNNORB, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the terms of the agree-
ment bo accepted and the Mayor authorized
and directed to sign the collactivc bargaining
ag~ment.
Passed, approvnd and adopted this l?th
day of ~ouc~ 1991.
~am~s E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Council
Member Nicholson. Cartled by the following
vote: yes$~Mayor Bredy, Council Members
Duich, Klaesuer, IOiag, Nieholaon, Pratt,
Voetberg. Nays---None.
RESOLUTION NO. 209-91
ACCEPTING THE AGREEMENT
BETWEEN THE CITY OF
DUBUQUE, IOWA, AND THE
INTERNATIONAL UNION OF
OPERATING ENGINI~RS, LOCAL
#758, AND AUTHORIZING THE
MAYOR TO SIGN THE AGREE-
MENT
Whereas, the Sixty-Fifth General
Assembly edop~ed the Public Employment
Relations Act, Chapter 20, .Code of lowa~
and
Whereas, the City of Dubuque is a public
employer within the meaning of Section 3(1)
of the Public Employment Relations Act; and
255 Regular Session, June 17, 1991
Whexcas, the International Union of
Operating Engineers, Local 6'758, is an
emldoyee organization within the meaning of
Section 3(4) of the Public Employment
Relatiom Aeg and
Whereas, the International Union of
Operating Engineers, Local #758, submiUed
a request to hargnin collectively on behalf of
the en~loyeas within its relnc~ntetion: and
Whoav~, bargaining between the Panics
has o~unv, d anti an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the terms of the agree-
ment be aceepted and the Mayor authorized
and directed to sign the collective bargaining
agreemenL
Passed, approved and adopted this 17th
day of June, 1991.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Voetherg moved adop-
llon of the Resolution. Seconded bY Council
Member Nicholson. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Kiuesner, Kriag, Nichulson, Pratt,
Vontherg. Nays--None.
RESOLUTION NO. 210-91
ADOPTING THE COMPENSATION
PACKAGE AND WAGE PLAN FOR
NON-BARGAINING UNIT
EMPLOYEES
Whereas, it has been the practice to
provide a compensation package to non-
bargaining unit employees similar to thc
compensation package to be received by
bargaining unit employees; and
Whereas, the proposed compensation
package and wage plan for non-bargaining
unit employees represents an increase of five
(5) percent across thc board effective July 1,
1991, and four (4) percent across the board
effective July 1, 1992, which is consistent
with the compensation Package to be
recnived by four of the City's bargaining
units.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~inn 1. That the companastion package
and wngc plan for non-hurgalning unit
employees which provides for an increase of
five (5) percent ecmss the board effective
July 1, 1991, and four (4) percent across the
board effective July 1, 1992, is hereby
Passed, approved and adopted lifts 17th
day of June, 1991.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Council Member Vontberg moved adop-
tion of the Re~ointion. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Kieesuer, Kriag, Nichoison, Pratt,
Vontherg. Nays--None.
Communication of City Manager recom-
mending City Council adopt the attached
Resolution authorizing the City Mannger to
submit an apptication for a low interest loan
to the Iowa Department of Natural Resources
in support of Phase I renovations at Ihe
Water Pollution Control Plant, ]m~sented and
~x[. Council Member Kiuesecr moved that
the communication be received and filed.
Seconded by Council Member Pratt. Canied
by rite following vote: Yeas--Mayor Brady,
Council Members Deich, Kinesner, Kriag,
Nicholson, Pratt, Voetbe~g. Nays--None.
RESOLUTION NO. 211-91
AUTHORIZATION TO NAME AN
AUTHORIZED REPRESENTATION
AND TO NILE IOWA STATE RE-
VOLVING FUND LOAN APPLICA-
TION FOR THE DUBUQUE WATER
POLLUTION CONTROL PLANT
Whereas, the Iowa Departn~nt of Natmal
Resources administers a low interest
revolving loan fund for water pollution
control facility construedon; and
Whereas, tho City of Dubuque contem-
plates making application for a low interest
revolving fund loan for capitol costs of
projects at the Water Pollution Control
Facility; and
Whereas, it is required under the rules of
the Iowa State Revolving Fund program that
applications for loans undo' the fund he
Regular Session, June 17, 1991
256
made by June 30th of each calendar yeeg
and
Whereas, it is reqnired unde~ the rules of
the State Revolving Fund prog~ml that an
Authorized Representative be named to
execute lonn appUcatioas and the related
docum~ts on behalf of the City.
NOW, TI~REFORE, BE IT RESOLVED
BY TIH~ CITY COUNCIL OF TtiB CITY
OF DUBUQUE, IOWA:
Se~lo~ 1. That the City Manager he
authorized to prapare an application to the
State of Iowa for low interest lean funding
under the Stele Revolving Fund program by
June 30, 1991.
SecUon 2. That the City M~ager be
designated ~ the Authorized Representative
to execute loan applications and related
documents on behalf of the City.
passed, approved and adopted this 17th
day of June, 1991.
Attest:
Mary A. Davis
City Clerk
Jam~s E. Brady
Mayor
Council Member Klucsanr moved adop-
tion of the Re, solution. Seconded by Council
Member Pratt. Canied by the following vote:
Yeas~Mayor Brady, Council Memhers
Dnich, Kiuesoer, Krieg, Nicholson, Pratt,
Voetberg. Nay~-Noan.
Cormnunlc~ion of City Manager ~lUeSt-
ing change in authorized complement of
Planning Sc~viees Division by decreasing
full-time Associate Planner complement by
.5; by changing from 2.0 to 1.5 full-time
employees and establish new Planning
Tochniclan full-time, (no budget invi~ct),
pgsonted and read. Couanll Member
Kinesecr moved that the communication be
received and filed and request approved.
Seconded by Council Member Vootherg.
Canied by the following vote: Yeas--Mayor
Brady, Conner Members Dnich, Kinesoor,
Kl'ing, Nicholson, Pratt, Voethurg.
Nays--None.
Council Member Voetbe~g moved that
Council Mcmher Dan Nichulson be ap-
pointed to the Convention and Tourism
Bureau to mpinee Council Member Katie
Krieg with Council Membur Mike Pratt
oontinning as alt-mate. Seconded by Council
Member Deich. Canled by the foRowing
vote: Yeas--Mayor Brady, Council Members
Dnich, Kianmer, l(xiag, Nicholson, Pratt,
Voetherg. Nays~None.
RRSOLUTION NO. 212-91
BE IT RESOLVED by the City Council
of the City of Dubuque, Iowa, that the
following having complied with the ~
visions of law relating m the sale of
Clga~t~s within the City of Dubuque,
be granted a permit te sell Cigarettes and
Cigarette Papers within said City.
Adn~-al's Hi-Hat West, Inc., Don-Ron
Meyer, 253 Main Sue, et
Avenue Top, Oldhem, Inc., 1080
University Avenue
Bridge Rasatasant/~3reyhound Lounge,
KAJ, Inc., 31 Locust St~et
Butter~ Bas, Michael J. Sawvell, 1700
Central Avenue
Casey's Oenemi Store, The Monday
Company, 4003 Peru Road
Ca~y's General Store, Angel Investment
Co., 2699 Rockdale Road
Chateau Super Club, Kim Reed, 3750
Central Avenue
Clubhouse, Thc, Wayne J. Kramer, 2364
Washington Street
Coastal Station, Holiday Oil Disc, Ine.,
1685 J. F. K.
Coastal Station, HoBday Oil Dist., Inc.,
1401 Central
Coastal Station, Holiday Oil Disc, Inc.,
605 Dedge Sucet
Coastal Slation, Holiday Oil Disc, Inc.,
400 Rhomberg Avenue
Country Kitchen, CK of Dubuque, Ino.,
3187 University Avenue
Copper Ketde Restaurant, David A. Ungs,
2987 Jaol~son Street
Cro.aer Grocery Co., 731 Rhomherg
Avenue
Creslanes Bowling, Inc., 225 South Main
$~reet
Cue Master Billiards, Ltd., Masvtn Rapp,
900 Centsal Avenue
257
Regular Session, June 17, 1991
Dr. B's Billiards. Elbo. Inc., 2095 Kerper
Blvd.
Dubuque Bowling Lnnns, James R.
Fening, 1029-1/2 Main Street
Dnnac & Son Amoco, Willinm F. Dunne,
2600 Dodge Strent
Eagie Food Center 6+109, Eagle Food
Centers, Inc., 200 South Locust Street
Eagle Food Center #130, Ee~le Food
Centers, Inc., 1800 Elm Stseet
Eagle Food Center #320, Eagie Food
Centers, Inc., 2050 J. F. Kennedy Road
Ecooofoods #471, Nush Finch Company,
3355 J.F.K, Civic
Family Matt, Inc., Family Ma~ lac.,
3201 Central Avenue
Family Beverage Center, Dennis A./Jenn
A. Althans, 3400 Central Avenue
FDL Foods, Inc., Robert Waldert, 701 B.
16th Street
Gene's Main Street Tap, Eugene/
Cathefiac Bcchen, 1007 Main Street
C-iii/gnu's, Book Nook+ Inc., P.O. Box
569
Guetz's, Janscs W. G~e~zinger, 2776
Jackson Stxcet
Gon'~r's Bar, Roger IL Knnde, 1105
University Avenue
Grendview Drug, Chuck Winbke/Cliff
Hart, 486 N. Grandvinw Avenue
Gnmdview Milk House, Delmer O'Hen,
620 S. Grandview Avenue
l~ppy's Place, P.M.S.T., 2323 Rockdnie
Road
Ha~g Drug Company, Hartig Drug
Company, 703 Town Clock Pleze
Hnsfig Drug Company, Hartig Drag
Company, 225 Central Avenue
ILmig Drug Company, Hnrtig Drag
Company, 2255 J. F. Kennedy Road
Hatflg Drug Company, Harfig Drag
Company, 157 Locust St~et
IOCO Spacde Shoppe, Iowa Oil
Company, 3200 Central Avenue
IOCO Speede Shoppe, Iowa Oil
Company, 1998 Jackson Say. et
IOCO SI~ede ShoI~e, Iowa Oil
Con,4)auiy. 1387 Dodge Street
IOCO 8peede Shoppe, Iowa Oil
Company, 1481 Dodge Street
IOCO Speode Sboppe, Iowa Oil
Company, 3250 Dodge Street
IOCO Speede Shoppe, Inwu Oil
Company, 2335 University Avenue
K-Mart, K-Ma~ 2600 Dodge Street
Kennedy's Tap, Marvel Kennedy, 3453
Jackson
Knickers Snioon, Ctmis L. Gerhard, 2186
Central Avenue
KWIK STOP FOOD MART, Rainbo Oil
Company, 2320 Hwy 61, Box 768
KWIK STOP FOOD MART, Rainbo Oil
Company, 2360 Central Avenue
KWIK STOP FOOD MART, Rainbo Oil
Company, 1075 Dodge Street
KWIK STOP FOOD MART, Rainbo Oil
Company, 2297 University Avenue
KWIK STOP FOOD MART, Rainbo Oil
Cotr~nny, 2255 Kerper Blvd.
Lounge, The, Phillip Love, 481 Locust
Street
Lucky "13" Tap, Clara L. Johnson, 385
East 13th Street
McCann's 1OCO, McCann's Service, Inc.,
690 W. Locust Street
Miracle Car Wash, Inc., Ronnld
Pothoff, 3199 University Avenue
Monte Carlo Restaurant, Chnng Lim Gee,
378 Main Street
Murph's South End Tap, Laura A.
Murphy, 55 Locust Street
Neighbor's Tap, Jen-y L. James, 1899
Rockdale Road
Oky Doky #1, JET, Ltd., 250 West 1st
Street
Regular Session, June 17, 1991
258
Oky Dokb' ~6, TFM Co., 1256 Iowa
Sweet
Oky Doky ~, Bo~ Bseithach, 51 West
32nd Struet
Oky D~ky #12, Jena. Inc., 1101
Rhomberg Avenue
Oky Doky #14, Kristinn L Chapman,
1050 University Avenue
Oky Doky #21, Tums-Miss Investments,
Inc., 2010 ~ Blvd.
Old Sheng, Ndda L. Bennett, 1091 Main
Street
Paln-~r Drug Co., Palmer Drug Co.,
Dodge
Paul's Tavern, Wayne Schollmeyer, 176
Locust Sucet
Quick Clean Family Launthy, C. Cl~k,
1313 Dodge SUe. et
Reliable Dnsg #5209, Reliable D~g
Steres, Inc., 3049 A~bnsy Road
Sfikas Rnstetunnt, Grandma's Pent,y, lac.,
401 Centrni Avenue
Tux~et Sto~ #86, Dayton Hudson Cerp.,
3500 Dodge Street
Vango Amoco, Richard VanGorden, 205
Locust St~ent
Wslgmen Co., Wnigseen Co., 555 J. F.
Kennedy Road
Walnut Tap, Cndg J. Weiner, 709
University Avenue
Wmaco, W~teco System of Iowa, 700
Rhomberg Avenue
West Locust Ma~ Lee W. Potter, Sr.,
408 West Locust Stseet
White House Tavern, David IL Hoffmnn,
450 West Locust Street
Whitey's Bar'x, LeRoy Mill~, 2616
Windsc~ Avenue
Windsw MBk House, Lo~n Zihlke, 2311
Windsc~ Avenue
F.W. Woolv~rth Co,, 555 J. F. Kennedy
Road
A & B Tap, Snndns Zirkelback, MyCap,
2600 Cenmd Avenue
Aruerlcan Legion, Dubuque Post 6,
MyC~p, 1305 Delhi St~et
Aragon Tap, Stanley Woodman, Sr.,
MyCap, 1103 iowa Sttent
Beanie's Cafe, Bnschette/Dunne, MyCap,
1400 Central Avenue
Biersmbe, Marie Mocller, Myasp, 1301
Rhomberg
Bodiue's, Jeff Demnser, MyCap, 1445
Cenmd Avenue
Bogy's, Judy Botsford, MyCap, 1027
Rhomberg Avenue
Cent~l Tap, Myr~ Woodman, MyCap,
1046 Central Avenue
Cbl-Cbl's, Chi-Chi's Mcnicen Restaurant,
MyCap, 800 Wacker Drive
Civic Center '76, Dave Adams, MyCap,
5th and Locust Street
Demelri's Rnsteurant, Inmns Kachevas,
Inc., MyCap, 665 Dodge Street
Denny's Lux Club, Beverly
MyCap, 3050 Asbery Road
Dog House Lounge, Robert Leytem,
MyCap, 1646 Asbury Road
Dottie's Cafe, Dorothy Thomas, MyCap,
504 Centrai Avenue
Donna's Dip Tap, Donna Roling~.
Pfieler, MyCap, 1689 Elm Street
Dubuque Mining Company, Apartments
Ltd., MyCap, Kennedy Mall
Fraternal Order of Eagles #568, MyCap,
1175 Century Drive
Fat Tuesday's, Penon Ent., Inc., MyCap,
1121 University Avenue
Grand Tap, The, Kohl/Love, MyCap, 802
Central Avenue
Ground Round, Ground Round, Inc.,
MyCap, 50 J, F. Kennedy Road
Haxd Times B~x, Angin Mengeno,
MyCap, 1401 Blm Street
Heartland Inn, MyC~p, 4025 Dodge St~et
259
Regular Session, June 17, 1991
Idle Hour, Jennniue Eersch, MyCap, 1555
CenU'al Avenue
Impedal Lenes, Key City Bowltng, Inc.,
MyCnp, 3505 Stouemen Rc~d
Instsat Replay, Jude Brashaw, Mycap,
1602 CenUal Avenue
Jim's Web, Jim Webb, MyCap, 2093
Weshinston Sueet
Jimmy B's, James Bauer, MbCap, P.O.
Box 1753
Kennel Club, Patrlcia A. Humke, MyCap,
1097 Inckson SUe. et
King of Clubs, Sheryl Ann Sbireman,
MyCep, 1902 Central Avenue
Maid-Rite, Jeanne Weber, MyCap, 115
West llth Street
Marlo's Italian Rest,/Lounge, Angelina A.
Be~ollal, MyCep, 1298 Main Sire, et
Midway Motor Lodge, MyCep, 3100
Dodge Slruet
Mik's Ten Pin Tap, Mike Weber,
MyCap, 601 Rhomberg Avenue
Mr. Donut, Norton Fast Foods, Inc.,
MyCap, P.O. Box ~69
M~acco Supper Club, MyCap, 1413
Rockdale Road
Noonen's Tap, John W. Noonue, McCap,
1618 Central Avenue
PJ.'s, P. Schaller/J. Lloyd, MyCap, 500
Rhombe~ Avenue
Pink Square Tavern, Debra George,
MyCap, 600 Cenual Avenue
Pelican Pier, Big Rivur Bent, MyCap,
Dubuque Yacht Basin
Peakins Restaurant, MyCap, 3500 Dodse
Sm~et
River City Tep & Cuiil, David Lyons,
MyCap, 1406 Pine Street
Town Clock Inn, Stephanie Nelson,
MyCap, Town Clock Plaza
United Auto Workers Locni W94, MyCap,
3450 Central Avenue
Whiskey River, G. Kupurschnidt, MyCap,
1064 University Avenue
Yardarm, David Jaeger, MyCap, Eagle
Point
Passed, approved and edeptod this 17th
day of Jane 1991.
Ismes E. Brady
Mayor
Attest:
Mary A~ Davis
City Clerk
Council Member Riuesner moved ndep-
fion of thc Resolution. Seconded by Council
Member Nicholson. C~ied by the following
vote: Yeas--Mayor Brady, Council Membe~
Deich, Kluemer, Kfieg, Nicholson, Pratt,
Voetborg. Nays--Nonc.
RESOLUTION NO. 213-91
Whereas, applicatiens for Beer Permits
have been suhnfittod and filed to this Council
for approval end the same have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinences of this City and
have filed proper bonds.
NOW, THEREFORE, BE ri' RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
That the Manager be authorized to cause
to be issued the following named applicants
a Beer PermiL
CLASS 'B' BEER PERMlT
Vernon Leo Meyer, Meyers Tavern, 530
E. 22nd Sue~t
CLASS 'C' BEER PERMIT
Drng Fair, Inc., Reliable Drag #5209,
Sunday Sales, 3049 Asbury Ro~
lena, Inc., Oky Doky Foods #15, Sunday
Sales, 1101 Rhomberg Avenue
CLASS "BE" BEER PERMIT
Hy-Vee Food Stores, Inc., Sunday Sales,
3500 Dodge Street
Passed, approved and ndepted this 17th
day of June, 1991.
Regular Session, June 17, 1991
260
lamu E, Bualy
Mayor
At. st:
Mar'y A. Davis
City C~
Council Mem~ ~uesuer ~ ~
~on of ~e R~olu~on. ~ by ~u~
M~ Ni~olwn. ~ by ~e folo~l
vo~: Y~Y~ B~y, ~uu~ Mem~
~ch, ~uem~, ~, Nic~lso~ ~
V~t~. Nay~Noue,
~OL~ION NO. 214-91
W~, a~ons f~ Liqu~ ~n~s
have ~ sub~ to ~ Co,cfi f~
a~ov~ ~d ~e s~ have ~n
~d a~v~; ~d
such a~ w~ in~ ~d fou~ ~
~ly ~ ~e S~ ~w ~d ~ ~ty
~n~s ~lev~t ~e~to ~d ~y have
~ ~r ~s.
NOW, ~O~, BE ~ ~OL~D
BY T~ CITY COUNC~ ON ~ CI~
OF D~UQ~ IOWA:
a Liq~ ~c.
CLASS "A' (CLUB) ~EER A~
LIQUOR LICENSE
~y~ ~r of M~se ~ge 355,
Su~ay S~, 1166 Mdn
CLASS 'C' (co~RC~) BEER
A~ LIQUOR LICENSE
A~ ~on, Dub~ue Post
~u~ay S~, 13~ Del~ S~t
M~al L Ke~y, Kenn~y's Tap,
~d ]~on
C~lyn K. Non~. C~l I~. 2010
Kerr Blvd.
E~l K. Schwa. ~ hn, Sunny
S~, 574 E. 16~
Eugene ].~a~e~e B~ben, Ge~ s Mm
S~t Tap. 1~ ~n
J~s ~ F~ng, Dubuq~
~s, 1~9-1~ M~n S~t
Wayne Pa~ ~h~meyer, Pa~'s T~,
Su~ay S~, 176 L~t
Michel John S~wvell, BurSt's Bar, 1700
CenUal Avenue
Thomas P. Vuessen, Club Rockers, 2417
Rhemburg Avenue
House of China Co., House of China,
sunday Sales, 801 Town Clock Plaza
CLASS "E' LIQUOR LICENSE
Beechur Co., Inc,, Beueher Beverage,
1691 Asbmy Road
Passed, approved and adopted this 17th
day of luue 1991.
lames E. Brady
Mayor
Aaest:
Mary A. Davis
City Clerk
Council Member Kluesuer moved adep-
I/on of the Resolution. Seconded by Council
Member Nicholson. Carded by the following
vote: yens--Mayor Brady, Council Members
Deich, Kluesner, Kdeg, Nicholson, Pratt,
Voetberg. Nays---None.
Printed Council Proceedings fur months
of August and September 1990 V/esentod for
Council approval, presented for approval.
Council Member Pratt moved that the pro-
cuedings be approved as printed. Seconded
by Council Member Nicholson. Carried by
the following vote: Yeas--Mayor Brady,
Council Members Deich, Kluesuer, Krieg,
Nichol~on, Pratt, Voetberg, Nays--None.
MINU~ES SUBMITFED--Cable TV
Regulatory Commission of 5-28; Historic
~eservation Commission of 5-22; Housing
Code Appeals Board of 5-21; Library Board
of Trustees of 5-23; Park & Recreation
Commission of 5-14; Plumbing Bonni of
5-21; Transit Trustee Board of 5-9; Zoning
Beard of Adjustment of 5-23, p~sented and
read. Council Member Pratt moved that the
minutes be received and filed. Seconded by
Coencll Member Nicholson. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Deich, Khiesner, Krieg,
Nicholson, Pratt, Vcetherg. Nays--None.
NOTICES OF CLAIMS/SUITS--Osman
Alibesic in estimated amount of $522.02 for
car damages; Becky Foht in unknown
amount for I~rsonal injuries; Tom & Ann
Fu~ in unknown amount for personal losses;
Beverly and Leonard Gregory in amount
between $10,000 to $20,000 for personal
injuries; Timothy pfiffuer in estimated
amount of $1128.30 fo~ vehicle damages;
Mary White in unknown amount for personal
261
Regular Session, June 17, 1991
injmias, p~sented and re~. Council Member
Pratt ~vM ~t
~f~ ~ ~ ~gd s~f f~ inv~figaflon
~d ~ ~ by Co~ ~m~
NiOol~n. ~ by &s fo~o~ v~:
Y~M~ B~y, C~n~ ~m~
Delch, ~, ~eg, Nin~lso~
V~t~. Nay~Nono.
Co~on of ~eun ~umel
~n~ng de~ of ~ d~g~ elam
of D~ ~s, ~n~ ~d ~. ~u~
M~ ~aR mov~ ~ ~e ~u~6on
a~v~. ~ by Coun~ Me~r
Nichol~n. ~ by &e fo~o~g v~:
Y~May~ Bray, Counofl
Deich, ~uasner,
V~t~. Nay~Nune.
Co~ons of Co~on ~umci
~sing of ~fe~ of follo~og ci~
Cmwf~d
Iowa C~unity A~ P~I:
inj~ of C~ne A~bms~c ~ d~ge of
Toby Euchre; ~ ~e of ~ch~d M.
CoBins~ ~ ~e ~ Dovin G~ty,
~en~ ~d
~v~ &~ ~ ~u~s ~ ~iv~
~d ~ ~ ~fe~s ~p~v~. S~n~
by Co,ell Mem~r Nicho~on. C~ by
· e fo~o~ng vo~: Y~--May~ B~y,
Co,ed Mem~ D~ch, ~umnor,
Nichol~a, ~[~ V~t~g. Nays--None.
Co~on of Co~a~ Coumal
~og on C~ ~on ~g~ding
inws~t of ~ch~ V. ~d Ch~ene L.
H~ni vs. City of Dub~ee, ~en~ ~d
~. ~u~ Mem~r
~i~fion ~ ~v~ ~ fil~.
Se~nd~ by Co~c~ Mem~r Hinhol~n.
C~ by ~e follo~g vo~: Y~--May~
Bray, Counc~ Mem~rs D~ch, ~ues~r,
Kfieg, Nicholson, Pratt. V~t~rg.
Nays--No~.
~S ~Q~S~I~ B~ng
Co~y, in ~ ~ount of $7~.~ f~
un~pi~ Cl~s "B" B~ Pe~ ~en~
~d ~. C~n~ Mem~r ~aR ~v~ ~t
~t~ ~ issue ~ ch~k. ~nd~ by
Co~cil Mem~r Nich~son. C~ by
foHo~ng vo~: Y~May~ Bray,
Co~l Mem~ D~ch, ~u~ner, Kfieg,
Nichol~n, ~at~ V~t~g. Nays~Noee.
Co~on of Coven~ P~k Ho~-
a~ut fut~
in I~ ~a, ~m l~d
~ Coven~ P~k ~d Coven~
~loxas on Ch~ey
Asbory and Kaufmann Avenue, p~een~ad
and ~ad, Council Member Pratt moved that
the communication be tecnived and filed.
Seconded by Council Member Nicholi~n.
Cunied by the following vote: Yeas~Mayor
Brady, Council Members Dnich, Klueeeer,
Krle8, Nicholson, Pratt, Voetbern.
Nays--No~.
Communication of Merchants Bonding
Company submithng their Certificate of
Authority and Certification for the year
1~1, presented and read. Council Member
Pratt moved that the communication be
received and filed. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeas--Mayor Bredy, Council Members
Dnich, I~ueener, Kdog, Nicholson, Pratt,
Voetberg. Nays--None.
Communication of Finance Di~ct~ sub-
mithng outstanding Council m~vel advances
as of May 31, 1991, presented and read.
Council Member Pratt movad tha~ the com-
munication be received and filed. Seconded
by Council Member Nicholson. Carried by
the followiog vote: Yeas--Mayor Brady,
Council Members Dcich, Kleesner, Krieg,
Nichol~on, Pratt, V~tberg. Nays---None.
Proof of Publication certified ~o by the
Publisher on List of Claims paid for month
of April, 1991, presented and read, Council
Member Pratt moved that the proof of pobli-
cation be received and filed. Seconded by
Council Member Nicholson, Carded by the
following vote: Yeas---Mayor Brady,
Council Members Dcich, Kluesner, Krieg,
Nicholsun, Pratt. Vcotberg. Nays--None.
Iowa Department of Transportation advis-
ing of their intent to sell a ~ant of land
located in John Breakny's Addition, Mineral
Lot 39 and Mississippi Heights No. 3, ~
scnted and x~d. Council Member Pratt
moved that the no~c~ be received and filed.
Seconded by Council Member Nieholson.
Carried by the following vot~: Ye~s---Mayor
Brady, Council Members Deich, Kluesner,
Krlog, Nicholson, Pratt. Voetberg. Nays---
None.
Communication of City Manager recom-
mending approval of Purchase of Services
Agreement between the City of Dubuque and
thc Dubuque Humane Society for Im)vi~ion
of animal shelter services through June 30,
1992, presented and read. Council Member
Pratt moved that the communication be
received and filed. Seconded by Council
Membe~ Nieholson. Carried by tho following
vote: y~Mayor Brady, Council Membe~
Delch, Kluesner, Krieg, Nieholson, Pratt,
Voetberg~ Nays--None.
Regular Session, June 17, 1991
262
RF~OLUTION NO. 21S-91
APPROVING A PURCHASE OF
SERVICES AGREEMENT
BETWEEN THE CITY OF
DUBUQUE AND THE DUBUQUE
HUMANE SOCIETY AND
AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE
CITY OF DUBUQUE, IOWA
Whnmas, the City of Dubuque does not
operate ils own shelter for dogs, cais and
other ardmals which may be taken up or
meeived pennant to Axficln H of Chapter 7
of the Code of Ordinances of the City; and
Whereas, the Dubuque Humane Society is
an incorporated sOCiety for the prevention of
ereelty of animnis and does maintain a
shelter for the custody of lost, sU'ayad or
hon',~inss dogs, c~s or other animals and for
the disposlilun and/er dosUucilon of such
animals not redeemed and/o~ deceased; and
Whereas, it is deemed to be in the best
interest of the City of Dubuque to enter into
an a~reement with the Dubuque Humane
Society to provide animal shelter services for
the City.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached Purchase of
Serviees Agreement by and between the City
of Dubuque, Iowa, and Dubuque Humane
Society be and tho san~ is bereby approved.
Se~iun 2. ~hat the Mayor be and he is
hereby anthorized and dlre~ted to execute
said A§mement for and on behalf of the City
of Dubuqua, Iowa,
passed, approved and adopted this l?th
day of June, 1991.
Iambs E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adopiloo of
the Resolution. Seconded by Council
Member Nicholsun. Can-led by the following
vote: y~Mayor Brady, Council Members
Dnieh, Kluosnor, Krieg, Nicholson, Pratt,
Voetberg. Nays--None.
Communication of Zoning Commission
advising of their approval of final plat for
Lois 1-8 and Lo~s B & C of Bleak 1 and Lot
A of Wingate Place located southwest of thc
inl~cfion of pennsylvania and Sylvan
D~'iva, p~sented and read. Co~ncil Member
Pratt moved that the communication be
~eceived and filed. Seconded by Council
Member Nicholson. Carded by the following
vote: Yeas---Mayor Brady, Council Members
Deich, Klunsner, lOin8, Nicholsun~ Pratt.
Voethnr8. Nays--None.
RESOLUTION NO. 216-91
k RESOLUTION APPROVING THE
PLAT OF LOTS I
THROUGH 8 AND LOTS B AND C
OF BLOCK I AND LOT A OF
WINOATE pLACE IN THE CITY OF
DUBUQUB, IOWA
Wbe~ees, ~hem has been filed with the
City Clerk a final plat of Lois 1 through 8
and Lo~z B and C of Block I and Lot A of
Wingate Place in the City of Dubuque, lowa;
and
Whereas, upon said final plat appears
slreeis to be known as Wingate Drive and
penosylvania Avenue, together with cemin
public utility easements which the owners .b.y
said final plat have dedicated to the public
forever, and
Whereas, said llnal plat has been
examinad by the City Zoning Commission
and had ils approval endorsed thereon; an
Whereas, the said final plat has been
examined by the City Council and they find
that the same conforms to the statutes and
relating thereto, except that no
public utilities or s~reets have yet been
instslled;
Wbereoz, the City Council concurs in the
conditions of approval aslablished by the
City Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED
THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sec~inn 1. That the dadicalion of Wiogate
Drive and Pennsylvania Avenue, together
with the easements for public utilities as the
same appear upon said final plat, be somd the
same are hereby aceepted.
Secflun 2. That the plat of Lots I throu§h
8 and Lots B and C of Block 1 and Lot A of
Wingate Place and the same is hereby
approved and the Mayor and City Clerk are
he.by authorized and direeted to endorse
the approval of the City of Dubuque, Iowa,
upon said final plat, provided the owners of
263
Regular Session, June 17, 1991
co~Uuet co~e~to curb and gut~ and to
hard surface with asphaltic conerete ee with
concrete paving with integral curb, all in a
manner acceptable to the City Engineer and
in guec~ul conforrmmee with the approved
preliminery pla~
h, To install sankery sewer mains and
sewer service la~orais in a manner acceptable
to the City Engineer and in goner-'
pla~
c, To install water mains and water
service laterals in a manner acceptable to tho
City Engineer and in general uonformanee
with the approved pruliminery plat;
d, To install storm sewers and catch
hnsins in a manner accoptabhi to the City
Engtne~,
e. To install concrete sidewalhe aa
requi~d by ordinanees and where directed
by the City Engineer and the City Manager
in general conformance with the approved
In~liminary pla~
L To install boulevard s~t lighting in
accordance with City specifications and the
apl~oved preliminary plat;
g. To consmlct the forgoing improve-
merits in accordance with plans and spedfi-
cations approved by the City Manager, under
the inspection of the City Engineer, and in a
manner apl~oved by the City Manager,
h. To construct said improvements,
except sidewalks, prio~ to two years from the
date of acceptance of this Resolution;
i. To maintain thc foregoing in~rove-
ments for a period of two (2) years from thc
date of their acceptance of this Resolution;
j. To install temp~ery cul-de-sacs to
City specificalious at the end of Wingate
Drive and maintain it until second accesses
from the street are developed to City
standards;
k. To provide thc foregoing construction
and maintenance at the sole expense of thc
subdivider, as owner, or future owner;,
1. That the final owner of lots install
concrete sidewalks to City standards within
one year of the completion of structure on
lot;
m. To coordinate all erosion control
comiste, nt with the approved preliminary
plat.
And further provided that James P. Oantz,
lean E. Gantz, John I. Oant~ Sr., Reeemary
A. Oantz, Daniel A. Oantz, Linda M. Oantz,
Delbert Miller, Lany Miller and Kathleen
Miller shall fail to execute the acceptance
and f~mish the security provided in Seclion
2 he.of within forty-five (45) days after the
date of the Rnsolution, tho provisions humor
shall be null and void and thn ~'.eeptanee of
tho dedication and approval of the plat shall
not be effective.
Passed, approved and adopted this 17th
day of June, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF
RESOLUTION NO. 216.91
We, tbe undersigned, James P. Oantz, nC
al., having read the terms and conditions of
the Resolution No. 216-91 and being familiar
with the conditions thereof, hereby accept
this same and agree ~o tho conditions
required therein.
Dated in Dubuque, lowa this ~ day of
.___, 1991.
By~
By~
.lean E. Oanta
By
John .l. Oanta, Sr.
Rosemary A. Gan~z
By~
Daniel A. Oanta
By__
IAeda M. Oantz -
By__
Dulben 0. Miller
By~
Larry W. Miller
By...
Katbleen S. Miller
Council Member Pratt moved adoption of
the Resolution. Seconded by Council
Member Nichulson. Carried by the following
vote: Yeas--Mayor Brady, Council Members
Deich, Kinesner, Kring, Niuhotson, Prat~
Voetherg. Nays---None.
Regular Session, June 17, 1991
264
RESOLUTION WAS REPLACED BY
RESOLUTION NO. 254-91
ADOPTED ON AUGUST 5, 1991
Commonication of Zoninli Commission
ndvisinli of their approval of plat for
subdivision of Embnssy West No, 2 subject
to the comlitions ns noted in the Resolution
and a Rnsiiution approving tho final plat of
Block l, Lots ]0-12, Block 2, Lots 6-8 and
Block 3, Lots 10-14 of Embansy Wnst No. 2
in the City of Dubuque, Iowa, lm~Santed and
~l. Counc/l Member Voetherg moved that
the commuulcmion and Resolution be tabled
to the next meeting. Seconded by Council
Member Pratt. Carried by the following vote:
Yens--Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetber/. Nays--None.
Communication of Chad C. Lelich sub-
mitring his resigumion from the Zoning
Board of Adjustment effective July 29, 1991,
presented and read. Council Member Pratt
moved that the conmmnication be leeeived
and fried and resignation accepted with
regret. Seconded by Council Member
Nichoison. Carded by ti~ following vote:
Yeas--Mayor Brady, Council Members
Dulch, Klunsner, Kaing, Nicholson, Pratt,
Vontberg. Nays--None.
Communication of City Manager recom-
mending acceptance of 1990 Asphalt Paving
Project, inesented and read. Council Member
Nichoison. Carried by the following vo~:
Yeas--Mayor Brady, Council Members
Dulch, Kloesner, Kfing, Nicholson, Pratg
Voetberg. Nays~None.
RESOLUTION NO. 217-91
ACCEPTING IMPROVEMENT
Whereas. the con,'act for the 1990
Asphalt Paving Project has been completed
and the City Manager has examined the
work and filed his certificate stating that the
san~ has been completed according to the
terms of the con,rant, plans and specifica-
tions and recommends it acceptance.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Seri|on 1. That the recommendation of
the City Manager bc approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED, that thc
City Txeaanmr be and he is hereby directed
to pay to the contractor from the Sales Tax
Fund, the Watar Construction Fund, and
General Obligation Bonds in amount equal to
thc Imlonnt of his cmm~ot, inss any rotsined
x~ent~e provided for therulv.
Passed, approved and adopted tMs 17th
day of Jnoe~ 1991.
Attest:
Mary A. Davis
City Clerk
Jam~s E, Brady
Mayor
Council Member Nicholson moved adop-
tion of the Reanlution. Seconded by Council
Member Pratt Carried by the following vote:
Yeas--Mayor Brady, Council Members
Dulch, Kluemer, Krlag, Nichoison, Pratt,
Voetbc~g. Nays--None.
RESOLUTION NO. 21g-91
FINAL ESTIMATE
Whereas, the contract for the 1990
Asphalt Paving Project has been completed
and the City Engineer has submitted his fmul
estimate showing thc cost thereof including
the cost of estimates, notices and inspection
anll all m/scullaneons costs.
NOW, THERBFORB, BB IT RBSOLVED
BY THE CITY COUNCIL OF THB CITY
OF DUBUQUE, IOWA:
Seciion 1. That the cost of said
im!m'ovement is hereby dcterm/ned to be
$381,li~,86 and thc said amount shall be
paid fwm thc Sales Tax Fond, the Water
Constsection Fund, and 6cnerul Obligation
Bonds of thc City of Dubuque, Iowa.
Section 2. 'rhat $41,617.17 of the cost
thereof shull be a~sessable npon t~ivate
property and $340,082.~9 shall be l~/d from
thc Sales Tax Fund, the Water Construction
Fund, and Gonemi OMiEalion Bonds.
Passed, appwved and adopted this l?th
day of lunc, l~l.
Samcs E. Brady
Mayor
Attest:
Mary A. Davis
City Cierk
Council Member Nichoison. moved adop-
tion of thc Resolution. Seconded by Council
Member Pratt. Canicd by the following vote:
yca~--Iviayor Brady, Counull Mcmber~
Dcich, Klonsncr, Krlcg, Nichoison, Pratt,
Voctberg. Nays--None.
Regular Session, June 1'/, 1991 266
265
Regular Session, June 17, 1991
RESOLUTION NO. 219-91
A RESOLUTION ADOPTING THE
FINAL ASSESSMENT SCHEDULE
FOR 1990 ASPHALT PAVING
PRelECT INCLUDING CERTAIN
INFORMATION REQUIRED BY
THE CODE OF IOWA, SPE-
CIFICALLY, ~ NUMBER OF
ANNUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, TI~ INTEREST ON ALL
UNPAID INSTALLMENTS, THE
TIME WHEN THE ASSESSMENTS
ARE PAYABLE AND D1RECTINO
THE CLERK TO CERTIFY THE
FINAL SCHEDULE AND TO
PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Tbet after full consideration of the
schedule of ~s~ ~d ~m~g
plat sho~ ~ ~es~nm ~s~ ~
~ f~ ~ ~m~o~un ~ ~o 1~
As~t P~vi~ ~j~t ~der ~n~ct ~
~v~ Ci~ Pavi~ - · Di~slun of
Cons~c~un Co~y of On~
Wi~min, w~ch fi~ p~t ~d
wew ~ in ~ offi~ of ~e City ~e~ on
&o 12& day of J~c, 1991+ ~t ~d
~e of ~s~n~ ~ ~ ~ ~ is
That there be, and is hereby assessed and
levied as a special tax against and upon cneh
of the lots, the resPeCtive sums indicated.
Provided, fro'thus, that the amounts shown in
said final schedule of assessments as deft-
uleneins ~ found to he proper and levied
cood~fitmally agaimt the respective properties
benefitted by the in~mvements as shown in
the schedule, subject to thc provisions of
Section 384.63, Code of lowa. Said assess-
ments against said lots a~ hereby declared to
be in l~oponiun to the special benefits
coofen~ and not in e~xcess of twenty-five
pesccnt of the value of sama,
Asressments of $50.00 or mo~ axe pay-
able in 10 equal annual installments, with
tnU~ost un the unt0uld balance, all as
provided in Section 384.65, City Code of
low& Conditional deficiency assessments, if
any, may be levied a~atmt the ~l~icebin
property for the same period of yeass as the
assessments are made lssyabhi,
Assessments may be paid in full o~in
without interest at the office of the County
Txunsorer, at any time within 30 days after
the date of the first pebltcetiun of this notice
of thc filing of the Bunl plat and schedule of
assessments with the County Tl~esm~r. Un-
less said assessments are paid in full within
said thirty day pe~tod all unpaid assessments
will draw annual interest computed at
percent (counneneing on the date of aecep-
tance of the work) computed to the
December 1st next following the due dates
of the respective installments. Each install-
ment will be delinquent un September 30th
following its due date on July Ist in each
fear. Property owners nay elect to pay any
annual installment sontiannually in advance.
That th~ City Clerk be and is hereby
directed to certify said schedule to the
County Treasttr~ of Dubuque County, lowa,
and to publish notice of said certification
once each week for two consecutive weeks
in the nmunes provided in Section 362.3, the
first publlcatiun of which shall he not
than fifteen days from the date of filing of
the final schedule. The City Clerk shall also
send by cerdlled mail to property owners
whoso property is subject to assessmunt n
copy of said notice, and mailing to be un or
before the date of the secoed publication of
the notice, all as provided and di~neted by
Section 384.60 of the .Code of Iowa.
Passed, approved and adopted this 17th
day of June, 1~91.
James E. Brady
Mayor
Attest:
Map/A. Davis
City Clerk
267 Regular Session, June 17, 1991 Regular Session, June 17, 1991 268
~MATERIAL ~ TOTAL COST
269
Regular Session, June 17, 1991
Regular Session, June 17, 1991
270
ow,a~ ~ AS~SSMa~r ~.
KBY KNOU~ SUB. BLOCK 17
TOTAL
271
Regular Session, June 17, 1991
Regular Session, June 17, 1991
272
DEFICIENCY
TOTAl.
238.93
225,04
219.86
273
Regular Seaslon, June 17, 1991~__
Regular Session, June 17, 1991
274
TOTAL
$ 246.41
$ 44.10
40~.47
448.53
Ton
ITE 0 WORK &
Bxmvatlc~. U~mflfled
LI0
85.00
275
Regular Session, June 17, 1991
Council Menther Nicholson moved
adoption of the Resolution. Seconded by
Council Member Pratt. Carried by the
following vote: Yea~--Mayor Brady,
Coancfl Members Dciuh, IOuesunr, gaing,
Nicholson, Pratt, Veetberg. Nays--Noun.
Conununic~on of Zoning Conurdssion
requesting dtn~ion from Coun~ mganllng
the ~prova~ of tho l~llminary plat of
5unnyslope Estates on Radford Road and
ftmhnr r~lunsOng a response to eom-
munication ~er, nived from Michael Budda,
Mayor of Asbuty, presented and read.
Council Member Nicitol~on moved that the
communication be referred to the City
Mannger for investigation and relx~
Seconded by Council Member Pratt. Canied
by the following vote: Y~as--Mayor Bn~iy,
Council Memben Dcich, IOuusner, Kring,
Ntcbol~on, Pratt, V~etberg. Nays--None.
Communicadon of City Manager mqueat-
tng execution of an an~ndment to an exist-
ing contract from the U.S. Deparanent of
Housing and Urban Devulopmont (HUD) to
administration of Moderate Rehabilitation
Program No, IA05-KO87-005, ~sented and
read. Council Member Nicholson moved that
the communication be recnived and f'fled.
Seconded by Council Member Pratt Canied
by the following vote: Yeas~Mayor Brady.
Council Members Dcich, Kluusner, Ksing,
Nicholson, Pratt, Vuntberg. Nays--None.
RESOLUTION NO. 220-91
AUTHORIZING EXECUTION OF
AN AMENDED ANNUAL CON-
TRIBUTIONS CONTRACT FOR
SECTION 8 MODERATE
REHABILITATION PROJECT NO.
IA05~K087-005
Whereas, the City has requested and
received an amendment to Moderate
Rehabilitation Contract KC-9004, for Project
IA05-K087-005, establishing an effective
contotct date of 1 September 1989; and
Whereas, the U.S. Depertm~nt of Housing
and Urban Development requires execution
of this contract for thc City's adn~nistration
of these funds,
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~lon 1. That the Mayor of the City of
Dubuque be and he is ha-oby authorized and
directed to execute un un~nded annual
conUtbutious contract, with the U.S.
Depertrunnt of Housing and Urben
Development, for Project No.
IA05-R087-005, under Master Annual
Contrlhafions Con~act No. KC-9004E, on
behalf of tho City of Dubuque.
Se~ion 2, This Resolution shall take
effect immediately.
Passed, approved and adopted this 17th
day of Juun, 1~91.
Attest:
Mary A, Davis
City Clerk
Jar~s B. Brady
Mayor
Council Member Nicholson moved edop-
tion of the Resolution. Seconded by Council
Membe~ Pratt. Carded by the following vote:
Yeus--Mayor Brady, Council Members
Deich, Kluusner, Kflng, Nicholson, Pratt,
Voetberg. Nays---Noun.
Petition of Dubuque Golf and Country
Club requesting pem~ssion to display
fireworks on July 4, 1991, at about 9:00 p.m.
on their ~ounds, pre~ented and read.
Council Member Nichol~on moved that tho
petition be approved, subject to iml~emen-
tado~ of tho City Manager. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dcicb, IOuusner, Kfing,
Nichohon, Pratt, Vuntberg. Nays--None.
There being no further business, Council
Member Voetherg moved that the meeting
adjourn. Seconded by Council Member
Nicholson. Carded by the following vote:
Yeas---Mayor Brady, Council Mcmbe~
Deich, Kluesner, Kring, Nicholson, Pratt,
Voetbexg. Nays---None.
Regular Session, June 17, 1991
Meeting edjouraed ut 9:50 p.m.
Mary A. Davis
City Clerk
APl~OV~ ~_~ 1992.
"~ 1992.
Attest:
276