1993 January Council Proceedings
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Stephen Hanson, CEO of Finley Hospital
and Kevin Voegers, Vice President,
presented and explained plans and nrged
adoption of the Ordinance. Ric Jones, EMf,
endorsed plans as presented.
-~-
Regular Session, January 4, 1993
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, January 4, 1993;
Council met at 7:30 p.m., Public Library
Anditorinm.
Present: Mayor Brady, Council Members
Deich, Klnesner, Krieg, Nagle, Nicholson,
Voetberg, City Manager Michaei Van
MOOgen, Corporation Counsel Barry A.
Lindshl.
Mayor Brady read the call and stated this
is the Regular Session of the City Couocil
called for the purpose to act upon snch
bnsiness which may properly corne before
the Council.
The invocation was given by Mayor
Jaroes E. Brady.
PROCLAMATIONS -- January 17, 1993
as "Marrin Luther King Dny" received by
Ruby Sutton; also a Proclamation Urging
Iowa Racing and Garobling Assn. to Deny
Additional Racing Dates to Waterloo,
received by Bruce Wentworth.
Mayor Brady swore in Michael C. Van
Milligen as City Manager. (Let the record
show that Mr. Van Milligen had been given
the written "Oath of Office" on December
II, 1992.)
Council Member Krieg moved that the
rules be suspended to allow anyone present
to address the Council if they should so
desire. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Procf of Publication certified to by the
Publisher on Notice of Public Hearing to
consider an Ordinance to reclassify property
at 486 North Grandview and approving an
aroended Conceptual Development Plan for
the Huley Hospital ID District at 350 North
Grandview, presented and read. There were
no written objections received aud no ""al
objectors present at the time of the Hearing.
Council Member Krieg moved that the proof
of publication be received and filed.
Seconded by Council Member Nicholson.
An Ordinaucc aroending Zoning
Ordinance by reclassifying property at 486
North Grandview from C-2 Neighborhood
Shopping Center District to ID Institutional
District and aroending Ordinance No. 45-91
by approving an amended Conceptual
Development Plan for the Finley Hospital ID
Institutional District at 350 North Grandview
Avenue, said Ordinance having been
presented and read at the Council Mecting of
12-21-92, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 1-93
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, lOW A, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY AT 486 NORTH
GRANDVIEW FROM C-2
NEIGHBORHOOD SHOPPING
CENTER DISTRICT TO ID
INSTITUTIONAL DISTRICT AND
AMENDING ORDINANCE 45.91
BY APPROVING AN AMENDED
CONCEPTUAL DEVELOPMENT
PLAN FOR THE FINLEY
HOSPITAL ID INSTITUTIONAL
DISTRICT AT 350 NORTH
GRANDVIEW.
Whereas, Fiuley Hospital, owner and
applicant, filed an application for
reclassification of 486 N. Grandview from
C-2 Neighborhood Shopping Center District
to ID Institutional District and has filed an
aroended conceptnal development plan for
certain properties hereinafter described in
accordance with provisions of the ID
Institutional District regulations as set f""th
iu Section 3-5.2 of the Code of Ordinances,
Appendix A therecf, of the City of Dubuque;
and
Whereas, the Zoning Commission bus
held a public hearing on said application for
zoning reclassification and said aroended
-_u_-~ --- ---- ~~~~
Regular Session, January 4, 1993
2
conceptoal development plan pursuant to
required publisbed notice; and
Whereas, the Zoning Commission has
approved said application f"" reclassification
and said aroended conceptual development
plan snbject to specific conditions and
restrictions having found that said plan
conforms with the review standards
applicable to such plans as set forth in
Section 3-5.2D(4) of the Code of
Ordinances, Appendix A thereof, of the City
of Dubuque, Iowa; and
Whe.reas, the Zoning Commission
ree"mmended the concurrence of the City
Council in approval of said aroended
conceptual development plan and said
application of zoning reclassification; and
Whereas, the City Couucil has received
the recommendation of the Zoning
Commission and held its own pnblic hearing
ou said aroended conceptual development
plan and said application for zoning and
reclassification pursnant to required
published notice; and
Whereas, the City Council has approved
said aroended conceptnal development plan
and said application for zoning
reclassification snbject to the saroe specific
conditions and restrictions.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be aroended
by revising appendix A thereof, also known
as the Zoning Ordinance of the City of
Dnbnque, Iowa, by reclassifying from C-2
NeighbO<hood Shopping Center District to
ID Institutional District the following
described property to wit:
Lot I and Lot I of Lot 2, both of
Grandview-Delhi Street Place and to the
ceuter line of the adjoining public right-
of-way all in the City of Dubuque, Iowa.
Section 2. That in ""der to accomplish
the purposes of the ID Institutional District
of the Zoning Ordinance of the City of
Dubuque, Iowa, Ordinance No. 45-91 is
hereby aroended by approving the aroended
conceptual development plan f"" Finley
Hospital, a copy of which is attached to and
made a part hereof, is hereby adopted and
approved for the following described
property to wit:
Lot 2 of Lot I of Lot I and Lot I of Lot
I of Lot I in Finley Home Addition; Lot
18 in Finley Home Addition; Lot I, Lot I
of Lot 2 and Lot 2 of Lot 2 of
Grandview-Delhi Slreet Place; Lot 3 of
Lot 2 of Lot I of Lot I of Lot I of Lot I
of Lot 2 of Lot 2; Lot 2 of Lot I of Lot
I of Lot I of Lot 2 of Lot 2, Lot 2 of Lot
2 of Lot 2. Lot 2 of Lot I of Lot I of Lot
2 of Lot 2, and Lot I of Lot I, all in
Boxleiter's Subdivision of Lot I of
Caroline Boxleiter's Subdivision of
Mineral Lot 160; Lot I and Lot 2 of
Ramp Place in the City of Dubuque,
Iowa. Doctoc's Place; Lot I of Lot 2 of
Lot 2 of Mineral Lot 160, Lot 2 of Lot 6,
Lot I of Lot 6, Lot I of Lot I of Lot 7,
Lot 2 of Lot 7, and South 55 feet of Lot
5 all of Sidonia Hosfoni's Subdivision
and to the center line of the adjoining
public right-of-way, all in the City of
Dubuque, Iowa.
Sectiou 3. That in order to accomplish
the purposes of the ID Institutional District
and of the Zoning Ordinance, the property
herein above described is subject to the
following conditions and restrictions:
A. Use Reoulations
The following regulations shall apply
to all uses made of land in the above
described ID Institutional District:
I) Principal permitted uses shall he
limited to the following:
a) Hospitals. [46]
b) Out-patient care facilities. [36]
c) Offices for administrative
peraonnel or other institutional
employees and affiliates. [14]
d) Off-slreet parking and loading.
e) Classrooms,laboratories,lecture
halls, and similar places of
institutional assembly.
t) Facilities and operations for the
diagnosis, care and !rearment of
human health disorders,
including examinations in
operating rooms, physical
therapy or x-ray facilities,
psychiatric treatment,
convalesceot care and similar
hospital related nses, but not to
include commercial uses or nses
listed as conditional or accessory
uses for this district This
provision shall include separate
doctors clinics or other medical
facilities not owned or operated
by the principal institution hot
functionally related to the
institutioo and included in the
conceptual development plan.
[36]
2) Acces""'Y uses. The following uses
shall be permitted ss accessory uses
in the above described ID
Institutional District:
a) Restaurants or cafeterias, flower
shops, gift shops, and candy,
cigar "" magazine stands hot
only when operated or located
entirely within a principal
building.
b) Facilities with a componnding,
dispensing, or sales or drugs or
,-~----~~,,~,«~,Ü'~~.« ..". ^.' -<, .-""
3
Regular Session, January 4, 1993
medicines, prosthetic devices,
lotions or preparations, bandages
or dressings and similar medical
ur health related supplies.
c) All uses customarily incidental
to the principal permitted nse in
conjunction with which such
access""Y nse is operated or
maintained, but not to iuclude
commercial uses outside the
principal building.
B. Lot and Bulk Regulations
Development of land in the ID
Institutional District shall be
regulated as follows:
I) All buildings, slrUctnres and
activities shall be located in
conformance with the attached
conceptual development plan
and all final site development
plans to be approved in
aecordance with the provisions
of the ID Institotional Dislrict
regulations as provided in the
Zoning Ordinance of the City of
Duboque, Iowa.
C. Performance Standards
The development and maintenance of
uses in this ID Institutional District
shall be established in confO<maUce
with the following proposed
construction and landscaping
scbedule, as well as with the
regulations of Section 3-5,2 of the ID
Institutional District:
a) Demolition of existing Du-Med
Building, June to July, 1993.
b) Renovation at existing 1st floor
employee entrance, for
temporary main entrance, March
to May, 1993.
c) Demolishexistingmainentrance
and conslrUct new I, 2 and 3
level hospital additions,
including related site work and
conslrUct elevated connecting
cotridor fi'om hospital to parking
garage, May 1993 to January
1995.
d) Renovate selected areas and
departments in existing hospital,
all conslruction completed July
1,1995.
e) Landscaping, April to July,
1995.
D. Additional Standards
I) The off-slreet parking requirement
for the priucipal permitted uses for
the herein described ID Institutional
District shall be shown on the
attached amended coneeptnal
developruent plan.
2) Signage permitted in this ID
Institutional District shall be as
follows:
a) 9 free-standing signs with a
maximum 50 square foot per
sign;
b) I free-standing sign with a
maximum 100 square feet per
sign;
c) 22 wall-mounted signs with a
maximum 50 square foot per
sign;
d) I wall-mounted sign with a
maximum 100 square foot per
sigu;
e) I wall-monnted signs with a
maximum of 200 sqnare feet;
\) directional signs, as needed, with
a maximum sign area of 10
square feet and 10 feet in height.
3) The conceptual dcvelopment plan
shall be valid for a period of three
(3) years provided a final site
development plan for the first phases
is submitted within one (I) year from
the date of approval.
4) That all previously approved
conceptual development plans are
hereby amended to allow for the
attached conceptual development
plan.
E. Transfer of Ownership
I) Transfer of ownership of lease of
property in this ID Institutional
District shall inclnde in the transfer
of lease agreement a provision that
the purchaser or leasee acknowledges
awareness of the conditions
authorizing the establishment of the
dislrict.
Passed, approved and adopted this 4th day
of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF ORDINANCE
NO. 1-93
I, Stephen C. Hanson, Presidcnt of Finley
Hospital, having read the terms and
conditions of the foregoing Ordinance No. 1-
93 and being faotiliar with the conditions
thereof, hereby accept this saroe and agree to
the conditions required therein.
Dated in Dubuque, Iowa this 4th day of
January, 1993.
By /s/ Stephen C. Hanson
Presideul. Finley Hospital
Regular SessIon, January 4, 1993
Published officially in the Telegraph
Herald newspaper this 8th day of January,
1993.
Mary A. Davis CMC
It 1/8 City Clerk
Council Member Krieg moved final
adoption, as aroended, of the Ordinance.
Seconded by Council Member Nicholson.
Carried by the followiug vote: Yeas-Mayor
Brady, Conncil Members Deich, Klnesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
BOARDS AND COMMISSIONS
Human Rights Commission
One unexpired term which will expire 1-
1-94 (Term of Rebecca Robbins); 33-Year
terms which will expire 1-1-96 (Terms of
Clayton, Sutton & ReisdorI); Total of 4
Vacancies.
Applications: Karla Braig, Thomas
Churchill, Kim Swift Qayton, Mary Hnff,
Terry Reisdorf, Robert Spagnola, Ruby
Sutton, Laura Woodman,
Kim Clayton, Terry Reisdorf, Sr. and
Ruby Sutton spuke requesting reappoinlrnent.
Vote on the appointments was as foliows:
Mayor Brady voted for Clayton, Reisdorf,
and Sntton. Council Member Deich voted
for Qayton, Reisdorf, and Spagnola.
Council Member Kluesner voted fo< Braig,
Clayton, and Sntton. Council Member Krieg
voted for Bralg, Qayton, and Suttoo.
Council Member Nagle voted for Qayton,
Reisdorf and Suttoo. Conncil Member
Nicholson voted fur Braig, Clayton, and
Sutton. Council Member Voetberg voted for
Braig, Qayton and Sutton.
Therefore, Karla Braig ap¡xinted and Kim
Clayton and Ruby Sutton reappointed to the
Human Rights Comm. for three year terms
which will expire 1-1-96.
Second vote to fill the unexpired term:
Mayur Brady voted for Reisdorf. Council
Member Deich voted for Reisdorf. Council
Member Kluesner voted for Spagnola.
Council Member Krieg voted fo< Spagnola.
Conncil Member Nagle voted for Spagnola.
Council Member Nicholson voted for
Spagnola. Conncil Member VoetbeIg voted
for Woodman. Therefore, Robert Spegnola
appointed for a one year term which will
expire 1-1-94.
Petition of Jim Walters requesting to
address Council regarding concerns over the
decision to discontinue "ice" at the Civic
Center; petition of Cary Eades,
Coach/General Manager of Dubuque
Fighting Saints requesting to address the
Council regarding proposed elimination of
ice at the Five Hags Center and increase in
ice usage fees and communieariou of Victor
Schnúdl. Davenport, IA objecting to
4
proposed elimination of ice at Five Flags,
presented and read. Jim Walters and Cary
Eades spoke slressing the value of the ice to
the community. Council Member Krieg
moved that the petition and communications
be received and fùed and referred to Budget
Hearing in February. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Council recessed at 8:40 p,m. and
reconvenrA at 9;00 p.rn.
Communication of Acting City Manager
submitting revised "Animai Control
Ordinance" to include provision for fines or
penalties and petition of Richard Kennedy
from Kennedy Aquarium, reqnesting to
address the Council on the proposed changes
to the animal ordinance, presented and read.
Council Member Kluesner moved that the
communication and petition be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote; Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nays-Council
Member Deich.
Dr. Haupert fi'om The Farmacy, Jim
Stelpflug fi'om Kennedy Aquarium and Dr.
Neumeister spoke supporting the propused
Ordinance.
An Ordinance repealing certain sections
of Chapter 7 and enacting in lieu thereof
new sections to Ch. 7 regarding the Animal
Ordinance, first reading only given at
meeting of 12-21-92, presented for further
action. Council Member Kluesner moved
that this be considered the second reading
only of the Ordinance. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Councll
Members Kluesner, Krieg, Nagle, Nicbolson,
Voetherg. Nays-Council Member Deich.
Communication of Council Member Krieg
requesting Staff to respond to the DNR letter
regarding the decision not to prooeed with
the DNR loan and communication of Acting
City Manager submitting Staff's response as
requested by Council Member Krieg,
presented and read. Council Member Krieg
moved that the communications be received
and filed. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
RESOLUTION NO. 1-93
Whereas, applications for Beer Permits
have been submitted and filed to this Council
5
Regular Session, January 4, 1993
for approval and the saroe have been
examined and approved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Onlinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OFDUBUQUE,IOWA:
That the Manager be authorized to cause
to be issued the following named applicants
a Beer Pemtit.
CLASS "C" BEER PERMIT
Iowa Potato & Produce House, Inc.
Snnday Sales 2600 Dodge
Iowa on Co. lOCO Speede Shoppe
Sunday Sales 3200 Central
Passed, approved and adopted this 4th day
of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoptioo of the Resolution. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
RESOLUTION NO, 2-93
Whereas. applications fur Liquor Licenses
have been submitted to this Council fur
approval and the saroe have been examiued
and approvnd; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, ¡OW A:
That the Manager be authorized to cause
to be issued the following named applicants
a Liqnor License.
CLASS "B" (HOTEL-MOTEL)
BEER AND LIQUOR LICENSE
WCB Hotels, Inc. Hoffman House Rest!
3100 Club Sunday Sales 3100 Dodge
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Michaei I. Weber Mike's Ten Pin Tap
Sunday Sales 601 Rhomberg
Phillip R. Love The Lounge
Sunday Sales 481 Locust
Passed, approved and adopted this
4th day of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved
adoption of the Resolntion. Seconded by
Councll Member Nagle. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Klnesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
Communication of Acting City Manager
approving request of Richard J. & Alice R.
Kelly to vacate an ntility easement in Sunset
Park Seventh Addition, presented and read.
Council Member Voctberg moved that the
communication be received and filed.
Seconded by Council. Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
RESOLUTION NO. 3-93
RESOLUTION APPROVING PLAT
TO VACATE THE WESTERLY
FOUR FEET OF A 10 FOOT WIDE
UTILITY EASEMENT ALONG
THE EASTERLY LINE OF LOT 21
OF BLOCK 1 OF SUNSET PARK
SEVENTH ADDITION IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa,
a plat dated December 1, 1992, prepared by
IIW Eugineers & Snrveyo<s, P.C., describing
vacating the westerly four feet of a 10 foot
wide utility easement along the easterly line
of Lot 21 of Block I ofSnnsetPark Seventh
Additioo in the City of Dubuqne, Iowa; and
Whereas, said plat conforms to the laws
and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated December
I, 1992 prepared by IIW Engineers &
Snrveym, P.C., relative to the real estate
hereinabove described be and the same is
hereby approved, and the Mayor and City
Clerk be and they are hereby authorized and
directed to execute said plat for and on
behalf of the City of Dubuque, Iowa.
Section 2 That the City Clerk be and is
hereby anthorized and directed to file said
plat and certified copy of this resolution in
the office of the Reconler, in and for
Dubuque County, Iowa.
MINUTES SUBMITTED -- Five Flags
Commission of 11-16; Handicapped Parking
Review Committee of 12-16; Housing Code
Appeals Botnd of 12-15; Library Board of
Trustees of 12-17, presented and read.
Council Member Voetberg moved that the
minutes be received and filed. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
Regular Session, January ~9~..~___--~
Passed, approved and adopted this 4th day
of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Council Mcmber Nagle. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
RESOLUTION NO. 4-93
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST AND
V ACA TE THE WESTERLY FOUR
FEET OF A 10 FOOT WIDE
UTILITY EASEMENT IN BLOCK
1 OF SUNSET PARK SEVENTH
ADDITION
Whereas, Richard J. & Alice R. Kelly are
the current owners of Lot 21 of Block I of
Snnset Park Seventh Addition in the City of
Dubnque, Iowa; and
Wheress, Richard J. & Alice R. Kelly
have petitioned to vacate the westerly four
feet of a 10 foot wide ntility easement in
said lot
NOW, THEREFORE, BE IT RESOLVED
BY TIm CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque,
Iowa intends to dispuse of its interest and
vacate the westerly four feet of a 10 foot
wide utility easement in Lot 21 of Block I
of Sunset Park Seventh Addition in the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is
hereby authorized and directed to cause a
notice to be published as prescribed nnder
Section 364.7 Code of Iowa, 1989 or as
aroended.
Passed, approved and adopted this 4th day
of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution and further set it
for Public Hearing on January 18, 1993 at
7:30 p.m in the Public Lihrary Auditorium
and direct the City Clerk to publish notice in
the manuerprescribed by law. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
NOTICES OF CLAIMS/SUITS -- Todd
Carr by Tom Carr, in the aroount of
$1075.00 for vehicle damages; Joseph P.
Kemp hy Margaret Kemp, in amount of
$32.91 for property damages, presented and
read. Council Member Voetberg moved that
the claims and suits be referred to the Legal
Stall fo< investigation and reporL Seconded
by Council Member Nagle. Carried by the
following vote: Yeas-Mayo< Brady,
Council Members Deich, Kluesner, Krleg,
Nagle, Nichol,on, Voetherg. Nays-.Noue.
Communications of COIporation Counsel
advising of referrals of following claims to
Crawford & Company, the agent for the
Iowa Communities Assurance Pool; Personal
injury of Michael Arthofer; Sewer Backup of
Ron & Ann Burds; Sewer Backups of Mary
Lou Ehlert; Sewer backup of Kelly & Kim
Noei; Car daroage of Milwaukee Insurance
for Ms. Barb Robinson; Sewer backups of
Wm & Parricia Schiesl, presented and read.
Council Member Voetberg moved that the
commuuication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote; Yeas-Mayor
Brady, Couucll Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetherg.
Nays-None.
Commuuication of Acting City Manager
submitting Financial reports for November,
1992, presented and read. Council Member
Voetberg moved that the communiearions be
received and filed. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Communication of Jeff Mozena,
Chairperson Long Range Planning
Commission informing Council of their wurk
regarding planning for the City's urban
fringe areas on investigating eXb'aterritorial
zoning jurisdiction, presented and read.
Council Member Voetberg moved that the
commuuication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
7
Krieg, Nagle,
Nays-None.
Voetberg.
Regular Session, January 4, 1993
"---
Nicholson,
Communication of Corpuradon Counsel
snbmitting an opinion to be filed with the
Federal Transit Administration, U.S. DOT, in
connection with the applications of the City
. for financial assistanoe purauant to the
provisions of Section 9 of the Federal
Transit Act for planning, capital and
operating assistanoe projects, preaented and
read. Councll Member Voetberg moved that
the communication be received and filed.
Seconded by Conncil Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Communication of City Solicitor advising
that the City has achieved "substantial
equivalency" by HUD under the Fair
Housing Act of 1988, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Commnnication of Ronald J. Conrad and
Sandra J. Conrad requesting authority to
assign the taxi cab operating permit now in
the name of A-OK Yellow Cab Co., Inc. to
A-OK Shuttle Service, Inc., presented and
read. Council Member Voetberg moved that
the communication be received and filed and
reqnest approved. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
There being no forther business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas-Mayor Brady, Conncil Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None. Meeting adjourned
at 9:47 p.m
Attest:
Board of Health, January 18, 1993
CITY OF DUBUQUE
BOARD OF HEALTH
QUARTERLY
MEETING
Quarterly Session; January 18, 1993,
7:25 p.m Public Library Auditorium;
Present: Board Members Kluesner, Krieg,
Nagle, Nicbolson, Voetherg. Absent:
Chair¡x..rson Brady, Board Member Deich.
Viae Chair¡>erson Krieg read the call and
stated this is the Qnarterly Session of the
Board of Health called fo< the purpose to act
upon such business which may properly
come before the Conncil.
There being no business to call before the
Board at this time, Board Member Voetberg
moved to adjourn the meeting. Seconded by
Board Member Nicholsou. Carried by the
following vote: Yeas-Vice Chair¡>erson
Krieg, Board Members Kluesner, Nagle,
Nicholson, Voetberg. Nays-None.
Abaent-Chairperson Brady, Board Member
Deich. The meeting adjourned at 7:28 p.m.
Mary A. Davis CMC
Secretary, Board of Health
8
Attest:
"
¿,?
9
Regular Session, January 18, 1993
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, January 18, 1993;
Councll met at 7:30 p.m., Public Library
Auditorinm;
Preaent: Councll Members Kluesner,
Krieg, Nagle, Nicholson, Voetberg, City
Manager Michael Van Milligen, Corporation
Counsel Barry A. Lindshl. Absent: Council
Member Deich. Absent at Roll Call: Mayor
Brady.
Mayor Pro-tern Krieg read the call and
stated this is the Regular Meeting of the City
Council called for the purpose to act upun
such busiuess which may properly corne
before the Council.
Invocation was given by Rev. Kenneth
Helmke, Director of Business II< Hnance,
Wartburg Theological Seminary.
Council Member Voetberg moved that the
rules be suspended to allow anyone present
to address the Council. Seconded by
Council Member Kluesner. Carried by the
following vote: Yeas-Mayor Pro-Tem
Krieg, Council Membera Kluesner, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Procf of Publication certified to by the
Publisher on Notice of Public Hearing to
consider dispusing of City's interest and
vacating an utility easement to Richard J.
and Alice R. Kelly, presented and read.
There were no written objections received
and no ""al objectors present at the time of
the Hearing. Council Member Nagle moved
that the proof of publication be received and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Pro-Tem Krieg, Council
Members Kluesner, Nagle, Nicbolsoo,
Voetberg. Nays-None. Absent-Mayor
Brady, Council Member Deich.
RESOLUTION NO. 5-93
Whereas, pursnant to resolution and
published notice of time and place of
hearing, published in the Telegraph Herald,
a newspaper of general circulation, publisbed
iu the City of Dubuque, Iowa on the 8th day
of January, 1993, the City Conncil of the
City of Dubuque, Iowa met on the 18th day
of January, 1993, at 7:30 p.m in the Pnblic
Library Auditorinm, II th and Locust,
Dubuque, Duboque County ,Iowa to consider
the proposal for the sale of real estate
described IIIi:
The westerly four feet of a 10 foot wide
ntility easement along the easterly line of
Lot 21, Block I of Sunset Park Seventh
Addition in the City of Dubuqne, as
shown on the plat filed April 16, 1992
recorded as inslrument #5438-92 iu the
office of the Recorder of Dubuque
County
Whereas, the City Council of the City of
Duboque, Iowa ovelTuled any and all
objectioos, oral "" written, to the proposal to
dispose of interest of the City of Dnbnque,
Iowa in the hereinabove described real
estate.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF um CITY
OF DUBUQUE, IOWA:
Section 1. That the dispusal of interest of
the City of Dubuqne, Dubuque County, Iowa
in real property described as the westerly
four feet of a 10 foot wide utility easement
along the easterly liue of Lot 21, Block I of
Snnset Park Seventh Addition in the City of
Dubuque, Iowa be and the saroe is hereby
approved for the cost of publication and
filing fees.
Section 2 That the Mayor be authoriznd
and directed to execute a Release of
Essemen~ and the City Clerk he and is
hereby authoriznd and directed to deliver
said Release to Richard J. II< Alice R. Kelly
upon receipt of the above fees.
Section 3. That the City Clerk be and is
hereby authoriznd and directed to record a
certified copy of this resolution in the office
of the City Assessor, Dubuque Connty
Recorder and the Dubuque County Treasurer.
Passed, approved and adopted this 18th
day of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the
following vote: Yeas-Mayor Pro-Tem
Krieg, Council Members Kluesner, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Deich.
Mayor Brady entered the Chambers at
7:38 p.m
seconds West along the easterly right-of-
way line ofCedarCl'O6s Road, 46.07 fee~
thence South 62 degrees 2S minutes 54
secondo Eas~ 224.57 fee~ thence North
27 degrees 34 minutes 06 secoods Eas~
295.77 feet to a point on the northerly
line of said Lot I of 2 of 3 of 3 of
Mineral Lot 231; thence westerly along
said northerly line the fullowing two (2)
courses; North 61 degrees 32 minutes 48
seconds Wes~ 46.85 fee~ South 62
degrees OS minutes 51 seconds Wes~
146.33 fee~ thence North 56 degrees 23
minutes 44 seconds Wes~ 75.32 feet to a
point on the afO<esaid easterly right-of-
way liue of Cedar Cross Road; thence
South 33 degrees 42 minutes 26 seconds
West along said easterly liue, 138.93 feet
to the point of beginning, containing 1.12
acres, more "" less, and to the center line
of the adjoining public right-of-way, all in
the City of Dubuque, Iowa.
Section 2. That the foregoing aroendment
has beretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Pasaed, approved and adopted this 18th
day of January, 1993.
Regular Session, JanlJ~'Y-~.!993 ---~
Proof of Publication certified to by the
publisher on Notice of Public Hearing to
reclassify property located East of Cedar
Cross Road and South of 198 Cedar CI'O6S
Road from AG to CS Distric~ presented and
read. Council Member Voetberg moved that
the proof of publication be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicbolsoo, Voetherg. Nays-None.
Absent-CounciI Member Deich.
Steve Ulstad, Architect 00 behalf of Ace
Muffler, spoke requesting adoptioo of the
Ordinance.
An Ordinance amending Zoning
Ordinance by reclassifying property located
East of Cedar CI'O6S Road and South of 198
Cedar Cross Road from AG Agricultural
District to CS Commercial Service and
Wholesale Dislric~ first reading ooly given
at meeting of 12-21-92, presented f"" further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 2-93
AN ORDINANCE OF TIlE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, lOW A, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF
TIlE CITY OF DUBUQUE, IOWA,
FOR HEREINAFTER DESCRIBED
PROPERTY LOCATED EAST OF
CEDAR CROSS ROAD AND
SOUTH OF 198 CEDAR CROSS
ROAD FROM AG
AGRICULTURAL DISTRICT TO
CS COMMERCIAL SERVICE AND
WHOLESALE DISTRICT.
NOW THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the Code of Ordinances
of the City of Dubuque, Iowa be aroended
by revising Appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque, Iowa, to reelassify hereinafter
described property from AG Agricultural
District to CS C",,"mercial Service and
Wholesale Distric~ to wit:
A lract of land lying within Lot I of I of
Mineral Lot 231, Lot I of 2 of 3 of 3 of
Mineral Lot 231, and Lot I of 4 of
Mineral Lot 231 and being more
parricularly described as follows:
beginning at the most westerly comer of
said Lot I of I of Mineral Lot 231;
thence South 33 degrees 42 minutes 26
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 22nd day of January,
1993.
Mary A. Davis CMC
It 1f22 City Clerk
Council Member Voetberg moved that
this be considered the aecond reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council meetings prior
to the meeting at which it is to be finally
adopted be suspended and forther moved
final adoption of the Ordinance. Seconded
by Couocil Member Nagle. Carried by the
following vote: Yeas-Mayor Brady,
Councll MembeR Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Council Member Deich.
Procf of Publication certified to by the
Publisher on Notice of Pnblic Hearing to
reelassify property at 1320 Locust Slreet
from OR to OC Distric~ presented and read.
There were no written objections received
and no ""al objectors present at the time of
the Hearing. Council Member Naøle moved
that the proof of publication be received and
filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Membera
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
11
Regular Session, January 18, 1993
Nays-None. Absent-Council Member
Deich.
An Ordinance aroending Zoning
Ordinance by reclassifyiug property located
at 1320 Locust Slreet from OR Office
Residential District to OC Office
Commereial Distric~ presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 3.93
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, lOW A, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF
THE CITY OF DUBUQUE, IOWA.
BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1320
LOCUST STREET FROM OR
OFFICE RESIDENTIAL DISTRICT
TO OC OFFICE COMMERCIAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Cnde of Ordinances
of the City of Dubuque, Iowa be aroended
by revising Appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque, Iowa, to reclassify hereinafter
described property from OR Office
Residential District to OC Office
Commercial Distric~ to wit:
The South 1/5 of City Lot 476, and to
the center line of the adjoining public
right-of-way, all in the City of
Dnboque, Iowa.
Section 2. That the foregoing amendment
has beretofore been reviewed by the Zoning
Commission of the City of Duboque, Iowa.
Passed, approved and adopted this 18th
day of January, 1993.
Jaroes E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Publisbed officially in the Telegraph
Herald newspaper this 22nd day of January,
1993.
Mary A. Davis
11 1(22 City Clerk
Council Member Nagle moved final
adoptioo of the Ordinance. Seconded by
Council Member Voetberg. Carried by the
following vote: Yeas-Mayor Brady,
Council Membem Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-Nooe.
Absent-Council Member Deich.
Procf of Publication certified to by the
Publisher on Notice of Public Meeting on a
petition by owners Robert F. Schiessl,
individually, and Barbara Block, as Trustee
of the Christina Schiessl Irrevocable Trust,
selling to Edward D. Tschiggfrie, as bnyer,
to voluntarily annex property to the City of
Dubuque; communication of City Manager
recommending acceptance of annexation; and
commnrtication of Attorney Gary Norby, on
behalf of Mr. Tschiggfrie, objecting to
wonling of 4th "Whereas" in Resolution and
being of opinion that his client does not need
to sign acceptance to Resolution, presented
and read. Councll Member Krieg moved
d.at the proofs and commnrtications be
received and filed. Secooded by Council
Member Nagle. Carried by the following
vote: Yeas-Councll Membera Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-Mayor Brady. Absent-Council
Member Deich.
Attorney Gary Norby, on behalf of Ed
Tschiggfrie, and Attorney Charles Jacobs,
representing Schiessl's, spoke requesting
favorable action.
RESOLUTION NO, 6-93
A RESOLUTION ANNEXING LOT
1 OF: SOUTH WEST 1/4 OF
SOUTH WEST 1/4 OF SOUTH
EAST 1/4 AND OF SOUTH HALF
OF SOUTH EAST 1/4 OF SOUTH
WEST 1/4, SECTION 10,
TOWNSHIP 89 NORTH, RANGE 2
EAST OF THE 5TH p,m, IN
DUBUQUE COUNTY,IOWA.
Wbereas, Robert F. Schiessl, Barbara
Block as IrUStee for the Christina Schiessl
Irrevocable Trust and Edward D.
Tschiggfrie, as owners of an area
approximately 14 acres in size lyiug
immediately adjacent to the City of Dubuque
Iowa, have voluntsrily petitioned for
annexation of said territory to the City of
Dubuque; and
Wbereas, Chapter 368 of the Code of
Iowa authorizes the exwnsion of city limits
in situations of this character by the adoption
of a resolution and the approval of the City
Development Board; and
Whereas, the future growth and
development of the City of Dubuque, Iowa,
make it desirable that said territory be made
part of the City of Dubuque, Iowa; and
Whereas, it is the intent of the City
Council and the above-named petitionera that
this annexatioo shall in no way interfere or
conflict with the successful completion of the
planned Northwest Arterial extension.
-~. -~. -~- ~~~ ~-~ . . . ~~,~ "~'"~~~'~'~"'--'"
Regular Session, January 18. 1993
12
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Section 1. That the territorial limits of
the City of Dubnque, Iowa, be and they are
hereby extended to inclnde the area
comprising the following described real
estate to wit:
Lot I of: sonth west 1/4 of sooth west 1/4
of south east 1/4 and of south half of
sonth east 1/4 of sonth west 1/4, Section
10, Township 89 North, Range 2 Esst of
the 5th p.rn. in Dubuque County, Iowa.
The property to be annexed is shown on the
attached map marked Exhibit 1.
Section 2. That the territory hereby
annexed shall become a part of the Second
Ward, Eleventh Precinct of the City of
Dubuque, Iowa.
Section 3. That the City Cierk be and she
is hereby authorized and directed to submit
a certified copy of this Resolution and the
necessary supporting dccnmentation to the
City Development Board in aecordance with
provisions of Chapter 368 of the Code of
Iowa.
Passed, approved and adopted this 18th
day ofJanuary, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF RESOLUTION
NO. 6-93
We, the uodersigned, Robert F. Schiessl,
owner, Barbara Block, Irnstee of the
Christina Schiess! Irrevocable Trus~ and
Edward D. Tschiggfrie, contract purchaser,
having read the terms and conditions of
Resolution No. 6-93 and being familiar with
the conditions thereof, hereby accept the
same.
Dated in Dnbuque, Iowa, this 19 day of
January, 1993.
By IslRobert F. Schiess!
owner
By Isl Barbara Block, Irnstee
Christina Schiessl Irrevocable Trust
By (Not Signed)
Edward D. Tschiggfrie
contract purchaser
Council Member Krieg moved adoplion
of the Resolutioo. Seconded by Council
Member Nagle. Carried by the following
vow: Yeas--{;ouncil Membera Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-Mayor Brady. Absent-Council
Member Deich.
BOARDS AND COMMISSIONS
HousInø Code or Appeals
One thnee-year term which will expire 1-
11-96 (term of J. Benuett); Applications:
Jobo 1. Bennett Council Member Kluesner
moved that John J. Bennett be reappointed to
the Housing Code of Appeals Board for a
thnee year term that will expire 1-11-96.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicbolsoo, Voetberg. Nays-None.
Absent-Council Member Deich.
Communication of City Manager
submitting aroended Animal ConUOI
Ordiuance, presented and read Council
Member Voetberg moved that the
commnrticatiou be received and filed.
Seconded by Council Member Krieg.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nays-Nooe.
Absent-Council Member Deich.
An Ordinance aruending Code of
Ordinances by repealing certain sections
of Chapwr 7 and enacting in lieu thereof
new sectioos of Chapter 7 regarding Animal
Conuol, said first reading given on 12-21-92
and second reading given on 1-4-93,
presented fo< final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 4.93
AN ORDINANCE AMENDING
CHAPTER 7, ANIMALS AND
FOWL, OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE. IOWA, BY
REPEALING SECTION 7.1
PROVIDING FOR RESTRICTIONS
ON MAINTAINING LIVESTOCK
WITHIN THE CITY AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 7.1 PROVIDING
FOR RESTRICTIONS ON
MAINTAINING LIVESTOCK
WITHIN THE CITY; BY
REPEALING PARAGRAPH (5) OF
SECTION 7.16 PROVIDING FOR
DEFINITIONS AND ADOPTING
IN LIEU THEREOF A NEW
PARAGRAPH (5) OF SECTION 7.
U PROVIDING FOR
DEFINITIONS; BY REPEALING
SECTION 7.25 PROHIBITING
RUNNING AT LARGE AND
ADOPTING IN LIEU THEREOF A
NEW SECTION 7.25
PROHffilTING RUNNING AT
LARGE; BY REPEALING
SECTIONS 7-45 THROUGH 7-49
RELATING TO REQUIRED
13
Regular Session, January 18, 1993
VACCINATIONS FOR RABIES,
AUTHORIZING CONFINEMENT,
REPORTING RABIES,
NOTIFYING POLICE OR
HEALTII OFFICER OF DEAD
ANIMALs, AND PUNISHMENT
FOR HARBORING RABID
ANIMALS AND ADOPTING IN
LIEU TIIEREOF NEW SECTIONS
7-45 TIIROUGH 7-49 RELATING
TO REQUIRED VACCINATIONS
FOR RABIES, AUTHORIZING
CONFINEMENT, REPORTING
RABIES, NOTIFYING POLICE OR
HEAL TII OFFICER OF DEAD
ANIMAl,s, AND PUNISHMENT
FOR HARBORING RABID
ANIMALS; BY REPEALING
SECTIONS 7-75 TIIROUGH 7.84
GOVERNING THE KEEPING OF
DANGEROUS ANIMALS AND
ADOPTING IN LIEU THEREOF
NEW SECTIONS 7-75 THROUGH
7.84 PROHIBITING THE
KEEPING OF DANGEROUS
ANIMALS AND PROVIDING FOR
THE REGULATION, SEIZURE,
IMPOUNDMENT AND
DISPOSITION OF DANGEROUS
ANIMALS.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY. COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Section I. Section 7-2 of the Code of
Ordinances of the City of DnblM ue, Iowa, is
hereby repealed and the following new
Section 7-2 is hereby adopted:
See. 7-2. Restrictions 00 maintaining
livestock within the city.
(a) No pel8on shall keep 0< maintain
within the corporate limits of the city any
pens, huildings, yards, sheds 0< enclosures
wherein any cattle, sheep or swine are
collected, kept 0< fed for commereial
purposes unless such pens, buildings, yards,
sheds or enclosures are erected, constructed
and maintained as provided in this section.
(b) All such pens, buildings, yards, sheds
or enclosures shall be erected and maintained
with floors constructed of concrete 81 least
four (4) inches thick with a smoothly
troweled wearing surface.
(c) All such concrete floors shall be
constructed so as to drain to a catch basin or
basins counected with the sanitary sewage
syslem of the city, or in the event there is no
such sewage system within 200 feet from the
property line, such catch basin or basins
shall be counected with a sewage disposal
syslem approved by the health services
division.
Section 2. Paragraph (5) of Section 7-16
of the Code of Ordinances of the City of
Dubuque, Iowa, is hereby repealed and the
following new paragraph (5) of Section 7-16
is hereby adopted:
Sec. 7-16. Definitions.
(5) "At large" includes any licensed or
unlicensed dog, cat, or livestock,
fowl ur ferret fonnd off the premises
of the owner or keeper and upon the
public Slreets, alleys, pnblic grounds
or parks within the city. A dog or
cat shall not be deemed at large if
the dog or cat is:
a. Attached to a leash of snfficient
strength and not more than ten (10)
feet in length where such leash is
held by its owner 0< keeper; or
b. Properly restorined within a motor
vehicle or honsed in a licensed
veterinarian's animal hospital; or
c. Accompanied by or at heel beside
and obedient to commands of its
owner 0< keeper; 0<
d. Restrsined on the premises of the
owner or keeper by an adequate
protective fence or by leash, cord,
chain or other similar restraint that
does not allow a dog to go beyond
the owner's or keeper's property line
ur to come into contact with anyone
outside the owner's or keeper's
property liue.
Section 3. Section 7-25 of the Code of
Ordinances of the City of DublM ue, Iowa, is
hereby repealed and the following new
Section 7-25 is hereby adopted:
Sec. 7-25. Running at large.
It shall be unlawful for any owner to
pemtit or allow a dog, cat, ferret, livestock
or fowl to run-at-Iarge.
Section 4. Sections 7-45 throngh 7-49 of
the Code of Ordinances of the City of
Dubuque, Iowa, are hereby repealed and the
following new Sections 7-45 through 7-49
are hereby adopted:
Sec. 7-45. Vaccination required.
(a) It shall be unlawful for the owner or
keeper of any domesticated species of dog or
cat to keep or maintain such animal nnless
the dog or cat shall be vaccinated against
rabies by a licensed veterinarian with a
vaccine approved by the Iowa Deparlrnent of
Agriculture and administered in accordance
with the following schedule.
Regular Session, January 18, 1993
14
Class of
~
Age of
Primary
Vaccination
(months)
~
Dogs
One year later,
triennially
thereafler
Cats
Annually.
or one year
later,
triennially
thereafter
vaccine may be
. Approved three-year
substituted.
(b) It shall be unlawful for the owner ur
keeper of any ferret to keep or maintain such
animal unless the ferret shall be vaccinated
against rabies by a licensed veterinarian with
a vaccine licensed for the use in ferrets and
administered in accO<dance with the
following schedule.
Age of
Priruary
Vaccination
(months)
Class of
Animal
Fcrret
~
Annnally
(c) Inactivated nervons tissue vaccine may
only be used in accordance with the rules of
the Iowa State Department of Agriculture.
(d) A copy of the official rabies
vaccination certificate approved by the Iowa
State Department of Agriculture shall be a
conditioo precedent to the issuance of any
license authorized by this article.
(e) Each veterinarian within the city limits
shall forward to the health services division
office by no later than the tenth of each
month a copy of each official rabies
vaccination certificate issued by the
veterinarian during the preceding month.
Sec. 7-46. Confinement authorized.
(a) The owner or keeper of any dog or cat
or other animal which has conlracted rabies,
or which has been subject to rabies, or which
has bitten or caused skin abrasioo to any
pel8on shall produce and surrender up such
dog, cat or other animal to be held in
confinement in a licensed veterinarian's
animal hospital under the sopervision of a
licensed veterinarian and in quarantine for
observation for a period of not less than ten
(10) days at the expense of the owner or
keeper of the animal.
(b) Any animal bitten 0< attaclœd by any
known mbid animal shall be quarantined
under direction of the Health Officer by
being confined and in quarantine as provided
in paragraph (a) for a minimum of ninety
(90) days.
(c) The owner or keeper of any dog 0< cat
or other animal which has bitten a person
may apply to the Health Officer to have the
animal released for the purpose of home
quarantine. HO<ne quarantine shall not be
pemtitted unless all of the following
conditioos are met:
1. The animal must have been
vaccinated against rabies a minimnro
of at least two (2) weeks prlo< to the
bite, and such vaccination mnst be
valid for at least one month after the
bite. The vacciuation certification
must bear the description of the
animal, the type of vacciue used, the
expiration of the vaccination, and the
signature of the veterinarian
administering the vaccination;
2. The anima1 must have a current City
license, if the animal is 3 months of
age or older;
3. The animal mnst not have been
running at large at the time of the
bite;
4. The animal has not previously bitten
any pel8on;
5. Prior to approval of home quarantine,
the owner 0< keeper must have the
animal examined by a veterinarian,
licensed in the State of Iowa, who
shall certify that the animal appears
to be free of rabies 0< any other
zoooosis. Such examination and
certification must be repented on the
10th day.
6. The owner or keeper must
demonstrate to the satisfaction of the
Health Officer that the owner or
keeper has the I"'oper facilities and
the ability to adequately and properly
confine the animal to the owner or
keeper's home or property during the
quarantine period. 7
The owner 0< keeper mnst agree to
immediately notify the Health Officer of
any changes in the animal's health or
dispusition, to allow representatives of the
Health Services Division to enter upun
the property and to examine the animal at
any time and to immediately take the
animal to a licensed veterinatian for
examination at any time when directed by
the Health Officer.
8. The owner or keeper mnst agree to
promptly pay all costs of veterinarian
examinations during the quarantine
period.
9. The owner 0< keeper must further
agree to immediately surrender the
animal 81 any time the Health Officer
determines th81 the home quarantine
should be temtinated, or at any time
that any provisions or conditions of
15
Regular Session, January 18, 1993
home quarantine are violated, in
which event the animal shall be put
in the custody of a licensed
veterinarian of the State of Iowa in
the City of Dubuque fo< the
remainder of the quarantine period.
10. If the Health Officer detennines at
any time that home confinement is
not appropriate for the animal,
quarantine at a veteriuary hospital
shall be ordered.
11. The person bitten, 0< if a mino<, the
person's parent or gnaniian, must
sign an acknowledgement indicating
that the persou has been advised of
the risks of rabies, that if the animal
disappears during hO<ne quarantine,
the person may have to undergo
pust-expusure rabies prophylaxis, and
that the person does not object to
home quarantine. The
acknowledgement shall also relieve
dIe City of Dnbuque, its agents,
officers, and employees from any
liability if the animal disappears
during home quarantine.
12. The owner or keeper shall also
execute an indemnity agreement in
favor of the City of Dubuque, which
shall provide that the owner or
keeper shall save hamùess, defend
and indemnify the City of Dubuque
and ita officers, agents and
employees from any or all claima of
any kind arising out of the home
quarantine.
13. The owner or keeper shall agree in
writing that if the animal disappears
during the home quarantine, the
owner or keeper shall pay as
liquidated damages to the person
bitten the snm of Two Hundted
Dollars ($200) and shall also
indemnify the person bitten for any
and all medical expenses incurred as
a result of the disappearance of the
animal. Aoceprsnce of any such
payments by the person bitten shall
not in any way release the owner or
keeper from any other liability the
owner may have to the person bitten
by reason of the animal bite. It shall
be the sole responsibility of the
person bitten, and not the
respunsibility of the City, to enfO<ce
such agreement This paragraph
shall not apply if the persoo bitten is
the owner 0< keeper of the animal or
any person residing with the owner
or keeper.
(d) If an undomesticated or wild animal
such as a akunk, hat, fox, nu:coon 0< other
carnivO<e bitea a person, whether or not the
animal's owner or keeper is known, the
animal shall be humanely destroyed and
examined for rabies immediately.
See. 7-47. RepŒÛng rabies; notice to
health officer.
(a) It shall be the duty of the owner or
keeper of any cat, dog 0< other domesticated
animal suspected of being rabid that has
attacked, bitten 0< cansed any skin abrasion
upon any person to report such incident to
the health officer.
(b) It shall be the dnty of any physician
or veterinarian immediately to transmit
infO<matlon to the health officer that may
come to such physician or veterinarian
through such physician's or veterinarian's
professional capacity with reference to any
person having been attacked, bitten or having
skin abrasions by any dog, cat or other
domestic animal.
Sec. 7-48. Notification to police 0< health
officer of dead animals.
Any person finding a dead dog or cat
shall at once notify the pulice deportment or
health services division.
Sec. 7-49. Punishment for harboring
known rabid dng, cat or other domestic
animal.
Any person or keeper who shall
knowingly harbO< or kcep any dog, cat or
other animal infected with rabies, or with
knowledge that their animal was bitten by a
rabid animal, fails to report such incident to
the health services division or police, shall
be punished as provided in section 1-8 of
this Code.
Section 5. Sections 7-75 through 7-84 of
the Code of Ordinances of the City of
Dubuque are hereby repealed and the
following new Sections 7-75 through 7-84
are hereby adopted:
ARTICLE UI. DANGEROUS ANIMALS
Sec. 7-75. Definitions.
Unless otherwise expressly stated or the
context clearly indicates a different intention,
the following terms shall, fΠthe purpose of
this article, have the meanings in this
section.
Board of health means the hoard of health
of the City of Dnbuque, Iowa.
City means the City of Duboque.
City manager, chief of police, city clerk,
and health services officer mean
those employees of the City of
Dubuque duly appointed and holding
those pusitions.
Dangerous animal means:
(I) Any animal which is not naturally
tame 0< gentle, and which is of a
wild nature or disposition, and wIúch
is capable of killing, inflicting
serious injury upon, or causing
disease among, human beings or
Regular Session, January 18, 1993
16
domestic animals and having known
tendencies as a species to do so;
(2) Any animal(s) declared to be
dangerous by the board of health or
the city manager or the city
manager's designee; ur
(3) The following animals which shall be
deemed to be dangerous animals per
se:
a.
Lioos, tigers, jagnara, leopards,
cougars, lynx and bubcats;
b. Wolves, coyotea and foxes;
c. Badgers, wolverines, weasels,
skunks and mink;
d. Raccooos;
e. Bears;
f. Mookeys and chimpanzees;
g. Alligators and crocodiles;
h. Sca-pioos;
i. Snakes that are venomous or of
the Family: Boidae;
j. Gila moosters; and
k. Any cross breed of such animals
which have similar
characteristics of the animals
specified above.
Health services division means the health
services division of the City of Dubuque.
Sec. 7-76. Dogs, Cats exempted.
The provisions of this article shall not
apply to domestic dogs or cats.
Sec. 7-77. Keeping of dangerous animals
prohibited.
No persoo shall keep, shelter, or harbor
for any purpose within the City of Dubuque
a dangerous animal except as provided in
sections 7-78 through 7-82 of this arricle.
Sec. 7-78. Dangerous animals,exceptions.
The prohibition contained in section 7-71
and the licensing provisions of section 7-79
of this Cnde shall not apply to the keeping
of dangerous animals in the following
circumstances:
(I) The keeping of dangerous animals in
a public zoo, bona fide educatiooal
or medical institution, humane
society, or museum wbere they are
kept as live specimens fo< the public
to view, 0< for the purpose of
inslruction, research or stody;
(2) The keeping of dangerous animals
for exhibition to the public by a bona
fide traveling circus, carnival, exhibit
or show licensed to perfŒm in the
city;
(3) The keeping of dangerous animals in
a bona fide, licensed veteriuary
hospital for Ireatmen~
(4) The keeping of dangerous animals by
a wildlife rescue Œganization with an
appropriate pennit from the Iowa
Conservatioo Commissioo;
(5) Any dangerous animals under the
jnrisdictioo of and in the possession
of the Iowa Conservation
Commission, pursuant to Chapter 109
or I09A of the Iowa Code; or
(6) A bona fide commercial pet shop
licensed and inspected by the Iowa
Department of Agriculture. Any
such pet shop shall post, in a
conspicuous place, the following
notice:
NOTICE
Section 7-71 of the City of Dubuque
Code of Ordinances prohibits the keeping,
sheltering or harboting for any purpose
within the City of Dubuque, any
dangerous animal, as delined in Section
7-75. Dangerous animal inclndes but is
not limited to the following:
Lioos, tiger, jaguars, leopards, cougars,
lynx and bobcats;
Wolves, coyotes and foxes;
Badgers, wolverines, weasels, akunks and
mink;
Raccooos;
Bears;
Mookeys and chimpanzees;
Alligators and crocodiles;
Sca-pioos;
Snakes that are venŒOOUS or of the
Family: Boidae;
Gila moosters; and
Any cross breed of such animals that
have siml1ar characteristics of the
animals specified abuve.
Sec. 7-82. Keeping of dangerous animals
regulated.
(a) Any person keeping, sheltering or
harboring a dangerons animal shall at all
times kcep such animal securely confined
within a cage 0< other enclosure approved by
the health services officer.
(b) No person keeping, sheltering or
harboring a dangerous animal shall permit or
allow such animal to enter upon or traverse
any public property, park property, public
right-of-way, or any business establishment
licensed by the City of Dubuque, or the
property of another except when such animal
is being uanspO<ted while caged 0< confined.
(c) It shall be the duty of the animal
keeper, sbelterer or harborer to report to the
health services division/police department
when any dangerous animal is found
missing.
(d) No person shall keep, sbelter or harbor
a dangerous animal which has demonstrated
a propensity without provocation to attack or
bite.
17
Regular Session, January 18,_1993
Regular Session, January 18, 1993
18
See. 7-g3. General prohibition uuI duty.
No penon shall aid er cauae any
dangerous ardmal, whether owned by such
person or oo~ to escape confinement or
impoundmen~ whether such confinement or
impoundment be upoo such penon's
property or that of another by openlng any
gate, door or window or moking any opening
of any fence, enclosure or structure or by
unleashing such animal.
See. 7-84. Seizute, impoundment and
dispusition of dangerous animals.
(a) In the event that a dangerous animal is
found at large upun public property, park
property, pnblic right-of-way, or the property
of someone other than its keeper, harbe<er or
shelten:r thereby creating a hazard to person
or property, such animal may, in the
discretion of the health services officer "" the
health services officer's designee, er the
chief of police, be desuoyed if it cauoot be
confined er captured. The city sha11 be
nnder no duty to attempt the confinement or
capture of a dangerous animal found at large,
nor shall it have a duty to ootify the keeper,
harborer, or shelterer of such animal pri"" to
ita destruction.
(b) Upon the complaint of any individnal
that a penon is keeping, sheltering, or
harboring a dangerous animal on premises in
the city in violation of sections 7-77, 7-82,
7-83 er that a person is keeping, sheltering
or harboring a dangerous animal which has
demonstrated a propensity to attack er bite
withont provocation, the health services
officer shall cause the matter to be
investigated. and if after investigation, the
facts indicate that the person named in the
complaint is keeping, sheltering or harboring
a dangerous animal in the city, the health
services officer shall order the person named
in the complaint to safely remove such
animal from the city, permanently place the
animal with an organization or group
allowed under section 7-78 of this Code to
possess dangerous animals, or desuoy the
animal, within three (3) days of the receipt
of such O<der. Such order shall be contained
in a notice to remove the dangerous animal,
which notice shall be in writing and
delivered personally or by certified mail to
the person keeping, sheltering or harboring
the dangerous animal. Such order uuI notice
to remove the dangerous animal shall oot be
required where the health services officer
determines that such dangerous animal has
previoualy caused seri"", physical harm or
death to any penon in which case the health
services officer shall cauae the animal to be
immediately seized and impounded or killed
if seizure and impoundment are not possible
without risk of serious physical harm or
death to any person.
(c) The order to remove a dangerous
animal issued by the health services officer
may be appealed to the hoard of health. To
appeal such order, written notice of appeal
stating the grounds for the appea1 must be
filed with the city clerk within three (3) days
after receipt of the ""der and notice to
remove the dangerous animal. Failure to file
such written notice of appeal shall constitute
a waiver of the right to appeal the ""der of
the health services officer.
(I) The hearing on the appeal shall be
within fourteen (14) days of the filiug of the
notice of appeal with the City Clerk. The
hearing may be continued for good canse.
(2) After such hearing, the hoard of
hcalth may affmn or reverse the ""der of the
health services officer. Such determination
shall be contained in a written decision and
shall be filed with the city clerk within three
(3) days after the hearing, or any continued
session thereof.
(3) If the hoard of health affirms the
action of the hcalth services officer, the
hoard of health shall O<der in its written
decision that the person sheltering, harboring,
or keeping such dangerous animal, remove
such animal from the city, permanently place
such animal with an organization or group
allowed under section 7-78 of this Code to
possess dangerous animals, or destroy it.
The decision and order shall immediately be
served npon the person against whom
rendered in the same manner as the notice of
removal.
(d) If the order of the health services
officer is not appealed and is not complied
with withiu three (3) days ofits issuance, the
health services officer "" the health services
officer's designee is authotized to seize and
impound such dangerous animal. If the
written decision of the hoard of health is not
complied with within three (3) days of its
issuance, the health services officer"" the
health services officer's designee is
authotized to seize and impound such
dangerous animal. An animal so seized shall
be irnpoonded for a period of seven (7) days.
(e) If at the end of the impoundment
perind, the person against whom the
decision and order of the health services
officer"" hoard of health was issued hss not
petitioned the Dubuque County District
Court fer a review of sald order, the health
services officer shall cauae the animal to be
disposed of by aale, permanently place such
animal with an organization er group
allowed under section 7-78 of this Code to
possess dangerous animals, or desUOy such
animal in a humane manner.
Section 6. This ordinance shall take effect
on publication.
Passed, approved and adopted this 18th
day of January, 1993.
James E. Brady
Mayor
Attest:
Mary A. Dnvis
City Clerk
Published officially in the rekgraph
Herald newspaper the 27th day of January,
1993.
Mary A. Davis CMC
It 1/27 City Clerk
Council Member Voetberg moved final
adoption of the Ordinance, as aroended.
Seconded by Council Member Krieg.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicbolson, Voetberg. Nays-None.
Absent-CounciI Member Deich.
A RESOLUTION Determining an area of
the City to be a blighted area, and that the
Rehabilitation, Conservation, Redevelopmen~
Development, or a combination thereof, of
such area is necesaary in the interest of the
Public Health, Safety or Welfare of the
residents of the City' designating such area
as appropriate for an Urban Renewal Project:
and adopting the aroended and restated Ice
harbor Urban Renewal District Urban
Renewal Plan f"" the Urban Renewal area
described therein, said Resolution defened
from the Councll Meeting of 10-19-92,
presented and read. Council Member
Voetberg moved that action on this
Resolution be defened to the Couocil
Meeting of 2-15-93. Seconded by Conocil
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-Noue. Absent-Council Member
Deich.
Petition of Gail Chavenelle, Chaitperson
of Foorth Slreet Peninsula Study Group
requesting a one mooth extension f"" report
from their group to February 15, 1993,
presented and read. Council Member
Voetberg moved that the petition be received
and fùed. Seconded by Couocil Member
Nagle. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Council Member
Deich.
Commtatication of Gail Nanghton,
Chairperson of Historic Preservation
Commission requesting Council authorization
to oominate four city owned properties as
landmarks, presented and read. Council
Member Krieg moved that the
commtatication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Couocil Members Kluesner, Krieg,
Nagle, Nicholsoo, Voetberg. Nays-None.
Abaent-Cooncil Member Deich.
RESOLUTION NO. 7-93
RESOLUTION AUTHORIZING
THE NOMINATION OF THE
DUBUQUE CITY HALL, THE
JULIEN DUBUQUE MONUMENT,
THE MATHIAS HAM HOUSE
AND THE SHOT TOWER AS
LANDMARKS
Wbere.., the Historic Preservation
Ordinance, adopted by the City Council on
May 21, 1990, provides for the designation
of historically, architecturally and/or
culturally significant landmarks; and
Whereas, iu recognition of their historical,
architectural and/or cultnral significauce, the
following described properties have been
placed on the National Register of Historic
Places hy the U.S. Department of the
interior: Dubuque City Hall (September 14,
1972); Julien Dubuque Monument
(November 21, 1988); Mathias Haro House
(July 19, 1976); and the Shot Tower
(November 7, 1976); and
Wbereas, the Historic Preservation
Commission believes that the designation of
these properties as landmarks would: (I)
reaffirm the historic, architectural and/or
cultural significance of each of the
structures; (2) provide for the preservation of
these properties f"" future generationa; and
(3) advance the efforts of the Commission in
the preservation and enhancement of
Duboque's historic, cultural and architectural
heritage.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL 01' THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Historic Preservation
Commission is authotized to proceed with
the nŒnination of the Dubuque City Hall,
the Julien Dubuque Monnroen~ the Mathias
Haro House and the Shot Tower as
landmarks in accordance with Section 25-6
of the Historic Preservation Ordinance of the
City of Dubuque.
Passed, approved and adopted this 18th
day of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Couocil Member Krieg moved adoption
of the Resolution. Seconded by Couocil
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
19
Nays-None.
Deich.
Absent-Council Member
Regular Session, January 18, 1993
-~~-
Communication of City Manager
requesting an applicatioo to Iowa Finance
Authority fo< development of affO<dable
houaing be refened to the Long Range
Planning CŒnrnission roc recommendation,
presented and read. Council Member Krieg
moved that the communicatioo be received
and filed and concurred with referral to the
Long Range Planning Commission.
Seconded by Councll Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nicholson, Voetberg.
Nays-Council Member Nagle.
Absent-Cooncil Member Deich.
Communication of City Manager
requesting approval of a commitment of
$350,000.00 in Housing Project Incentives
Program funds for a housing project located
at 1st & Main Slreets (Bishop's Block),
presented and read. Cooncil Member Krieg
moved that the communicatioo be r<eeived
and filed and commilrnent approved.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas--Mayor
Brady, Council Membera Kluesner, Krieg,
Nagle, Nicbolson, Voetherg. Nays-Nooe.
Absent-Cooncil Member Deich.
Communication of City Manager
recommending acceptance of Dubuque
Corporate Center Office Park and
Peunsylvania Avenue Roadway and Utility
Improvement Conlrac~ presented and read.
Council Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicbolsoo, Voetherg. Nays-Nooe.
Absent-Council Member Deich.
RESOLUTION NO. 8-93
ACCEPTING IMPROVEMENT
Whereas, the conlract for the Dubuque
Corporate Center Office Park and
PeunsyIvania Avenue Road and Utility
Improvements has been completed and the
City Manager h.. examined the wod< and
filed his certificate stating that the same bus
been completed acconling to the 1erms of the
con1ract, plans and specificatioos and
recommends it acceptance.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
Section 1. That the recommendation of
the City Manager be approved and that said
improvement be and the saroe is hereby
accepted.
BE IT FURTHER RESOLVED that the
City Treasurer he and he is hereby directed
to pay to the contracto< from Street
ConslrUction Fund in amount eqnal to the
aroount of his contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 18th
day of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas-Mayor Beady, Councll Membera
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absen¡-Council Member
Deich.
RESOLUTION NO. 9-93
FINAL ESTIMATE
Whereas, the conlract fo< the Dubuqne
Corporate Center Office Park and
Peunsylvania Avenue Roadway and Utility
Improvements has been completed and the
City Engineer has submitted his final
estimnte showing the cost thereof including
the cost of estimates, notices and inspection
and all miscellaneous costs;
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the cost of said
improvement is hereby detennined to be
$1,348,923.50 and the said amount shall be
paid from the Slreet ConslrUction Fund of
the City of Dubuque, Iowa.
Passed, approvnd and adopted this 18th
day of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A Dnvis
City Clerk
Councll Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Kluesner. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholsoo, Voetberg.
Nays-None. Absent-CounciI Member
Deich.
RESOLUTION NO. 10-93
A RESOLUTION ADOPTING TIlE
FINAL ASSESSMENT SCHEDULE
FOR DUBUQUE CORPORATE
CENTER OFFICE PARK AND
PENNSYL VANIA A VENUE
Regular Session, January 18, 1993
ROADWAY AND UTILITY
IMPROVEMENTS INCLUDING
CERTAIN INFORMATION
REQUIRED BY THE CODE OF
IOWA, SPECIFICALLY, THE
NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH
ASSESSMENTS ARE DIVIDED,
THE INTEREST ON ALL UNPAID
INSTALLMENTS, TIlE TIME
WHEN THE ASSESSMENTS ARE
PAY ABLE AND DIRECTING THE
CLERK TO CERTIFY TIlE FINAL
SCHEDULE AND TO PUBLISH
NOTICE TIlEREOF.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
That after full consideratioo of the fino!
scbeduJe of ..sessments and accompanying
plat showing the aasessments proposed to be
made for the conslrUction of the Dubuque
Cnrpurate Center Office Park and
peunsylvania Avenue Roadway and Utility
Improvements nnder contract with HŒSfield
ConslrUction, Inc. of Epworth, Iowa, which
final plat and schedule were filed in the
office of the City Clerk on the 14th day of
January 1993, that said scbedule of
assessments be and the same is hereby
approved and adopted.
That there be, and is bereby aasessed and
levied as a special tax against and npon each
of the lots, the respective sums indicated.
Provided, forther, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and
levied conditionally against the respective
properties benefitted by the improvements as
shown in the schedule, subject to the
provisioos of Sectioo 384.63, Code of Iowa.
Said assessments against said lots are hereby
declared to be in propŒÛon to the special
benefits conferred and not in excess of
twenty-five percent of the value of same.
Assessments of $50.00 or mŒe are
payable in 10 eqnal annual installments, with
interest on the unpaid balance, all as
provided in Section 384.65, City Code of
Iowa. Conditiooal deficiency ..sessments, if
any, may be levied against the applicable
property for the same period of years as the
assessments are made payable.
Assessments may be paid in full or in part
without interest at the office of the County
Treasurer, at any time within 30 days after
the date of the first publication of this notice
of the filing of the final plat and schedule of
assessments with the County Treasurer.
Unless said assessments are paid in full
within said thirty day period all unpaid
..sessments will draw annual interest
20
computed at nine percent (commencing on
the date of acceptance of the wo<k)
computed to the December 1st uext
following the due dates of the respective
installments. Each installment will be
delinquent on September 30th following its
due date on July 1st in each year. Property
ownera may elect to pay any annnal
installment semiannnally in advance.
That the City Oerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County, Iowa,
and to publish notice of said certification
once each week for two consecutive weeks
in the manner provided in Section 362.3, the
first puhlicatioo of which shall be not mŒe
than fifteen days from the date of filing of
the final schedule. The City Oerk shall also
send by certifind mail to property owners
whose J"'OperIy is subject to aasessment a
copy of said notice, and mailing to be 00 or
before the date of the second publication of
the notice, all as provided and directed by
Section 384.60 of the Code of Iowa.
Passed, approved and adopted this 18th
day of January, 1993.
Attest:
Mary A. Dnvis
City Clerk
Jaroes E. Brady
Mayor
CITY OF DUBUQUE, IOWA
DUBUQUE CORPORATE CENTER
OFFICE PARK AND PENNSYLVANIA
AVENUE ROADWAY AND UTIUTY
IMPROVEMENTS
SCHEDULE OF VALUATION AND
PROPOSED ASSESSMENTS
PENNSYLVANIA A VENUE FROM
NORTHWEST ARTERIAL TO
RADFORD ROAD
OWNERSI NET ASSESSMENT
LOT DESCRIPTION
Sullivan, Mark J. & Mama K. $2,170.86
Emhaasy Wes~ 1-2-A
Herrig, Ronald J. & Joan W. $2,382.12
Emhaasy Wes~ I-I-A
Miller, Joan I. $1,110.76
Emhaasy West Blk 111, I
Callan, Henry L. Jr. & Lois $245.44
Embussy West Blk 111, 2
T & M Inveslrnents $15.74
Emhaasy West Bik 111, 3
Nauman NurseI)', Inc. $2,564.14
I - PT 2 SE 1/4 SE 1/4 Sec. 20
T89N R2E 5PM
21
Regular Session, January 18, 1993
Regular Session, January 18, 1993
22
Nawnan Nursery, Inc. $1,712.99
Northrange Ind. Pori< Blk I,
2-1-1
Dubuque Lumber Co. $1,728.61
Northrange Ind. Pori< Blk I,
2-1-1-1-1-1
Sharkey, Charles Jr. & Carol $476.72
Nortbrange Ind. Pori< Blk I,
2-1-1-1
Mulgrew on Co. $7,432.82
Northrange Sub. III, 2-1
4155 Pennsylvania Partnership $3,082.23
portzen Conun. Pori<, I
4155 Pennsylvania Partnership $2,917.74
Portzen Conun. Pori<, 2
Luksetich, Thomas A. & Rita $2,919.15
portzen Conun. Pori<, 3
portzen, Michael E. & Sara A. $2,921.68
Portzen Comm. Pori<, 4
City of Dubuque $4,788.33
Wesunark, B (Mission
School Dr.)
Dubuque Infuturo, Inc. $8,145.51
Wesunark, C
Dubuque Infuturo, Inc. $3,922.55
Wesunark,6
Visionooe $4,428.12
Wesunark, 5
W.C.B. Development Corp. $4,082.11
Wesunark,3
W.C.B. Development Corp. $7,669.21
Wesunark, 2
W.C.B. Development Corp. $1,872.84
Wesunark, I
City of Duhoque $3,270.78
Wesunark, A (Embassy
West Dr. & Wesunark Dr.)
City of Duhoque $3,433.30
A.C. Pfohl Place, 2-2
$73,g33.75
Council Member Krieg moved adoption
of the Resolution. Secooded by Conocil
Member Kluesner. Carried by the following
vote: Yeas-Mayor Brady, Council Membera
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Council Member
Deich.
Communication of Corporation Counsel
submitting an Ordinance prescribiog
compensation of Mayor and Conncil
Membera for next four years, presented and
read. Council Member Krieg moved that the
commnnication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
Abaent-COOncil Member Deich.
An Ordinance repealing Section 2-21 of
the Code of Ordinances, and adopting in lien
thereof a new Section 2-21, providing for the
compensatioo fo< the Mayor and Council
Membera, presented and read. Conncil
Member Krieg moved that this be considered
the firat reading of the Ordinance and that it
come hack on the February 15th agenda.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas-Mayor
Brady, Counell Members Kluesner, Krieg,
Nicholson. Nays-Conocil Member Nagle,
Voetberg. Absent-Councll Member Deich.
Commnnication of Corporation Connsel
advising of Court hearing on propoaed settle-
ment between Iowa Trust Receiver and
Bankers Trust, and requesting anthority to
execute Release if proposed settlement is
approved by the Court, presented and read.
Council Member Klnesner moved that the
commnnication be received and filed and
concurred with position of AttO<ney Hanson.
Seconded by Council Member Krieg.
Carried by the following vote: Yeas-Mayor
Brady, Councll Members Klnesuer, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
Abaent-Counell Member Deich.
Passed, approved and adopted this 18th
day of January 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Mayor Brady. Carried by the following
vote: Yeas-Mayor Brady, Council Membera
Klnesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Council Member
Deich.
RESOLUTION NO. 12.93
Whereas, applications for Liquor Licenaes
have been snbmitted to this Council for
approval and the saroe have been examiued
and ap¡noved; and
Whereas, the premises to be occupied by
snch applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds.
NOW, THEREFORE,BEITRESOLVED
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 Liqno< License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Town Ciock lun, Inc. Town Ciock Inn
8th and Town Ciock Plaza
Passed, approved and adopted this 18th
day of January 1993. Jaroes E. Brady
Mayor
RESOLUTION NO. 11-93
Atteat:
Mary A. Dnvis
City Clerk
Council Member Voetberg moved
adoption of the Resolution. Seconded by
Mayor Brady. Carried by the following
vote: Yeas-Mayor Brady, CouocilMembera
Kluesuer, Krieg, Nagle, Nicholsoo, Voetberg.
Nays-None. Absent-Councll Member
Deich.
Whereas, applications for B- Permits
have been submitted and filed to this Counell
for approval and the saroe have been
examined and approved; and
Whereas, the premises to be occnpied by
such applicanta were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicauta
a Beer PenniL
Commnnication of Police Chief John
Mauss advising of his disapproval on the
application for a liquo< license to Scbruby's,
presented and read. Council Member
Voetberg moved that the commnnication be
received and filed. Seconded by Council
Member Krieg. Carried by the following
vote: Yeas-Mayur Brady, Couocil
Membera Kluesner, Krieg, Nicholson,
Voetberg. Nays-Council Member Nagle.
Absent-Council Member Deich.
A Resolutioo Granting issuance of Class
"C" Liquor License to Scbruby's, presented
and read. Council Member Voetberg moved
CLASS "C" BEER PERMIT
Iowa on Co. lOCO Speede Shoppe
Sunday Sales 1481 Dodge
to deny adoption of Resolutioo (deny under
See. 5-2(1) City Cnde of Ordinances, State
Code of Iowa 123-3(12)). Seconded by
Council Member Krieg. Carried by the
following vole: Yeas-Mayor Brady,
Council Members Kluesner, Krieg,
Nicholson, Voetberg. Nays-Conncil
Member Nagle.
Commnnication of Zoning Commission
advising of their app<oval to rezone property
located at Northeast comer of Asbury Road
and Ciarke Drive from ID to PR and
approving the Conceptnal Development Plan,
presented and read. Council Member
Kluesner moved that the communication be
received and filed. Seconded by Couocil
Member Krieg. Carried by the following
vote: Yeas-Mayor Brady, Council Membera
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Council Member
Deich.
An Ordinance aroending Zoning 0..11-
nance by rezoning property located on the
Northeast comer of Asbury Road and Clarke
Drive from ID Institutional District to PR
Planned Residential District and adopting a
Conceptual Development Plan, presented and
read. Council Member Kluesner moved that
this be consideted the first reading of the
Ordinance, and that the requirement that a
propoaed Ordinance be considered and voted
on for paasage at two Conncil meetings prior
to the meeting at which it is to be finally
adopted be suspended and forther moved that
a Public Hearing be held on the Propuaed
Ordinance 00 the 15th day of February,
1993, at 7:30 p.rn. in the Public Library
Anditorium and that the City Clerk publish
the notice in the manner prescribed by law.
Seconded by Council Member Krieg.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
Absent-Conncil Member Deich.
Commnnication of Zoning Commisaion
advising of their denial 00 request to
recIasaify property at 3219 Asbury Rd.,
presented and read. Council Member Krieg
moved that the communicatioo be received
and filed and concurred with Zoning
Commission's denial. Secooded by Couocil
Member Voetberg. Vote on the motioo was
as follows: Yeas-Councll Members Krieg,
Voetberg. Nays-Mayo< Brady, Council
Membera Kluesner, Nagle, Nicbolson.
Abaent-Council Member Deich. Motion
failed.
Penny Grote, representing Todd Spurling,
spoke requesting the Public Hearing.
An Ordinance aroending Zoning
Ordinance by Jezoning property at 3219
Asbury Road from R-I Single-Famlly
23
Regular Session, January 18, 1993
Residential District to C-I NeighbO<hood
Commereial Distric~ said Ordinance
presented if the Council chooaes to oonduct
public bearing. Council Member Kluesoor
moved that this be considered the firat
reading of the Ordinance and that it be set
for Public Hearing on February 15, 1993 at
7:30 p.rn. in the Public Library Auditorium
and that the City Clerk publish notice in the
maoner prescribed by law. Seconded by
Council Member Nagle. Carried by the
following vole: Yeas-Mayor Brady,
Conncil Members Kluesner, Nagle,
Nichnlson. Nays~onocil Membera Krieg,
Voetberg. Absent~ouncil Member Deich.
MINUTES SUBMITTED - Cable
Community Te1eprogranunIng Commission
of 1-4; Long Range Planning Commission of
12-16; Park & Recreation Commiasion of
12-8; Transit Trustee Board of 12-17;
Zoning Commission of 1-6, presented and
read. Council Member Krieg moved that the
minutes be received and filed. Seconded by
Council Member Nagle. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Council Member Deich.
Dubuque Racing Association subuútting
their 1992 andit in accO<dance with
requirement of the Lease Agreement with the
City, presented and read. Council Member
Krieg moved that the andit be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Cooncil Membera Kluesoor, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
Absent-Counci1 Member Deich.
NOTICES OF CLAIMS/SUITS --
WOOaro J. BruttanIti in estimated amount of
$60.07 fo< personal property damages;
Herrig, Feeooy & Fritz Insurance on behalf
of their clien~ Tim Mess, in amount of
$2,068.77 for vehicle damages; Robert G.
Donovan et al vs. City of Dubuque for
incurred costs for the installatioo of
sidewalks on their properties located in
Sunset Park Subdivisioo No.4; Sr. Angelica
Schultz, in unknown aroount for personal
injuries; Cheri A. ZihIke, in unknown
aroount for peraonal injuries, presented and
read Couocil Member Krieg moved that the
claims and suits be referred to the Legal
Staff for investigatioo and report. Seconded
by Councll Member Nagle. Carried by the
following vole: Yeas-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Council Member Deich.
Communication of Cnrperation Connsel
advising car damage claim of Todd Carr bas
been referred to Crawford & C"""pany, the
agent for the Iowa C",,"munities Assurance
Pool, presented and read. Council Member
Krieg moved that the communication be
received and filed. Scconded by Conncil
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-Nooo. Absent-Council Member
Deich.
Communication of Corporation Counsel
recommending settlement in amount of
$32.91 fo< mailbox damage claim of Joseph
P. Kemp and directiog Finance Director to
make proper paymen~ presented and read.
Council Member Krieg moved that the
settlement be approved and Finance Director
to issue proper check. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Kluesuer, Krieg, Nagle, Nicholson, Voetberg.
Nays-Nooo. Absent-Council Member
Deich.
Proof of Pnblication certified to by the
Publisher on Notice of filing of the final plat
and schednle of assessments against
benefitted properties for the construction of
Inwood Avenue Sanitary Sewer Extension
within the City, presented and read. Council
Member Krieg moved that the proof of
publication be received and filed. Seconded
by Council Member Nagle. Carried by the
followiog vote: Yeas-Mayor Brady,
Council Members Kluesner, Krieg, Nagle,
Nicholson, Voetberg. Nays-None.
Ahsent-CounciI Member Deich.
Procf of Publication certified to by the
Publisher 00 Notice of filing of the final plat
and schednle of assessments against
properries for 1992 Sidewalk repaim within
the City of Dubuqne, presented and read.
Council Member Krieg moved that the proof
of publicatioo be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Council Membera Kluesoor, Krieg,
Nagle, Nicholsoo, Voetherg. Nays-None.
Abaent-Cooncil Member Deich.
Proof of Publication certified to by the
Publisher on List of Claims paid fo< month
of November, 1992, presented and read.
Councll Member Krieg moved that the proof
of publicatioo be received and fùed.
Seconded by Council Member Nagle.
Carried hy the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholsoo, VlJCtherg. Nays-None.
Absent-Council Member Deich.
Regular Session, January 18, 1993
24
REFUNDS REQUESTED - Ms Pat's,
$21 I.2S on unexpited Liquor License,
presented and read. Council Member Krieg
oved that the refund be approved and
Finance Director to issue proper check.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-Nooe.
Absent~ouncil Member Deich.
Petition of Randy Stecher requesting
extension of 90 days tu provide necessary
security required fo< final plat approval of
Idlebrook Estates and c",,"munication of City
Manager recommending approval of exten-
sion reques~ presented and read. Council
Member Krieg moved that the petition and
communication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Councll Members Kluesoor, Krieg,
Nagle, Nicholson, Voetherg. Nays-None.
Absent-Council Member Deich.
RESOLUTION NO. 13-93
A RESOLUTION AMENDING
RESOLUTION 361-92 APPROVING
THE FIN AI. PLAT OF
IDLEBROOK ESTATES IN TIlE
CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the
City Clerk a final plat of Idlebrook Estates in
the City of Dubuque, Iowa; and
Whereas, said final plat has been
examined by the City Council and they have
accepted said final plat by Resolution 361-
92; and
Whereas, the City Conncil concurs in the
request for an extension of the provision of
security requested by Randall Stecher, owoor
of said property.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Section 1. That Section 3 of Resolution
361-92 is hereby amended as follows: "That
in the event the owuer shall fall to execute
the acceptance and furnish the security
provided in Section 2 of Resolution 361-92
within ninety (90) dnys after the date of the
amendment of said Resolution, the
provisions hereof shall be nniI and void and
the acceptance of the dedicatioo and
approval the plat shall not be effective.
Passed, approved and adopted this 18th
day of January, 1993.
Attest:
Mary A. Davis
City Clerk
Jaroes E. Brady
Mayor
ACCEPTANCE OF RESOLUTION NO.
13-93
I, the anderaigued, Randall J. Stecher,
having read the terms and conditions of the
Resolution No. 13-93 and being fantiliar
with the conditions thereof, hereby accept
this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this -
dnyof , 1993.
NOTE: LUTION IS NULL
ITY WAS NOT
Council Member Krieg moved adopdon
of the Resolution. Seconded by Couocil
Member Nagle. Carried hy the following
vote: Yeas-Mayur Brady, Council Membera
Kluesoor, Krieg, Nagle, Nichoisoo, Voetberg.
Nays-Nooo. Absent-Council Member
Deich.
Communication of City Manager
approving final plat of part of Esstridge
Estates, presented and read. Council
Member Krieg moved that the
communication be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesoor, Krieg,
Nagle, Nicholsoo, Voetberg. Nays-Nooe.
Absent-Council Member Deich.
RESOLUTION NO, 14-93
A RESOLUTION APPROVING
THE FINAL PLAT OF LOTS 5-9
INCLUSIVE OF BLOCK 2 AND
LOT J OF EASTRIDGE ESTATES,
ALL IN THE CITY OF DUBUQUE,
IOWA.
Whereas, there has been filed with the
City Clerk a final plat of Lots 5-9 inclusive
of Block 2 and Lot J of Esstridge Estates, all
in the City of Dubuque, Iowa; and
Wbereas, upon said final plat appeara a
slreet to be known as Foxhorough Court,
together with certain public utility and storm
sewer easements which the Owners by said
final plat have dedicated to the public
forever, and
Wbereas, said final plat has been
examined by the Zooing Commissioo and
had ita approval endorsed thereon subject the
owoor(s) agreeing to the conditioos noted in
Section 2 below; and
Wbereu, said final plat bus been
examined by the City Couocil and they find
that it oonfonns to the statutes and
ordinances relating to i~ except that no
slreets or public utilities have yet been
constructed or installed; and
25
Regular Session, January 18, 1993
Whereas, the City Council concUR in the
conditioos of approval establi,bed by the
Zoning Conunission.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OFDUBUQIJE, IOWA:
Section 1. That the dedication
Foxhorough Court, together with the
easements for public utilities, sanitary sewer
and ,term sewer as they appear upon said
final pIa~ be and the same are hereby
accepted; and
Section 2 That the plat of Lots 5-9
inclusive of Block 2 and Lot J of Eaatridge
Es_s in the City of Dubuque, Iowa is
hereby approved and the May..: and City
Clerk are hereby authorized and directed to
endorae the approval of the City of Dubuque,
low.. upon said final plat, provided the
ownera of said property herein named,
execute their written acceptance hereto
attached agreeing:
a. To reduce Foxhorongh Court to
grade and to COllltruct coocrete curb
and gutter and to hard surface with
asphaltic concrete, or with coucrete
paving with integral curb, all in
accordance with the City of Dubuque
standard specifications; all in a
manner acceptable to the City
Engineer and in conformance with
construction improvement plans
approved by the City Engineer.
b. To install sanitary sewer mains and
sewer service laler8ls into each
individnal Io~ water mains and water
service laler8ls into each individual
lo~ sterm sewers and catch basin"
boulevard ,lreet lighting and eroaion
conlrol devices all in aecO<dance
with the City of Dubuque standard
specifications and in aceordance with
construction improvement plans
approved by the City Engineer, and
inspected by the City Engineer.
c. To conslruct said improvements,
except sidewalks, within one year
from the date of acceptance of this
resolution, at the sole expense of the
subdivider, as owner, or future
owner,
d. To maintain the public
improvements, except sidewalks, for
a period of two (2) years from the
date of the acceptance of those
improvements by the City of
Dubuque, Iowa, at the sole expense
of the subdivider, as owner, or future
owner,
e. Toconslructsidewalksin-
with the requirements of Section 42-
24(e) of the City Code, specifically:
Sidewalk installation shall be the
respunsihility of the owner of the
property abutting the public right-of-
way. Tbe responsibility shall extend
to all ,uccess,,", heirs and assignees.
Sidewalk installatioo will not be
required until the development of the
lot baa been completed, except as
required herein. In sparsely
developed subdivisions, sidewalks ou
developed lots will not be required
until 50% of the lots approved by the
plat have been developed. All vacant
lots shall have sidewalks installed
upon development of 80% of the lots
approved by the plat.
And further provided that said Grand
Island Partners, as owuers of said property,
shall secure the performance of the foregoing
conditioos provided in Section 2 by
providing security in such form and with
snch sureties as may be acceptable to the
City Mannger of the CIty of Dubuque, Iowa.
Section 3. That in the event the owners
shall fail to execute the acceptance and
furnish the security provided in Section 2
hereof within forty-five (45) days after the
date of the ReaoIution, the provisions hereof
shall be null and void and the acceptance of
the dedicatioo and approval the plat shall not
be effective.
Passed, approved and adopted this 18th
day of January, 1993.
Jaroes E. Brady
Mayor
Attest:
Mary A. Dnvis
City Clerk
ACCEPTANCE OF RESOLUTION NO.
14-93
We, the undersigned, Grand Island
Partners, having read the terms and
conditions of the Resolution No. 14-93 and
being fanùliar with the conditions thereof,
hereby accept this saroe and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 26th day of
January, 1993.
GRAND ISLAND PARTNERS
By /sI Robert E. Klauer
To: Mary A. Davis
City Clerk
This is to certify the proper security
required for the above Resolution No. 14=03
has been filed.
Dated at Dnbuque, Iowa, this 26th day of
February, 1993.
Michael C. Van Milligen
City Manager
Council Member Krieg moved adoption
of the Resolution. Seconded by Conncil
Member Nagle. Carried by the following
Regular SesSion, January 18, 1993
vote: Yeas-Mayor Brady, Connc11 Members
Kluesner, Krieg, Nagle, Nicbulsoo, Voetberg.
Nays-None. Absent-Council Member
Deich.
Communication of CIty Mannger
approving final plat of Embassy West No.2,
presented and read. Council Member Krieg
moved that the communicatioo be received
and filed. Seconded by Council Member
Nagle. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Council Member
Deich.
RESOLUTION NO, 15.93
A RESOLUTION APPROVING
TIlE FINAL PLAT OJ' BLOCK 1,
LOTS 13 THROUGH 15, BLOCK 4,
LOTS 17 THROUGH 21 AND
BI.OCK 5, LOTS 21 THROUGH 2g
OF EMBASSY WEST NO.2 IN
THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the
City Clerk a final plat of Block I, Lots 13
through 15, Block 4, Lots 17 through 21,
and Block 5, Lots 21 throngh 28 of Embassy
West No.2 in the City of Duboque, Iowa;
and .
Whereas, upon said final plat appear
slreet(s) to be known as Camelot Drive and
Embussy West Drive, together with certain
public utility and sterm sewer easements
which the Owners by said final plat have
dedicated to the public forever, and
Whereas, said final plat bas been found to
be in compliance with the prelhninary plat
approved by the Zoning Commission and
had its approval endorsed thereon subject the
owner(s) agreeing to the conditioos noted in
Section 2 below; and
Whereas, said final plat has been
examined by the City Council and they find
that it conforms to the statutes and
ordinances reiating to i~ except that no
streets or public utilities have yet been
constructed or installed; and
Whereas, the City Council conCIIIS in the
cOnditions of approval establisbed by the
Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OFDUBUQUE,IOWA:
Section 1. That the dedications of Lot B
(Camelot Drive and Embassy West Drive),
together with the easements for public
utilities and storm sewer as they appear upun
said final pla~ be and the saroe are hereby
accepted; and
Section 2. That the final plat of Block I,
Lots 13 through 15, Block 4, Lots 17
through 21, and Block 5, Lots 21 throngh 28
26
of Emhnsay West No.2 is hereby approved
and the MaY"" and City Clerk are hereby
authorized and directed to endorse the
approval of the City of Dubuqne, Iowa, upon
said final pla~ provided the owners of said
property herein named, execute their written
acceptance hereto attached agreeing:
a. To reduce Caroelot Drive and
Embussy West Drive to grade and to
construct concrete curb and gutter
and to hard surface with asphaltic
concrele, or with concrete paving
with integral curb, all in acco<dance
with the City of Dubuque standard
specifications; all in a manuer
acceptable to the City Engineer and
in cooformance with construction
improvement plans approved hy the
City Engineer.
b. To install sanitary sewer mains and
sewer service laterals into each
individual lot, water mains and water
service laterals into each individual
lo~ sterm sewers and catch busins,
boulevard slreet lighting and eroaion
conlroI devices all in 8CCO<dance
with the City of Dubuque standard
specifications and in aceordance with
construction improvement plans
approved by the City Engineer, and
inspected by the City Engineer.
c. To conslruct said impl"ovements,
except sidewalks, prio< to ooe year
from the date of acceptance of this
resolution, at the sole expense of the
subdivider, as owner, or future
owner,
d. To maintain the public
improvements, except sidewalks, for
a period of two (2) years from the
date of the acceptance of those
improvements by the City of
Duhoque, Iowa, at the sole expense
of the subdivider, as owner, or future
owner,
e. To conslruct sidewalks in accordance
with the requirements of Section 42-
24(e) of the City Code, specifically:
Sidewalk installation shall be the
responsibility of the owner of the
property abutting the public right-of-
way. The responsibility shall extend
to all snccess<J<S, heirs and assignees.
Sidewalk installatioo will not be
required until the development of the
lot bus been completed, except as
required herein. In sparsely
developed subdivisions, sidewalks on
developed lots will oot be requited
until 50% of the lots approved by the
plat have been developed. All vacant
lots shall have sidewalks installed
27
Regular Session, January 18, 1993
Regular SeSSion, January 18, 1993
28
upoll development of 80% of the lots
opproved by the plat.
And furth" provided that said Westside
Development Association, as ownera of said
property, shall secure the peñormance of the
foregoing oonditions provided in Sectioo 2
by providing security in sneh foon and with
such sureties as may be acceptable to the
City Manager of the City of Duhoque, Iowa.
Section 3. That in the event Westside
Development Association shall fail to
execute the acceptance and furnish 1he
security provided in Section 2 hereof within
forty-five (45) days after the date of the
Resolution, the provisioos hereof shall be
nall and void and the acceptance of the
dedication and approval the plat shall not be
effective.
Passed, approved and adopted this 18th
dayofJanuary, 1993.
Carried by the following vote: Yeas-Mayor
Brady, Council Membera Kluesner, Krieg,
Nagle, Nicholsoo, Voetberg. Nays-None.
Abaent-Council Member Deich.
Council Member Krieg moved adoption
of the Resolntioo. Secooded by Counell
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Couocil Membera
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Council Member
Deich.
RESOLUl'ION NO. 16-93
ACCEPTING IMPROVEMENT
Whereas, the conlract for the Eagle Point
Water Plant Sludge Handling Building Wall
Replacement has been completed and the
City's consultant, IIW Engineers, Dubnque,
Iowa, has recommended acceptance of the
project
Communication of City Manager
recommending acceptance of Warranty Deed
for property described as Lot 2 of Lot I of
Lot I of Inland Molasses Place. presented
and read. Council Member Krieg moved
that the commnrtIcation be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Nicholsoo, Voetherg. Nays-Nooe.
Absent-Councll Member Delch.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That the recommendation of
the City Manager andIIW Engineers be
approved and that said improvement be
accepted.
Passed, approved and adopted this 18th
day of January, 1993.
Attest:
Mary A. Davis
City Clerk
Jaroes E. Brady
Mayor
RESOLUTION NO. 18.93
RESOLUTION APPROVING TIlE
CONVEYANCE OF CERTAIN
PROPERTY ON JULIEN
DUBUQUE DRIVE BY
TSCHIGGFRIE EXCAVATING
CO.
Jaroes E. Brady
Mayor
ACCEPTANCE OF RESOLUTION NO.
15-93
We, the undersigned, Marty Helle and
Loras Pape of Westside Development
Association, having read the terms and
conditioos of the Resolution No. 15-93 and
being familiar with the conditioos thereof,
hereby accept this saroe and ag= to the
conditions required therein.
Dated in Dubuque, Iowa this 2nd day of
February, 1993.
Westside Development Association
By Isl Marty Helle
By Is/ Loras Pope
To: Mary A. Dnvis
City Clerk
This is to certify the proper security
required for the above Resolution No. 15-93
has been filed.
Dated at Dubnque, Iowa, this 15th day of
February, 1993.
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of 1he Resolution. Seconded by Council
Member Nagle. Canied by the following
vote: Yeas-Mayor Brady, Conncil Membera
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Council Member
Deich.
Whereas, pnrsnant to prdinance No. 75-
92, Tschiggfrie Excavating Co. agreed to
convey certain property to the City of
Duhoque, upon completion of survey II1d
platting; and
Whereas, the property has now been
surveyed and platted; and
RESOLUTION NO, 17-93
FINAL ESTIMATE
Whereas, Tschiggfrie Excavating Co. now
has conveyed by Wan:anty Deed to the City
of Dubuque said property, a copy of which
Wan:anty Deed is attached hereto,
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Section 1. That the conveyance of
property set forth on the anacbed Warranty
Deed by Tschiggfrie Excavating Co. to the
City of Dubuque, dated November 6, 1992,
is hereby approved. A transcript of the
minutes of this meeting shall be certified by
the City Clerk, to be recorded in the
manner as the Warranty Deed.
Whereas, the conlract for the Eagle Point
Water Plant Sludge Handling Bnilding Wall
Replacement bus been completed and the
City's consultant has submitted the fiual
estimate showing the cost thereof.
NOW THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQIJE, IOWA:
Section I. That the cost of said
improvement is hereby detennined to be
$181,454.50.
Section 2. That the final payment of
$9,072.72 be paid to Maryville ConslrUction
in accordance with State statutes from funds
in the Water Division's FY93 C1P Bndget.
Passed, approved and adopted this 18th
day of January, 1993.
Attest:
Mary A. Dnvis
City Clerk
Jaroes E. Brady
Mayor
Michaei C. Van Milligen
City Manager
Council Member Krieg moved adoption
of 1he Resolution. Seconded by Couocil
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Council Membera
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Councll Member
Deich.
Passed, approved and adopted this 18th
day of January, 1993.
Communication of City Manager
recommending acceptance of the project
replacing 1he walls in 1he Sludge Handling
Building at the City Water Plant, presented
and read Council Member Krieg moved
that 1he commnrtIcation be received and
filed. Seconded by Councll Member Nagle.
Jaroes E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoption
of the Resolution. Secondnd by Couocil
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Couneil Membera
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Council Member
Deich.
At 10:06 p.m Council Member Voetberg
moved to go into Closed Session, In
accordance with Chapter 20.17(3) Public
Employment Relations (Collective
Bargaining) (Exempt from provisions of
Chapter 21). Seconded by Council Member
Krieg. Carried by the following vote:
Yeas-Mayor Brady, Council Membera
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Council Member
Deich.
At 10:25 p.m Councll reconvened
Regular Session.
There being no further business, Conncil
Member Kluesner moved to adjourn the
meeting. Seconded by Conncil Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Membera
Kluesner, Krieg, Nagle, Nicholsoo. Voetberg.
Nays-None. Absent-Council Member
Deich. Meeting adjourned at 10:25 p.m
Attest: '7,fc..ð-td d ~¿. ~
~ #ty Clerk