1993 February Council Proceedings
29
Regular Session, February 1,1993
Regular Session, February 1, 1993
30
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, February I, 1993;
CoWlcil Met at 7:30 p.m, Public Ubrary
Anditorinm
Present: Council Members Deich,
Kluesner, Nicholson, Voetberg, City
Manager Michael Van Milligen, Corporalion
COWlSei Barry A. Lindahl. Absent: Mayor
Brady, CoWlcii Member Krieg. Absent at
Roll Call: Council Member Nagle.
Due to the absence of the Mayor and
Mayor Pro-Tem, the City Clerk called the
meeling to Œder. Council Member Deich
moved that Council Member Kluesner be the
temporary presiding office. Seconded by
CoWlcii Member Nicholson. Conied by the
following vote: Yeas-Council Members
Deich, Klnesner, Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Members Nagle, Krieg.
Mayor Pro- Tem Kluesner read the call
and stated this Session is the Regular
Meeling of the City Conncil called for the
pmpose to act npon such business which
may pmperly come before the CoWlcil.
Invoealion was given by father Wayne
Ressler, Pastor of the Cburch of the Nalivity.
CoWlcil Member Nagle entered the
Chambers at 7:34 p.m.
Proclamalions: Month of February as
"Health Ministries Month" received by Rena
Hayes of Mercy Health Center; Week of
February 14-20 as "National Engineer's
Week" received by Gary Sejkora.
There was a presentalion of Cerlificates of
Ap¡aecialion for City Employee Police
Officer Russell Stecklein and a letter of
ap¡aeciation from Governoc Branstad to
Assistant City Manager Stephani Johnson.
CoWlcil Member Voetberg moved that the
rnIes be snspended to allow anyone present
to address the Council if they so desire.
Seconded by CoWlcii Member Nicholson.
Carried by tbe following vote:
Yeas-Mayor Pro-Tem Kluesner, Conncil
Members Deich, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
CommWlicalion of Long Range Planning
Commission submitting their
recommendalion regarding Dubuqne Housing
Inilialive's proposed Rockdale Road
Development and commanicalion ofTimothy
Pnls, Execulive Directoc of Dubuque
Housing Inili..ve reqnesling approval of
City Sponsorship of Iowa Pinance Authotity
Applicalion foc Rockdale Road Affordable
Housing Developmen~ presented and read.
CoWlcii Member Voetberg moved that the
commWlicalions be received and filed.
Seconded by Cooncil Member Nicholson.
Catried by the following vote: Yeaa-Mayor
Pro- Tem Kluesner, Council Members
Nicholson, Voetberg. Nays-Council
Members Deich, Nagle. Absent-Mayor
Brady, Council Member Krieg. Molion
failed.
contract, plans and specificalioos and
recommends it acceptance.
NOW THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE,IOWA:
Seclion 1. That the recommendalion of
the City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT PORTlIER RESOLVED that the
City Treasurer be and he is bereby directed
to pay to the contractor from the Local
Oplion Sales Tax Pond in amount equal to
the amount of his contrac~ less any retained
percentage provided for therein.
Passed, approved and adopted this 1st day
of february, 1993.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
CoWlcii Member Voetberg moved
adopliou of the Resolulion. Seconded by
CoWlcii Member Nagle. Conied by the
following vote: Yeas-Mayer Pro-Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Conncil Member
Krieg.
Tom Swif~ 1835 Old Mill Rd., Jack
felderman, Pres. of Dbq. Bd. of Realtors,
and Tim Puis, all spoke to the requested
recommendalion.
CoWlcii Member Voetberg moved
adoplion of a Resolulion Supporliug
applicalion of Dubuque Housing lnilialive
for funding uuder the Iowa Pinance
Anthotity's Honsing Assistance fund
Program Seconded by Council Member
Nicholson. Vote on the molion was as
follows: Yeas-Mayor Pro-Tem Kluesuer,
CoWlcil Members Nichol".., Voetberg.
Nays-CoWlcil Members Deich, Nagle.
Absent-Mayor Brady, Council Member
Krieg. Molioo failed due to lack of majotity
of Council.
RESOLUTION NO. 20.93
FINAL ESTIMATE
Whereas, the contract for the
Locker/Breakroom Rehabilltalioo of Keyline
Transit Garage Project has been completed
and the City Engineer has submitted his final
estimate showing the cost thereof including
the cost of eslimates, nolices and inspeclion
and all miscellaneous costs;
NOW THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seclion 1. That the coot of said
improvement is hereby determined to be
$46,247.16 and the said amount sball be paid
from Local Oplion Sales Tax fund of the
City of Duhoque, Iowa.
Passed, approved and adopted this 1st day
of february, 1993.
Communicalion of City Manager
recommending acceptance of two projects
completed at the Keyline Garage facility,
presented and read. Council Member
Voetberg moved that the commanicalion be
received and filed. Seconded by Council
Member Nagle. Conied by the following
vote: Yeas-Mayor Pro-Tem Kluesner.
CoWlcll Members Deich, Nagle, Nicholson,
Voetberg. Nays-None. Absent-Mayor
Brady, CoWlcil Member Krieg.
Loras J. Kluesner
Mayor Pro-Tem
RESOLUTION NO. 19.93
ACCEPTING IMPROVEMENT
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoplioo of the Resolulioo. Seconded by
CoWlcll Member Nagle. Conied by the
following vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Whereas, the contract for tbe
Locker/Breakroom Rehabilitation of Keyline
Transit Garage has been completed and the
City Manager has exatnined the work and
filed his cerlificate staling that the same has
been completed according to the terms of the
Absent-Mayor Brady, Council Member
Krieg.
RESOLUTION NO. 21.93
ACCEPTING IMPROVEMENT
Whereas, the contract for the Keyline
Transit facility Shop Rour Replacement
Project has been completed and the City
Manager has exatnined the wod< and filed
his cerlificate staling that the same has been
completed according to the terms of the
contrac~ plans and specificalioos and
recommends It acceptance.
NOW THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seelion 1. That the recommendation of
the City Manager be approved and that said
improvement be and the aame is hereby
accepted.
BE IT PORTlIER RESOLVED that the
City Treasurer be and he is hereby directed
to pay to the contracle< from the Local
Oplion Sales Tax fund in amount equal to
the amount of his contrac~ less any retained
percentage provided for therein.
Passed, approved and adopted this 1st day
offebruary,I993.
Loras J. Kluesner
Mayor Pro- Tem
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Voetberg moved
adoplioo of the Resolulion. Seconded by
CoWlcil Member Nagle. Conied by the
following vote: Yeas-Mayer Pro- Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-Noue.
Absent-Mayor Brady, Council Member
Krieg.
RESOLUTION NO. 22-93
FINAL ESTIMATE
Whereas, the contract for the Keyline
Transit facility Shop Rour Replacement
Project has been completed and the City
Engineer has submitted his fiual eslimate
showing the coot thereof including the cost
of eslimates, nolices and inspection and all
misoe1laneous costs;
NOW THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL Of THE CITY
OPDUBUQUE,IOWA:
Seclion 1. That the coot of said
improvement is hereby detennined to be
$40,617.72 and the said amountsball be paid
from Local OpIi~on Sales Tax fund of the
City of Dubuque, Iowa.
31
Regular Session, February 1, 1993 ~~---~~
Passed, approved and adopted this 1st day
of february, 1993.
Loras J. Kluesner
Mayor Pro-Tern
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Voetberg moved
adoptioo of the Resolulion. Seconded by
CoWlcil Member Nagle. Conied by the
following vote: Yeas-Mayer Pro-Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voctberg. Nays-None.
Absent-Mayor Brady, Conncil Member
Krieg.
City Manager Van Milligen presented the
fiscal Year 1994 Bndget Documents.
Council Member Voetberg moved that the
budget documents be received and filed and
referred to the Budget process and bearing.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeaa-Mayor Pro-Tem Kluesner, Council
Members Deicb, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcii Member Krieg.
RESOLUTION NO. 13-93
Wbereas, applications for Uquor Ucenses
have been submitted to this CoWlcil for
approval and the same have been exatnined
and approved; and
Wbereas, 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 pmper honds.
NOW, THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
That the Manager be authotized to canse
to be issued the following named applicants
a Uqucr License.
CLASS "B" (HOTEL-MOTEL) BEER
AND LIQUOR LICENSE
Dubuque Inn Corp. Best Western
Dubuque Inn Sunday Sales 3434 Dodge
CLASS "C"
(COMMERCIAL) BEER AND LIQUOR
LICENSE
Chi-Chi's USA, In£hi~Chi's Mexican Rest
Sunday Sales 800 Wacker Drive
James W. Goetzinger Goetz's
Sunday Sales 2776 Jackson
CLASS "LB" LIQUOR LICENSE
Dennis A. Althaus Pamily Beverage Center
3400 Central
Passed, approved and adopted this 1st day
ofPebruary,I993.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Cowlcil Member Deich moved adoption
of the Resolulioo. Seconded by Council
Member Nicholson. Conied by the
following vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Deich, Nagle.
Nicholson, Voctberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
Commnnication of City Manager
recommending public bidding procedures for
the reconstruclion of a sanirary sewer in the
alley between Rhomberg Avenue and
Lincoln Avenue from Padey Street to
Marshall Stree~ presented and read.
CoWlcil Member Voetberg moved that the
commanicalion be received and filed.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Voctberg.
Nays-Noue. Absent-Mayor Brady,
Council Member Krieg.
RESOLUTION NO. 24.92
PRELIMINARY APPROVAL OF
PLANS AND SPECIPICATIONS
NOW THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL .OP THE CITY
OP DUBUQUE, IOWA:
That the proposed plans, specificalions,
form of conlract and eslimated cost for the
Alley Sanirary Sewer Reconstruclion
between Rhomberg and Lincoln Jrom Parley
to Marshall, in the eslimated amount of
$115,636.42, are hereby ap¡aoved and
ordered filed In the office of the City Clerk
for public inspeclion.
Passed, adopted and ap¡aoved this 1st day
of february, 1992.
Loras J. Kluesner
MayorPro~Tem
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Voctberg moved
adoptioo of the Resolulion. Seconded by
CoWlcii Member Nagle. Conied by the
following vote: Yeas-Mayer Pro-Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
Regular Session, February 1, 1993
RESOLUTION No. :15-92
FIXING DATE OF HEARING ON
PLANS AND SPECIPICATIONS
Wbereas, the City Council of the City of
Dubuque, Iowa has given Its preliminary
approval on the proposed plans,
specificalions, and form of oootract and
placed same on file in the office of the Clty
Clerk foc public Inspeclion of the Alley
Sanirary Sewer Recoostruclioo between
Rhomberg atld Lincoln from Parley to
Marsball.
NOW THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
That on the 15th day of february, 1993,
a public bearing will be held at 7:30 p.m. in
the Public Library Auditorinm at wbich time
interested persons may appear and be heard
for cr against the proposed plans and
specificalions, form of contract and cost of
said improvemeu~ and the City Clerk be and
is hereby directed to cause a nolice of lime
and place of such hearing to be published in
a newspaper having general clrculalion in the
City of Dubuque, Iowa, which nolice shall
be not less than four days nor more than
twenty days prior to the day fixed for Its
conslderalioo. At the bearing, any interested
person may appear and file ohjections to the
proposed plans, specificalions, contrac~ or
estimated cost of the Improvement
Passed, adopted and ap¡aoved this 1st day
ofPebruary, 1992.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
CoWlcii Member Voetberg moved
adoplioo of the Resolulion. Seconded by
Council Member Nagle. Conied by the
following vote: Yeas-Mayor Pro- Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
RESOLUTION NO. 26.92
ORDERING BIDS
NOW THEREfORE, BE IT RESOLVED
BY THE COUNCIL OP THE CITY OP
DUBUQUE, IOWA:
That the Alley Sanitary Sewer
Reconstruclion between Rhomberg and
Lincoln Jrom Parley to Marshall Is hereby
ordered to be adverlised foc bids for
construclion.
BE IT fURTHER RESOLVED, that the
amount of the security to accompany each
32
bid sball be in an amount which shall
conform to the provisions of the nolice to
bidders hereby approved as a part of the
plana and specificalions heretofore adopted.
That the City Clerk is hereby directed to
advertise for bida for the construction of the
improvements herein provided, to be
published in a newspaper having general
circulalion in the City of Dubuque, Iowa,
which nolice sball not be less than four days
nor more than twenty days prior to the
receipt of said bids at 2:00 p.nt on the 9th
dayofPebruary, 1993. Bids sball be opened
and read by the City Cleric at said lime and
will be submitted to the Council for final
action at 7:30 p.m on the 15th day of
february, 1993.
Passed, adopted and approved this 1st day
of Pebruary, 1992.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved
adoplioo of the Resolulion. Seconded by
CoWlcil Member Nagle. Conied by the
following vote: Yeas-Mayor Pro-Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
Communicalion of City Manager
reoommending a poblic hearing be held on
March 4, 1993 foc the issuance of
$2,000,000 Essential Corporale Purpoae
General Obligalion Bonds, presented and
read. Council Member Voctberg moved
that the commnnicalion be received and
filed. Seconded by CoWlcil Member Nagle.
Carried by the following vote:
Yeaa-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nlcholsoo, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcii Member Krieg.
RESOLUTION NO. 27-93
RESOLUTION FIXING DATE OF
A MEETING ON THE
PROPOSITION OF THE
ISSUANCE OF $2,000,000
GENERAL OBLIGATION BONDS
(FOR AN ESSENTIAL
CORPORATE PURPOSE) OF
DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION
OF NOTICE TlIEREOF
WHEREAS, it is deemed necessary and
advisable that the City of Dubuque, Iowa,
shoold issue General Obllgalioo Bonda to the
amount of $2,000,000, as authotized by
Seclion 384.25, of the Code of Iowa, for the
"--""---~'--"V'-" .. """~~",.,,,,-
33
Regular Session, February 1, 1993
,~~
pmpose of providing funds to pay coots of
carrying out an essenlial corporate purpose
project as bereinafter described; and
WHEREAS, before said honds may be
issued, it is necessary to comply with the
provisioos of said Code, and to publish a
nolice of the propcsa! to issue such honds
and of the time and place of the meeling at
which the CoWlcil proposes to take aclion
for the issuance of the honds and to receive
oral and/oc written o~eclions from any
resident or property owner of said City to
such aclion;
NOW, THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE,IOWA:
Seclion 1. That this CoWlcil meet in the
Camegie Stout Public Library Auditoriwn,
Dubuque, Iowa, at 7:30 o'clock p.m, on the
4th day of March, 1993, for the pmpose of
taking aclioo on the matter of the issuance of
$2,000,000 General Obligalioo Bonds for an
essenlial corpcrate pmpose of said City, the
proceeds of which bonds will be used to
provide funds to pay costs of the
construclion, reconstrnclion, and repairing of
street improvements; the construclion,
reconstruction, extension, improvement and
equipping of storm sewers and facililies
useful for the cnlleclioo and disposal of
surface waters and streams and the
reconstruction, extension and improvement
of the exisling airport.
Seclion 2, That the Clerk is bereby
directed to cause at least on publicatioo to be
made of a nolice of said meeling, in a legal
newspaper, printed wholly in the English
language, published at leaat ooce weekly,
and having general circulalion In said City,
said publlcalioo to be not less than four cleat
days noc more than twenty days before the
date of said public meeling on the issuance
of said honds.
Seclion 3. The nolice of the proposed
aclion to issue said bonds shall be in
sul>stanlially the following form:
NOTICE OF MEETING OF THE
COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE
MATTER OF THE PROPOSED
ISSUANCE OF $2,000,000
GENERAL OBLIGATION BONDS
(fOR AN ESSENTIAL CORPORATE
PURPOSE) OF SAID CITY, AND
THE HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given that
the Council of the City of Dubuque, Iowa,
will hold a pnblic hearing on the 4th day of
March, 1993, at 7:30 o'clock p.m, in the
Camegie Stout Public Library Auditorium,
Dubuque, Iowa, at which meeling the
Council proposes to take addilional action
for the issuance of $2,000,000 General
Obligalion Bonds for an essenlial corporatc
pmpose of said City, in order to provide
funds to pay coots of the construclion,
reconstruction, and repairing of street
improvements; the constrnction,
reconstruclion, extension, improvement and
equipping of storm sewe" and facililies
nseful for the colleclion and disposal of
surface waters and streams and the
reconstruclion, extension and improvement
of the exisling airport
At the above meeling the Council shall
receive oral or written objeclions from any
resident or property owner of said City, to
the above aclion. After all objeclions have
been received and considered, the Council
will at this meeling or at any adjournment
thereof, take addilional aclion for the
issuance of said bonds oc will abandon the
propcsal to issue said honds.
This nolice is given by order of the
CoWlcil of Dubuque, Iowa, as provided by
Seclion 384.25 of the Code of Iowa.
Dated this 19th day of February, 1993.
Mary A. Davis
City Clerk of Dubuque, Iowa
Passed, approved and adopted this 1st day
of February, 1993.
Loras J. Kluesner
Mayor Pro- Tem
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Vootberg moved
adoplion of the Resolulion and set it for
Hearing on March 4, 1993 at 7:30 p.m in
the Public Library Auditorium and that the
City Clerk publish nolice in the manner
prescribed by law. Seconded by Council
Member Nagle. Conied by the following
vote: Yeas-Mayor Pro- Tem Kluesner,
CoWlcil Members Deich, Nagle, Nicholson,
Voetberg. Nays-None. Absent-Mayor
Brady, CoWlcil Member Krieg.
Communicalion of City Manager
recommending a public bearing be set
providing for the expansion of the existing
Residenlial Parking Permit District for St.
Mary'sJEmmett Streets area, presented and
read. Council Member Vootberg moved
that the communicalion be received and
filed. Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholsoo, Vootberg.
Nays-None. Absent-Mayor Brady,
CoWlcii Member Krieg.
RESOLUTION NO. 28.93
RESOLUTION SETTING A
PUBLIC HEARING ON
AMENDING RESIDENTIAL
PARKING PERMIT DISTRICT
Regular Session, February 1,1993
34
"B" AS DEFINED BY SECTION
32.395 OF TIlE CODE OF
ORDINANCES TO INCLUDE TIlE
SOUTH SIDE OF WEST 3RD
STREET FROM ST. MARY'S
STREET TO BLUFF STREET
Whereas, the City of Dubuque, pursuant
to Seclion 32-383 of the Code of
Ordinances, has received a pelilion
containing sofficient signatures requesling
that the south side of W. 3rd Street from St.
Mary's Street to Bluff Street be included in
Residential Parking Permit District "B"; and
Whereas, pursuant to said Seclion 32-3g3,
the City Manager has caused a parking slndy
of the area idenlified above to be
undertaken; and
Wbereas, the City Manager, based upon
results of the study, and in accordance with
Seclion 32-383, recommends that the area be
designated as a Residenlial Parlring Permit
District and that exisling Residenlial Parking
Permit Dis1rict "B" should be amended to
include the south side of W. 3rd Street from
St. Mary's Street to Bluff Street.
NOW, THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Seclion 1. That the City Council finds
and determines that a valid pelitioo has been
received foc the designalion of the above
described area as a Residenlial Parlring
Permit Dis1rict.
Seclion 2. That the City Clerk be
authotized and directed to publish a nolice of
public hearing 00 the designation of the
above described area as amended Residenlial
Parking Permit District "B", to be beld on
March I, 1993.
Passed, approved and adopted this 1st day
of February, 1993.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Voetberg moved
adoplion of the Resolulion and set Public
Hearing to be March I, 1993 at 7:30 p.m in
the Pnblic Ubrary Auditorium and direct that
the City Clerk publish nolice in the manner
prescribed by law. Seconded by Council
Member Nagle. Conied by the following
vote: Yeas-Mayor Pro-Tem Kluesner,
CoWlcii Members Deich, Nagle, Nicholson,
Voetberg. Nays-None. Absent-Mayor
Brady, CoWlcil Member Krieg.
MINUTES SUBMITTED - Five PIngs
Commission of 1-18; Housing Commission
of 1-12; Human Rights Commissioo of 12-
14; Zoning Commission of 1-6, peesented
and read. CoW1ci1 Member Nagle moved
that the minute& be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote:
Yeas-Mayas- Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Vootberg.
Nays-None. Absent-Mayor Brady,
Council Member Krieg.
NOTICES OF CLAIMS/SUiTS --
Amcrlcan Legion Post 116, in amoWlt of
$212.96 for hacked up sewer damages;
Pa1rick David & JoDean Ape! in unlcnown
amount for watermain break; Bevlin Bartels
in eslimated amount of $868.61 for car
damages; Eileen Koehler in amcWlt of
$100.00 roc car damages; Steve Rnden in
amount of $357.57 for sewer backup
damages: Rooald J. and Patricia Westhoff in
amount of $44g.98 for car damages,
peesented and read. Council Member Nagle
moved that the claims and suits be referred
to the Legal Staff for investigalion and
report. Seconded by Council Member
Vootberg. Conied by the following vote:
Yeas-Mayas- Pro-Tem Kluesner, Council
Members Deich, Nagle. Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
Communicalion of Corporalion Counsel
recommending settlement for clothing
damage claim of Cynthia Bruttanili in the
amoont of $60.07, presented and read.
Council Member Nagle moved that the
communicalion be received and filed and
settlement approved and Piuance Director to
issue proper check. Seconded by Council
Member Vootberg. Conied by the following
vote: Yeas-Mayor Pro-Tem Kluesner,
CoWlcii Members Deich, Nagle, Nicholson,
Voetberg. Nays-None. Absent-'-Mayor
Brady, CoWlcil Member Krieg.
Communicalions of CorporaIion Counsel
advising of referrals of following claims to
CrawfŒd & Company, the agent for the
Iowa Communities Assurance Pool: Car
damage of Tim Mess; Penonal injary of
Sister Angelica Schultz; Persoual injoties of
Cheri A. Zihlke, presented and read.
CoWlcii Member Nagle moved that the
communicalions be received and filed.
Seconded by Council Member Voetherg.
Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich. Nagle. Nicholsoo, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
Cnmmunicalion of Corporalion Counsel
submining a oopy of a Slipnlalion of
SenIement of a tax assessment appeal by
CyCare Systema, Inc., presented and read.
35
Regular session, Februery 1, 1993
Regular Session, Februery 1,1993
36
CoWlcil Member Nagle moved that the
conmunicalion be received and filed.
Seconded by Council Member Voetherg.
Carried by the following vote:
Yeaa-Mayor Pro- Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
Cnmmunicalion of Corporation Counsel
submitting copy of the Pelilioo in matter of
City of Dubuque VB. Roger J. and GIotia G.
Sehiesl regarding the assessment on cost of
the repair of wall against their pmperty,
presented and read Council Member Nagle
moved that the communicalioo be received
and filed. Seconded by CoWlcil Member
Voetberg. Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcii Member Krieg.
CommWlicalion of Corporalion Counsel
reporling on the bearing before the Iowa
District Court fer Polk County on the
proposed settlement with Bankers Trust
regarding the Iowa Trust Liligalion and
requesting authorizalioo to execute release
when properly prepared. presented and read.
CoWlcil Member Nagle moved that the
communicalion be received and filed and
settlement approved with Corporalion
CoWlse1 to execute. Seconded by Council
Member Voetberg. Conied by the
following vote: Yeas-Mayor Pro- Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
Communicalion of Dubuque Casino Belle
advising of their terminatioo of employment
of approximately 372 employees between
April I and April 30, 1993, presented and
read. Council Member Nagle moved that
the communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholsoo, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
Communicalion of Thomas L. Quigg,
submitting his resignalioo from the
Investment Oversight Commissioo, presented
and read. CoWlcil Member Nagle moved
that the communicalioo be received and filed
and resignalioo accepted with regret
Seconded by Council Member Voetherg.
Carried by the following vote:
Yeas-Mayor Pro- Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
Council Member Krieg.
drive be sbared for each pair of the
remaining eight lots, as shown on the
attached plat.
Whereas, said final plat has been
exsmined by the City CoWlcil and the City
CoWlcii finds that the same coofonns to the
statutes and ordinances relaling thereto.
Wbereas, the City Council coocurs in the
condilion of approval established by the City
Zoning Commission.
NOW TIIP.REfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE,IOWA:
Seclion 1. That the ahove..described final
plat be and the same is hereby approved and
the Mayor and City Clerk are hereby
autllorized and directed to endorse the
ap¡aoval of tbe City of Duhoque upon aaid
final plat provided that the owner of said
property sball execute a written acceptance
hereto attached, acknowledging and agreeing:
a) Access eaaements sball be provided
for a shared single access drive
between Lots 2-9 and 3-9, between
Lots 4-9 and 5-9, between Lots 6-9
and 7-9, and between Lots 8-9 and 9-
9, and that Oldy one access drive
shall be provided from Lot 1-9.
Seclion 2. That in the event the owner
fails to execute the acceptance provided for
in Seclion I berein within 45 days after the
date of this resolulion, the provisioos herein
shall be null and veld and the approval of
the plat shall not be effeclive.
Passed, approved and adopted this 1st day
of february, 1993.
Cnmmunicalion of Dubuque Yacht Basin,
Inc. requesting approval to sublease property
to be known as the Wheel House, Inc.,
presented and read. Council Member Nagle
moved tbat the communicalioo be referred to
the City Manager and staff. Seconded by
CoWlcil Member Voetberg. Conied by the
following vote: Yeas-Mayer Pro-Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
Pelilion of Mark J. Willging, on behalf of
Westside Development Association
requesting City to release a porlion of an
easement located on Lot 13 of Block 3 in
Embassy West No. 2, presented and read.
CoWlcii Member Nagle moved that the
pelilion be referred to the City Manager and
Staff. Seconded by Council Member
Voetberg. Conied by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Voetberg.
Nays-Nooe. Absent-Mayor Brady,
CoWlcii Member Krieg.
Communicalion of Zoning Commission
advising of their approval on fiual plat of
Lot 9 of LaVista Estates in Dubuque County,
presented and read. CoWlcil Member Nagle
moved that the communicatioo be received
and filed. Seconded by Council Member
Voetberg. Conied by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Voetberg.
Nays-Nooe. Absent-Mayor Brady,
CoWlcii Member Krieg.
Loras 1. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OP RESOLUTION
NO. 29-93
We, the Wldersigned, Robert Steichen and
Loretta D. Steicben, having read the tenus
and condilions of the Resolulion No. 29-93
and being familiar with the condilioos
thereof, hereby accept this same and agree to
the condilioos required therein.
Dated in Dubuque, Iowa this 2nd day of
february, 1993.
By Isl Robert Steicben
By Isl Loretta D. Steicben
CoWlcil Member Nagle moved adoplion
of the Resolulion. Seconded by Council
Member Voetberg. Conied by the
following vote: Yeas-Mayer Pro- Tem
Kluesner, Council Members Deicb, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
RESOLUTION NO. 29.93
RESOLUTION APPROVING mE
FINAL PLAT OF THE
SUBDIVISION OF WT 9 OF
LA VISTA ESTATES NO.2 INTO
LOTS 1.9 TO 9.9, IN SECTION 9,
TOWNSHIP 89 NORTH, RANGE
2E OF THE 5TH p..... IN
DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the
City Clerk a final plat of the Subdivision of
Lot 9 of LaVista Estates No.2 into Lots 1-9
to 9-9, in Seclioo 9 T89N, R2E, of the 5th
p.m, in Dubuque County, Iowa; and
Wbereas, said final plat has been
examined by the City Zoning Commission
and had its ap¡aoval endorsed thereon; and
Whereas, said fiual plat has been
ap¡aoved by the City Zoning Commission on
the condilioo that a single access drive be
provided from Lot 1-9, and that one access
Communicalion of Pinance Director
submitting financial Report for the month
ending December 31, 1992 and
communicalion of City Manager submitling
Quarterly Investment Report from Pinance
Director Duane Pitcher, presented and read.
CoWlcil Member Nagle moved that the
communicalions be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Conncil
Members Deich, Nagle, Nichol"",, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
Communicalion of City Manager
submitting fiscal Year 1992 Audit Repocts,
presented and read Conncil Member Nagle
moved that the communicalioo be received
and filed. Seconded by CoWlcii Member
Voetberg. Conied by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Voetberg.
Nays-Nooe. Absent-Mayor Brady,
Council Member Krieg.
Communicalion of City Manager
recommending delinquent sewer accoants
and delinquent garbage and refuse colleclion
accounts be oerlified to the Dubuque County
Treasurer roc colleclioo, presented and read.
CoWlcil Member Nagle moved that the
communicalion be received and filed.
Seconded by Council Member Voetberg.
Carried by tbe following vote:
Yeas-Mayor Pro-Tem Klnesner, Council
Members Deich, Nagle, Nicholsoo, Voetberg.
Nays-None. Absent-Mayor Brady.
CoWlcil Member Krieg.
RESOLUTION NO. 30.93
RESOLUTION AUTHORIZING
COLLECTION OF DELINQUENT
SEWER ACCOUNTS IN
ACCORDANCE WITH SECTIONS
44-83 AND 44.86 OP mE CODE
OP ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Wbereas, Seclion 44-83 of the Code of
Ordinances authotizing the City to levy and
collect just and equitable charges, rates or
rentals upon all lots, parcels or real estate
and buildings that are coonected directly or
indirectly with the sanitary sewer system;
and
Wbereas, Seclion 44-86 of the Code of
Ordinances peovides that the City sball have
a lien upon the real property served by the
sanitary sewer system for all delinquent rates
and charges; and
37
Regular Session, February 1, 1993
Wbereaa, delinquent sewer cbargea shall
be cerlified as of December 31st of each
year by the City Clerk to the Dubuque
COWlty TreaaUlU for colleclion with, and in
the same manner as, general property taxes.
NOW THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seclion 1. That the pecsoßs hereina!œr
named, owning the following described
property, have unpaid sewer chargea in the
amount set out and that said charges are
delinquent
Property
Name/Address Description
Ed and Patricia Gabel
710 Peru Rd.
Lot 153 Belmont Add
Gary Bernatrl
855 Salem St Lot 4
Wersinger Sub.
Terry Hackbart
1951 W. 32nd St
Lot 2-1 Mozena farm
Seclion 2. That the City Clerk be and is
hereby ordered and directed to cerlify to the
COWlty TreasUlU of Dubuque County, Iowa,
that the persons named herein are delinquent
in the payment of sewer charges in the
amounts set forth ahove and that said
delinquent sewer chargea sball be collected
in the same manner as general pmperty taxes
against the respeclive parcels of property set
opposite the name of the property owner.
Seclion 3. That the deliuquent sewer
charges shall be collected with, and in the
same manner as, general pmperty taxes as
provided by law.
Pasred, approved and adopted this 1st of
february, 1993.
Amount
$48.g8
$128.00
$162.65
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Nagle moved adoption
of the Resolulion. Seconded by Council
Member Voetberg. Conied by the
following vote: Yeas-Mayer Pro- Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
RESOLUTION NO. 31.93
RESOLUTION AUTHORIZING
THE CITY TO COLLECT
DELINQUENT GARBAGE AND
REFUSE COLLECTION
ACCOUNTS IN ACCORDANCE
WITH SECTION 11.36 AND ZZ-37
(d) OF THE CODE OF
ORDINANCES OF TIlE CITY OF
DUBUQUE, IOWA
Whereas, City garbage and refuse
colleclioo from residenlial premises, as
defined in the Code of Ordinances of the
City of Duhoque, Iowa, is mandatory; and
Whereas, as of December 31st of each
year, delinquent garbage and refuse
colleclioo charges shall be cerlified by the
City Clerk to the Dubuque County Treasurer
for colleclion with, and in the same manner
as general property taxes;
NOW, THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE,IOWA:
Seclion I. That the persons named
hereinWlder, owning the property thereby set
forth, are delinquent in the payment of refuse
colleclioo.
Property
Name/ Address Description
Nicllolas Merfeld
Lot 2-1-1-1-2-3 of
Miueral Lot 219,
565 Cedar Cross Rd.
Lot 2-2-1-2-1-1-2 of
Miueral Lot 330
(6-12-2-66)
~
$135.65
$84.01
Ricky 1. Hurst
Lot 39 and 40 of
O'Neills, N. Dbq.
3975 Inwood Avenue
Dennis Clauer $120.60
Lot 1-1-2-1-2-1-2-1-1-2-1
31g Olympic Hgts.
SIE - SW Sec. 11, T89N R2E
Vincent C &; Diane K Erhlich $90.55
333 Olympic Hgts.
Lot 9 Blk I Olympic Hgts.
Larry J. Hurst $140.02
Lot 2-2-3-
Lot 1-2 ofl-I-3
3960 Oneida Stof NI/2
of SE 1/4 of NW 1/4
Sec. 12T g9N R2 East
Rouald J. Mueller $62.73
Lot 2-1-I-S 1/2
NIE 1/4
855 Salem Street
N/W 114 Sect 12Ipg9N-R2E
Matk S. &; Christel R. Kroulich $38.70
Lots 74 &; 75
Maple Leaf Add *2
743 Louise St
Lou Mae O'Reilly
Lot 9 Maple Leaf
Add No.2
671 Louella Ln
Clyde Jr. Ellz. Ann Clauer
Lots 1,2 &; 3
Maple Leaf Add. No.2
605 Peru Rd.
$62.73
$71.20
$106.13
Regular SeSSion, February 1, 1993
Charles E/Mary Ann Schumacber $156.04
Lot I Weigand Sub
625 Alpine St 1&;2
Edwatrl Melde $103.79
Sly 1,320' of Lot 2
of E 1/2-SE 1/4
4876 Asbury Rd.
See 17 T89N R2E
Ed &; Patricia Gabel $33.10
Lot 153 Belmont Add
710 Peru Rd.
Gary Bernhard $85.39
Lot 4 - Wersinger Sub.
855 Salem St
Terry Hackbarth $149.80
1951 W. 32nd St
Lot 2-1 Mozena farm
Seclion 2. That the City Clerk be and Is
hereby Œdeted and directed to oertify to the
COWlty Treasurer of Dubuque County, Iowa,
that the persons named hereinbefore are
delinquent in the payment of refuse
colleclioo charges in the amoWlt set aside of
the respeclive names, and that said amoWlts
shall be collected in the same manner as
general pmperty taxes against the respeclive
parcels of property set opposite the names of
the owners.
Passed, approved and adopted this 1st day
of february, 1993.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Nagle moved adoplion
of the Resolulion. Seconded by Council
Member Voetberg. Conied by the
following vote: Yeas-Mayor Pro- Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voctberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
Communicalion of City Manager
recommending acceptance of conveyance of
property at 642 University A venue, presented
and read. CoWlcil Member Nagle moved
that the commWlicalion be received and
filed. Seconded by Council Member
Voctberg. Conied by the following vote:
Yeaa-Mayor Pro-Tem Kluenser, Council
Members Deich, Nagle, Nicholsoo, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
RESOLUTION NO. 3Z-93
RESOLUTION ACCEPTING A
CONVEYANCE OF PROPERTY
LOCATED AT 64Z UNIVERSITY
AVENUE, DUBUQUE, IOWA, TO
TIlE CITY OP DUBUQUE, IOWA
38
Whereas, the City of Dubuque has agreed
to porcIwe the following legally-described
real property:
The Easterly One-half (E 1/2) of the
Northerly One-half (N 1/2) of Lot
Twelve (12) of Kelly's Subdivisioo,
in the City of Dubuque in the County
of Dubuque, Iowa, according to the
reoorded plat therecf:from Dubuque
COWlty; and
Wbereas, the Dubuque County Board of
Supervisors bas prepared a Quit Claim Deed
natning the City of Dubuque, Iowa, as holder
of all rights, line and interests in said
property.
NOW, THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OPDUBUQUE,IOWA:
Seelion I. The City Council of the City
of Dubuque, Iowa, hereby approves of,
accepts and consents to the Quit Claim Deed
from Dubuque COWlty.
Seelion 2. The City Clerk is hereby
authotized and directed to cause said Quit
Claim Deed to be recorded in the office of
the Dubuque COWlty Recorder, together with
cerlified copy of this Resolulion.
Seelion 3. That the City Clerk Is hereby
directed to forward a copy of this Resolulion
to the Dubuque CoWlty Assessoc and the
Dubuque County Auditor.
Passed, approved and adopted this 1st day
of Pebruary, 1993.
Loras J. Kluesner
Mayor Pro- Tem
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Nagle moved adoplion
of the Resolulioo. Seconded by Council
Member Voetberg. Conied by the
following vote: Yeas-Mayer Pro-Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voctberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
Communication of City Manager
recommending acceptance of Eagle Point
Water Tank projec~ presented and read.
CoWlcil Member Nagle moved that the
communicalion be received and filed.
Seconded by Council Member Voctberg.
Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deicb, Nagle, Nicholsoo, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
RESOLUTION NO. 33-93
ACCEPTING IMPROVEMENT
Wbereas, the oontract for Repair and
Painling the 500,000 gallon Eagle Point
39
Regular Session, February 1, 1993
Regular Session, February 1, 1993
40
Water Tank has been COß1'leted and the
City's COI181Ùtan~ OW Engi'-', Dubuque,
Iowa, has recommended aooeptance of !be
project
NOW THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE. IOWA:
Seelion 1. That the recommendalion of
the City Manager be approved and thai said
improvement be accepted.
Passed, approved and adopted this 1st day
ofPebruary,I993.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Nagle moved adoplion
of the Resolulion. Seconded by Council
Member Voetberg. Conied by the
following vote: Yeas-Mayer Pro- Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
RI!SOLUTION NO. 34-93
FINAL ESTIMATE
Wbereas, the contract for Repair and
Painling of 500,000 galloo Eagle Point
Water Storage Tank has been oompleted and
the City's consultant has submitted the final
estimate showing the coot thereof.
NOW THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seclion 1. That the coot of said
improvement is hereby determined to be
$248,085.
Section 2. That the final payment of
$24,808 be paid to Tenyer Coatings in
accordance with State statutes from fWlds in
the Water Division's FY92 ClP Budget
Passed, approved and adopted this 1st day
of february, 1993.
Loras 1. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
Council Member Nagle moved adoption
of the Resolulioo. Seconded by Council
Member Voetberg. Conied by the
following vote: Yeas-Mayer Pro-Tem
Kluesner, Council Members Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
Communication of City Manager
recommending approval of a request from
Ron and Ian Smith for a 180 day extension
for provisioo of secotity booding for Looss
Ea-. Subdivision, presented and read.
Council Member Nagle moved that the
communicalion be received and filed.
Seconded by CoWlcil Member Voetherg.
Conied by the following vote: Yeas-
Mayor Pro- Tem Kluesner, CoWlcil Members
Deicb, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
RESOLUTION NO. 35.93
RESOLUTION REAFFIRMING
TIlE APPROVAL OF TIlE FINAL
PLAT OF LORAS ESTATES IN
TIlE CITY OF DUBUQUE. IOWA.
addilioual period of time in which to comply
therewith; and
Wbereas, the City Council finds that the
otiginal condilious upon whicb the approval
of the final plat of Looss Estates sliU exis~
and
Whereas, the City Council finds that the
request for an addilional period of lime in
which to comply with the approval of the
final plat is for good cause and shonld be
approved;
NOW, THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seclion 1. The final approval of the final
plat of Looss Estates, as set focth in
Resolulion No. 336-92 and reaffumed in
Resolulion No. 350-92, is hereby reaffirmed
as of the date of said otiginal approval,
October 19, 1992.
Seclion 2. Tbe easements fer public
utililies, sewer, and water, as they appeal
upon said fiual pla~ be and the same are
hereby accepted as of October 19, 1992.
Seclion 3. The ap¡aoval of the fiual plat
of Loras Estates in the City of Dubuque,
Iowa, is bereby reaffirmed, and the Mayor
and City Clerk are hereby authotized and
directed to endorse the approval of the City
of Dubuque, Iowa, upon said fiual pla~ as of
October 19, 1992, provided the owners of
said pmperty herein named execute their
written acceptance hereto attached agreeing:
a. To reduce Juslin Lane to grade and
to hard-surface the s!teet nf Looss
Estates with bituminous concrete or
with concrete paving, all in
accordance with approved plans on
me in the Office of the City
Engineer, City of Dubuque, Iowa.
b. To install sanitary sewer mains and
sewer service lateDlis into eacb
individuallo~ water mains and water
service laterals into each individual
lo~ storm sewers and catch basins,
and erosion-control devices, all in
accordance with the City of Dubuque
standard specificalions and in
accordance with construction
improvement plans approved by the
City Engineer and inspected by the
City Engineer.
c. To provide perpetual maintenance of
all deœntion areas and erosion-
control devices at the sole expense of
the owners, Roo and Ian Smith, or
successors as assigned. I
d. To provide the foregoing
conslrUction and maintenance of all
said improvements at the sole
expense of the owners, Ron and Jan
Smith, or their successors as
assigned.
Whereas, there was filed with the City
Clerk the fiual plat of Loras Estates in the
City of Duhoque, Iowa; and
Wbereas, upon said final plat appeared
certain public utility easements which the
owners, Ron and Jan Smith, by said final
pla~ have dedicated to the public forever;
and
Wbereas, upon said final plat appeared a
certain private s!teet to be owned by, and
maintained to City standards, at the sole
expense of the owners, or their successors as
assigned; and
Wbereas, said fmal plat was exatnined by
the Zoning Commission and had its approval
endorsed thereon, subject to the owners
agreeing to certain condilions set forth in the
original approval of said pla~ and
Whereas, said final plat was exatnined by
the City COWlci1, and the City CoWlcii foWld
that it conformed to the statotes and
ordinances relating thereto, except that the
drive grades had not been established, nor
had all driveways been brought to grade and
not all of the paving insDliled; and
Wbereas, the City Council concurred in
the condilions of ap¡aoval established by the
Zoning Commission; and
Wbereas, the City Council in Resolulion
No. 336-92, dated October 19, 1992,
approved the fiual plat of Loras Estates; and
Wbereas, the owners were required to
secure the oondilions of said Resolulion by
providing secotity and executing an
acceptance within focty-five (45) days of the
date of such Resolulion; and
Whereas, in Resolulion Number 350-92,
the City Council reaffirmed its approval of
the fiual plat of Loras Estates and granted
the owners an additional seventy-five (75)
days in whicb to execute an acceptance and
furnish the secotity otiginally required by
Resolulion No. 336-92; and
Whereas, the owners have been unable to
comply with the condilious of Resolulion
No. 336-92 and Resolulion No. 350-92, and
now desire the City Council to grant them an
e. To COI18truct said improvements
within one (I) year from the date of
adoplioo of this Resolulion by the
City of Dubuque, Iowa.
f. That sidewalks shall be provided
adjoining the s!teel
g. That all improvements of said
property conform to the conceptual
development plan of Loras Estates
PR Planned Residenlial District or its
amendments as approved by the
Dubuqne City Council by Ordinance
56-92.
SecIiOll 4. Tbat Ron and Jan Smith, as
owners, sball secure the foregoing condilioos
by providing security in such focm and with
sneb surety as may be approved by the City
Manager.
Seclion 5. That in the event Ron and Jan
Smith, as owners, shall fail to execute the
acceptance and furnish the secotity provided
for in Seelion 4 within one hundred eighty
(180) days from the date of this Resolulioo,
the provisions hereof, as well as those of
Resolulion No. 336-92 and Resolulion No.
350-92, shall be nolI and void and the
acceptance of the dedicalion and approval of
the final plat shall not be effeclive.
Passed, approved and adopted this 1st day
of Pebroary, 1993.
Loras J. Kluesner
Mayor Pro-Tem
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OP RESOLUTION
NO. 35-93
We the undersigned, Ron and Jan Smith,
having read the terms and condilions of the
Resolulion No. 35-93 and being familiar
with the condilious thereof, bereby accept
this same and agree to the condilions
required therein.
Dated in Dubuque, Iowa, this - day
of . 1993.
(NOT SIGNED AS OP 3-23-93)
By
By
Ron Smith
Jan Smith
To: Mary A. Davis
City Clerk
This is to cerlify that the required security
for the foregoing Resolulioo No. 35-93 has
been pmperly filed.
Dated at Dubuque, Iowa this - day
of_, 1993.
Michael C. Van Milligen
City Manager
._.,-"._.,.",...",.-,. ,,~'.'
41
COWlcil Member Nagle moved adoplion
of the Resolnlion. Seconded by Conncil
Member Voetberg. Conied by the
following vote: Yeas-Mayor Pro-Tem
Klnesner, CoWlcii Member Deich, Nagle,
Nicholson, Voetberg. Nays-None.
Absent-Mayor Brady, Council Member
Krieg.
Communicalion of Dubuque COWlty
Board of Supervisors advising they have no
objeclioo to annexalion of property located
north of 32nd Street as long as it does not
interfere with the established corridor foc the .
Northwest Arterial, presented and read.
CoWlcii Member Nagle moved that the
communicalion be received and filed.
Seconded by Council Member Voetberg.'"
Carried by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg.
There being no further business, Council
Member Nicholson moved to adjourn the
meeling. Seconded by CoWlcil Member
Nagle. Conied by the following vote:
Yeas-Mayor Pro-Tem Kluesner, Council
Members Deich, Nagle, Nicholson, Voetberg.
Nays-None. Absent-Mayor Brady,
CoWlcil Member Krieg. Meeling adjourned
at 8:41 p.m
Mary A. Davis CMC
City Clerk
:ff!i~
CoWlcil Members
Regular Session, Februery 15, 1993
42
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, February IS, 1993;
CoWlcil Met at 7:30 p.m, Public Ubrary
Auditorium;
Present: Mayoc Brady, CoWlcil Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg, City Manager Michael Van
Milligen, Corporalion Counsel Barry
Lindahl.
Mayor Brady read the call and stated this
is the Regular Session of the City Council
called for the purpooe to act upon such
business which may properly come before
the Council.
Invocalion was given by Wayne
Whittenbaugb, Pastor of Apostolic Chrislian
Church.
PROCLAMATION -Feb. 26 thru 28th as
"Up With families Weekend" received by
Jan Hemmer.
CoWlcil Member Voetberg moved that the
rules be suspended to allow anyone present
to address the Council if they so desire.
Seconded by CoWlcil Member Nicholson.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Communicalion of City Manager
requesling Conncil concur with Staff
recommendations regarding closed
caplioning of KDUB-TV local newscasting,
presented and read. Council Member
Voetberg moved that the conununicalioo be
received and filed and coocurred with
recommendation. Seconded by Conncil
Member Nicholson. Conied by the
following vote: Yeas-Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-Mayer Brady.
Proof of Publicalion cerlified to by the
Publisher on Nolice of Healing on Plans and
Specificalioos for the alley Sanitary Sewer
Reconslruclion between Rhocnberg and
Lincoln from Parley to Marshall Sts.,
presented and read. There were no wrlt1en
objeclioos received and no ocal objectors
present at \be time of the Healing. Council
Member Voetberg moved that the proof of
puliicalion be received and filed. Seconded
by Council Member Nagle. Conied by the
following vote: Yeas-Mayer Brady,
COWlcil Memben Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-Nooe.
RESOLUTION NO. 36.93
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Wbereas, on the 27th day of January,
1993, plans, specificalioos, form of contract
and eslimated oust were filed with the City
Clerk of Dubuque, Iowa for the Alley
Sanirary Sewer Reconslruclion between
Rhocnberg and Uncoln from Parley to
Marshall.
Whereas, nolice of hnaring on plans,
specificaliOlll, form of contrac~ and
estimated oust was published as required by
law.
NOW THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
That the said plans, specificalions, fonn
of contract and estimated cost are hereby
approved as the plans, specificalions, form of
contract and eslimated coot for said
improvements for aaid project
Passed, adopted and ap¡aoved this 15th
day ofPebruary, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Conncil Member Voetberg moved
adoplioo of \be Resolulion. Seconded by
Conncil Member Nagle. Conied by the
following vo"': Yeas-Mayor Brady,
Conncil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
Proof of Publicalion certified to by the
Puliisher on Nolice to Bidders of the
Receipt of Bids for the project and
communication of City Manager
recommending to award contract for projec~
presented and read. Council Member
Voetberg moved that the proof and
communicalion be received and filed.
Seconded by Council Member Nagle.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deicb, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
RESOLUTION NO. 37-93
AWARDING CONTRACT
Wbereas, sealed propoaals have been
submitted by contractors foc the Alley
Sanitary Sewer Reconslruclioo between
Rbocnberg and Uncoln from Parley to
43
Regular Session, February 15, 1993
Marshall pursuant to Resololion No. 26-93
and notioe to bidders pobllshed in a
newspaper published in the City of Dubuque,
Iowa on the 4th day of february, 1993.
Wbereas, said sealed proposals were
opened and read on the 9th day of Pebruary,
1993 and it has been determined that the bid
of Tschiggfrie Excavaling of Dubuque, Iowa
in the amount of $70,326.07 was the lowest
bid for the furnishings of all labor and
malerials and performing the work as
provided fer in the plans and specificalioos.
NOW THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE,IOWA:
That the contract fer the above
improvement be awarded to Tschiggfrie
Excavaling and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque roc the
complete perfonnance of the work.
BE IT fURTHER RESOLVED:
That upon the siglÚng of said contract and
the ap¡aoval of the contractor's hond, the
City Treasurer is authorized and insltUCted to
return the bid deposits of the Wlsucccssful
bidden.
Passed, approved and adopted this 15th
day of february, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Voetberg moved
adoptioo of the Resolulioo. Seconded by
CoWlcil Member Nagle. Conied by the
following vote: Yeas-Mayor Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-Nooe.
Proof of Publication cerlified to by the
Publisher on Nolice of Public Hearing to
reclassüy pmperty located on the Noctheast
Corner of Asbury Road and Clarke Drive
from ill to PR District and pelilion of
Richard J. & Joan M. Heston ohjecling to
placement of storm sewer through easement
between Lot 9 and Lot g, presented and
read. Council Member Krieg moved that the
proof and pelilion be received and filed.
Seconded by Council Member Kluesner.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Kluesner, Krieg,
Nagle, Voetberg. Nays-Counci1 Members
Deich, Nichol"".
An Ordinance amending Zoning
Ordinance by reclassifying pmperty loeated
on the Noctheast Comer of Asbury Road and
Clarke Drive from ill Instituliooal District to
PR Planned Residenlial District and adopling
a Cooceptual Development Plan.. said
Ordinance having been presented and read at
the CoWlcil Meeling of January 18, 1993,
presented foc final actioo.
CoWlcil Member Nicholson moved to table
the Ordinance. Seconded by Council
Member Nagle. Vote on the molion wus as
follows: Yeas-Council Members Deich,
Nagle. Nicholson. Nays-Mayor Brady,
Council Members Kluesner, Krieg, Voelberg.
MOTION PAlLED.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 5.93
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 TIlEREOF, ALSO
KNOWN AS THE ZONING
ORDINANCE OP TIlE CITY OF
DUBUQUE, IOWA, BY
RECLASSIPYING HEREINAFTER
DESCRIBED PROPERTY LOCATED
ON TIlE NORTIlEAST CORNER OF
ASBURY ROAD AND CLARKE
DRIVE FROM ID INSTITUTIONAL
DISTRICT TO PR PLANNED
RF..sIDENTIAL DISTRICT AND
ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN.
Whereas, Thomas Kluck and David
Kluck, pmperty owners, has filed a
conceptual development plan foc hereinafter
described in accordance with provisions of
the PR Planning Residenlial regulalions as
set focth in Section 3-1.6 of the Code of
Ordinances, Appendix A thereof, of the City
of Dubuque, Iowa; and
Wbereas, the Zoning Commission has
held a public hearing on said zoning
reclasaificalion and concepbJai development
plan pursuant to required published nolice;
and
Whereas, the Zoning Commission has
approved said zoning reclassificalion and
conceptual development plan subject to
specific condilioos and restriclioos having
found that said Plan conforms with the
review standarda applicable to such plans as
set forth in Sectioo 3- I.6D of the Code of
Ordinances, Appendix A thereof, of the City
of Dubuque, Iowa; and
Wbereas, the Zoning Commission
recommended the concurrence of the City
CoWlcil in approval of said zoning
reclassificalion und conceptual development
plan; and
Wbereas, the City Council has received
the recommendalion of the Zouing
Commiasion and conceptual development
plan subject to the same specific conditions
and restriclions.
Regular Session, February 15, 1993
44
NOW, THEREPORE, BE IT ORDAINED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seclion 1. That in Œder 10 accomplish
the purpose of the PR Planned Residenlial
District of the Zoning Ordinance of the City
ofDubuque,lowa, the zooing recwsificalion
from ill InslibJliooal District to PR Planned
Residenlial District and concepbJai
development plan, 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 3 of Red Cross Uuiversity Park in the
City of Dubuque, Iowa.
Seclion 2. That in ocder to accomplish
the pmposes of the PR Planned Residenlial
District and of the Zoning Ordinance, the
ahove dascribed property is subject to the
following condilions and restriclions:
A. Use Reoulalions.
The following regulalions sball apply to
all uses made of land in the ahove
described PR Planned Residential District:
I) Principal permitted uses shall be
limited to fourteen (14) condominium
dwelling ani" in seven (7) two-unit
complexes on the 2.59 acre parcel.
2) No secoodary er conlingency uses
shall be permitted.
3) Acoesscry uses shall inclnde any use
customarily incidenlal and subordi-
nate to the principal use it serves.
B. Lot and Bulk Reoulalions.
Development of land in the PR Planned
Residenlial District shall be regulated as
follows:
I) All building sltUCturea and activilies
sball be loeated in confocmance with
the attached conceptual development
plan and all final site development
plans are to be approved in
accordance with provisions of the PR
Planned Residential District
regulalions.
2) All buildings and structures shall
provide a Jront yard selback from
Asbury Road and Clarke Drive of
sixty (60) feet and a side yard
setback of forty (40) feet from the
adjoining properIies.
3) A maximum building beight of 24
feet shall be provided.
4) All other bulk regulalions of the R-4
Mulli-Parnily District shall be met for
construclion of all buildings and
structures, as establisbed in Seclion
3-1.5 of the Zoning Ordinance of the
City of Dubuque, Iowa.
5) No access shall be allowed ooto I
Clarke Drive.
C. Peñormance Slandards.
The development and maintenance of uses
in this PR Planned Residenlial District
shall be established in oouformance with
the following standards of Seclion 3-1.6
of the PR Planned Residential DistricL
I) Thephasingofthedevelopmentshall
occur as deacribed on the aUached
conceptual development plan, with
aU Ii.. \mprovements 10 be
completed for each phase.
2) An internal driveway system shall be
bardsurfaced and ooustructed by the
developer foc each phase with a
tempcrary cul-de-sac provided if
required by the City fire Chief. The
development of the internal driveway
system sball be reviewed by the
Zoning Commission if the phasing of
the development is not completed as
proposed. A permanent turnaroWld
acoess, with an all-weather surface,
sball be provided for fire equipment
acoessibility in accordance with City
fire Codes.
3) Street lighling shall be provided per
City standards.
4) Landscaping as noted on the attached
conceptual development plan shall be
Installed aroWld each complex wben
that complex is completed. Pinal site
development plans must indicate
exact localion and type of species to
be installed. Boundary screening of
a minimum of 6 feet in height sball
be provided aloog the adjoining east
residenlial pmperty line as Indicated
on the conceptual development plan.
5) Two parking spaces per dwelling anit
sball be provided.
6) All utillli.. including teIephooe and
cable televilioo shall be installed
underground.
7) Internal sidewalks shall be provided,
with conneclion to the existing
sidewalk system
8) The storm sewer sball not cress
adjacent lots unless adequa.. on-site
water detenlion and downsizing of
flow is approved by the City
Engineer prior to consltUCtion.
9) A final site development plan sball
be submitted in accondanoe with
Section 4-4 of the Zoning Ordinance
of the City of Dubuque, Iowa prior
to each construClÌon phase as
described on the anached conceptual
development plan. No further
grading, excavaling, or other land
disturbing aclivity may occur before
a final site plan is approved.
D. ()pen SD8CO und Recrealioual Areas
Those: areas not designated on the
conceptual development plan for
development shall be maintained as
open space, as defined by Sectioo 8
of the Zoning Ordinance of the City
45
Regular Session, February 15,1993
Regular session, February 15,1993
46
of Dubuque, Iowa, by the property
owner and/or associalioo.
E. Si.. Re.nlalions.
The sign regnlalions sball be the
same as that which are allowed in R-
4 Mnlti-Patnily Residenlial Disbict as
established in Seclion 4-3.11
Sebednle of Sign Regnlalioo. of the
Zoning Ordinance of the City of
Dubuque, Iowa.
P. Addiliooal Standards.
The conceptual development plan
shall be valid for a period of five (5)
years provided a final .ite
development plan for Phase I i.
submitted within one yeat from the
date of sp¡aoval and eacb addilioual
final site development plan for
Phases 11- IV is submitted within the
lime frame as proposed on the
attached conceptual development
plan.
G. Transfer ofOwnershlo
Transfer of ownership or lease of
property in this PR Planned
Residenlial District .hall include in
the transfer or lease agreement a
provisioo that the purchaser or lessee
acknowledges awareness of the
conditions authorizing the
establishment of the district
Passed, sp¡aoved and adopted this 15th
day ofPebruary, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OP ORDINANCE
NO. 5-93
We, Thomas Kluck and David Kluck,
having read the terms and condilions of the
foregoing Ordinance No. 5-93 and being
familiar with the condilioo. thereof, hereby
accept this same and agree to the coodilions
required therein.
Dated in Dubuque, Iowa this -
day of . 1993.
By /s/ Thomas Kluck
By /s/ David Kluck
Published officially in the Telegraph
Herald newspaper this day of , 1993.
Mary A. Davis CMC
City Clerk
Council Member Krieg moved fiual
adoplion of the Ordinance, as amended.
Seconded by Council Member Kluesner.
Conied by the following vote: Yeas-Mayor
Brady, Council MembeR Kluesner, Krieg,
Nagle, Voetberg. Nays-Council Members
Deich, Nicholson.
Proof of Pnblicalion on Notice of Public
Hearing to reclassify property at 3219
Asbury Rd. from R-I to C-I District and
pelilion ofTodd C. Spurling, D.C. requesling
CoWlcil table the public hearing to April 19,
1993, and pelition containing 16 signatures
objecling to rezoning of property at 3219
Asbury Rd. and an Ordinance Amending
Zoning Ordinance hy reclassifying property
at 3219 Albury Rd. from R-I Single-Patnily
Residenlial Disbict to C-I Neighborhood
Commercial Distric~ said Ordinance having
been denied by Zoning Corom and first
reading only given by Council at the meeling
of 1-18-93, presented for further aclion.
CoWlcil Member Kluesner moved that this
matter be tabled to the CoWlcii Meeling of
April 19, 1993. Seconded by Council
Member Nicholson. Camed by the
following vote: Yeaa-Mayor Brady,
CoWlcil Members Deich, Kluesner, Nagle,
Nicholson. Nays-Council Members Krieg,
Voetbeq¡.
BOARDS AND COMMISSIONS
Civil Service Commlsslun: One
unexpired term which will expire 3-31-96
(ferm of Pat Dillon). Applicalioos: lames
N. Feehan.
Commwrlcalion of Francis Giunta
endorsing the appointment of James Feehan
to the Civil Service Commission, presented
and read. CoWlcil Member Voetberg moved
that the commanicalion be received and
filed. Seconded by Council Member Krieg.
Conied by the following vote: Yeaa-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Mayor Brady appointed James N. Feehan
to the unexpred term on the Civil Service
Conunission. Conncil Member Voetberg
moved approval of the Mayor's appointment
Seconded by Council Member Krieg.
Conied by the following vote: Yeaa-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicbolson, Voetberg.
Nays-None. . Therefore, James N. Peehan
appointed to the Civil Service Conunission
for the Wlexpired term which will expire 3-
31-96.
Walter A. Pregler and Thomas C.
Wainwright to Members At-Latge; Kathy
Plynn Thurlow and Mrs. Mary L. Love
endorsing Gene Perry for appointment to
Census Block III; Peggy Pearson, R. Patricia
McEnery,John Oberman, Linda A. Heyer,
Marcia K. Davis, Cberyl L. Moran, Patricia
C. Prey, Janis Lange endorsing Lou Ann
Stapleton to the Community Development
Commission; Anna O'Shea, Carol Dunlap,
Marty O'Shea and Carl Robey endorsing
appointment of Andrea Shickles; Carl Robey
endorsing Elizabeth Mihalalris, Tom
Wainwright and Walt Pregler to posilions on
the Community Development Commissioo;
Hugh G. LaMont recommending
appointment of Cindy Steinhauser to
Commwrlty Development Commissioo;
Communication of Mark Schneider
requesling appointment to Community
Development Comrnissioo represenling At-
Large, presented and read. Council Member
Voetberg moved that the commWlicalions be
received and filed. Seconded by Council
Member Kluesner. Conied by the following
vote: Yeaa-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Vacancies: Two One-yeat terms which
will expire 2-15-94 (One at-large and one
from Census Tract); Three Two-yeat terms
which will expire 2-15-95 (One at-large and
two from Census Tracts); Tbree three-yeat
terms which will expire 2-15-96 (One at-
large and two from Census Tracts).
Census Tract III Applicants: Wm (Bill)
Dangherty, Eilleen M. George, E. Eugene
Petry. Census Tract 112 Applicants: Michael
J. Kelley, Andrea Psaros-Shickles, Lou Ann
Stapleton. Census Tract 113 Applicants:
Merle J. Duebr, Jr.; Census Tract 115
Applicants: Elizabeth Mihalalds; Census
Tract 1110: Jan Callahan, Sr. Lynn Malie
Fangman. At Large Applicants: Ken
Beeghley, John D. Davis, Pan! Elmer, Carl
Heathcote, Neil Kelley, Karl J. Kohnen,
JoAnn A. Pos~ Walter A. Pregler, Timothy
Pnls, Gayle C. Randolph II, Mark A.
Schneider, Richard Stein, Cynthia M.
Steinhauser, Thomas C. Wainwright
Vote for appointee from Census Tract III:
Mayor Brady voted foc Dangherty. Council
Member Deich voted for Dangherty.
CoWlcil Member Kluesuer voted for Petry.
CoWlcil Member Kluesner voted for Petry.
Council Member Nagle voted for Perry.
CoWlcil Member Nicholson voted foc Perry.
CoWlcil Member Voetberg voted for Petry.
Tberefore E. Engene Petry appointed to a
term 00 the Community Development
Commission, representing Census Tract Ill,
for a ooe year term that will expire 2-15-94.
Vote for appointee from Census Tract 112:
Mayor Brady voted for Psaroø-Shickles.
Community Development Commission
Commwrlcalion of Housing Services
Division Mgr. advising that Housing
Conunissioner Boh Fisch has been appointed
to the Community Development Commission
as liaison person from the Housing
Commission, communicalions of Dubuque
Pederalion ofLaboc, APL-CIO endorsing the
appointments of E. Eugene Petry to Census
Block III, Andrea Shickles or Lou Ann
Stapleton to Census Block 112, Merle J.
Duebr to Census Block 113, Elizabeth
Mihalalris to Census Block 115, Jan Callahan
to Census Block 1110 and Karl J. Kobnen,
Conncil Member Deich voted for Stapleton.
Council Member Kluesner voted for Psaros-
Shickles. CoWlcil Meffiber Krieg voted for
Psaros-Shickles. CoWlcil Member Nagle
voted for Psaros-Shickles. Council Member
Nicholson voted for Paaros-Shickles.
CoWlcil Member Voetberg voted for Psaros-
Shickles. Therefore Andre Psaros-Shickles
was appointed to the Community
Development Commission, representing
Censns Tract 112. for a three year term to
expire 2-15-96.
Appointee from Census Tract 113 and 115:
CoWlcil Member Voetberg moved that Merle
J. Duebr be appointed to a two yeat term
expiring on 2-15-95 and Elizabeth Mihalalds
to a three year term expiring 2-15-96,
reprosenling Census Tracts 113 & '5
respeclivelyon the Community Development
Commiasion. Seconded by Council Member
Kluesner. Conied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
Vote for the appolntee represenling
Census Tract '10. Mayor Brady voted for
Fangman. Council Member Deicb voted for
Callahan. Council Member Kluesner voted
for Callahan. CoWlcil Member Krieg voted
for Callahan. CoWlcii Member Nagle voted
for Callahan. Council Member Nicholson
voted foc Fangman. Conncil Member
Voetbeq¡ voted for Callahan. Therefore, Jan
Callahan appointed representing Census
Tract '10 to the Community Development
Commission roc a two yeat term to expire 2-
15-95.
Vote for the At Large appolntees to !be
Commanity Development Commissioo:
Tbree individuals needed: Mayor Brady
voted for Kelley, Kohnen and Wainwright
CoWlcil Member Deicb voted for Heathcote,
Kohnen and Pregler. CoWlcil Member
Kluesner voted foc Heathcote, Pregler and
Steinhauser. Council Member Krieg voted
for Pos~ Pregler, and Steinhauser. Council
Member Nagle voted for Kelley, Pregler and
Wainwright CoWlcil Member Nicholson
voted for Kelley, Pregler, and Stein. Council
Member Voetberg voted foc Pregler,
Randolph and Steinhanser. Therefore,
Walter A. Pregler appointed to a three yeat
term which will expire 2-15-96.
Secood vote: Mayor Brady voted for
Kciley and Steinhauser. CoWlcil Member
Deicb voted foc Kohnen and Wainwright
CoWlcil Member Kluesner voted for
Heathcote and Steinhauser. CoWlcil Member
Krieg voted foc Post and Steinhauser.
CoWlcil Member Nagle voted for Kelley and
Wainwright CoWlcil Member Nicholson
voted for Kelley and Wainwright Council
Member Voetberg voted foc Post and
Steinhauser. Therefore, Cynthia Steinhauser
47
Regular Session, February 15, 1993
appointed to the two year limn expiring 2-
15-95.
Piual vote foc the third appointee: Mayor
Brady voted for Kohnen. Council Member
Deich voted for Wainwright Council
Member Kluesner voted for Kohnen.
Council Member Krieg voted for
Wainwright Council Member Nagle voted
for Wainwright Council Member Nicholson
voted for Wainwright Council Member
Voetberg voted for Kohnen. Therefore,
Thomas C. Wainwright appointed to a ooe
yeat term which will expire 2-15-94.
Council Members appointment to
Dubuque Racing Assncialion (3) and
appoinbnents to Opemlion: New View Board
(3 appointments & (I) alternate: Council
Member Nagle moved reappointment of
Mayor Brady, CoWlcil Members Nicholson
and Voetherg to the Dubuque Racing Assn.
Seconded by Council Member Voetberg.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
CoWlcil Member Krieg moved that
CoWlcii Members Nicholson and Nagle with
Assistant City Manager Stephani Johnson be
appointed to the Opemlioo: New View Board
with Council Member Deich as allernale.
Seconded by Council Member Voetberg.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Communication of Julia Glab,
Chairperson of Investment Oversight
Conunission submitling the first quartedy
report of the Investment Oversight
Commission and requesting Council consider
increasing Coonnissioo to five (5) members,
presented and read. Council Member
Voetberg moved that the commanicalions be
received and filed and referred to the City
Manager to respond to report. Seconded by
CoWlcii Member Nichol,,",. Conied by the
following vote: Yeas-CoWlcii Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-Mayoc Brady.
Communicalion of City Manager
submitting oplions to Council regarding
filling the Wlexpired (vacancy) term on the
Commission and also submitling an
Ordinance providing for increasing the
number of members on the Investment
Oversight Commissioo to five (5), presented
and read. CoWlcil Member Voetberg moved
that the communicalion be received and filed
and directed that the Commission be
expanded to five members. Seconded by
CoWlcil Member Nicholson. Conied by the
following vote: Yeas-CoWlcil Members
Deich, Kloosner, Krieg, Nagle, Nicholson,
Voetberg. Nay--Mayor Brady.
Appointment to Investment Oversight
Commission foc the anexpired term to expire
July I, 1994 (term of Thomas Quigg).
CoWlcii Member Voetberg moved that Paw
Lassance be appointed to fIll the unexpired
term which will expire 7-1-94. Seconded by
Council Member Nicholson. Conied by the
following vote: Yeas-Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-Mayor Brady.
An Ordinance amending Code of
Ordinances by enacling a new Seclion 2-232
providing for increasing membership on the
Investment Oversight Commission to five (5)
members, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 6.93
AN ORDINANCE AMENDING
ARTICLE VIII OF THE CITY OF
DUBUQUE CODE OF
ORDINANCES RELATING TO
THE INVESTMENT OVERSIGHT
COMMISSION, BY REPEALING
SECTION 2-232, RELATING TO
THE APPOINTMENT AND
TERMS OF THE MEMBERS OP
THE COMMISSION AND
ADOPTING IN LIEU TIIEREOF A
NEW SECTION 2-232, RELATING
TO THE APPOINTMENT AND
TERMS OF THE MEMBERS OF
THE COMMISSION; AND BY
REPEALING SECTION 2.236(c)
PROVIDING FOR TIlE QUORUM
OF THE COMMISSION AND
ADOPTING IN LIEU THEREOP A
NEW SECTION 2-236«)
PROVIDING FOR THE QUORUM
OF THE COMMISSION.
NOW, THEREfORE, BE IT ORDAINED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE,IOWA:
Seclion I. Seclion 2-232 of the City of
Dubuqoo Code of Ordinances is hereby
repealed and the following new Seclion 2-
232 is hereby adopted:
Seelion 2-232. Compcsilion.
(0) The investment overaigbt commission
members shall be appointed by the city
council. Tbe commission sball be made up
of five (5) members of the community with
knowledge ahout investments and finance
but with no affillalion with a firm or
corporaIion whicb does now or may in the
future provide investment or financial advice
or services to the city.
Regular Session, February 15, 1993
48
(b) The otiginal appointment of the
members of the commission sball be as foll-
ows: ooe (I) for one (I) yeat, ooe (I) for
two (2) years, and ooe (I) for three (3)
years, from Joly I of the yeat of such
appointment or until a successor is named to
serve out the Wlexpired porIion of a term of
appointment or until a successor is appointed
to serve for a limn of three (3) years. After
February 15, 1993, !we addiliooal members
of the Commission shall be appointed as
follows: One (I) roc oue (I) year, and ooe
(I) for two (2) years. Members appointed
thereafter shall serve three-year terms.
Seclion 2. Seclion 2-236 of the City of
Dubuque Code of Ordinances is hereby
repealed and the following new Seclioo 2-
236 is hereby adopted:
Seclion 2-236. Meelings.
(a) Tbe commissioo sball meet as it
determines appropriate.
(b) All meelings of the commission shall
be held in conformance with the Iowa
Open Meelin8s Law, Ch. 21 of the Code
oflowa.
(c) A quonun of the commission shall be
three (3) members. A majority of the
members present and voling shall be
necessary for the passage of any molion.
The chai1petson shall vote as a member
of the commission.
Seclion 3. Current commissioners whcae
terms expire on July I, 1993, July I, 1994,
and July I, 1995, shall conlinue to serve
until such lime, or unlil a successor is duly
appointed, to serve out the unexpired porIion
of the term of appointment
Seclion 4. This Ordinance shall take
effect upon publicalion.
Passed, approved and adopted this 15th
day ofPebruary, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 21st day ofPebruary,
1993.
Mary A. Davis CMC
It 2/21 City Clerk
CoWlcil Member Voetberg moved that
this be considered the first reading of the
Ordinance, and that the requirement that a
proposed Ordinance be considered and voted
on for pasaage at two Conncil meelings prior
to the meeting at which it is to be fiually
adopted be suspended and further moved
final adoplion of the Ordinance. Seconded
by Council Member Nicholsoo. Conied by
the following vote: Yeaa-CoWlcil Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-Mayor Brady.
9:06 p.m Cooncil recessed; 9:29 p.m
CoWlcil reconvened.
Commwúcation of fourth Street Peninsola
Study Group subrnitling their completed
altemalive development package to Urban
Renewal, presented and read. Council
Memher Krieg moved that the
commwúcalion be received and filed and
also approved four recommendalions as
stated in Memorandum from Gail ChaveneUe
and John Hendry. Seconded by Council
Member Voetberg. Conied by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
John Hen<hy of Tbe Adams Co. and
Wayne Norman spoke to the report.
A Resolulion adopling the amended and
restated Ice harbor Urban Renewal District
Urban Renewal Plan for the Urban Renewal
Area described therein, (said Resolulion
deferred from the meeling of 1-18-93),
presented and read. Council Member
Voetberg moved to deny the Resolulion.
Seconded by Council Member Nagle.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voctberg.
Nays-None.
Verbal pelilion of Council Member Deich
requesting recoosideralion of aclion taken at
meeling of February I, 1993 regarding
supporting an applicalion of Dubuque
Housing lniliative for funding and direcling
Resolulion be placed 00 the agenda foc 2-15-
93. Conncil Member Deich moved
reconsideration of the aclion taken.
Seconded by Cooncil Member Voetberg.
Conied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Kluesner,
Nagle, Nichol"",, Voetherg. Nays-None.
Abstain--Council Member Krieg.
Commwúcalion of TIm Pnls, Execulive
Directoc of Dubuque Housing lnilialive
submitting addilioual informalioo regarding
their reqoost for spoosorship of proposed
Rockdale Road Affordable Housing
Developroen~ presented and read. Council
Member Voetberg moved that the
commwúcalion be received and filed.
Seconded by Council Member Nicholson.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voctberg.
Nays-None.
RESOLUTION NO. 38.93
RESOLUTION SUPPORTING
APPLICATION OF DUBUQUE
HOUSING INITIATIVE FOR
FUNDING UNDER TIlE IOWA
FINANCE AUTHORITY'S
49
Regular Session, February 15, 1993
RESOLUTION NO. 39-93
HOUSING ASSISTANCE FUND
PROGRAM.
Whereas, The City ofDubuque recognizes
the ccnlinning Wlmet need for provision of
affŒdable housing; and
Wbereas, Tbe Iowa Pinanoe Authority has
made available funds to assist cilies, priVale-
and non-profit developers to create addiliooal
affŒdable housing; and
Wbereas, Dubuque Housing lnilialive has
ap¡aoached the City with a proposal to create
64 units of affordable family housing, and
has asked that the City be the local housing
spoosor of a proposal for funding to the
Iowa Pinance Authority.
Whereas, it is the intent of the City
CoWlcil and the above-named pelilioner that
this development sball in no way interfere or
conflict with the sucoesslnl complelion of the
planned Southwest Arterial.
NOW, THEREfORE, BE IT RBSOL VED
BY THE ClTY COUNCIL OP THE CITY
OPDUBUQUE,IOWA:
Seclion 1. That the City of Dubuque as
the local housing sponsor hereby officially
expresses support for the Dubuque Housing
lnilialive's applicalion to the Iowa Pinance
Authority for low-income housing
development assistance.
Seclion 2. That the City Clerk is hereby
authotized and directed to transmit a cerlified
copy of this Resolulion to the Iowa Pinance
Authotity on behalf of the City of Dnbuque,
Iowa.
Passed, approved and adopted this 15th
dayofPebruary,I993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Voetberg moved
adoplioo of the Resolution. Seconded by
CoWlcil Member Nichol"". Conied by the
following vote: Yeas-Mayer Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-Nooe.
Communicalion of Executive Director of
East Central Intergovernmental Association
requesting approval of amendment to EClA
Arlicles of Agreemen~ presented and read.
CoWlcil Member Voetberg moved that the
commanicalion be received and filed.
Seconded by Council Member Nagle.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deicb, Kluesner,
Krieg, Nagle, Nicholson, Voctberg.
Nays-None.
Wbereas, the CoWllies and MWlicipalilies
in East Central Intergovernmental
Associalion local governments have adopted
Resolulions approving and accepling the
Arlicles of Agreement of the East Central
Intergovernmental Associalion;
Wbereas, the Council of the East Central
Intergovernmental Associalion bas proposed
the Second Amendment to the Arlicles of
Agreemen~ and
Wbereas, the proposed amendments were
ap W'Oved hy the Council of the East Central
Intergovernmental Associalion by a 2(3 vote
of the Association Council representalives
present and voling at the January 27, 1993
regolar meeting in accordanoe with Arlicle X
of the aforesaid Arlicles of Agreement, as
amended.
NOW, THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA
that this Resolulion serve as its consent and
approval of the recommended Second
Amendment to Arlicles of Agreement as
preseribed in Arlic1es X and Xl of the
afocesaid Arlicles of Agreement, as amended.
BE IT fURTHER RESOLVED that this
Resolulion be made a matter of public
record.
Passed, adopted and approved this 15th
dayofPebruary,I993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voctberg moved
adoptioo of the Resolulioo. Seconded by
CoWlcil Member Nagle. Conied by the
following vote: Yeas-Mayor Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
Communicalion of City Manager
requesling approval to purchase real estate at
1353 Bluff St, presented and read. Council
Member Voetberg moved that the
convnanicalion be received and filed.
Seconded by Council Member Nagle.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
RESOLUTION NO. 40.93
RESOLUTION OF INTENT TO
ACQumE REAL ESTATE AT 1353
BLUFF STREET. IN THE CITY OF
DUBUQUE.
Regular Session, February 15, 1993
50
Wbereas, the City of Dubuque is
committed to enforcement ofbouling qualIty
standards and to the provisioo of assistance
toward the addilioo of housing units to the
City's inventory; and
Whereas, acqnisition of suitable
properlies, in specific instances, is an
appropriate means of achieving these goals.
NOW, THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE,IOWA:
Seclion 1. That the City Council of the
City of Dubuque hereby gives nolioe of its
intent to acquire the following legally
described property from Dubuque County:
The South One-half (S ) of Lot 769A in
McDaniel's Subdivisioo of Town Lots, in
the City of Dubuque, Iowa, Dubuque
COWlty, Iowa, according to the recorded
plat thereof.
at the cost of One Dollar ($1), subject to
review and approval of a deed conveying
such pmperty.
Passed, ap¡aoved and adopted this 15th
day ofPebruary, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Voetberg moved
adoplion of the Resolulion. Seconded by
CoWlcil Member Nagle. Conied by the
following vote: Yeas-Mayer Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-Nooe.
An Ordinance repealing Seclion 2-21 of
the Code of Onllnances and adopling in lieu
thereof a new Seclion 2-21 providing for the
compensalion for the Mayer and Conncil
Members, with first reading only given on 1-
18-93, presented for further aclioo. Council
Member Krieg moved that this be considered
the second reading of the Ordinance, as
amended. Seccnded by Council Member
Kluesner. Conied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson.
Nays-CoWlcil Members Nagle, Voetberg.
RESOLUTION NO. 41.93
RESOLUTION WAIVING
CERTAIN PAYMENTS AND
FORGIVING CERTAIN
INDEBTEDNESS OF THE
DUBUQUE RACING
ASSOCIATION, LTD.
Wbereas, the City of Dubuque, Iowa
(City) Is the Lessor and Dubuque Racing
Associalion, Ltd. (Associalion) is the Lessee
under a Lease Agreement entered into
February 28, 1990, for certain property in
the city of Dubuque, Iowa, inclading
Dubuque Greyhound Park; and
Whereas, the Leaae Agreement requires
the Associalioo to make certain rental
payments, as well as payments to a
deprecialion and improvement fnnd; and
Wbereas, the City Council of the City of
Dubuque desires to waive such payments
and to forgive the indebtedness therefor
under the Lease Agreement for 1993 in order
to allow Associalioo officials to devote such
monies to the betterment of Dnbuque
Greyhound Park by assuring that quality
greyhoWld dog racing will conlinue at
Dubuque Greyhound Park.
NOW, THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE,IOWA:
Section 1. The rental payments required
by Paragraph 3 of the Lease Agreement to
be paid by the Associalion in the amount of
$20,000 00 or before Apri115, 1993, and in
the amount of $20,000 on or before July 15,
1993, are hereby waived and the
indebtedness therefer is hereby forgiven.
Seclion 2 The deprecialion and
improvement fWld payments requited by
Paragraph 5 of the Lease Agreement to be
paid by the Associalion in the amount of
$20,000 per month for May, June, July,
Augus~ September and October of 1993 are
hereby waived and the indebtedness therefor
is bereby focgiven.
Passed, approved and adopted this 15th
dayofPebruary,I993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Voetberg moved
adoplioo of the Resolnlion. Seconded by
CoWlcii Member Nichol"". Conied by the
following vole: Yeaa-Mayor Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-Nooe.
RESOLUTION NO. 42-93
Wbereas, applicalions for Beer Permits
have been submitted and filed to this Council
for approval and the same have been
exatnined and approved; and
Wbereas, the premises to be occupied by
such awllcants were inspected and found to
comply with the Onllnances of this City and
have filed proper honds.
NOW, THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
That the Manager be authotized to cause
to be issued the following named applicants
a Beer Permit
51
Regular Session, February 15, 1993
CLASS "B" BEER PERMIT
Geocge M. StepI1enson Bunker Hill
Golf Shop Sunday SalelOO Bunker Hill
CLASS "C" BEER PERMIT
Lee W. Potter, Sr. West LocUit Mart
Sunday Sales 408 W. Locust
Loren E. Zihlke Milk House
Sunday Sales 2311 Windsor
Hill Street Plaza, Inc. Oky Dcl<y * 8
Sunday Sales 535 Hill Sl
JPT Lid. Oky Dcl<y * 2
Sunday Sales SI W. 32nd
CLASS "BE" BEER PERMIT
Nash-Pinch Company &ooofoods * 471
Sunday Sales 3355 JPK Circle
Passed, approved and adopted this 15th
day ofPebruary, 1993.
Passed, approved and adopted this
15th day ofPebruary 1993.
James E. Brady
Mayor
James E. Brady
Msyor
Attest:
Mary A. Davis
City Clerk
CoW1cil Member Kluesner moved
adoplioo of the Resolution. Seconded by
CoWlcil Member Nagle. Conied by the
following vote: Yeaa-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
Communicalion of City Manager
submitting resolulions providing for public
hearing on the Piseal Yeat 1994 Budget,
presented and read. Council Member Krieg
moved that the communicalioo be received
and filed. Seconded by Conncil Member
Nagle. Conied by the following vote:
Yeaa-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Kluesner moved
adoplioo of the Resolulion. Seconded by
CoWlcil Member Nagle. Conied by the
following vote: Yeas-Mayor Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-Nooe.
RESOLUTION NO.43-93
RESOLUTION NO. 44.93
RESOLUTION SETIING mE
DATE OF THE PUBLIC HEARING
ON mE FISCAL YEAR 1993
BUDGET FOR THE CITY OF
DUBUQUE
Whereas, Seclion 3g4.16 of the Code of
~ provides that the City Council šiiãiišët
a lime and place for a public hearing on the
budget before the fiual cerlificalion date and
sball publish nolice before the bearing as
provided in Seclion 362.3 of the Code of
Iowa. -
---WOW THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seclion 1. That the City CoWlcii shall
conduct a poblic hearing on the proposed
1993-94 budget of the City of Dubuque at
the Carnegie Stout Public Library
Auditorium, 360 West 11th Stree~ Dubuque,
Iowa, on Thuraday, March 4, 1993,
beginning at 7:30 p.m.
Seclion 2. That the City Clerk be and is
hereby authorized and directed to publish
according to law nolice of public hearing
together with the required budget
infocmalion.
Passed, approved and adopted this 15th
day ofPebruary, 1993.
Wbereaa, applicalions for Uquor Ucenses
have been submitted to this Council for
approval and the same have been exatnined
and approved; and
Wbereas, 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 pmper honds.
NOW, THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
That the Manager be authotized to cause
to be issued the following named applicants
a Liquor Ucense.
CLASS "C"
(COMMERCIAL) BEER AND LIQUOR
LICENSE
Wbeel House, Inc.
Sunday Sales
James W. Keegan
1445 Central
Apartments Lid Corp Dubuque Mining Co.
Sunday Sales 555 J. P. K.
CLASS "E" LIQUOR LICENSE
Hy-Vee food Stores, Inc. Hy-Vee
food Store 3500 Dodge
Nash-Pinch Company &ooofooda * 471
3355 IPK Circle
Wbeel House
1630 E. 16th
Bodine's Lounge
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
-Regular Session, February 15, 1993
CoWlcii Member Krieg moved adoplion
of the Resolulion. Seconded by Council
Member Nagle. Conied by the following
vote: Yeaa-Mayor Brady, ConncilMembers
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
RESOLUTION NO. 45.93
SETIING THE DATE OF PUBLIC
HEARING ON THE FIVE YEAR
CAPITAL IMPROVEMENT
PROGRAM
Whereas, a proposed five yeat Capital
Improvement Program foc the City of
Dubuque has been prepared and submitted to
the City Council; and
Wbereas, the capital projects for the first
yeat are included in the fiscal Yeat 1994
budget for the City of Dnbuque; and
Whereas, it is deemed to be in the best
interest of the City of Dubuque to conduct a
public bearing and to adopt the five yeat
Capital Improvement Program
simultaneously with the public hearing and
adoplioo of the ¡¡¡seal Yeat 1994 budget for
the City of Dubuque.
NOW THERP.FORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE,IOWA:
Seclion 1. That the City Council shall
conduct a public hearing 00 the five yeat
Capital Improvement Program at the
Camegie Stout Public Library Auditorium,
360 West 11th SIree~ Dubuque, Iowa, on
Thursday, March 4, 1993, beginning at 7:30
p.m
Seclion 2. Thst the City Clerk be and is
hereby authorized and ditected to publish
nolice of the public hearing.
Passed, approved and adopted this 15th
day of february, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Krieg moved adoplion
of the Resolulion. Seconded by Council
Member Nagle. Conied by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
RESOLUTION NO. 46.93
AUTHORIZING PUBLICATION
OF NOTICE OF PUBLIC
HEARING FOR THE USE OF
COMMUNITY DEVEWPMENT
BLOCK GRANT FUNDS
52
Whereas, the City of Dubuque is enlided
under Tide I of the Housing and Community
Development Act of 1974, as amended, to
certain Community Development Block
Grant fundi; and
Wbereas, the regulalions governing the
submission of a statement of intent for such
fundi require that cilizens be provided with
adequate informalion concerning the
Commnnity Development Block Grant
Program and an adequate opportUnity to
parlicipate in the development of the
submission and in the development of any
revisions, changes oc amendments; and
Wbereas, it bas been deemed to be in the
best interest of the Community Development
Block Grant Program to hold a public
hearing to supplement previously beld
meetings with private and public agencies,
City Manager's budget meelings, and the
public meeling conducted by the Community
and Economic Development Departrnen~ and
Wbereas, it is further deemed to be in the
best intereat of the City of Dnbuque to hold
such public hearing simultaneously with the
public hearing 00 the five yeat Capital
Improvement Program and the fiscal Yeat
1994 bndget fer the City of Dubuque.
NOW THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seclion 1. That the City Clerk be and is
hereby authorized and directed to publisb
nolice of public hearing in the focm of
Exhibit" A" attached bereto and made a part
thereof.
Passed, approved and adopted this 15th
dayofPebruary,I993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
COWlcil Member Krieg moved adoplion
of the Resolulion. Seconded by Council
Member Nagle. Carried by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Communicalion of City Manager
submitting bidding procedure and documents
for the reconslruclioo of the Washington
Street Sanitary Sewer from 28th to 30th
Stree~ presented and read. Council Member
Krieg moved adoplion of the Resolulion.
Seconded by Conncil Member Nagle.
Conied by the follcwing vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
53
Regular Session, February 15, 1993
Regular Session, February 15, 1993
54
RESOLUTION NO. 47.93
PRELIMINARY APPROVAL
OF PLANS AND
SPECIFlCA TIONS
NOW THEREPORE, BE IT RESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
That the proposed plans, specificalioos,
form of contract and eslimated cost for the
Washington Street Sanitary Sewer
Reconstruclion from 28th Slreet to 30th
SIree~ in the eslimated amount of
$138,701.39, are hereby approved and
ordered filed in the offioe of the City Clerk
for public inspeclioo.
Passed, adopted and approved this 15th
day ofPebrnary, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Krieg moved adoplion
of the Resolulion. Seconded by Council
Member Nagle. Conied by the following
vote: Yeaa-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
RESOLUTION NO. 48.93
FIXING DATE OF IlEARING ON
PLANS AND SPECIFICATIONS
Wbereas, the City Council of the City of
Dubuque, Iowa has given its prelimiuary
approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the City
Clerk fer public inspeclion of the
Washington Street Sanitary Sewer
Reconstruclion from 28th Slreet to 30th
Slreet
NOW TlIEREfORE, BE IT RESOLVED
BY THE ClTY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
That on the 15th day of March, 1993, a
public hearing will be held at 7:30 p.m in
the Public Library Auditorium at which time
interested persons may appear and be heard
for or against the. proposed plans and
specifications, form of centra<:! and cost of
said improvemen~ and the City Clerk be and
is hereby directed to cause a nodee of lime
and place of such bearing to be published in
a newspaper having general ciroulalioo in the
City of Dubuque, Iowa, which nolioe shall
be not less than four days nor more than
twenty days prior to the day fixed for its
consideralioo. At the bearing, any interested
person may appeal and file objections to the
proposed plans, specificalions, centrac~ or
estimated cost of the improvement
Passed, adopted and approved this 15th
day ofPebruary, 1993.
James E. Brady
Mayor
Brady, Council Members Deicb, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Krieg moved adoplion
of the Resolulion. Secooded by Council
Member Nagle. Conied by the following
vote: Yeaa-Mayor Brady, Council Members
Deich, Kluesner. Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
RESOLUTION NO. 49-93
ORDERING BIDS
RESOLUTION No. 50-93
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST AND
VACATE THE UNUSED
EASTERLY FOUR FEET (4') OF
TIlE EXISTING 10 FOOT (10')
WIDE UTILITY EASEMENT
ALONG TIlE WESTERLY LOT
LINE OF LOT 13 OF BLOCK 3 IN
EMBASSY WEST NO.2
NOW THEREFORE, BE IT RESOLVED
BY THE COUNCIL OP THE CITY OP
DUBUQUE, IOWA:
That the Washington Street Sanitary
Sewer Reconstruclion from 28th Street to
30th Street is bereby ordered to be
adverlised for bids for construclion.
BE IT fURTHER RESOLVED, that the
amount of the security to accompany each
bid sball be in an amount which shall
conform to the provisioos of the nolice to
bidders hereby approved as a part of the
plans and specificalions heretofore adopted.
That the City Clerk is hereby directed to
adverlise for bids for the construclion of the
improvements herein provided, to be
published in a newspaper having general
ciroulalion in the City of Dubuque, Iowa,
which nolice shall not be less than four days
nor more than twenty days prior to the
receipt of said bids at 2:00 p.m. on the 4th
day of March, 1993. Bids shall be opeued
and read by the City Clerk at said lime and
will be submined to the Conncil for final
aclion at 7:30 p.m on the 15th day of
March, 1993.
Passed, adopted and approved this 15th
dayofPebruary,I993.
Whereas, Westside Development
Associalionls the current owner of Lot 13 of
Block 3 in Embassy West No.2; and
Whereas, a 10 foot wide utility easement
is currently platted on said lo~ and
Whereas, Westside Development
Associalion has peliliooed to vacate the
unused eaaterly four feet (4') of said exisling
10 fnot (10') wide ulility easement In said
Lot 13 of Block 3 in Embassy West No. 2.
NOW, THEREfORE,BEITRESOLVED
BY THE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seclion 1. That the Clty of Dubuque,
Iowa intends to dispose of its interest and
vacate the unused eaaterly four feet (4') of
the exisling 10 foot (10') wide ulility
easement along the westerly lot line of Lot
13 of Block 3 In Emhassy West No. 2.
Seclion 2. That the City Clerk be and Is
hereby authorized and directed to cause a
nolice to be published as preacribed under
Seclion 364.7 Code of Iowa, 1991, or
amended.
Passed, approved and adopted this 15th
dayofPebruary,I993.
James E. Brady
Mayor
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Krieg moved adoplion
of the Resolulion and further set it foc Public
Hearing on 3-1-93 at 7:30p.m in the Public
Library Anditorium and direct the City Clerk
publish notice in the manner prescribed by
law. Secooded by Council Member Nagle.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Krieg moved adoplion
of the Resolution. Secooded by Council
Member Nagle. Conied by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Commonicalion of City Manager
recommending approval 00 the request to
vacate a utility easement in Embassy West
Subdivision No.2, presented and read.
CoWlcil Member Krieg moved that the
cemmnnicalion be received and filed.
Seconded by Council Member Nagle.
Conied by the following vote: Yeas-Mayor
Communicalion of City Manager
recommending to dispose of City's intereat
in real property by granting rights of way to
the SOD Line Railroad for placement of
railroad tracks and set foc public bearing,
presented and read. Council Member Nagle
moved that the communicalioo be received
and filed. Seconded by Council Member
NichollOll. Conied by the following vote:
Yeas-May<Jl' Brady, Cooncil Members
Deicb, KI__, Krieg, Nagle, NichollOll,
Voetberg. Nays-None.
RESOLUTION NO. 51.93
RESOLUTION OF INTENT TO
DISPOSE OF INTEREST IN REAL
PROPERTY BY GRANTING
RIGHTS-OF-WAY TO TIlE SOO
LINE RAILROAD FOR TIlE
PLACEMENT OF RAILROAD
TRACKS ON PORTIONS OF 6TII
STREET, W ASWNGTON STREET,
THE ALLEY BE1WEEN 'TII
STREET AND WASHINGTON
STREET, WALL STREET, 7TII
STREET, 8TH STREET, TIlE
ALLEY BETWEEN TI'H STREET
AND 8TH STREET, PINE STREET,
KERPER BOULEVARD AND I1TII
STREET
Whereas, I.D.O.T. has requested that
rights-of-way be granted to the Sou tine
Railroad Company to place its tracks over
6th SIree~ Washington SIree~ the alley
between 6th Slreet and Washington SIree~
Wall SIree~ 7th SIree~ gth Stree~ the alley
between 7th Slreet and 8th Stree~ Pine
SIree~ Kerper Boulevard and II th SIree~ all
in the City of Dubuque, Iowa; and
Whereas, the I.D.O.T. has prepared and
submitted plats showing the rights-of-way in
the ahove menliooed slreets and alleys all in
the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that granling
of said rights-of-way is in the best interest of
the City and the granling of said rights-of-
way should be approved.
NOW, THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL Of THE CITY
OP DUBUQUE, IOWA:
Seclion 1. That the City of Dubuque
intends to grant said rights-of-way to the Sou
tine Railroad on pocIioos of 6th SIree~
Washington SIree~ the alley between 6th
Slreet and Washington S~ Wall SIree~
7th SIree~ 8th SIree~ the alley between 7th
Slreet and 8th SIree~ Pine Stree~ Kerper
Boulevard and 11th Street
Seclioo 2. That a public bearing on the
granling of said rights-of-way be set for the
1st day of March, 1993 at 7:30 p.m in the
Public Ubrary Auditorium.
Seclion 3. That the City Clerk be and is
hereby authoriud and directed to publish a
nolice of Intent to dispose of intereat in real
property by granling said rights-of-way as
preacribed under Seclion 364.7, Code of
Iowa, 1991 Πas amended.
'~"~N . -.. ."".... ,~'. ~,
55
Regular Session, February 15, 1993
Regular Session, February 15, 1993
56
Passed, ap¡aoved and adopted this 15th
day ofPebruary, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
COWlcil Member Nagle moved adoplion
of the Resolulion and further set it for Public
Healing on 3-1-93 at 7:30 p.m in the Public
Library Auditorium and direct the City Clerk
to publish nolice in the manner prescribed by
law. Seconded by Council Member
Nicholson. Conied by the following vote:
Yeaa-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
Communicalion of Zoning Commission
approving the rezoning from R-I to PR
District and adopliou of Conceptoal
Development Plan for property located nocth
of Pennsylvania Avenue and East of
Bunerfield Drive as requested by Hoti,on
Investment and Development Corpcralioo,
presented and read. Council Member
Kluesner moved that the communicalion be
received and filed. Seconded by Council
Member Nagle. Conied by the following
vote: Yeaa-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
An Ordinance amending Zoning
Ordinance by reclassifying property loeated
'on Pennsylvania Avenue East of Bunerfteld
Drive from R-l Single-Patnily Residential
District to PR Planned Residenlial District
and adopling a Cooceptual Development
Plan, presented and read. Council Member
Kluesner moved that this be considered the
first reading of the OnIinance, and that the
requirement that a proposed Ordinance be
considered and voted 00 for passage at two
Council meelings prior to the meeling at
which it is to be finally adopted be
suspended and further moved that a Public
Healing be beld on the Proposed OnIinance
on the 1st day of March, 1993 at 7:30 p.m
in the Public Ubrary Auditorium and that the
City Clerk publish nolice in the manner
prescribed by law. Seconded by Council
Member Nagle. Conied by the following
vote: Yeaa-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
Communicalion of Zoning Commission
approving reclassificalion of property at 787
W. Locust SL from R-2A to OR District as
requested by David Lndovissy, presented and
read. Council Member Voetberg moved that
the communication be received and filed.
Seconded by Council Member Nagle.
Conied by the following vote: Yeas--Mayor
Brady, Council Members Deicb, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
An Ordinance amending Zoning
OnIinance by reclassifying property located
at 787 W. Locust SL from R-2A Alternate
Two-Patnily Residential District to OR
Office RellÌdenliai District, presented and
read. Council Member Vootberg moved that
this be considered the first reading of the
OnIinance, and that the reqnirement that a
proposed OnIinance be considered and voted
on for passage at two Council meelings prior
to the meeling at winch it is to be finally
adopted be suspended and further moved that
a Public Hearing be held on the Proposed
OnIinance on the 1st day of Match, 1993 at
7:30 p.m in the Public Library Auditorium
and that the City Clerk publish nolice in the
manner prescribed by law. Seconded by
CoWlcii Member Nagle. Conied by the
following vote: Yeas-Mayor Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Vootberg. Nays-None.
Communicalion of Zoning Commission
advising of their ap¡aoval and denial of
rezoning of properlies on South Locust and
Dodge Streets in the freeway Corridor Plan,
presented and read. Council Member
Vootbeq¡ moved that the ccmmWlication be
received and filed. Seconded by Council
Member Nagle. Conied by the following
vote: Yeaa-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicbolson,
Voetberg. Nays-None.
An Ordinance amending Zoning
OnIinance by reclassifying pmperties located
South of Jones Stree~ East of Bluff Street
and West of Locust Street from C-3 General
Commercial, R-2A Alternate Two-Patnily
Residenlial and R-I Single-family
Residential Districts to POS Public Open
Space Districts, (Approved by Zoning
Commission), and an OnIinance amending
Zoning OnIinance by reclassifying properties
located South of Jones Stree~ East of Bluff
Street and West of Locust Street from C-3
General Commercial, R-2A Alternate Two-
Patnily Residenlial and R-I Single-Patnily
Residenlial Districts to DC Office
Commercial and POS Public Open Space
Districts, (Denied by Zoning Commission),
presented and read. Council Member
Voetberg moved that this be considered the
first reading of the Onlinances, and that the
requirement that the proposed Ordinances be
considered and voted on for passage at two
Council meelings prior to the meeling at
which they are to be finally adopted be
suspended and furtber moved that a Public
Healin8 be beld on the Proposed Ordinances
on the 15th day of March, 1993 at 7:30 p.m.
in the Public Ubrary Auditorium and that the
City Clerk publish nolice in the manner
prescribed by law. Seconded by Council
Member Nagle. Conied by the following
vote: Yeaa-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Vootbeq¡. Nays-None.
Commanicalion of Zoning Commission
advising of the approval of text amendment
to create a uew Seclion 3-5.4 and amend
Seclion 4-3.11 for a Planned Unit
Development (pUD District), presented and
read. CoWlcil Member Voetberg moved that
the communicalion be received and filed.
Seconded by Council Member Kluesner.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deicb, Kluesner,
Krieg, Nagle, Nicholson, Vootberg.
Nays-None.
An Ordinance amendin8 Zoning
Ordinance by repealing Seclioo 3-1.6 PR
Planned Residenlial Distric~ Seclion 3-3.8
PC Planned Commercial Distric~ and
Seclion 3-4.3 PI Planned Industrial District
and enacling Seclion 3-5.4 PUD Planned
Unit Development District by amending
Seclion 2-1 Special Purpose Districts and
Seclion 4-3.11 Sign Regulalioos, presented
and read. CoWlcil Member Voetberg moved
that this be considered the first reading of
the Ordinance, and that the requirement that
a proposed OnIinance be coosidered and
voted on for passage at two Council
meelings prior to the meeling at which it is
to be finally adopted be suspended and
further moved that a Public Healing be beld
on the Proposed Ordinance 00 the 15th day
of March, 1993 at 7:30 p.m in the Public
Library Auditorium and that the City Clerk
publish notice in the manner prescribed by
law. Seconded by CoWlcil Member
Kluesner. Conied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetbeq¡. Nays-None.
Communicalion of Zoning Commission
advising of approval of text amendment to
amend Seclion g Definilions of Child Care,
Day Care Centers, Group Day Care Cenlers
and amend Seclioo 4-7 Home Occupalioos
for Day Care Homes, presented and read.
CoWlcii Member Voetberg moved that the
communicalion be received and filed.
Seconded by Council Member Nagle.
Conied by the following vole: Y cas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Vootberg.
Nays-None.
An Ordinance amending Zoning
Onlinance by adopling a new definilion in
Seclion 8 "Definitions" for Day Care Home
and Group Day Care Center and adopling a
new Seclion 4-7.2(i) in lieu thereof
pertaining to a Day Care Home as a
Permitted Home Occupalion, presented and
read. Council Member Voetberg moved that
this be considered the first reading of the
OnIinance, and that the requirement that a
proposed OnIinance be considered and voted
on for pasasge at two Council meelings prior
to the meeling at which it is to be finally
adopted be suspended and further moved that
a Public Healing be held on the Proposed
OnIinance 00 the 15th day of Match, 1993 at
7:30 p.m in the Puhlic Library Auditotium
and that the City Clerk publish nolice in the
manner prescribed by law. Seconded by
CoWlcil Member Nagle. Conied by the
following vote: Yeas-Mayer Brady,
CoWlcil Mernbeno Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-Nooe.
MINUTES SUBMITTED - Cshle
Community Teleprogramming Commission
of 2-2-93; Historic Preservalion Commission
of 1-27; Honsing Code Appeals Bnatd of 1-
19; Housing Trust fund Comrnittee of 1-14;
Investment Oversight Commissloo of 1-26-
93; Ubrary Bnatd of Trustees of 1-28; Loog
Range Planning Commission of 1-27; Park
& Recrealion Commission of I-II; Dubuque
Transit Trustee Board of 1-14; Zoning Bnatd
of Adjustrœnt uf 1-18; Zoning Commission
of 2-3, presented and read. Council Member
Krieg moved that the minutes be received
and filed. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deicb, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Printed Council Proceedings for months
of January, february, March, April and May,
1992 for Council ap¡aoval, presented and
read. Council Member Krieg moved that the
proceedings be approved as printed.
Seconded by Council Member Voetberg.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
NOTICES Of CLAlMS/SUITS - Lndwig
Brenner, in amoWlt of $500.00 for property
damages; Ladwig Brenner In amount of
$100.00 for property damages; Ludwig
Brenner in amoWlt of $500.00 for vehicle
damagea; Dan Gantz in eslimated amoWlt of
$109.18 for vehicle damages; Interstate
Power Company in amoWlt of $206.16 for
property damages; Shirley A. JohU in
W1known amount for persooal injoties; Pat
Kelley in amount of $232.76 for pmperty
damages; Irvin H. Mars in unknown amount
for persoual injuries; Rose Metcalf in
approx. amount of $50.00 for property
damages; Lynn Westrnark in amount of
57
Regular Session, February 15, 1993
$168.53 foc vehicle damage.. pIOICnled and
read. Council Member Krieg moved that the
claiRII and suits be referred 10 the Lepl
Staff foc invesligation and report. Seconded
by Council Member Voetherg. Conied by
the following vote: Yeas-Mayo< Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicbolson, Voetberg. Nays-Nooe.
Commanicalions of CorporaIion Counsel
advising the following claims have been
referred to the Crawford & Company, the
agent for the Iowa Commanities A..urance
Pool: Property damage of American Legion
Post 116; Property damage of Patrick &
JoDean Apel: Car damage of Bevlin Bartels;
Car damage of EIleen J. Koelùer; Sewer
backup of Steven W. Rnden; Car damage of
Rouald and Patricia Westhoff, presented and
read. CoWlcil Member Krieg moved that the
commanicalions be received and filed.
Seconded by Council Member Voetberg.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Proofs of Publicalion, cerlified 10 by the
Publisher, on Nolice of filing of final plat
and schedule of asse..ments etc. for
construclion of Dubuque CΠJOOIte Center
Office Park and Penn.ylvania Avenue
Roadway and Utility Improvements; List of
ClaiRII paid for month of December, 1992,
preaented and read. CoWlcil Member Krieg
moved that the proofs be received and filed.
Seconded by Council Member Voetberg.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
Communicalion of Pinance Director
submitting Pinancial Repocts for month of
January, 1992, presented and read. Council
Member Krieg moved that the
communicalion and reports be received and
filed. Seconded by Council Member
Voetberg. Conied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Communication of City Manager
recommending approval of Urban
Revitalizatioo applicalions, presented and
read. Council Member Krieg moved that the
communicalion be received and filed.
Seconded by Council Member Voetberg.
Conied by the following vote: Yeas-Mayo<
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
RESOLUTION NO. 52.93
RESOLUTION APPROVING
RESIDENTIAL PROPERTY TAX
EXEMPTION APPLICATIONS
SUBMITTED BY PROPERTY
OWNERS IN RECOGNIZED
URBAN REVITALIZATION
AREAS AND AUTHORIZING THE
TRANSMITTAL OF THE
APPROVED APPLICATIONS TO
THE CITY TAX ASSESSOR
Wbereaa, the Urban Revitalizalion Act, as
ena<:ted by the 68th General Assembly of the
State of Iowa, allows cilies to give properly
tax exemplions for improvements made to
_rlies in designated revitalizalion areas:
and
Wbereas, the Urban Revitalizalion Act
requires ¡roperty owners 10 submit a wrilten
applicalion for exempliou by February 1st of
the asse..ment year for which the exemplion
is first claimed, and further requires the City
CoWlcil to approve all applicalions that meet
the requirements of the adopted Urban
Revitalizatioo Plan and forward the approved
applicalions 10 the City Assessor for review
by March I of eacb year; and
Wbereas, pursuant to the requirements of
said Urban Revitalization Act, the following
Urban Revitalization Areas were established:
Cathedral Gardens, Ja<:uoo Park, Holy
Trinity, Washington Stree~ West 11th Street,
Windsoc Park and Sacred Heart Place; and
Wbereas, the City Clerk of the City of
Dubuque as of February I, 1993, received
tax exemplion applicalions from the
following property owners in the
aforemenliooed urban revitalilAtion districts:
HOLY TRINITY URBAN
REVITALIZATION DISTRICT
Euchre Investments, Ltd. for
improvements at 2060 Whittier Street
--- URBAN
i5išTRiCT
~at 175
West 17th Street
TH
IZA
lwing
1090 Grove Terrace
Felderman Business Assoc. for
improvements at 437 Loras Boulevard
Prank Prost for improvements at 584
West 11th Street
Gary Purrer roc improvements at 789
University Avenue
Steve and Tina Gulick foc improvements
at 543 Chesmut Street
Rhooda Kronfeldt for improvements at
1209 Prairie
John McEnery for improvements at 440
Lcraa Boulevard
Regular Session, February 15, 1993
58
Tom Weig foc improvements at 450 West
16th Street
Wbereas, the Community and Bcooomic
Development Department and the Housing
Services Division have reviewed the above
described applicalions and inspeçled the
properlies, and have detennined that the
applicalion. and the improvements confocm
to all requirements of the City of Dubuque's
Urban Revitalizalion Plan.
NOW,THEREfORE, BE IT RESOLVED
BY THE CITY COUNCIL Of THE CITY
OP DUBUQUE,IOWA:
Seclion 1. That the ahove described tax
exemption applications meet tbe
reqnirements of the City of Dubuque's Urban
Revitalizalioo Plan.
Seclion 2. That the ahove described tax
exemplion applicalions are bereby approved
by the City Council, subject to the review
and the approval of the City Assessor.
Seclion3. That the City Clerk of the City
of Dubuque is bereby authorized to forward
the ahove described tax exemplion
applicalions to the City Assessoc.
Passed, approved and adopted this 15th
day ofPebruary, 1992.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Krieg moved adoplion
of the Resolulion. Secooded by Council
Member Voetberg. Conied hy the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Communicalion of City Manager
recommending approval of Bunker Hill Golf
Course operaling agreement with golf
professional, George Stephenson, preaented
and read. Council Member Krieg moved
that the agreement be approved. Seconded
by CoWlcil Member Voetberg. Conied by
the following vote: Yeas-Mayor Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
Commanicalion of Zoning Commission
advising of their approval of fiual plat of
Lots I thmogb 6 of Bradley Pamily Addilion
located on Chaney Road, presented and read.
CoWlcii Member Krieg moved that the
communicalion be received and filed.
Seconded by Council Member Voetberg.
Conied by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nagle, Nicholson, Voetberg.
Nays-None.
RESOLUTION NO. 53-93
A RESOLUTION APPROVING
THE FINAL PLAT OF LOTS I
THROUGH' INCLUSIVE OF
BRADLEY FAMILY
SUBDIVISION, IN TIlE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the
City Clerk a final plat of Lots I through 6
inclusive of Bradley Patnily Subdivision, in
the City of Dubuque, Iowa; and
Wbereas, said final plat bas been
exatnined by the Zoning Commission and
had its approval endorsed thereon subject the
owner(s) agreeing to the condilioos noted in
Seclion 2 below; and
Whereas, said final plat contains a private
storm sewer and public aanitary sewer and
water; and
Whereas, said final plat has been
exatnined by the City Council and they fmd
that it confocms to the statutes and
ordinances relaling to it
Wbereas, the City Council coocurs in the
condilioos of approval establisbed by the
Zoning Commi..ion.
NOW, THEREfORE, BE IT RESOLVED
BY TIlE CITY COUNCIL OP THE CITY
OP DUBUQUE, IOWA:
Seclion 1. That the above described final
plat of Lots I through 6 inclusive of Bradley
Pamily Subdivision is hereby approved and
the Mayoc and City Clerk are hereby
authorized and directed to endorse the
ap¡anval of the City of Duhuque, Iowa, upon
said final piaL
Seclion 2. That the storm sewer sball
remoln private and the aanitary sewer and
water molDS are public.
Passed, approved and adopted this 15th
day of february, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CoWlcil Member Krieg moved adoplion
of the Resolulion. Seconded by Council
Member Voetberg. Conied by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
Commanicalion of Zoning Commission
recommending 10 deny the request of The
Bench Company to install bench billboards
at the City's bus stops, presented and read.
CoWlcii Member Krieg moved that the denial
be approved. Seconded by CoWlcil Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Memhers
Deich, Klue.ner, Krieg, Nagle, Nicholson,
Voetberg. Nays-None.
"'_.~"~«'-"""".HÜ>..' ",..,.,
59
Regular Session, February 15, 1993
Communicalion of City Manager
recommending acceptance of -.fer of
juriadielion of MarJo IIi1ls Quarry Road,
presented and read. Coonci1 Member
Voetberg moved that the conmunicalion be
received and filed. Seconded by Council
Member Nicbobon. Conied by the
following vote: Yeas-Mayor Brady,
Conncil Members Deicb, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
RESOLUTION NO. 54-93
Whereas, MarJo Hills Quarry Road is
presendy Wlder the jurisdiclioo of Dubuque
COWlty, Iowa; and
Whereas, the MarJo Hills Quarry Road
provides acne.. to the Julien Dubuque
Mooument and the Mines of Spain
Conservalioo area; and
Whereas, Dubuque County has
jotiadielion over the operaIion and
maintenance of the MarJo Hills Quarry
Road, and is desirous of -.(erring said
jurisdiclion to the City of Dubuque, Iowa;
and
Wbereas, Dubuque COWlty intends to
transfer jurisdiction over the MarJo Hills
Quarry Road to the City of Dubuque in
accordance with Seclion 3O6.g of the Code
of Iowa (1991); and
Whereas, Duhoque County will transfer to
the City of Dubuque by Quit Claim Deed all
its legal and equitable lide and interest in the
MarJo Hill. Quarry Road.
NOW, THEREPORE, BE IT RESOLVED
BY THE ClTY COUNCIL OP THE CITY .
OP DUBUQUE, IOWA: '
Seclion 1. ThaI the City Council find.
that acceptance of the MarJo Hills Quarry
Road into its municipal street system is in
the best interest of the City, and agrees to
the transfer of jotisdiclion over the MarJo
IIi1ls Quarry Road to the City of Dubuque.
Seclion 2. That the Mayor is hereby
authotized and directed to execute the
attached Agreement for transfer of public
road juriadielion over the MarJo Hill. Quarry
Road to the City of Dubuque.
Seclion 3. That the oooveyance of the
MarJo Hill. Quarry Road set forth 00 the
attached deed by Dubuque County, Iowa, to
the City of Dubuque, dated January 18,
1993, i. hereby ap¡aoved. A tranacript of
the minute. of this meeling shall be cerlified
by the City Clerk, to be recorded in the same
manner as the Warranty. Deed.
Passed, approved and adopted this 15th
day ofPebruary, 1993.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
CoWl<i1 Member Voetbeq¡ moved
adoplion of the Resolulion. Seconded by
CoWlcii Member Nicholson. Conied by the
following vote: Yeaa-Mayor Brady,
CoWlcil Members Deich, Kluesner, Krieg,
Nagle, Nicholson, Voetberg. Nays-None.
~¡¿~;
City Clerk
Regular Session, March 1, 1993
60
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, March I, 1993; Council
Met at 7:30 p.rn., Public Ubrary Anditorium
Present: Mayoc Brady, CoWlCii Members
Kluesner, Krieg, Nagle, Nicholaoo, Voetberg,
City Manager Michael Van Milligen,
Corporalion Coonsel Barry A. Undahl.
Absent: CoWlcil Member Deich.
Mayor Brady read the call and stated this
is the Regular Session of the City Council
called for the pmpose to act upon such
business whicb may properly come before
the Council. Invocalion wu given by Jim
Cummings, Pastor of first Baplist Church.
Proclamalions: Month of March as "Youth
Art Month"; Month of March u
"Professioual Social Wock Month" received
by Bev OberfoeU.
CoWlcil Member Krieg moved that the
rnIes be suspended to allow anyone present
to address the Council if they so desire.
Seconded by Council Member Nagle.
Carried by the following vote:
Yeas-Mayor Brady, CoWlcil Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-CoWlcil Member
Deich.
Proof of Publicalion cerlified to by the
Publisber on Nolice of Public Hearing to
reclassify pmperlies loeated on Pennsylvania
Avenue East of Butterfield Drive from R-I
to PR Distric~ Pelilion of approximately 49
property owners within 200 feet of area,
opposing the rezoning request (Conslitutes
20% of adjoining owners); Communicalion
of Maureen Pape approving rezoning for the
Horizon Project on Pennsylvania Ave. and
Communicalion of Scenic Valley Area VIII
Agency on Aging sopporling the Hotizon
Investment and Development Corporation
Plan, presented and read. Council Member
Krieg moved that theproofofpublicalion be
received and filed. Secoaded by Council
Member Voetberg. Conied by the following
vote: Yeas-Mayor Brady, Council
Members Kluesner, Krieg, Nagle, Nichol_,
Voetbeq¡. Nays-None. Absent-Council
Member Deich.
Chuck Heath and Jay Lange of Hotizen
Investment spoke ciling specifies of the
proposed developmenL Leonard Diedericbs,
Ig70 Cartor, Edna Breitbach, 1694
Butterfield, Barney and Lois Bishop, 1845
Carter, Gene Kernall, 1872 Cartor, objected
to the proposed developmenL
An Ordinance amending Zoning
Ordinance by reclassifying property loeated
on Pennsylvania Avenue East of Butterfield
Drive from R-I Single-Pamily Residential
District to PR Planned Residenlial District
and adopling a Cooceptual Development
Plan, said Ordinance having been presented
and read at the Council Meeting of 2-15-93,
presented for further aclion. Council
Member Nicholson moved to table the
Ordinance. Seconded by Council Member
Nagle. Conied by the following vote:
Yeas-Conncil Members Kluesner, Krieg,
Nicholson, Voetberg. Nays-Mayoc Brady,
CoWlcil Member Nagle. Absent-Council
Member Deicb.
Council recessed at 9:02 p.m; CoWlCii
reconvened at 9:28 p.m
Proof of Publicalion cerlified to by the
Publisher on Nolice of Public Hearing to
reclassify property at 7g7 W. Locust Street
from R-2A to OR Distric~ presented and
read. Conncil Member Nagle moved that the
proof of publicalion be received and filed.
Seconded by CoWlcil Member Nicholson.
Carried by the following vote:
Yeas-Mayor Brady, Council Members
Kluesner, Krieg, Nagle, Nicholson, Voetberg.
Nays-None. Absent-CoWlcil Member
Deich.
There were no written objeclions received
and no objectors present at the lime of the
Hearing. David Ludcvissy requested
favorable zoning.
An Ordinance amending Zoning
Ordinance by reclassifying property loeated
at 7g7 W. Locust Street from R-2A Alternate
Two-Pamily Residenlial district to OR Office
Residential Distric~ said Ordinance having
been presented and read at the Council
Meeling of 2-15-93, presented foc further
action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 7.93
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA
PROVIDING THAT THE CODE
OF ORDINANCES, CITY OF
DUBUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF