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1990 January Council Proceedings
Regular Session, January 3, 1990
INDEX - BOOK 120
SUBJECT
PAGE
1990
accordance with the teons and conditions
contained in the employment agreement
executed and approved 00 the 12th of April,
1991.
Passed. adopted and appmved this 3rd
day ofIanuary, 1990.
DUBUQUE
Zoning Comm. approval of final plat of Lot I of Lot 3 of Key Gaw Center
locaWd at the Southeast corner of inwrsections of Highways 611151 and
52167. (111191
Zoning Comm. approval of final plat of Suhd. of Lot 2 of Lot I of the Suhd.
of Lot I of Block 28 of Dubuque Harbor Co. Addn.. 10caWd hetween
Salina St.. S. Main St. & Railroad Ave. (11119)
Zoning Comm. approval of final plat of Subd. of City Lot 404 located
between 6th St., 7th St.. & Jackson St. 111119) 587
Zoning reo Terrace Heights Mohile Home Park along Peru Rd. near
Roosevelt Rd. 1111191(121171 579. 595
Zoning, reo Wxt amendment to alwr method used to calculaw area of on-
premise signs. (111191
Zoning Comm. approval of final plat of Lot I of 1 of StÆ>cher Place
between Asbury Rd.. Kennedy Rd.. & Pasadena Court. (11/19)
Zoning reo amendment of Julien Dhq. Drive PI District to allow develop-
ment on part of parcel "B and D". 601, 602
Zoning reclassification for 602 Peru Road. (101151(1115) 531, 547
CITY COUNCIL
590
OFFICIAL
PROCEEDINGS
Jamos E. Brady
Mayor
586
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoptioo
of the Rosolutioo. Seconded by Council
Member Pratt Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Regular Sessioo, January 3,1990.
Council met at 7:30 p.m., Public Library
Auditorium.
580
587
Present: Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voelberg, City Manager
W. Kenneth Gearhart, COI]JOC8tion Counsel
Bony A. LindaJù.
Mayor Brady read the cali and stated this
is the Regular Monthly Meeting of the City
Council calied for the purpose to act upon
such business which may properly come
before the Council.
RESOLUTION NO. 2-90
RESOLUTION PROVIDING FOR
THE APPOINTMENT OF A CITY
CLERK.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Invocation was given by Mayor James E.
Brady.
PROCLAMATION: January IS, 1990
"Honoring the birth of Martin Luther King,
Jr.",reeeived by Gail Weitz.
In accordance with Chapter 372.13(3) of
the Code of Iowa, 1989, as amended, the
City o!Dubuque, Iowa, does hereby appoint
the following as City CIeri: for the City of
Dubuque, for the purpose of performing the
duties of said position as required by State
and City laws:
City Clerk - - - Mary A. Davis
SWEARING IN OF NEWLY
ELECTED CITY OFFICIALS: Let the
reçord show the Mayor and each newly
elected Council Member have signed an
official "Oath of Office" prior to January I,
1990.
Passed, adopted and appmved this 3rd
dayofIanuary, 1990.
James E. Brady
Mayor
City Clerk Mary A. DavissworeinJames
E. Brady as Mayor.
Mayor Brady swore in Daniel Nicholson,
James Heckmann and Donald Delch as'
Council Members.
Attest:
Mary A. Davis
City Clerk
Couucil Member Deich moved adoption
of the Resolutioo. Seconded by Council
Member Pratt. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Mayor Brady swore in Michael Pratt as
MayorPro-Tem.
RESOLUTION NO, 1-90
RESOLUTION REAFFIRMING
THE APPOINTMENT OF THE
CITY MANAGER.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
RESOLUTION NO. 3-90
RESOLUTION PROVIDING FOR
THE APPOINTMENT OF A
LEGAL STAFF FOR THE CITY OF
DUBUQUE, IOWA.
That the appointment of W. Kenneth
Gearhart, as City Manager for the City of
Dubuque, Iowa, be hereby affirmed in
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
2
Regular Session, January 3, 1990
That in accordance with Chapter 2
Article III Division 5 of the Code of
Ordinances, City of Dubuque, Iowa, the fol-
lowing shall be appointed as the Legal
Departtnent for the City of Dubuque for the
purpose of performing the duties of said
Departtnent as required by State and Local
Laws:
corporatioo Counsel- - -
Bony A. Lindahl
City Solicitor - - - William G. Blum
Assistant City Attorney - . -
lames A. O'Brien
Passed, adopted and approved this 3rd
day ofIanuary, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolutioo. Seconded by Council
Member Pratt Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Mayor Brady swore in the appointed
officials (W. Kenneth Gearhart. Mary A.
Davis and Bony Lindahl).
RESOLUTION NO. 4-90
RESOLUTION DESIGNATING
THE OFFICIAL NEWSPAPER OF
THE CITY OF DUBUQUE, IOWA.
BE IT RESOLVED BY TIlE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
In accordance with Chapter 618 of the
Cnde oflowa. 1989, as amended, the follow-
ing shall be designated as the official
newspsperoftheCityo!Dubuque,Iowa, for
the purpose of publication of notices and
reports of proceedings as required by law.
TELEGRAPH HERAW
Passed, adopted and approved this 3rd
day oflanuary, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoptioo
of the Resolutioo. Seconded by Council
Member Pratt. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmaun, Kluesner,
Nicholson,Pratt, Voetberg. Nays-None.
Communication of Planning and Zoning
Commissinn advising oftheirap¡noval of an
amended Conceptual Development Plan for
the 1D Institutional District located at Alta
Vista and Cox Stteet as reqoested by Loras
College, presented and read. Council Mem-
ber Heckmann moved that the communica-
tion be received and filed. Seconded by
Council Member Kluesner. Canied by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
An Ordinance revising Appendix A of
the Code of Ordinances by approving an
Amended Conceptual DevelopmentPlan for
the Loras College 1D Institutional District,
presented and read. Council Member
Heckmann moved that this be oonsidered the
first reading of the Ordinance and that the
requirement that a proposed Ordinance be
coosidered and voted on for passage at two
council meetings prior to the meeting at
which it is to be finally adopted be
suspended and further moved that a Public
Hearing be held on the proposed Ordinance
on the 15thdayofJanuary,1990at7:30p.m.
in the Public Library Auditoriumand thatthe
City Clerk publish notice in the manner
prescribed by law. Seconded by Council
Member Kluesner. Canied by the following
vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Prat~ Voetberg. Nays-None.
Communication of Corporation Counsel
submitting an Ordinance prohibiting per'
soos under the ageof2I from attempting to
purchase liquor, wine or beer, presented and
read. Council Member Deich moved that
the communication be received and filed.
Seconded by Council Member Voetberg.
Canied by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-Nooe.
ORDINANCE NO. 1-90
An Ordinance amending ChapterS of the
City of Dubuque Code of Ordinances hy
adding thereto a new Section 5-7.5, prohibit.
ing persoos under 21 years of age from
attempting to porchase or otherwise obtain
alcoholic liquor, wine or beer; and prohibit-
ingpersons under 21 years of age frommis.
representing the persoo 's age forthe purpose
of purchasing or attempting to purchase
Regular Session, January 3, 1990
3
olooholicliquor, beerorwine, presented and
read-
(OFFICIAL PUBLICATION)
ORDINANCE NO. 1-90
AN ORDINANCE AMENDING
CHAPTER 5 OF THE CITY OF
DUBUQUE CODE OF ORDINAN-
CES BY ADDING THERETO A
NEW SECTION 5-7.5, PROHIBIT-
ING PERSONS UNDER 21 YEARS
OF AGE FROM ATIEMPTING TO
PURCHASE OR OTHERWISE
OBTAIN ALCOHOLIC LIQUOR,
WINE OR BEER; AND PROillBIT-
ING PERSONS UNDER 21 YEARS
OF AGE FROM MISREPRESENT-
ING THE PERSON'S AGE FOR
THE PURPOSE OF PURC1lASING
OR A TIEMPTING TO PURCHASE
ALCOHOLIC LfQUOR, BEER OR
WINE.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,IOW A:
Section 1. Chapter 5 of the City of
Dubuque Code of Ordinances is hereby
amended by adding a new Section 5.7.5, as
follows:
See. 5.7.5. Persons under 21 years of age
are prohibited from attempting to purchase
orotherwise obtain alooholic liquor, wineor
beer, and from misrepresenting the person's
age for the purpose of purchasing or
attempting to purchase alcoholic liquor,
wine or beer.
(a) It shall be unlawful for any person
under the age of 21 years to attempt to pur-
chase or otherwise obtain any alooholic
liquor, wine or beer.
(b) No person under 21 years of age shall
misrepresent the person's age for the pur-
pose of purchasing or attempting topurchase
any alooholic liquor, wine or beer.
(c) A persoo violating this Ordinance or
reasonably believed to be violating this
Ordinance may be detained in a reasooable
manner and for a reasooable length of time
by a police offi=, owner, operator or an
employee of a public establishment or
private club wbere alooholic liquor, wine or
beer is sold or dispensed for off-premise or
on-premise coosumptioo for the purpose of
investigating or detennining the person's
true age and identity. Such detention shall
not render the detainor criminally or civilly
liable for false arres~ false imprisonment or
unlawful detentioo.
(d) The manager of any public eslai>-
lishment that sells alcoholic liquor, wine or
beer for on-premise or off-premise
coosumptioo and the manager of any private
club that serves alcoholic liquor, wine or
beer for on-premise cooswnption shall be
required to post in a oonspicuous place a
notice stating:
(OFFICIAL PUBLICATION)
NOTICE TO PERSONS UNDER
21 YEARS OF AGE
You are subject to a maximum $100 fine
for attempting to purchase or otherwise
obtain alcoholic liquor, wine or beer or for
misrepresenting your age for the purpose of
purchasing alcoholic liquor, wine or beer.
The size of said notice shall be not less
than 8-1{2 inches by II inches.
Sectloo 2. This Ordinance shall take
effect immediately upon publication as
provided by law.
Passed, adopted and appmved this 3rd
dayoflanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of January,
1990.
Mary A. Davis
City Clerk
111/8
Council Member Deich 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 passage attwooouncil meetings
prior to the meeting atwhich itis to be finally
adopted be suspended and further moved
final adoption of the Ordinance. Seconded
by Council Member Voetberg. Canied by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO, 5-90
Whereas, applications for Beer Pennits
have been submitted and filed tothisCouncil
for approval and the same have been
examined and appmved; and
Whereas, the premises to be occupied by
such applicants were inapected and found to
~.
4
Regular Session, January 3, 1990
comply with the Ordinances of this City and
have filed preoper bonds;
NOW, THEREFORE, BE IT
RESOLVED BY THECITY COUNCIL OF
THE CITY OF DUBUQUE,IOW A, that the
Manager be authorized to cause to be issued
the following named applicants a Beer
Permit
CLASS "B" BEER PERMIT
Wayne A. Deutsch, Main St Billiards
163 Main (also Sunday sales)
CLASS "C" BEER PERMIT
Molo Oil Company, Big 10 Mart
9th & Central (also Sunday sales)
Angel Investment Co. Casey's General
Store, 2699 Rockdale (Sunday sales)
Passed. approved and adopted this 3rd
dayoflanuary, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tioooftheResolution. SecoodedbyCouncil
Member Pratt Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt Voetbetg. Nays-None.
RESOLUTION NO, 6-90
Whereas, applications for Liquor Licen-
ses have been submitted to this Council for
approval and the same have been examined
and appmved; and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds;
NOW, THEREFORE, BE IT
RESOLVED BYTHECITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA, that the
Manager be authorized to cause to be issued
to the following named applicant(s) a Liquor
License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Michael I. Weber, Mike's Ten Pin Tap
601 RhombetgAve. (Sunday sales)
American Marine of Iowa, Inc.
Yardarm (Sunday sales) Eagle Point
.""'"
Passed. approved and adopted this 3rd
day of January, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tionoftheResolution. Seconded by Council
Member Pratt Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetbetg. Nays-None.
MINUTES SUBMITTED: Airport
Comm. of 12-12; Housing Code Appeals
Bd. of 12-8; Five Flags Comm. of 12.18;
Mechanical Bd.of 12-12; Civil Service
Comm.of 10-31; Park and Recreation
Comm.ofl2-12,presentedandread. Coun-
cil Member Deich moved that the minutes
be received and filed. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmano, Kluesner,
Nicholson, Pratt Voetberg. Nays-None.
NOTICES OF CLAIMS/SUITS:
Maggie Spautz in an amount of $61.25 for
persooal damages; Matt Werth in unknown
amount for vehicle damages; loseph M.
Heer in an amount of $250 for Property
damage due to sewer back-up, presented and
read. Council Member Delch moved that the
claims and suits be referred to the Legal Staff
for investigatioo and report. Seconded by
Council Member Voetberg. Canied by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-Nooe.
Corumunications of Corporation Coun-
sel recommending denial/closure of follow.
ing claims: car damage of Robert J. Heires;
car damage of Lawrence Helm; personal
injury of Mrs. Leona Hoppmann; car
damage of Patricia Rensmoen; personal in-
jory of Anton Schiessl; personal injory of
Roy Laufenberg by Sisco Insurance; car
damage of Ter¡y Sprague; boat damage of
Robert GateDa, presented and read. Council
Member Deich moved that the commuuica-
tions be received and filed and denials and
closores be approved. Seconded by Council
Member Voetberg. Carried by thefollowing
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetbetg. Nays-None.
Conununication of Attorney Brian Kane.
on behalf of A.J. Spiegel requesting annexa-
tioo of Lot A and Lot I of Southpark to the
Regular Session, January 3, 1990
5
City of Dubuque, Iowa, presented and read.
Council Member Deich moved that the
coounanication be received and filed and
matter referred to the City Staff. Seconded
by Council Member Voetberg. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Conununication of Dan Nicholsoo sub-
mitting his resignation from the Human
Rights Commission due to electioo to the
City Council, presented and read. Council
Member Deich moved that the communica-
tioo bereeeivedand filed and accepted with
regret. Seconded by Council Member
Voetherg. Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetbetg. Nays-None.
REFUNDS REQUESTED: Hartig Drug
Co. $75 on uoexpired Beer Permit,
presented and read. Council Member Deich
moved that the refund be approved and
Finance DIrector to issue the proper check.
Seconded by Council Member Voetberg.
Canied by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt
Voetberg. Nays-Nooe.
There being no further business, Council
MemberPratt moved toadjoum the meeting.
Seconded by Council Member Voetherg.
Canied by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmano, Kluesner, Nicholson, Pratt
Voetberg. Nays-None. Meeting adjourned
at 8:06 p.m
Mary A. Davis
City Clerk
1990
,~~u~
-.-e-:::-/ ~_.. .
,~'council Members
Attest:
// . '
,~cd'~ ,,:¿ ~<LL~
/ City Clerk
6
Board of Health, January 15, 1990
Attest:
DUBUQUE
BOARD OF
HEALTH
OFFICIAL
PROCEEDINGS
Bosrd of Health Quarterly Meeting,
lanuary 15, 1990.
Board met at 7:25 p.m., Public Library
Auditorium.
Present: Bosrd Members Heckmann,
Kiuesner, Nicholson, Pratt Voetberg.
Absent: Chairperson Brady, Board
Member Deich.
Chairpersoo Pro- Tern Pratt read the call
and stated this is the Regular Quarterly
Meeting of the Board ofHealth ealled for the
purpose to act upon such business which
may properly nome before the Bosrd.
No business to come before the Bosrd,
Bosrd Member Nicholson moved to adjoum
the meeting. Seconded by Board Member
Voetberg. Carried by the following vote:
Yeas-Board Members Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None. Absent-Chairperson Brady,
Bosrd Member Deich. Meeting adjourned at
7:27 p.m.
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7'_1:<.[:...1 dJ,"-~
Secret.tý, Board of Health
Regular Session, January 15, 1990
7
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Sessioo, January 15, 1990.
Council met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg, City Manager W. Kenneth
Gearhart, Corporation Counsel Bony A.
Lindahl.
Mayor Brady read the call and stated this
is the Regular Sessioo of the City Council
called for the purpose to act upon such busi-
ness which may properly nome before the
Council.
Invocatioo was given by Rev. Ted
Welch, Pastor of Faith Baptist Church.
PROCLAMATION: January 28th
through February 3rd, "National Catholic
Schools Week" received by several
students.
Proof of Publication, on Notice of Public
Hearing to approve an ameoded nonceptual
developmeot plan for the Loras College ID
Institutiooal Dislrict, preaented and read.
Council Member Heckmann moved that the
proof of publication be received and filed
Seconded by Couocil Member Kluesner.
Canied by the following vote: Yeas-
Mayor Brady, Council Members
Heckmann, Kluesner, Nicholson, Pratt,
Voetherg. Nays-Council Member Deich.
Commuoications of lustin Droessler,
Nicholas Schrup III and Nick Schrup sop-
porting the plan as requested by Loras Col-
lege, preseoted and read. Council Member
Heckmann that the communications be
received and filed. Seconded by Council
Member Kluesner. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Heckmann, Kluesoer, Nicholson, Pratt,
Voetberg. Nays-Couocil Member Deich.
Corumunications of Edith Hanis, Roo
and Julie Schlader, Carl and Mariou Weitz,
Lea Sullivan, Mrs. Ruth Pfiffner, Roy
Schroder and Terry Kane and Kris
Gallion-Kane, Pamela and John B. Hickey,
Kay Lampe, Mrs. Earl Ehrlich, Leonard R.
Decker, Cy Lampe, Joel Heer D.C., Lyle R.
Galliart, Nelson and Mona Klavitter, Greg
and ShelT)' McGinn, and James Mal object-
ing to plan as proposed by Loras College,
presented and read. Council Heckmann
moved that the corumunications be received
and filed. Secooded by Council Member
Kluesner. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-Council Member Deich.
Council Member Heckmann moved that
the rules be suspended to allow anyone
preaent to address the Council if they so
desire. Seconded by Council Member Pratt.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmano, Kluesner, Nicholson, Pratt,
Voetberg. Nays-Noue.
An Ordinance amending the Cnde of
Ordinances by revising Appendix A also
known as "The Zoning Ordinance of the City
o!Dubuque by approvIng an amended Con-
ceptual Development Plan for the Loras
College ID Institutiooal District, said
Ordinance having been presented at the
Council Meeting of lanuary 3, presented for
final action.
Gerald Jorgensen, Vice President and
Dean of Students at Loras College, re-
quested that the amended Conceptual
Development Plan be approved as proposed.
Bob Fisch, President of 11th Sl Neigh-
borhood, supported the proposed plans.
Chip Murray and Ruth Nash also supported
the proposed plans.
Doo Jannette, 919 Kirkwood, objected to
the proposed plans.
Tom Batthan, Audrey Yarnell and TelT)'
Kane objected to the proposed plans.
Marge Phillips, Dan Bowen, John
Whalen, JoAnn Smith, Michael Fooley,
William Luensmann all spoke to the
proposed rezoning.
Attorney Dennis Naughton, submitted a
petition stressing concerns of the neighbors
and objected to the proposal as presented.
Attorney Brendan Quann for Loras
College requested proposed rezonIng.
John Sullivan and Corey Kalb spoke to
the proposal.
Council Member Heckmann moved that
the Public Hearing be closed. Seconded by
8
Regular session, January 15, 1990
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Kloesner,
Nicholson, Pratt, Voetberg. Nays-Nooe.
(OFFICIAL PUBLICATION)
ORDINANCE NO, Z-90
AN ORDINANCE OF TIlE CITY
OF DUBUQUE, IOWA PROVID-
ING THAT THE CODE OF
ORDINANCES, CITY OF
DUBUQUE, IOWA, BE
AMENDED BY REVISING
APPENDIX A THEREOF, ALSO
KNOWN AS THE ZONING OR-
DINANCE AND ZONING MAP OF
THE CITY OF DUBUQUE,IOWA
BY APPROVING AN AMENDED
CONCEPTUAL DEVELOPMENT
PLAN FOR THE LORAS COL-
LEGE ID INSTITUTIONAL
DISTRICT.
Whereas, Loras College, owner and ap-
plicant, filed an amended cooceptual
development plan for certain properties
hereinafter described in accordance with
provisions of the ID Institutional District
regulations as set forth in Section 3-5.2 of
the Code of Ordinances, Appendix A there-
of, of the City of Duboqoe, Iowa; and
Whereas, the Planning and Zoning Com-
orission has held a public hearing 00 said
amended 'conceptual development plan
pursuant to required published notice; and
Whereas, the Planning and Zoning Com-
mission has approved said amended ooocep-
tual development plan subject to specific
oonditions and restrictions, having found
that said plan conforms to the review stand-
ards applicable to such plans as set forth io
Section 3-S.2D(4) of the Cnde of Ordinan-
ces, Appeodix A thereof, of the City of
Dubuque, Iowa; and
Whereas, the Planning and Zoning Com-
mission recommended the ooncurreoce of
the City Council and approval of said
amended oonceptual development plan; and
Whereas, the City Council has received
the recommendation of the Planning and
Zoning Commissioo and held its own public
hearing on said amended conceptual
development plan pursuant to the required
publisbed nonce; and
Whereas, the City Council has approved
said amended conceptual development plan
subject to the same specific oonditions and
restrictions.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF TIlE CITY OF DUBUQUE, lOW A:
Sectloo 1. That in order to accomplish
the purposes of the ID Institutional District
of the Zoning Ordinance of thc City of
Dubuque, Iowa, the conceptual develop-
mentplan for Loras College, acopy of which
is attacbed to and made a part hereof. is
hereafter adopted and approved for the
following described property, to wit:
Lot I of Lot 2 of Mineral Lot 90; Lot
2 of Mineral Lot 91; Lot I and Lot 2
ofLoras College Place; Lot I and Lot
2 of City Lot 742; Lot I, Lot2and Lot
3 of City Lot 741; City Lot 714; Lots
20 throogh and including Lot 33 of
Levins Addition; all of the alleys in
Levins Addition; Lots 15 through and
including Lot 180fKringie Addition;
Lots 30 through and includiog Lot 43
of Yates Subdivision; Lots 32A, Lot
B and Lot C all of Yates Subdivision;
Lot I and Lot 2, and Lots 1Z throogh
and iocluding Lot 15, all of Hcnion
and Baird Subdivision; Lots I through
and including Lot 8 of Hodgdon Sub-
division; Lot A of Hodgdon Sub-
divisioo; Lot 820 aod Lot 821 of A.
McDaniels Subdivision; the West 53
feet of Lot 20 of Morgan's Sub-
divisioo; Lot 7, Lot 7A, Lot 8, Lot 2
of Lot 9, Lot 2 of Lot 3, and Lot 2 of
Lot 4, all of Yates and Pickett Sub-
divisioo; Lot 2 of Lot 73, Lot 2 of Lot
74, Lot 2 of Lot 75, Lot 2 of Lot 76,
Lot 2 of Lot 77. Lot 2 of Lot 78, Lot
2 of Lot 79, Lot71A, Lots 69 through
and including Lot 71, Lots 63 through
and including Lot 67, Lot 80, and Lot
2 of Lot 81A, all of A. P. Woods
Additioo; and the alley from Blake
Street East except the portiou adjoin-
ing Lot 2 of Lot 72 of A. P. Woods
Addition; all of Helena Stree~ all in
the City of Dubuque, Iowa.
Sectloo Z. That in order to accomplish
the purposes of the ID Institutional District
of the Zoning Ordinance, the property here
and above described is subject to the follow-
ing oonditions and restrictions:
A. Use RegulalIolIS-
The following regulations shall apply to
all uses made ofland in the above described
ID Institutional District:
I) Principal permitted uses shall be
liorited to the following:
Regular session, January 15, 1990
9
a) College and universities (45]
b) Classrooms. laboratories, lecture
ha1ls, auditoriums and simillIf places for
institutional assembly (45]
c) Offices for administrative person-
nel or other institutiooal employees or
affiliates [14]
d) Churches [7], libraries and
museums [13]
e) Single-family, two family [II] or
multi-family dwellings for the housing of
institutional residents or affiliates (9]
f) Off-street parking and loading
(N/A]
g) Recreational or athletic facilities
for the pdmary use and benefitofinstitu-
tiooal resideots or affiliates [45]
h) Existing private uses of slrUCtttres
situated within an ID Dislrict for which
theR-3 District standards all apply [N/A]
2) Accessory uses. The following uses
shall be permitted as accessory uses in the
above described ID Institutional District:
a) Located entirely within a principal
building, bookstores or bars seating not
more than seventy-five persoos at one
time and located not clo- than two
hundred feet (200') from the nearest
Residential or Office Residential
District
b) All other uses customarily in-
cidental to the principal permitted use in
coojunction with which such accessory
use is operated or maintained, but not to
include oommercial uses outside a prin-
cipal building.
B. Lot and Bulk Regulations.
Development of land io the ID lostitu-
tional District shall be regulated as follows:
I) All buildings, slrUCtures and activities
shall be located in oonformance with the
attached conceptual development plan and
all final site development plans shall be ap-
proved in accordance with the provisions of
the ill Institutional District regulstions as
provided in the Zoning OrdinanceoftheCity
of Dubuque, Iowa.
2) Three modules of units oontaining ap-
proximately 28,000 square feet will be coIl-
structed for student housing oontaiuing
approximately 100 beds and located south of
IGrI:wood at the end of Blake Street
3) The parking lot along Kirkwood Street
will be eapanded toapproximately 52 apaoes
with landscaping and lighting as required by
the Zouing Ordinance.
4) A 36,500 square foot two-Ievel expan-
sioo of the existing Wahlert Library will
occur to the north of the existing building,
with architectural style and materials com-
patible with the existing library.
5) A new parking lot of 48 spaces will be
oonstructed east of the proposed student
housing with access ootoCox Street north of
the Graber Center swimming pool.
6) A 35,000 square foot expansioo of the
College Center will be constructed with
renovation of the current building of 43,000
square feet with architectural style com-
patible with both buildings.
7) A new parking lot will create 75 off-
street parking spaces at the northeast ooruer
of Cox Street and West 17th Street with
landscaping and lighting as required by the
Zouing Ordinance.
8) Maintain a 120 foot setback from the
nearest property line for the new student
housing.
C. Performan« Standards.
The development and mainlenance of
uses in the ID Institutiooal District shall be
established in oonformaoce with the follow-
ing standards, as well as the regulations of
Section 3-5.2 of the ill Institutional District:
I) The proposed construction and
landscaping schedule shall occur as follows:
a) The student housing expansioo of
parking south of IGrI:wood and the oew
parking lot will be constructed in 1990.
b) The expansion of the Wahlert
Library shall occur in 1991.
c) The expansion of the College
Center shall occur in 1991.
d) The new parking lot shall be
created at the comer of Cox Street and
West 17th Street in 1992.
D, SIte Development Standards.
The site development standards for this
ID Institutional District shall establish the
minima1landscaping and sereening require-
ments as established in accordance with the
requirements of Section 4-5 of the Zoning
OrdinanceoftheCityofDubuque, Iowa. All
other site development standards of Sectioo
10
Regular Session, January 15, 1990
4-4 shall apply with the exceptioo of the
following apecial requirements:
I) Add a sidewalk from the new student
housing to the Rohlman 1IaI1 parking lot,
near the grotto.
2) Add a landscape buffer of living
evergreen material of7S% opacity and twen-
ty feet in height at maturity and six feet io
height at planting, from the west edge of the
existing Kirkwood Strut parking lot along
Loras College's western property line, on
Loras College property, to a point on the
property line which is approximately 120
feet west of the seismograph station.
3) File a new amended conceptual
development plan with the City of Dubuque
prior to ~y ,conslrUction or development
activities in the two campus green spaces
roughly bounded by (a) the new student
housing, Kirkwood Stru~ Cox Stru~ and
the Graber Center. and (b) the new student
housing, Graber Center, Rohlman Hall, and
Alta Vista Street
E, Addltlooal Standards.
I) The off-strut parking requirement for
the principal pennitted uses for the herein
described 1D Institutional District shall be
designated by a bracket enclosed number
next to the use, as herein described:
[9J 1.5 spaces foreach dwelling uniL
[II] Two spaces for each dwelling
unit.
[14] One space for each four hundred
square feet devoted to office use or one
space for each employee 00 the maxi-
mum shif~ whichever is greater.
[7J One space for each four per-
manent seats.
[13J One space for each five hundred
square feet of floor area accessible to the
general public.
[45] Dormitories - ooe space for
each bed.
Gymnasiums - one space for each
six permanent seats.
Lecture halls - one space for each
six permanent seats.
Employees - .75 spaces for each
employee 00 the maximum shift.
2) The amended conceptual develop-
ment plan shall be valid for a perind of five
.:If.' "
years provided a Final Site Development
Plan is suhmitted within one year from the
date of approval of this ordinance.
F. Transfer of Ownershlp-
I) Transfer of ownership or lease of
property in this 1D Institutional District shall
include in the transfer of lease agreement a
provision that the purchaser or lessee
acknowledges awareness of the conditions
authorizing the establishment of the District.
Passed, approved and adopted this 15th
day of January, 1990-
James E.,Brady
Mayor
ATIEST:
MOly A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 19th day of lanuOly,
1990.
MOly A. Davis
City Clerk
It 1/19
Mayor Brady moved to amend the
proposed Ordinance, to maintain 120 fL
setback from the nearest property line.
Seconded by Council Member Pratt. Canied
by the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholsoo, Pratt, Voetberg.
Nays-None.
Council Member Heckmaon moved final
adoption of the Ordioance, as amended.
Seconded by Council Member Kluesner.
Canied by the following vote: Yeas-
Mayor Brady, Council Members
Heckmann, Kluesoer, Nicholson, Pratt,
Voetberg. Nays--Council Member Deich.
9: 13 p.m. Council recessed.
9:28 p.m. Council reconvened.
Communication of City Manager report-
ing on additional respouse from prospective
hotel developers and Communicatioo ofThe
Hardhat Group, aJkJa Blue Moon Develop-
ment Co. submitting their proposal regard-
ing the building of a Clarion Hotel
downtown, presented and read. Council
Member Pratt moved that the communica-
tioos be received and filed- Seconded by
Council Member Deich. Carried by the fol-
lowing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt Voetberg. Nays-None.
Mr. Renton spoke.
Regular Session, January 15, 1990
11
RESOLUTION NO, 7-90
RESOLUTION DESIGNATING A
DEVELOPER FOR THE DOWN-
TOWN HOTEL PROJECT
Whereas, the City of Dubuque, Iowa,
desireS the redevelopment of the area known
as Block 14 in Dubuque Downtown PI....
("property") as a downtown hotel facility in
order to achieve the objectives of the
Downtown Urban Renewal Plan and to
assure the appropriate development of
adjacent areas; and
Whereas, pursuant to a Request For
Qualifications, four potential developers
submitted responses which respouses have
been duly considered by the City Council of
the City of Dubuque, Iowa; and
Whereas, the City Council has deter-
mined that the qualifications and prelim!-
nOly development concept of Blue Mooo
Development Company of Johnstown,
Pennsylvania, are most appropriate for the
projecL
NOW, THEREFORE, BE IT
RESOLVED BY THECITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. ThatBlueMoonDevelopment
Company of Johnstown. Pennsylvania, is
hereby designated as the developer for the
downtown hotel projecL
Sectloo 2. That dming the period c0m-
mencing on the date of the adoption of this
resolution and for 90 days thereafter <r
mutually agreed upon extension thereof, the
City and the developer will jointly finalize
the nature and costs of a hotel development
project including design and financing of
said projec~ and will negotiate exclusively
and in good faith with each other to develop
a plan for redevelopment of the property for
. hotel facility f<rlrnplernentatioo according
to Chapter 403 Code of Iowa, Urban
Renewal Law.
Section 3. That this resoiutioo does not
convey noris it intended to convey anyrigh~
title, or other interest in property.
Sectl.., 4. That the designation of Blue
Moon Development Company as developer
is subject to all representations made by said
company and to the presentation by the
developer of a good faith deposit in the
amount of ten thousand dollars ($10,000)
which deposit shall be in the form of a
cashier's check or irrevocable letter of
crediL Said deposit sha11 be returned to the
developer only upon a finding by the City
Council that the project will not proceed
through no fault of the developer.
Section 5. That the developer shall
acknowledge its approval and acceptance of
the povisions of there solution by endorsing
its acceptance below.
Passed. approved and adopted this 15th
day oflanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE
The provisions of this resolution are
hereby approved and accepted by Blue
Moun Development Company, Johnstown,
Pennsylvania.
William D. Renton, President
Date: 1-15-90
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Deich. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Pmof of Publication, 00 Notice of Public
Hearing to reclassify property adjoining and
including a portion of the Ice Harbor from
HI to CR District, presented and read.
Council Member Heckmann moved that the
proof of publication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Prat~
Voetberg. Nays-None.
Conununication of Planning & Zoning
Commissioo advising of their approval to
rewne said property to facilitate the estab-
lishment of the Ice Harbor as a docking site
for the proposed excursion/gambling boat.
presented and read. Council Member
Heckmann moved that the communicatioo
be received and filed. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of Molo Companies
advising of their non-resistance of the rezoo-
ing, however, going 00 record that if the
DRA doe. not receive a Riverboat Ganabling
License or if the Excursioo Gambling Boat
will not be docked in the Ice Harbor area, the
Molo Companies expect that their current
12
Regular Session, January 15, 1990
zoning would be reinstated upoo applicatioo
being made to the appropriate bodies,
presented and read Council Member
Heckmann moved that the communicatioo
be received and filed. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voelberg. Nays-None.
An Ordinance amending Code of
Ordinances by revising the Zoning
Ordinance to reclassify property adjoining
and including a portion of the Ice Harbor
from HI Heavy Industrial District to CR
Commercial Recreation district, presented
and read.
Mr. Hank Walz, IS52MapleStreet.,gave
specific infónn&tioo and requested that they
contact the Corps of Engineers before final
action.
Council Member Pratt moved that the
Public Hearing be closed. Seconded by
Council Member Nicholsoo. Canied by the
following vote: Yeas-MayorBrady,Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Council Member Voetberg moved that
this be tabled to a special Council meeting
of January 22. Seconded by Council Mem-
ber Heckmann. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-Nooe.
Proof of Publication on Notice of Public
Hearing to reclassify property located West
ofHighway 151161 fromAG toC-3 District.
presented and read. Council Member
Voetberg moved that the pmof of publica-
tion be received and filed. Seconded by
Council Member Heckmann. Carried by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt Voetberg. Nays-None.
Mr. Dick Schulz requested favorable
rezoning.
Council Member Nicholsoo moved that
the public bearing be closed. Seconded by
Council Member Pratt. Canied by the fol-
lowing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
An Ordinance amending Zoning
Ordinance by reclassifying property located
West of Highway 151/61 fromAGAgricul-
tural to C-3 General Commercial District.
said Ordinance having been presented and
read at the Council Meeting of January 3,
1990, presented fo< final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO- 3-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVID-
ING TIIAT THE CODE OF OR-
DlNANCES, CITY OF DUBUQUE,
lOW A, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF
DUBUQUE, IOWA BY RECLAS-
SIFYING HEREINAFTER
DESCRIBED PROPERTY
LOCATED WEST OF HIGHWAY
151/61 FROM AG AGRICUL-
TURAL TO C-3 GENERAL
COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,IOW A:
Sectloo 1. That the Code of Ordinaoces
of the City of Dubuque, Iowa, be amended
by revising Appendix A thereof, also known
as the Zoning Ordinance of the City of
Dubuque, Iowa, to reclassify hereinafter
described property from AG Agricultural
District toC-3 General Commercial District,
to wit:
Lot 2 of Lot I of Lot 2 of Lot I of
Mineral Lot 482; the vacated portion
of Old Bellevue Road, lying between
Lot 2 of Lot I of Lot 2 of Lot I of
Mineral Lot 482 and Lot I of Lot I of
Lot I of Key Gate Center and Lot 2 of
Lot 2 of Lot I of Key Gate Center, all
in the City of Dubuque, Iowa.
Section 2. That the foregoing amend-
ment baa heretofore been approved by the
Planning and Zoning Commissioo of the
City of Dubuque, Iowa.
Passed, approved and adopted this 15th
day of lanuary, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 19th day of Januaty,
1990.
Mary A. Davis
City Clerk
It 1/19
Regular Session, January 15, 1990
13
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Heckmaun. Canied by the
following vote: Yeas-MayorBrady.Coun-
cil Members Deich, Heckmaun, Kluesner,
Nicholson. Pratt, Voetberg. Nays-Nooe.
Cooncil recessed at II :20.
Council reconvened at 11:27.
Communication of City Manager sub-
mittingdocuments providing for the bidding
process for cleaning, repairing and painting
of the Park Hill Water Tank Project,
presented and read. Council Member Voet-
berg moved that the communication be
received and filed. Seconded by Council
Member Heckmann. Canied by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voelberg. Nays-None.
RESOLUTION NO. 8-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications,
form of contnoct and estimated cost for the
Clearhog, Repairing, and Painting of the 1.4
MMG Park Hilt Water Storage Tank -
Dubuque, Iowa, in the estimated amount of
S20S,OOü, are bereby approved and ordered
filed in the ofliceofthe City Clerk for public
inspectioo.
Passed, appmved and adopted this 15th
day ofIanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tioo of the Resolution. Seconded by Council
Member Heckmann. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO- 9.90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas, the City Council of the City of
Dubuque, Iowa, has given its preliminary
approval of the proposed plans, specifica-
tioos, and form of contnoct and placed same
on file in the office of the City CIeri: for
public inspection of the Cleaning, RepaIr-
ing. and Painting of the 1.4 MMG Pari: Hill
Water Storage Tank - Dubuque,lowa.
NOW, THEREFORE, BE IT
RESOLVED, that on the 5th day of March,
1990, a public hearing will be beld 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 contract
and cost of said improvement. and the City
CIeri: be and is hereby directed to cause a
notice of time and place of such hearing to
be publisbed in a newspaper having general
circulation in the City of Dubuqoe, Iowa,
which notice shall be not less than four days
no< more than twenty days prior to the day
fixed for its consideration. At the hearing,
any interested person may appear and file
objections to the proposed plans, specifica-
tions, contnoct. or estimated cost of the
improvement
Passed. approved and adopted this 15th
day ofIanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tioo of the Resolution. Seconded by Council
Member Heckmann. Canied by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 10.90
ORDERING BIDS
BE ITRESOL VED BY THE COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
That the Cleaning, Repairing, and Paint-
ingofthe 1.4MMG ParkHill Water Storage
Tank - Dubuqne, Iowa, is hereby ordered to
be advertised for bids for constructioo.
BE IT FURTHER RESOLVED, that the
amount of the secority to accompany each
bid shall be in an amount which shall con-
form to the provisions of the notice to bid-
ders hereby approved as a pari of the plans
and specificatioos berelofore adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be pub-
lished in a newspaper having general
circulation in the City of Dubuqoe. Iowa,
which notice shall not be less than four days
nor more than twenty days prior to the
14
Regular Session, January 15, 1990
receipt of said bids at 2:00 p.m. on the 20th
day of February, 1990. Bids shall be opened
and read by the City CIeri: at said time and
will be submitted to the Council for final
action at 7:30 p.ro. on the 5th day ofMareh,
1990.
Passed, approved and adopted this 15th
day ofJanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
CilyClerk
Council Member Voetberg moved adop-
tioo of the Resolution. Secooded by Council
Member Heckmann. Canied by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Prat~ Voetberg. Nays-None.
Corumunication of City Manager suI>-
mittingdocuments providing for the bidding
procedure for the installation of carpeting at
the Five Flags Civic Center, presented and
read. Council Member Voetberg moved thst
the corumunication be received and fùed.
Seconded by Council Member Pratt Canied
by the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 11.90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS.
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications,
form of oonttact and estimated cost for the
Civic Center Carpet Replacemen~ in the
estimated amount of$34,OOO.oo, are hereby
approved and ordered filed in the office of
the City Clerk for public inspection.
Passed, appmved and adopted this 15th
day ofJanuary, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tioo of the Resolution. Secooded by Council
Member Pratt Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt Voetberg. Nays-None.
~,..
RESOLUTION NO. 12.90
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS.
Whereas, the City Couocil of the City of
Dubuque, Iowa has given its preliminary
approval 00 the proposed plans, specifica-
tioos, and form of oontract and placed same
on file in the office of the City CIeri: for
public inspection of the Civic Center Carpet
Replacement
NOW, THEREFORE, BE IT
RESOLVED, that on the 19th day of
February,I99O,apubliChearingwillbeheld
at 7:30 p.m. in the Public Library
Auditoriumat which time interested persons
may appear and be heard for or against the
proposed plans and specifications, form of
cootraCt and cost of said improvemen~ and
the City Clerk be and is hereby directed to
cause a notice of time and place of such
hearing 10 be published in a newspaper
haviog general circulation in the City of
Dubuque, Iowa, which notice shall be not
less than four days nor more than tweuty
days prior 10 the day fixed foritsconsidera-
tioo. At the hearing, any interested person
may appear and file objectious to the
proposed plans, specifications, contrac~ or
estimated oost of the improvement
Passed, appmved and adopted this 15th
day of lanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council MemberVoetberg moved adop-
tiooofthe Resolution. Seconded by Council
Member Pratt Canied by tbe following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO, 13-90
ORDERING BIDS
BE ITRESOL VED BY TI/E COUNCIL
OF TIlE CITY OF DUBUQUE, IOWA:
That the Civic Center Carpet Replace-
ment is hereby ordered to be advertised for
hids for coostruction.
BE IT FURTHER RESOLVED, that the
amount of the security 10 accompany each
bid shall be in an amount which shall con-
form to the provisions of the notice 10
bidders hereby approved as a psrt of the
plans and specifications herelofore adopted.
Regular Session, January 15, 1990
15
ThaI the City CIeri: is hereby directed to
advertise fo< bids for the coostruction of the
in1""vements herein provided, to be pul>-
lished in a newspaper having general cir-
culatiooin the CityofDubuque, Iowa, which
nodce shall not be less than four days nor
more than twenty days prior to the receipt of
said bids at 2:00 p.m. 00 the 6th day of
February, 1990. Bids shall be opened and
read by the City Clerk at said time and will
be submitted 10 the Council for final actioo
at 7:30 p.m. 00 the 19th day of February,
1990.
Passed. appmved and adopted this 15th
dayofJanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tioo of the Resolution. Seconded by Council
Member Pratt Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-Noue.
Communication of Planning & Zoning
Commission advising of their approval to
rezone a portion of property west of Clarke
Crest Ddve and south ofClarl:e CrestCoun
from R-I to ID and an amended oooceptual
development plan for the ID District,
presented and read. Council Member Pratt
moved thst the oorumunication be received
and filed. Seconded by Council Member
Heckmann. Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt. Nays-None. Abstain-Council
Member Voetberg.
An Ordinance Ameoding Zoning Or-
dinance by reclassifying a portion of proper-
ty west of Clarke Crest Ddve and Clarke
Crest Court from R-l Single Family
Residential to ID Institutional Distric~ and
by approving an amended Conceptual
DevelopmentPlan for the Clarl:eCollege ID
Institutional Distric~ presented and read.
Council Member Pratt moved that this be
considered the first reading of the
Ordinance, and that the requirement thst a
proposed Ordinance be considered and
voted 00 for passage at two oouncil meetings
prior to the meeting at which itis to be fioally
adopted be suspended and further moved
that a Public Hearing be held on the
proposed Ordinance on the 19th day of
February, 1990, and that the City Clerk
publish notice in the manner prescribed by
law. Seconded by Council Member
Heckmann. Canied by the following vote:
Yeas-Mayor Brady, Council Memben
Deich, Heckmann, Klttesner, Nicholson,
Pratt. Nays-None. Abstain-Council
MemberVoetberg.
Communication of Planning & Zoning
Commissioo advising of their approval of
the Freeway Corridor Plan and requesting
Council to study the plan, set the matter fo<
a public hearing and adopt a Freeway Cor-
ridor Plan to guide the development and
redevelopment anticipated aloog and ad-
jacent to the newly built roadway, presented
and read. Council Member Kluesner moved
that this be referred to Council and set it for
Work Session on lanuary 29, 1990.
Seconded by Council Member
Heckmann. Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
Communication of City Managerreoom-
mending to sell the property located at 437
Loras Boulevard and setting public hearing,
presented and read. Council Member Pratt
moved that the corumunication be received
and fùed. Seconded by Council Member
Heckmann. Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
RESOLUTION NO. 14.90
A RESOLUTION OF INTENTION
TO DISPOSE OF CITY-OWNED
PROPERTY; LOT TWO OF LOT
FOUR OF OUT LOT 667, CITY OF
DUBUQUE,DUBUQUECOUNTY,
IOWA.
Whereas, the City of Dubuque Human
Services Department has determined the
feasibility of a development proposal for the
renovation of property located at 437 Loras
Boulevard; and
Whereas, the City Council, by passage of
Resolution No. 104-88, recognized the need
for provision of certain City administered
community development subsidy fo< the
purpose of achieving rehabilitatioo of this
property; and
Whereas, the City has received an offer
to acquire the property at Lot Two of Lot
FourofOutLot667, in the amount ofs 1.00,
in accordance with an offer to buy real estate
attached bereto;
16
Regular Session, January 15, 1990
NOW, THEREFORE, BE IT
RESOLVED BYTHECITY COUNCIL OF
THE CITY OF DUBUQUE,IOW A.:
SectIon 1, That the City of Dubuque
inlends to dispose of its interest in the fol-
lowing legally described property:
Lot Two of Lot Four of Out Lot 667, in
the City of Dubuque, Iowa, according to the
reoorded plat of said subdivisiou.
Section 2. That the City of Dubuque,
Iowa proposes to dispose of its interest in the
herein described real estate to J. L.
Felderman, for the consideration of SI.OO
and the tenns of the offer to buy real estate
attached bereto.
Sedloo 3. That this Council meet in the
Carnegie Stout Public Library Auditorium.
11th and Bluff Streets, Dubuque, Iowa, at
7:30p.m. on the 5th day ofFebroary, 1990,
for the purpose of taking action on the dis-
position of Lot Two of Lot Four of Out Lot
667, City of Dubuque, Dubuque County.
Sedloo 4, That the City Clerk be and sbe
is hereby authmized and directed to cause a
notice to be publisbed as prescribed under
Chapter 364.7, Disposal of Property-Code
of Iowa 1987 or as amended.
Passed, appmved and adopled this 15th
day of lanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoptioo
of the Resolutioo and set it for Public Hear-
ing 00 February 5,1990 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 Council
Member Heckmann. Canied by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmaoo, Kluesner,
Nicholson, Pratt, Voetberg. Nays-Nooe.
Corumunication of City Managerrecom-
mending a public hearing be held providing
for the vacating of a portion of Blake Street
and the alley east of Blake Stree~ presented
and read. Council Member Pratt moved that
the communication be received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Kluesner,
Nicholson. Pratt, Voetberg. Nays-Council
Members Deich, Heckmann
,"""--
RESOLUTION NO- 1$-90
RESOLUTION APPROVING PLAT
OFV ACA TED SOUTHERL YPOR-
TION OF BLAKE STREET AND 20
FT. ALLEY LYING FIRST SOUTII
OF KIRKWOOD STREET AND
RUNNING FROM E.P.L. OF
BLAKE STREET TO TIlE EAST
END OF ALLEY.
Whereas, there has been presented to the
City Council of the City of Dubuque, Iowa,
aplatdatedNovember22,I989,preparedby
llW Associates, P.C.. Dubuque, Iowa,
describing the vacated portion of 60 fl wide
Blake Street from the S.P.L. of Lot 71
Wood's Addition to the south end of street,
and 20 fl wide alley lying lint south of
Kirkwood Street running from E.P.L. of
Blake Street to its east tenninus which is
approximately 386 ft_Iong; and
Whereas, said plat confonns to the laws
and stacutes pertaining thereto.
NOW, THEREFORE, BE IT
RESOLVED BYTIŒCITY COUNCIL OF
TIlE CITY OF DUBUQUE, IOWA:
Sedloo 1. That the plat dated November
22, 1989 prepared by llW Associates, P.C.,
relative to the real estate hereinabove
described be and the same is hereby ap-
proved. and the Mayor and City Clerk be and
they are hereby authorized and directed to
execute said plat for and on behalf oftheCity
ofDubuque, Iowa.
Sedloo 2. That the City Clerk be and is
hereby authmized and directed to file said
plat and certified copy of this Resolution in
the Office of the Recorder, in and for
Dubuque County,lowa.
Passed. approved and adopted this 15th
day oflanuary, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Mem--
bers Kluesner, Nicholsoo, Prat~ Voetberg.
Nays-Council Members Deich,
Heckmann.
RESOLUTION NO- 16-90
RESOLUTION DISPOSING OF
CITY INTERESTIN LOT 6SA, 71B
Regular Session, January 15, 1990
17
AND 7IC OF WOOD'S ADDmON
IN THE CITY OF DUBUQUE,
IOWA.
Whereas, Loras College has requested
the vacating of a portion of Blake Street and
20 fl alley lying first south of Kirl:wood
. sueet and ronuing from E.P.L. of Blake
Street to the east end of alley; and
Whereas, IIW Associates, P.C., Dubu-
que. Iowa has prepared and submitted to the
City Council a plat showing the vacated
portion of Blake Street and 20 fl alley and
assigned a lot number thereof, which
hereinafter shall be known and described as
Lot6SA. 7IBand7ICofWood'sAdditioo
in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of
Dubuque, Iowa has determinèd that this por-
tion of Blake Street and 20 fl alley is no
longer required for public use, and vacating
and sale of said portion of Blake Street and
2Ofl alley known as Lot6SA, 7lB and 71C
Wood's Addition in the City of Duhoque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT
RESOLVED BY THECITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque in-
tends to dispose of its interest in Lot 6SA,
7IB and 7IC Wood's Additioo in the City
of Dubuque,lowa.
Section 2. That the conveyance of Lot
6SA and 7lC of Woods Additioo in the City
of Dubuque, Iowa to Lor.. College, and Lot
7IB of Woods Addition in the City o!Dubu-
que, Iowa to Peter M. and Sava A. Ross be
cootingent upon the payment of SI,672.00
and S IOS.OOrespectively, plus platting, pul>-
lication and filing fees.
Sedloo 3. That the City Clerk be and is
hereby aothorized and directed to canse and
notice of intent to dispose of said real estate
in the manner as prescribed by law.
Passed. appmved and adopted this 15th
day oflanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution and set it for Public Hear--
ing on February 5, 1990 at 7:30 P.M. in the
Public Library Auditorium with the City
Clerk to publish notice in the manner
prescribed by law. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Kluesner, Nicholsoo, Pratt, Voetberg.
Nays-Council Members Deich,
Heckmann.
Communication of City Manager
responding to tree removal appe.a1 by Steve
and Phyllis Slatlety and recommending tree
be removed at 1955 Delaware Street,
presented and read. Council Member
Heckmann moved that the cornmunicatioo
be received and filed and approved recom-
mendation. Seconded by Council Member
Voetberg. Canied by the following vote:
Yeas-Council Members Deich,
Heckmann, Kluesner, Voetberg. Nays-
Mayor Brady, Council Members Nicholsoo,
Pratt
Communication of City Manager
respouding to tree removal appeal by The
Fischer Company and recommending
removal of tree 00 the 'Bluff Street side of
408 West Fifth Stree~ and Conununication
of The Fischer Companies advising of theIr
decisioo not to o~ect to the tree's removal,
presented and read Council Member Heck-
mann moved that the communicatioos be
received and ftIed and recommendation
approved. Seconded by Council Member
Kluesner. Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-Nooe.
Communication of City Manager
requesting appmval of an application to the
U.S. Department of Housing and Urban
Development for sixty-five additional Sec-
tion 8 Program Housing Vouchers,
presented and read. Council Member
Voetberg moved that the conununication be
received and ftIed. Seconded by Council
Member Heckmann. Canied by the follow-
iog vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-Nooe.
RESOLUTION NO. 17--90
A NEW RESOLUTION AUTHOR-
IZING THE MAYOR TO
EXECUTE AN APPUCA TION TO
PARTICIPATE IN THE SECTION
8 HOUSING VOUCHER PRO-
GRAM
Whereas, the City of Dubuque recog-
nizes the continuing unmet need for
provision of assisted housing to the City's
qualifying lower--income households and
families; and
18
Regular Session, January 15, 1990
Whereas, the u.s. Department of Hous-
ing and Urban Devdopment has invited the
City to make application for additiooal Sec-
tioo 8 Housing VoucherProgramfunds; and
Whereas, andin accordance with Sectioo
4O3A.S of the Iowa Code which states:
"A municipality or a 'Municipal
Housing Agency' may not proceed
with a housing project until a study or
a report and recommendation on
housing available within the com-
munity is made public by the
monicipality or agency and is in-
cloded in its recommendations for a
housing project Recommendations
must receive majority approval from
the local governing body before
proceeding on the housing projecL"
And in accordance with Section 213(c) of
the Housing and Community Development
Act of 1974, which states in pall that we
must determine whether or not there is a
need for such hoosing assistance, taking into
consideration any applicable State or
areawide housing assistance plan as well as
generally available data with respect to
population, poverty, housing overcrowding,
housing vacancies and substandard housing.
An application may be appmved ordy if our
determination is in the affirmative; and
Whereas, this application is consistent
with the 1988-91 Housing Assistance Plan
for the City of Dubuque as approved by the
MUD Area Office in December,1988.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF
DUBUQUE,IOWA:
Sectloo 1. That the City of Dubuque has
determined there is a need for additional
housing assistance and is knowledgeable of
the stacus of available housing within the
City as required by Iowa Code and that
majority appmval of the proposed housing
activity within the City's jurisdiction is
hereby granted.
Sectloo 2- That lids resolutioo is intended
to serve as the City o!Dubuque 's final notice
to the U.S. Department of Housing and
Urban Development of such approval and
that no additional comment will be made by
the City of Dubuque on this matter.
Sectloo 3. The Mayor is authmized and
directed to submit an applicatioo to the U.S.
Deportment ofHousing and Urban Develop-
ment for participation in the Section 8
Housing Voucher Program.
",-"
Sectl... 4, The City o!Dubuque Housing
Commission has met and conducted the
necessary public hearing regarding this
application in accordance with requirements
of Chapter 4O3.A.28 of the Code of Iowa,
and has reviewed and approved the plans for
program design and administration of this
proposed program.
Sectl... S. The City Manager is hereby
authorized and directed to forward said
application and resulting standard executed
contract to the respective agencies in a
timely fashion and as required by the U.S.
Department of Housing and Urban
DevelopmenL
Passed, appmved and adopted this 15th
day ofJanuary, 1990.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Secooded by Council
Member Heckmann. Canied by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager re-
questing approval of a RISE application to
the lOOT for 60% of the funding for street
improvements required in the Ice Harbor
area for the riverboat gambling project and
the other related tourism attractions,
presented and read. Council Member
Voetberg moved that the communication be
reœived and filed. Seconded by Council
Member Heckmann. Canied by the follow-
ing vole: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Peart, Voetberg. Nays-None.
RESOLUTION NO. 18-90
AUTHORIZING APPLICA nON
FOR RISE FUNDS FOR IMPROVE-
MENT OF MUNICIPAL STREET
SYSTEM IN THE ICE HARBOR
AREA.
Whereas,1hereis aneed for theconstruc-
tioo of new streets and upgrading of existing
streets to accommodate proposed plans for
riverboat gambling in the Ice Harbor area of
the City ofDubuque; and
Whereas, the costoftheseimprovements
is estimated at $878,626.00 and a request is
being made foc RISE Funds in the amount
of $547,176.00 oc 60% of the total cost of
the street improvements; and
Regular Session, January 15, 1990
19
Whereas, the street improvements are
necessary ID facilitaæ the movement of
laIge volume of traffic principally from the
downtown street system and the State
prinwY system to this major tourism attrac-
tioo; and
Whereas, as pori of the improvement of
the area to accoounodate the ri verhoat gam-
bling and other activities there will be
approximately 1,000 porI:ing spaces which
will be generating substantial peak load
traffic demands; and
Whereas, the present street system is in-
adeqoate oris badly in need of rehabilitatioo
in order to accommodate lids increased
traffic requiremen~ and
Whereas, the City of Dubuque is now in
the process of acquiring the land for the
accommodation of riverboat gambling; and
Whereas, construction of the improved
road system must be oompleted prior to
April I, 1991; and
Whereas,1here will be a total investment
in the area in excess of $17,000,000.00 in-
cluding the gambling boat and gambling
facilities.
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sec\oo I. That an application be sub-
mitted to 1he Iowa Department ofTranspor-
tation for a RISE Grant of $527,176.00 or
60% of the cost of lrnproving the street sys-
temin the proximity of the Ice Harbor area
to accommodate the anticipated increase in
ttaffie volumes as a result of riverboat
gambling and other attractioos in the area.
SectJ... 2. That City endorses the project
as a very essential element in the support of
the riverboat gambling facility and the en-
hancement of tourism for the Dubuqueland
area.
Sectloo 3. That the City 00 the oomple-
tioo of the improvements will dedicate the
streets for public use.
Sect.... 4. That the City will assume all
responsibilities associated with the main-
tenance of the street improvements 00
completion.
Sectl... S. That the Mayor be authorized
and directed to sign a RISE application for
local development funding and forward such
application to the Iowa Department of
Transportation for a RISE grant of
$526,176.00.
Passed, approved and adopted this 15th
dayofJanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tioo of the Resolution. Secooded by Council
Member Heckmann. Canied by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Heckmann, Kluesner,
Nicholson, Prall, Voetberg. Nays-Nooe.
Communication of City Manager re-
questing approval of a R.E.A.P. grant
application in the amount of $200,000 for
coostructioo of arestroom/shower facility at
Riverview Pari: and authorize theMayoc and
City Manager to sign the application,
presented and read.
Mr. Don Shanley of the Dubuque Yacht
Basin requested Council not approve
application for a R.E.A.P. GranL
Council Member Pratt moved that the
communication be received and filed and
approved with City Mgr. and the Mayor to
sign. Seconded by Council Member
Voetberg. Canied by the following vole:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Pratt,
Voetberg. Nays-Council Member Nichol-
SOIl.
Communication of City Manager re-
questing approval of a Historic Resouroe
Development Program (HRDP) grant to in-
stall historic street lights along Thlrd Street
Overpass and authorize the City Manager to
sign the application, preaented and read.
Council Member Heckmann moved that the
communication be received and filed and
approved. Seconded by Council Member
Pratt Canied by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt
Voetherg. Nays-None.
Communication of City Manager re-
questing approval for execution of aRevital-
ize Iowa's Sound Economy (RISE) Grant
Agreement between the City and the lOOT
to expand and enhance the roadway system
which currently serves the Dubuque
Industrial Center, presented and read. Coun-
cil Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt
Voetherg. Nays-None.
20
Regular session, January 15, 1990
RESOLUTION NO. 19.90
A RESOLUTION AUTHORIZING
THE EXECUTION OF A REVI-
TALIZE IOWA'S SOUND
ECONOMY GRANT AGREE-
MENT WITH THE lOW A
DEPARTMENT OF TRANSPOR-
TATION.
Whereas, the Revitalize Iowa's Sound
Eoonomy (RISE) bas been created hy the
Iowa Departtnent ofTransportatioo to assist
in the econooricdevelopmentefforts oflocal
jurisdictions; and
Whereas, the City of Dubuque, Iowa baa
been awarded a $170,559 grant from the
RISE program by the Iowa Department of
Econooric De"elopmen~ and
Whereas, the City of Dubuque, Iowa
believes that, through the continued en-
hancement and expansioo (of the Dubuque
Industrial Center, permanent employment
opportunities for its citizenry will be created
and new and expanding businesses will be
encouraged to location their operations
within the industrial center; and
Whereas, a RISE Grant Agreement is to
be executed between the Iowa Departtnent
of Transportation and the City of Dubuque,
Iowa and the same hereto attached and by
this reference made a part hereof.
NOW, THEREFORE, BE IT
RESOLVED BY THECITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectloo 1. That the City Clerk be and sbe
is hereby authorized and directed to endorse
the acceptance of the City o!Dubuque,lowa
upon the Grant Agreement hereto attached.
Sectloo 2. Thai the City Manager be and
he is hereby authorized to disburse funds in
acenrdance with the teons and couditioos of
the Grant Agreement hereto attached.
Passed, appmved and adopted this 15th
day ofJanuary 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved adop-
tioo of the Resolution. Secooded by Council
Member Kluesner. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-Nooe.
,~ "
Communication of City Manager re-
questing appmval of resolutioo relative to
the application of RISE Funds for comple-
tiooofthe Northwest Arterial froml.F.K. to
Rou'" S2ß86, presented and read. Council
Member Deich moved that the communica-
tion be received and filed. Seconded hy
Council Member Kluesner. Canied by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt Voelberg. Nays-None.
RESOLUTION NO, 20-90
Whereas, the Cities of Dubuque,
Sageville, and Dobuque County have sub-
mitted a RISE applicatioo for the Northwest
Arterial to the Iowa Department of
Transportation; and
Whereas, the Iowa Department of
Transportation is requesting documentation
thai the local governments will accept RISE
funds contingent upon the creatiou of new
jobs; and
Whereas, Flexstul Industries has cor-
responded with the Iowa Department of
Transportation concerning the need for the
projectand potential job growth in Dubuque.
NOW, THEREFORE, BE IT
RESOLVED BY TIlE CITY COUNCIL OF
THE CITY OF DUBUQUE TIlA T:
Sectloo 1- That the City Council of
Dubuque would oonsider favorably a RISE
grant for the Northwest Arterial with the
condition that 75 jobs will be retained and
240 new jobs will be created by Flexsteel
Industries. The new job creation assumes a
moderate growth in the Company within the
next five years.
Passed, approved and adopted this 15th
day of January, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Kluesner. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson. Pratt, Voetberg. Nays-None.
Communication of Corporation Counsel
submiuing final settlement documents in the
Cityo!Dubuque vs. HDR matter, presented
and read. Council Member Voetberg moved
that the communication be received and
Regular SeSSion, January 15,1990
21
filed. Seconded by Council Member
Kluesner. Canied by the following vo"':
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt. Voelberg. Nays-None.
RESOLUTION NO. 21.90
A RESOLUTION AUTHORIZING
THE EXECUTION OF A MUTIJAL
RELEASE AND SETTLEMENT
AGREEMENT IN THE PENDING
LAWSUIT BETWEEN THE CITY
OF DUBUQUE, IOWA, (CITY)
AND HENNINGSON DURHAM
RICHARDSON, INC.. (HDR),
CIVIL ACTION NO. C-8S-I025,
UNITED STATES DISTRICT
COURT FOR THE NORTHERN
DISTRICT OF IOWA.
Whereas, City and HDR are parties to an
action brought in the United States District
Court forthe Northern District of Iowa, Civil
No. C-8S-I025; and
Whereas, City and HDR desIre to fully
settle and compromise all issues, disputes,
cootroversies, lawsuits and claims between
them as set forth in the attached Mutual
Release and Settlement Agreement and
Gtlarantee by HDR, Inc.; and
Whereas, the City Council of the City of
Dubuque has approved the tenns set forth in
the Mutual Release and Settlement Agree-
ment and Guarantu by HDR, Inc.;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectl... 1. The Cntpotatioo Counsel of
the City of Dubuque is hereby authorized to
execute the Mutual Release and Settlement
Agreement on behalf of the City of
Dobuque, lowa,and todeliver same tocoun-
sel for Henningson Durham Richardson.
Inc.
Passed. appmved and adopted this 15th
day ofJanuary, 1990.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Communication of COI]JOC8tion Counsel
submitting an amendment to the underage
alcoholic ordinance, preaented and read.
Council Member Voetberg moved that the
communication be received and filed.
Seconded by Council Member Deich.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetherg. Nays-None.
An Ordinance Amending Section 5-7.5
relating to persons under 21 years of age
attempting to purchase or otherwise obtain
alcoholic liquor, wine or beer, by amending
paragraph (a) thereof, exempting therefrom
obtaiuing wine in coonection with religious
ceremonies, presented and read.
ORDINANCE NO. 4.90
AN ORDINANCE AMENDING
SECTION 5-7.5 OF THE CITY OF
DUBUQUE CODE OF ORDINAN-
CES, RELATING TO PERSONS
UNDER TWENTY-ONE YEARS
OF AGE ATfEMPTING TO PUR-
CHASE OR OTHERWISE OBTAIN
ALCOHOLIC LIQUOR, WINE OR
BEER, BY AMENDING PARA-
GRAPH (A) THEREOF, EXEMPT-
ING THEREFROM OBTAINING
WINE IN CONNECTION WITH
RELIGIOUS CEREMONIES.
Sectloo 1- Sectioo 5- 7.S(a) of the City of
DubuqueCnde of Ordinances is amended by
repealing said paragraph. The following
new Sectioo S-7.5(a) is hereby adopted:
(a) It shall be unlawful for any persoo
uoderthe age of 21 years to attempt to pur-
chase or otherwise obtain any alcoholic liq-
uor, wine or beer. TIds provision shall not
apply, however, to a person under the age of
21 years obtaining wine as a part of a
religious ceremony.
Sectloo 2. This Ordinance shall take
effect immediately upon publication as
provided by law.
Passed, appmved and adopted this 15th
dayofJanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Voetberg moved that
this be considered the first reading of the
Ordinance, and thai the requirement that a
proposed Ordinance be considered and
voted 00 forpassage at twooouncil meetings
Council Member Voetberg movedadop-
tioo of the Resolution. Secooded by Council
Member Kluesner. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-Nooe.
22
Regular Session, January 15, 1990
prior to the meeting at which itis to be finally
adopted be suspended and further moved
final adoptioo of the Ordinance. Seconded
by Council Member Deich. Canied by the
following vote: Yeas-MayorBrady,Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson. Pratt, Voetberg. NaY"-Nooe.
Communication of City Manager re-
questing approval for ward and precinct
houndary changes which have been sug-
gested to the City by the Legislative Service
Bureau, presented and read. Council Mem-
ber Voetherg moved that the oommunicatiou
be received and filed and approved.
Seconded by Council Member Pratt Carried
by the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager re-
questing Council postpone its scheduled
January 29th public bearings on signs in the
U.S. 61/151 freeway corridor and change to
February 6, 1990, presented and read. Coun-
cil Member Voetberg moved that the com-
munication be received and filed and
approved. Seconded by Council Member
Pratt Carried by the following vote: Ycas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of Operation: New
View requesting the naming of two in-
dividuals who will represent the City of
Dubuque for 1990, and an alternate,
presented and read. Council Member
Voetberg moved that the oommunication be
received and filed and named City Manager
Gearhart and Council Members Deich and
Nicholson with Assistant City Manager
Stephani lohoson as an alternate. Secooded
by Council Member Pratt. Carried by the
following vote: Y cas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Council appointment to Dubuque Racing
Association (DRA) - Council Member
Deich moved that they appoint Council
Member Dan Nicholson to the DRA Board.
Seconded by Council Member Voetberg.
Canied by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-None.
BOARDS/COMMISSIONS
Human Rights Commission Vacancies:
Three 3-year tenns that will expire January
I, 1993 (terms of Ruby Sutton, Daniel
Nicholson and Elaine Lagerstrom).
Applicants: Kim Clayton, Floyd Cook,
William Gibbs, Brenda Hager, Elaine
Lagerstrom, Cynthia Muchna, Robert
Nagle, Michael O'Meara, Tim Piggot,
Steven Rohner, Ruby Sutton, David
Vanderah, Mary Wachtel, Ralph Watkins.
Mayor Brady and Council Member Deich
spoke 00 behalf of Ruby Sutton and Ralph
Watkins. Russell Nash requested appointed
of Ralph Watkins. Elaine Lagerstrom re-
quested reappointment. Colleen Conklin re-
quested that Tim Piggol be appointed. Steve
Rohner requested appointment. Dave
Vanderah requested appoiotment. Tim
Piggot requested appointment. Michael
O'Meara requested appointment. Ralph
Watkins requested appointment. Kim
Clayton requested appointment. Brenda
Hager requested appointment. Floyd Cook
requested appointment.
First vote on the appointments: Mayor
Brady voted for Lagerstrom, Sutton and
Watkins. Council Member Deich voted for
Clayton, Sutton and Watkins. Council Mem-
ber Heckmann voted for Piggot, Sutton and
Watkins. Council Member Kluesner voted
for Clayton, Sutton and Watkins. Council
Member Nicholson voted for O'Meara,
Sutton and Watkins. Council Member Pratt
voted for Clayton, Vanderah and Watkins.
Council Member Voetberg voted for
Lagerstrom. Vanderah and Watkins.
Therefore, Ruby Sutton was reappointed
and Ralph Watkins appointed to three year
teons on the Human Rights Commission
which will expire January I. 1993.
Second vote: Mayor Brady voted for
Lagerstrom. Council Member Deich voted
for Clayton. Council Member Heckmann
voted for Piggot. Council Member Kluesner
voted for Clayton. Council Member
Nicholson voted for O'Meara. Council
Member Pratt voted for Vanderah. Council
Member Voetberg voted for Vanderah.
Tbere being no majority vote, a third vote
was taken: Mayor Brady voted for Clayton.
Council Member Deich voted for Clayton.
Council Member Heckmann voted for
Piggot. Council Member Kluesner voted for
Clayton. Council Member Nicholson voted
forClayton. Council Member Pratt voted for
Vanderah. Council Member Voetberg voted
forVanderah.
Therefore, Kim Clayton appointed to the
Human Rights Commission for a three year
term which will expire January I, 1993.
Regular Session, January 15, 1990
23
RESOLUTION NO. 22.90
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA. that the following having ~ed
with the provisions of law relating to the sale
of Cigarettea within the City of Dubuque,
Iowa. be granted a permit to sell Cigarettes
and Cigarette Papers within &aid City:
SandraZirkelhaclt, A & B Tap
2600 Central
Passed, approved and adopted this 15th
dayofJanuary,I99O.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayor
Atteat:
Mary A. Davis
City Clerk
Council Member Deich moved adoptioo
of the Resolution. Seoanded by Council
Member Pratt Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetbe'll. Nays-None.
RESOLUTION NO. 24.90
Whereas, applications for Liquor
Licenses have been sulxnitted to this Coun-
cil for approval and the same have been
examined and approved; and
Whereas, The premises to be occupied by
such applican.. were inspected and found to
comply with the State Law and all City
Ordinances relevant thereto and they have
filed proper bonds;
NOW, THEREFORE, BE IT
RESOLVED BY THECITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA. thatthe
Manager be authodzed to cause to be issued
to the following named applicant(s) a Liquor
License.
CLASS "C" (COMMERCIAL)
BEER AND LIQUOR LICENSE
Robert Spiegelhalrer, Club House
2364 Washington St.
Roger H. Kunde, Gomers
1105 University
Passed. appmved and adopted this 15th
day of March, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Deich moved adoptioo
of the Resolution. Seconded by Council
Member Pratt Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. NaY"-Nooe.
MINUTES SUBMITTED - Human
Rights Corrunissioo ofl2-1 I & 12-21; PIan-
Ding & Zoning Corrunissioo of 11-28,12-6
& 12-20; Library ßoanj of Trustees of 12-
18; Historic Preservation Corrunission of
12-12, presented and read. Council Member
Pratt moved that the nhoutes bereceived and
filed. Seconded by Council Member
Voetberg. Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Klueaner, Nicholson,
Pratt, Voetberg. Nays-Nooe.
Council Member Deich moved adoptioo
of the Resolution. Seconded by Council
Member Pratt
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetberg. Nays-Nooe.
RESOLUTION NO. 23.90
Whereas, Applications for Beer Permi..
have been submiuedand filed to this Council
for approval and the same have been ex-
anhoed and appmved; and
Whereas, The premises to be occupied by
such applican.. were inspected and found to
comply with the Ordinances of this City and
have filed proper bonds;
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the City
of Dubuque, Jowa, that the Manager be
authodzed to cause to be issued the follow-
ing named applican.. a Beer Pennit.
CLASS "ß" BEER PERMIT
Golinvaux, Pizza Hut
2075 J.F.K. (Sunday sales)
CLASS "C" BEER PERMIT
Iowa Oil Company, lOCO Speede
Shoppe, 3200 Central (Sunday sales)
Iowa Oil Company, lOCO Speede
Shoppe, 1481 Dndge St. (Sunday sales)
Passed. approved and adopted this 15th
dayofJanuary, 1990.
James E. Brady
Mayor
24
Regular Session, January 15, 1990
NOTICES OF CLAIMS/SUITS - Curt
Gothard in estimated amount of $125.50 for
vehicle damages; John Grotjohn in amount
of $205.30 for vehicle damages; lali.. and
Viola Heinricy in amount of $64.96 for
hacked up sewer damages; Howard F. and
Joan C. Higley, in unknown amount for
hacked up sewer damages; Key City Win-
dow Cleaning Co. in estimated amount of
$1328.58 for vehicle damages; Craig
Wersinger in amount of $30.38 for vehicle
damages, presented and read. Council
Member Pratt moved that the claims and
suits be referred to the Legal Staff for inves-
tigation and report. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson. Pratt, Voetberg. Nays-Nooe.
Communication of Iowa Departtnent of
Econoruic Development advising of satis-
factory compliance in the Fiscal Year ending
6-30-88 program, presented and read.
Council Member Pratt moved that the com-
muuication be received and filed. Seconded
by Council Member Voetberg. Canied by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of Dubuque, Delaware
Substance Abuse Services Center submit-
ting their second-quarter FY'9O Report on
Services to AdolescentslHigh-Risk Youth,
presented and read. Council Member Pratt
moved that the cormnuuicatioo be received
and filed. Seoooded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Cooncil Members
Deich, Heckmann, Kluesner, Nicholson,
Prat~ Voetberg. Nays-None.
Proof of Publication on Nodce of Intent
to file arequest for release offunds for seven
Community Development projects and
Proof of Publicatioo ou List of Claims paid
for month of November, 1989, presented
and read. Council Member Voetherg moved
that the proof ofpublicatioo bereceived and
filed. Seconded by Council Member
Voetberg. Canied by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
REFUNDS REQUESTED-A & B Tap
in amount ofSSO.OO for unexpIred Cigarette
License, presented and read. Council Mem-
ber Pratt moved that the refund be approved
and Finance Director to issue the proper
check. Seconded by Council Member
Voetberg. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-Nooe.
Corumunication of City Manager sub-
mitting Fiscal Year 1989 Audit Reports for
Water Utility, Muuicipal Sewage Disposal
Works, Parking Facilities, Solid Waste
Agency and the Comprehensive Annual
Financial Report, presented and read.
Council Member Pratt moved that the corn-
muuication be received and filed. Seconded
by Council Member Voetberg. Canied by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Cormnunication of City Manager re-
questing authorization to submit five delin-
quent sewer accounts to the Dubuque
County Treasurer to establish real property
liens for collection of such past due
accounts, presented and read. Council
Member Pratt moved that the cormnunica-
tion be received and filed. Seconded by
Council Member Voetberg. Canied by the
following vote: Yeas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Prat~ Voetberg. Nays-None.
RESOLUTION NO- 25-90
RESOLUTION AUTHORIZING
COLLECTION OF DELINQUENT
SEWER ACCOUNTS IN ACCORD-
ANCE WITH SECTIONS 44-83
AND 44-86 OF THE CODE OF
ORDINANCES OF THE CITY OF
DUBUQUE,IOWA.
Whereas, Section 44-83 of the Code of
Ordinances authorizes the City to levy and
collect just and equitable charges, rates or
rentals upon all lots, parcelsorreal estate and
buildings that are connected directly or in-
directly with the sanitary sewer system; and
Whereas, Sectioo 44-86 of the Code of
Ordinances provides that the City shall have
a lien upon the real property served by the
sanitary system for all delinquent rates and
charges; and
Whereas, delinquent sewer charges shall
be certified, as of December 31st of each
year, by the City Clerk to the Duhoque
County Treasurer for collection with, and in
the same manner as, general property taxes;
NOW, THEREFORE, BE IT
RESOLVED BY TIIECITY COUNCIL OF
THE CITY OF DUBUQUE,IOWA:
Regular Session, January 15,1990
25
Section 1. That the persons named
hereinafter, owning the following described
property, have unpaid sewer charges in the
amount set oo~ and that said charges are
dalinquent
~
"'.,....,o..mDtJoa
A8wI
Mooyc.n<It Lot l-t-t-2-I-t-I-t-I-t.1 $420.09
1460""""" MiD. Lot 4" '6-1-2-I.lS)
¡."yMkb""" Lot2-1-2Mm4'" $25.36
I169M"""".
TmOnoybill Lot 3 DfF..., ElnUa. $943.42
16"W.32OOSL PI~
T"",- Lot2-IMo_F~ $4257
t9S1 W. 3200"'-
s....Smi.. LotI-2-I-I-I-tB~1 S72.40
1800"""""" N"""""'Iod~.-
Section 2- That the City Clerk be and is
hereby ordered and directed to certify to the
County Treasurer of Dubuque County,
Iowa, that the persons named herein are
dalinquent io the payment of sewer charges
in the amounlS set aside of the name, and that
said delinquent sewer charges shall be col-
lected in the same manner as general proper-
ty taxes against the respective pareels of
property set opposite the oame of the
property owner.
Section 3. That the delioquent seWer
charges be and the same shall be collected
with, and in the same manner as, general
property taxes as provided by law.
Passed, appmved and adopted this 15th
day ofJanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-Nooe.
Cormnunication of City Manager re-
questing anthorization to submit seventeen
delinquent garbage and refuse collection
8CCOunlS to the Dubuque County Treasurer
to establish real property liens for collectioo
of such past due accounlS, presented and
read. Council Member Pratt moved that the
communication be received and fIled.
Seconded by Council Member Voetberg.
Canied by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Prat~
Voetherg. Nays-None.
RESOLUTION NO- 26-90
RESOLUTION AUTHORIZING
THE CITY TO COLLECT DELIN-
QUENT GARBAGE AND REFUSE
COLLECTION ACCOUNTS IN
ACCORDANCE WITH SECTION
22-36 AND 22-37(d) OF THE CODE
OF ORDINANCES OF THE CITY
OFDUBUQUE,IOWA
Whereas, City garbage and refuse collec-
tioo from residential premises, as defined in
the Cnde of Ordinances of the City of
Dubuque, Iowa, is mandatory; and
Whereas, as of December 31st of each
year, delinquent garbage and refuse collec-
tion charges shali be certified by the City
Clerk to the Dubuque County Treasurer for
collection with, and in the same manner as,
general property taxes;
NOW, THEREFORE, BE IT
RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the persons named
herein under, owning the property thereby
set forth, are delinquent in the payment of
refuse collection charges in the amount set
aside of the name.
~
P",....,o..-,ID"'.
A8wI
LonyH"", Lot2-2-3LotI-2Dfl-t-3 $57.37
3""On.;d.SL DfN 112ofSE Il4ofNW
II4S~ 121'S9N-R2""
EhnttBliDl,
""S~= SL
Lot II om,1 N,Dub. Add SSO,96
Eod Lot t2N.Dub Add,
M.......M",U~ Lot2-t.1S1I2NIEII4 $"'.25
8SSS~=SL N,wII4S=12.PS9N-
R2E
G..,.BttDhonl Lot4-Wm"BttS"~
!too Roo_,I<SL
$162.51
"""', cw.~ Lot l-t-2-1-2-1-2-1.1-2-1 $159,63
3"OIymp~Hg' S/B-s,wS=!t,
1'S9N R2E
AN"""""'"
1553 .....=
Lot t-t-I"
Sb_RES"~
8159,63
AwIM- Lotlofl2SA
1950 """'dol. "" Sb..... EdIU""
$24.76
M.vy eo...
1460 Mllltt ""
Lot l-t-I-2-t-t-t-I-t.I-1 $145.56
MiDonILot4..
C6-1-3-t-tB)
Lony MiDbùk Lot2-1-2M"4'" S9."
1"9MIll~""
Ray"",,, Lot I, VDUI~ $203,04
1223Mllltt""
MikoM,DonnD. LotI-I-2-I-t.2-t-4Min. $93.41
t695 Old Mill "" Lot SOl; 2-I-t-I-I-2-I-I"
Min.ù><SOt;2-1-2-1-2-1
4 MiD Lot SOt: 2 Popt,PI
26
Regular Session, January 15, 1990
~_,_'I"'"
A8UII
$237.'"
Tm_bIn Lot 'off..",.".""
163SW. '2ndSL' PI-
T"",- Lot2-IMo"",--
,""W.-'L
$29."
,7'51
S..,....i.. Lot t-2-t-'-1-1-Blk I
t800"""""" N""""","""'LPk.
.~",N""'" LotI ott 01 tho Sob. ot $13'.04
2muo"""'" Lot2 MIo.Lot2S7
Avo Lot2otMIo,Lot238
N<holooM""'" Lot2-1-1-1-2-3-Mio. m'.04
S/Sc.d-C>oo, Lot219,Lot2-2-I-2-I-I-2
Rood Mio. Lot22) (6-12-2-66)
'm Ou_m
'!4S2C>oo=t
"da'
Lot2-1-1-I-l-I-10l
Mio. Lot2S2
s..,:!o
'D..""..m","m~.(I)_"""'"
Sectloo 2. That the City Clerk be and is
hereby ordered and directed to certify to the
County Treasurer of Dubuque County,
Iowa, that the persons named hereinbefore
are delinquent in the payment of refuse 001-
lection charges in the amount set aside of the
respective names, and that said amounts
shall be oollected in the same manner as
general property taxes against the respective
parcels of property set opposite the names of
the owners.
Passed, approved and adopted this 15th
day of January, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg. Nays-None.
Communication of Planning & Zoning
Commissioo stating the previously proposed
Waterfront Districts would be more suitable
in this area and requesting Council to review
the proposed Waterlront Districts I, 11 and
\11, presented and read. Council Member
Pratt moved that the oommunication be
received and filed. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Cooununication of Corporation Counsel
recommending closure of medical expenses
claim of Maggie Spautz, presented and read.
Council Member Pratt moved that the
communication he received and filed.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetherg. Nays-None.
Communication of the Historic Preserva-
tioo Commission requesting that the Council
seta policy on the salvage, storage and reuse
of historic street pavers, presented and read.
Council Member Pratt moved that the
communication be referred to the Historic
Preservation Commission Worksession.
Seconded by Council Member Voetberg.
Canied by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetherg. Nays-None.
Petition of Thomas and Suzanne Dillon
containing 14 signatures, requesting the
removal of parking on one side, preferably
the eastside, of Shelby Street, presented and
read. Council Member Pratt moved that the
matter be referred to the City Manager and
Staff for investigation and report. Seconded
by Council Member Voetberg. Canied by
the following vote: Yeas-Mayor Brady,
Council Members Deich, lIeckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager re-
questing approval of a Landlord's Subor-
dination Agreement with Arcadian
Corporatioo, presented and read. Council
Member Pratt moved that the oommunica-
tion be received and filed. Seconded by
Council Member Voetberg. Carried by the
following vote: Y cas-Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION 27.90
RESOLUTION AUTHORIZING
LANDLORD'S SUBORDINATION
AGREEMENT WITH ARCADIAN
CORPORATION.
Whereas, Arcadian Corporation has
notified us that they are coosummating a
refinancing progI1Ull of its hank debt with a
new group of lending banks; and
Whereas, Arcadian Corporation further
informs us that as part of this refinancing
they have been requested to provide
Landlord's Subordination Agreements; and
Whereas, Arcadian Corporatioo has a
Lease Agreement with the City of Dubuque
Regular Session, January 15,1990
27
dated November 20, 1962 and expiring in
year 2012; and
Whereas, annoall y Arcadian Corporatioo
pays theCityo!Dubuque SI,313.00per year
and all payments have been promptly paid
by the Arcadian COI]JOC8tion; and
Whereas, the Landlord', Suhordinatioo
Agreement addresses rights of lenders to
personal property of Arcadian Corporatioo
00 the City of Dubuque property butthe City
of Dubuque does not relinquish any of its
rights to the ownership of the land.
NOW, THEREFORE, BE IT
RESOLVED BYTHECITY COUNCn. OF
TIlE CITY OF DUBUQUE, IOWA:
Seclloo 1- That the attached Landlord's
Subordination Agreemen~ and made a pari
hereof, be appmved.
Sectioo 2. That the Mayor be anthorized
and directed to execute this Agreement and
a certified copy be forwarded to the
Arcadian Corporatioo.
Passed, appmved and adopted this 15th
day ofJanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-Nooe.
Printed Council proceedings for the
moothofSeptember,1989presentedforap-
proval. Council Member Pratt moved that
the minutes be approved as printed.
Seconded by Council Member Voetberg.
Canied by the following vote: Ycas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Prat~
Voetherg. Nays-None.
There being no further business, Council
Member Voetberg moved to adjourn the
meeting. Seconded by Council Member
Deich. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Heckmano, Kluesner, Nicholson,
Pratt, Voetberg. Nays-Nooe. Mooting
adjoumedat 12:36 A.M. January 16, 1990.
Mary A. Davis
City Clerk
Approved
,1990
...~
~;/;:;'-/ / . , ., - /
,/;// ./.. Ä" /';- /4/" '
/f:¡/:Col.--'Wlt-Ll-.l.t Vt./
J --'"":::: ./
--:¿;?, / -
tòuncil Members---
Attest:
7( ,// ¿
{tl 1-</ 1.-( ,:--e,,-, þ
,Ii City Clerk
special Session, January 22, 1990
ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, BY
RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY AD-
JOINING AND INCLUDING A
PORTION OF THE ICE HARBOR
FROM HI HEAVY INDUSTRIAL
DISTRICT TO CR COMMERCIAL
RECREATION DISTRICT.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
28
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, lanuary 22, 1990.
Council met at 7:00 p.m., Public Library
Aoditoriurn.
Present: Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg, City Manager W. Kenneth
Gearhart, Corporatioo Counsel Bony A.
Lindahl.
Mayor Brady read the call and stated this
is a Special Session of the City Council
called for the purpose to consider an
Ordinance reclassifying portion of the Ice
Harbor from Heavy Industrial District to
Commercial Recreation District and acting
upon such other business which may proper-
ly come before the Council.
Council Member Voetberg moved to
remove from the table an Ordinance amend-
ing Cnde of Ordinances by revising the
Zoning Ordinance to reclassify property ad-
joining and including a portion of the Ice
Harbor form III Heavy Industrial District to
CR Commercial Recreational District
(tabled from meeting of January 15, 1990).
Secooded by Council Member Heckmann.
Canied by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Pratt,
Voetherg. Nays-None.
An Ordinance amending Code of
Ordinances by revising the Zoning
Ordinance to reclassify property adjoining
and including a portion of the Ice Harbor
from HI Heavy Industrial District to CR
Commercial Recreational District, said
Ordinance tabled from meeting of lanuary
15,1990, presented for final action.
ORDINANCE NO- 5-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PROVID-
ING THAT THE CODE OF OR-
DINANCES, CITY OF DUBUQUE,
lOW A, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF,
ALSO KNOWN AS THE ZONING
Sectloo I. That Code of Ordinances of
the City of Dubuque, Iowa, be amended by
revisiog Appendix A thereof, also know as
the "Zoning Ordinance of the City of
Dubuque, Iowa" to reclassify hereinafter
described property from III Heavy IndostriaI
District to CR Commercial Recreation
District, to wit:
Beginning at the Northeast comer of
City Lot 747, thence northeasterly
along S.P.L. of East Foorth Street to
the northwest comer of Lot 4 of
Adams Co's 1st Addition; thence
southeasterly along S.P.L. of said lot
a distance along a curve of 410.07 ft.
arc and radius of 622.37 feet Chord
bearing N 33' 22'27- W, Chord dis-
tance 402.69 fl; thence N 31' 55'48"
E a distance of 8.61 fl to a point on
S.P.I.. of Lot 4 of Adams Co's 1st
Additioo; thence N 58' 15'00" W a
distance of 71 4.49 fl which is along
S.P.L. of Lot I & 4 of Adams Com-
pany 1st Addition and is the S.E.
corner of said Lot & W.P.L. of Bell
Street; thence N 58' 15'00" Walong
S.P.I.. of Block K of Booths Additioo
a distance of 394 ft. to S.E. comer of
said addition and vacated Tower
Street; thenceN 58'13'00" W across
vacated Tower Street a distance of30
fl- which is N.W. oomer of Lot 6 of
Block M of Booths Additioo; thence
N 58' 13'00" W along N.P.I.. of said
addition a distance ofI 13 fl to north-
east comer of Lot 6 of Block M of
Booth's Addition; thence N 58'
13'00" W a distance of 550' along
said property line extended to the
northeast comer of said zoned area;
thence S 31' 47' W a distance of 650
ft. to the southeast corner of said
zoned area; thence westerly to the
southeast comer of City Lot 528 and
City Lot S28A; thence nortb easterly
to the northeast corner of City Lot7 47
which is point of beginning, all in the
City of Dubuque, Iowa.
Special Session, January 22, 1990
29
The following poperties are inclnded in
this descriptioo:
Lot 1 through Lot 7 of Block C
Booth's Additioo; Lot22 through Lot
37 of Block C Boodl's Additioo;Lot
22 througb Lot 42 of Block F Booth's
Additioo; Lot 16 through Lot 30 of
Block K Booth's Addition; Lot I
through Lot 6 of Block M Booth's
Additioo; Lot 20 through Lot 21 of
Block L Booth's Additioo; Vacated
4th Street; the south 143 ft. ofvacated
Tower Street; Thlrd Street; Lot A. B,
C of vacated Thlrd Street; the south
307 fl of Bell Street; vacated inner
levee; North portion of Ice Harbor;
Lot I & Lot 2 of Block D & E of
Booth's Addition & vacated Market
Street; C.C. W.R:R. & So<> Line Rail-
roads right-of-way from S.P.I.. of 4th
Street and east of and abutting City
Lot746,74S,S28Aand3rdStreetand
west of Ice Harbor to the S.E. corner
of City Lot 428A;
and excluding the following properties:
Lots I through 19 of Block L of
Booth's Addition; Lot 4 of Blocks D
&EofBooth'sAdditionand vacated
Market Street; W. Bal. - Lot 3 of
Blocks D & E of Booth's Additioo
and vacated Market Street; W. Bal. -
E 168 fl of Lot 3 of Blocks D & E of
Booth's Addition and vacated Market
Street; E67.59 fl of the E. 168 flof
Lot 3 of Block D & E of Booth's
Additioo and vacated Market Street
Sectloo 2. That the foregoing amend-
ment will bereviewed on January 3, 1990 by
the Planning and Zoning Commission of the
City of Dubuque, Iowa.
Passed. approved and adopted this 22nd
dayoflanuary, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telegraph
Herald newspaper this 26th day of January,
1990.
Mary A. Davis
City Clerk
It I f26
Kluesner, Nicholson, Pratt, Voetberg.
Nays-Nooe.
Discussion of aeating Planning Corn-
mission separate from current Planning and
Zoning Conunission (tabled from meeting
ofNovernber20, 1989).
An Ordinance amending Code of
Ordinances by repealing Chapter 36, "Plan-
ning", Section 36-1 through Section 36-31
relating to tbe Planning and Zoning
Commissioo and die Development Planner,
and by adopting in lieu thereof a new Chap-
ter 36, "Planning: Zoning", Sectioo 36-1
through Sectioo 36-15, providing for aCorn-
prebensive Plan, creating a Long-Range
Planning Conunission and providing for the
membership, and the powers and duties
thereof, and aeating a Zouing Commissioo
and providing eo. the membership, and the
powers and duties thereof, presented and
read.
Council Member Pratt moved that this be
oonsidered the first reading of the Or-
dinance, as amended. Seoonded by Council
Member Voetberg. Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Kluesoer, Nicholson, Pratt,
Voetberg. Nays-Council Member
Heckmanfl
It was approved that the Council res-
cbedule its February 6th public hearing on
signs in the U.S. 61/151 freeway conidor to
March 19,1990.
There being no further business, Council
Member Pratt moved to adjourn the meeting.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deicb,
Kluesner, Heckmann, Nicbolson, Pratt,
Voetberg. Nays-None. Meeting
adjourned 819:36 p.rn.
Mary A. Davis
City Clerk
Approved
Council Member Heckmann moved final
adoptioo of die Ordinance. Seconded by
Council Member Voetberg. Canied by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
~---
Special Session, January 22,1990
Special Session, January 29, 1990
30
31
ISSUANCE OF PERMITS FOR
BILLBOARDS IN THE CITY OF
DUBUQUE.
DUBUQUE
CITY COUNCIL
Whereas, the City Council in response to
a citizens' petitioo did request the Planning
andZoning Commissioo to study theregula-
tioos relating to billboards and to make its
recommendation to the City Council for
Zoning Ordinance amendments; and
Whereas, the Planning and Zoning Corn-
mission did form a Freeway Planning Com-
ßÙttee to study the Freeway 61/1 51 Corridor
for redevelopment opportunities,
appropriate reuse of vacant and under util-
ized land and the prormtioo of oompatible
land uses along and adjacent to the corridor;
and
OFFICIAL
PROCEEDINGS
7{
Special Sessioo, January 29,1990.
Council met at 7:00 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt, Voetberg, City Manager W. Kenneth
Gearhart, Corporatioo Counsel Bony A.
LindaJù.
Attest:
~ /
-"",1.2<: it ,Ô tf- {L-' ..v
, City Clerk
Whereas, the Commission has oompleted
a study of sign regulations and recommends
a moratorium on billboard sign permit
issuance within the Freeway Corridor; and
Mayor Brady read the cali and stated this
is a Special Session of the City Council
called for the purpose to consider an
Ordinance providing for a moratorium on
the issuance of pennits for billboards and
acting upon such other business which may
properly come before the Council.
Whereas, the Planning and Zoning Com-
mission has made a recommendation reg ard-
ing land use within the corridor to the City
Council; and
Whereas, the Planning and Zoning Com-
mission will be maldng a recommendation
after their February 7, 1990 meeting; and
Communication of City Manager re-
questing approval of an Ordinance extend-
ing the rnonotorium on issuance of pennits
fn< billboards in the Freeway Corridor for an
additiooal 60 days and suggesting to res-
chedule the February 6th public hearing 00
signs in the Freeway Corridor to March 19,
1990, presented and read.
Whereas, the City Council deemsitin the
best interest of the City to allow the City
Council additional time to study the issues
of Freeway Conddorplanuing.
NOW, THEREFORE, BE IT
RESOLVED BYTHECITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Merober Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Heckmann, Kluesner, Nicholson, Prat~
Voetherg. Nays-Nooe.
SectJool- That Section 3-64, Division 3,
Article 3, Chapter 3 of the Code of Ordi-
nances of the City of Dubuque, Iowa, be
amended by adding thereto the following
new paragraph:
"No permit for an off-preßÙse sign, as
defined in Subsection 4-3 of the
Zoning Ordinance, within the
Freeway Conddor area as shown 00
the attached map. shall be issued by
the building official from the date of
the publication of this ordinance for a
period of thirty (30) days thereafter.
The rnonotorium provided for herein
shall not be oonstrued to deprive any
person, firm, or corporation of a
vested right which such person, firm.
or corporation may have acquired as
a matter oflaw for the coostructioo of
an off-premise sign as of the effective
date of the adoption of this ordinance.
An Ordinance amending Code of
Ordinances by providing for a Moratorium
on the issuance of pennits for billboards in
the City of Dubuque, presented and read.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 6-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA AMEND-
ING SECTION 3-64, DIVISION 3,
ARTICLE 3, CHAPTER 3, OF THE
CODE OF ORDINANCES, CITY
OF DUBUQUE, IOWA, BY
PROVIDING FOR A
MORATORIUM ON THE
."",
32
special session, January 29, 1990
Any penon, firm, or corporation
aggrieved by or adversely affected by
the building official's refusal to issue
a permit for the oonstrUction of an
off-premise sign pursuant to tbis
moratorium shall appes1 therefrom to
tbe City Council of the City of
Dubuque."
Passed. approved and adopted this 29th
dayoflanuary,199O.
lames E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Published officially in the Telesraph
Herald newspaper this 5th day of February,
1990.
Mary A. Davis
City Clerk It 215
Council Member Pratt moved that this be
considered the first reading of the
Ordinance, that the requirement that a
proposed Ordinance be considered and
voted 00 for passage at two council meetings
priorto the meeting at which itis to be finally
adopted be suspended and further moved
final adoptioo of the Ordinance. Seconded
by Council Member Voetberg. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Heckmann,
Kluesner, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager sub-
mitting materials regardiog the off-premise
sign portion of the Zoning Ordinance,
presented and read.
Council Member Heckmann moved that
the communication be received and filed.
Seconded by Council Member Pratt Carried
by the following vote: Y cas-Mayor Brady,
Council Members Deich, Heckmann,
Kloesner, Nicholson, Pratt, Voetberg.
Nays-None.
An OrdinanceAmending the Scheduleof
Sign Regulations, Section 4-3.11 of Appen-
<lis A of the City of Dubuque Code of
Ordinances (Zoning Ordinance of the City
o!Dubuque,IA) by repealing that portion of
said schedule ofSignRegulatioos relating 10
Off-Premise Signs, and by adopting in lieu
thereof a new Schedule of Sign Regulations
for Off-Premise Signs, presented and read.
Council Member Heckmann moved that this
be considered the first reading of the
Ordinance, as amended. Seconded by
Council Member Pratt. Carried by the fol-
lowing vote: You-Mayor Brady, Council
- ~
Members Heckmann, Kluesner, Voetberg.
Nays-Council Members Deich,
Nicholson, Pratt
Communication of Planning and Zoning
Commissioo submitting Freeway Corridor
Plan and requesting Cooncil study the plan,
set the matter for public hearing, to adopt a
Freeway Corridor Plan to guide thedevelop-
ment and redevelopment anticipated along
and adjacent to the newly built roadway,
presented and read. Council Member Pratt
moved that this matter be set for Hearing at
the Council Meeting of February 19,1990at
7:30 P.M. in the Public Library Auditorium
and that the City Clerk publish notice in the
manner prescribed by law. Seconded by
Council Member Voetberg. Carried by the
following vote: you-Mayor Brady, Coun-
cil Members Deich, Heckmann, Kluesner,
Nicholson. Pratt. Voetberg. Nays-None.
There being no further business, Council
Member Pratt moved to adjourn the meeting.
Seconded by Council Member Voetberg.
Carried by the following vote: Yeas-
Mayor Brady, Cooncil Members Deich,
Heckmann, Kluesner, Nicholson, Pratt.
Voetberg. Nays-None. Meeting adjourned
at 10:25 P.M.
Mary A. Davis
City Clerk
Approved :'/, (,,!: (~¡( ¿ ,1990
1. ,/
, ~:f2l!¿
Regular Session, February 5, 1990
33
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Seasioo, February 5,1990-
Council met at 7:30p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Heckmann, Kluesner, Nicholson,
Pratt Voetberg, City Manager W. Kenneth
Gearhart, Corporation Counsel Bony A.
LindaJù.
Mayor Brady read the cali and stated this
is the Regular Monthly Meeting of the City
Council calied for the purpose to act upoo
such boainess which may properly come
before the Council.
Invocation was by Rev. Sheldon
Stotmeister, Pastor of Calvary Baptist
Church.
Proof of Publication, certified to by the
Publisber, 00 Notice of Public Hearing to
dispose of City's interest in property at 437
Loras Blvd., and Communication of City
Manager recommending to appmve sale of
said property, presented and read.
There were no written objections
received and no oral objectors present
Council Member Voetberg moved to
suspend the nùes to allow anyone present to
address the Council. Seconded by Council
Member Pratt Canied by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
Bob Felderman of Felderman Business
Associates requested favorable approval
subject to approval of the Zoning Board of
Adjusbnent
Council Member Voetberg moved that
the proof of publication and oonummicatioo
be received and filed. Secooded by Council
Member Pratt Carried by the following'
vote: Yeas-Mayor Brady, Council Mem-
bers Deich. Heckmann, Kluesner,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 18-90
A RESOLUTION APPROVING
THE SALE OF THE FOlLOWING
LEGALLY DESCRIBED PRO-
PERTY: WT TWO (2) OF WT
FOUR (4) OF OUT LOT 6157, IN
THE CITY OF DUBUQUE,
DUBUQUE COUNTY, lOW A. AC-
CORDING TO THE RECORDED
PLAT OF SAID SUBDIVISION,
AND COMMONLY KNOWN AS
437 LORAS BOULEVARD,
DUBUQUE, IOWA.
Whereas, pursuant 10 duly published
public notice the City Cooncil of Dubuque,
Iowa, met on theSthdayofFehruary,I99O,
at 7:30 p.m. in the Carnegie-Stout Public
Library auditorium, II th and Bluff Streets,
Dubuque, Iowa, to consider the proposal of
disposing of City-owned real estate located
at 437 Loras Boulevard which property is
legally described as follows:
Lot Two (2) of Lot Four (4) of Out Lot
6I57,in theCityofDubuque, DubuqueCoun-
ty, Iowa, according to the reeorded plat of
said subdivision.
Whereas, such property is to be sold to
Felderman Buainess Associates for the coo-
sideratioo of$I.OO and rehabilitatioo of such
property in accooIance with City standards;
and
Whereas, the City Council of the City of
Dubuque, Iowa, has overruled any and ali
objections, oral or written, to the proposal to
dispose of the interest of the City of
Dubuque, Iowa, in the herein and above-
named real estate to the ahove-named
grantee.
NOW, THEREFORE, BE IT
RESOLVED BYTHECITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sod.... 1. That the diaposa1 of the inter-
est of the City of Dubuque in the herein
ahove-clescribed property 10 Felderman
Buainess Associates is hereby approved.
Sec:tJ... 2, That the Mayor be and he is
hereby authorized and directed to execute a
Quit Claim Deed, and that the City CIeri: be
and she is hereby directed and authorized to
deliver Deed of Conveyance, conveying the
above.<lesaibed real estate to the above-
named grantee upon receipt of the purchase
price in full.
Passed. approved and adopted this 5th
dayofFebruary,I99O-
James E. Brady
Mayor