1990 December Council Proceedings
592
Regular Session, November 19, 1990
""If':
Special Emergency Meeting, December 4, 1990
RESOLUTION NO. 478-90
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Krieg,
Nicholson, Pratt. Nays-None. Absent-
Conncil Members Kluesner, Voetberg.
There being no further business, Coun-
cil Member Deich moved to adjourn the
meeting. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Krieg, Nicholson, Pratt. Nays-
None. Absent-Council Members Klues.
ner, Voetberg. Meeting adjourned at 11:01
p.m.
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Emergency Meeting, City Coun-
cil, December 4, 1990 at City Hall.
Meeting was held by electronic means
(City Clerk called each Council Member).
Present: Mayor Brady, Council Mem-
bers Deich, Kluesner, Krieg, Pratt,
Voetherg. Absent: Council Member
Nicholson.
Due to emergency cessons (snow and
blizzard conditions) the meeting for
December 3, 1990 was canceled. This is
an Emergency Meeting called for the pur-
pose to reschedule public hearings that
were scheduled for December 3, 1990, and
in order to meet publication deadlines was
called on an emergency basis in accor-
dance with Chapter 21.4 (21 of the 1989
Code of Iowa (as amended). Ail other agen-
da items were referred to the meeting of
December 17th. (News media was notified
between 8:22 am. and 8:27 am. on 12-4-90.
Council Members
At~G)
/.1/ ÁJ1L<.~
ity CI';'k
Approval to reschedule Public Hearing
to consider an Ordinance to adopt a Con-
ceptual Development Plan for the Terrace
Heights PR District on Peru Road: Ap-
proval to reschedule Public Hearing to
consider an Ordinance providing that the
method of calculating the area of On-
Premise Signagos Signs be altered; Ap-
proval to reschedule Public hearing to con-
sider an Ordinance providing that the City
Council shall not give final approval to
any reclassification request for property
in the U.S. 20 Corridor for a period of 45
days from the date of the receipt of any
recommendation of the Zoning Commis-
sion on such reclassification, presented
and read.
Council Member Kluesner moved to ap-
prove the rescheduling to December 17,
1990 at 7:30 p.m. and all other Agenda
Items be deferred to the meeting of
December 17,1990. Seconded by Council
Member Krieg. Carried by the following
vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Pratt,
Voetberg. Nays-None. Absent-Council
Member Nicholson.
593
Whereas, applications for Liquor
Licenses have been snbmitted to tlús
Council for approval and the same have
been examined and approved; and
Whereas, the premises to be occupied
by such applicants were inspected and
found to comply with the State Law and
all City Ordinances relevant thereto and
they have filed proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Manager be anthorized to
cause to be issued the following named ap-
plicants a Liqnor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Donna Roling & Gary Pfeiler,
Donos's Dip Tap, 1689 Ehn Street
Passed, approved and adopted tlús 4th
day of December, 1990.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Kluesner moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Krieg. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Pratt,
Voetberg. Nays-None. Absent-Conncil
Member Nicholson.
There being no further bnsiness, Coun-
cil Member Kluesner moved to adjourn
the meeting. Seconded by Council Mem-
ber Voetberg. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Krieg, Kluesner, Pratt,
Voetberg. Nays-None. Absent-Council
Member Nicholson.
Mary A. Davis
City Cierk
{Continued on next pagel
594
Attes~ d .J~
ity Clerk
Regular Session, December 17, 1990
595
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Session, December 17, 1990.
Council met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Mem-
bers Deich, Kluesner, Krieg, Nicholson,
Pratt, Voetberg, City Manager W. Ken-
neth Gearhart, Corporation Counsel Barry
A. Lindahl.
Mayor Brady read the call and stated
tlús is the REGULAR SESSION of the
City Council called for the purpose to act
upon such bnsiness wlúch may properly
come before the Council.
Invocation was given by Father Vincent
Hatt, Chaplain of the Shalom Retreat
Center.
City Spirit Committee Chairperson
Mary Rose Corrigan and Member Maeve
Clark presented Service Longevity to City
Employees with 25, 30 and 35 years of
service.
Council Member Pratt moved to sus-
pend the rules to allow anyone present to
address the Council if they so desire.
Seconded by Council Member Kluesner.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Nicholson, Pratt, Voet-
berg. Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider Ordinance to adopt a Conceptual
Development Plan for the Terrsce
Heights PR District on Peru Road,
presented and read. Council Member
Kluesner moved that the proof of publica-
tion be received and filed. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
An Ordinance Amending Code of Or-
dinances by adopting s Conceptual Devel-
opment Plan for the Terrace Heights PR
Planned Residential District on Peru
Road in the City, said Ordinance having
been presented and read at the meeting
~-_.- ~-'
of November 19, presented for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 91-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PRO-
VIDING THAT THE CODE OF
ORDINANCES, CITY OF DU-
BUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNING ORDINANCE OF
THE CITY OF DUBUQUE,
lOW A, BY ADOPTING A CON-
CEPTUAL DEVELOPMENT
PLAN FOR THE TERRACE
HEIGHTS PR PLANNED RESI-
DENTIAL DISTRICT ON PERU
ROAD IN THE CITY OF DU-
BUQUE, IOWA.
Whereas, Cecilia Manternach, owner,
has filed an application for approval of a
conceptual development plan for herein-
after described property in accordance
with provisions of the PR Planned Resi-
dential District regulations as set forth in
Section 3-1.6 of the Code of Ordinances,
Appendix A thereof, of the City of Du-
buque, Iowa; and
Whereas, the Zoning Connnission has
held a public hearing on said application
for a conceptual development plan pur-
suant to required published notice: and
Whereas, the Zoning Connnission has
approved said conceptual development
plan subject to specific conditions and
restrictions having found that said plan
conforms with the review standards ap-
plicable to such plans as set forth in Sec-
tion 3-1.6D of the Code of Ordinsnces, Ap-
pendix A thereof, of the City of Dubuque,
Iowa; and
Whereas, the Zoning Commission
recommended the concurrence of the City
Council and approval of said conceptual
development plan: and
Whereas, the City Council has received
the recommendation of the Zoning Com-
mission and held its own public hearing
on said conceptual development plan pur-
suant to required published notice; and
Whereas, the City Council has approved
said conceptual development plan subject
to the same specific conditions and
restrictions:
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
596
Regular Session, December 17, 1990
Regular Session, December 17, 1990
597
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by revising Appendix A thereof, also
known as the Zoning Ordinance and Zon-
ing Map of the City of Dubuque, Iowa,
by adopting and approving the concep-
tual development plan for the following
described property, to wit:
Lot 2 of 1 of D of Terrace Heights
Subdivision in the City of Du-
buque, Iowa and extending to the
center line of any abutting public
right-of-way.
Section 2. That in order to accomplish
the purposes of the PR Planned Residen-
tial District, and the Zoning Ordinance
of the City of Dubuque, Iowa, the use and
improvement of the hereinabove de-
scrihed PR Planned Residential District
shall be subject to the submitted concep-
tual development plan and to the
fnllowing conditions and restrictions:
A. Use Regnlations
The following regulations shall apply
to all uses made of land in the above de-
scrihed PR Planned Residential District:
I) The principal permitted use shall
be limited to mobile home park/subdivi-
sion as permitted by Section 3-1.6B of the
Zoning Ordinance of the City of Dubu-
que, Iowa
21 Accessory uses shall be limited to
any use customarily incidental and
subordinate to the principal use it serves.
3) No contingency uses will be
allowed.
B. Bulk Regulations
The bulk regulations in this particular
PR Planned Residential District shall be
as follows:
5,000 sq. ft.
50 ft.
Lot Area
Lot Frontage
Lot Coverage as
% Lot Area
Setbacks:
Front
Side
Rear
Building Height
40%
C. Parking Requirements
The following regulations shall apply
to all parking areas in the above describ-
ed PR Planned Residential District:
1) The off-street parking re-
quirements for the principal permitted
use shall be two 12) spaces/dwelling onit.
2) No on-street parking will be per-
mitted in tlús PR District. The property
owner shall install signs to tlús effect
along the street in this PR District.
D. Signs
The sign regulations in this particular
PR Planned Residential District shall be
the same as that wlúch is allowed in the
R-4 Multi-Family Residential District as
established in Section 4-3.11 Schedule of
Sign Regulations of the Zoning Or-
dinance of the City of Dubuque, Iowa.
The development and maintenance of
uses in tlús PR Planned Residential
District shall be established in confor-
mance with the standards of Section
3-1.6D of the Zoning Ordinance of the City
of Dubuque, Iowa.
G. Time limitation
The timetable for construction and sub-
mittal of a final site development plan
shall be established in conformance with
the following standards:
E. Site Development Standards
The site development standards for
tlús PR Planned Residential District
shall be as follows:
II A final site development plan shall
be submitted in accordance with Section
4-4 of the Zoning Ordinance of the City
of Dubuque, Iowa.
11 The conceptual development plan
shall be valid for a period of three (31 yeses
from the date of adoption of tlús or-
din.snce, provided that after the firet year,
if no final site development plan has been
filed, the Commission or Council may re-
quire the resubmission of a conceptual
development plan.
2) All outside rubbish, storage and
garbage collection areas shall be per-
manently screened from view to a height
of at least six 161 feet, as set forth in Sec-
tion 4-4.6(31 of the Zoning Ordinance of
the City of Dubuque, Iowa.
31 All slopes which exceed ten (101
percent shall be stabilized with ap-
propriate ground cover as set forth in
Section 4-4.6(2) of the Zoning Ordinance
of the City of Dubuque, Iowa.
2) Grading, excavation, extension of
utilities, installtion of streets, develop-
ment of 30 mobile borne sites and all other
site development shall be completed by
April 1992.
H- Transfer of Ownerslúp
Transfer of ownerslúp or lease of pro-
perty in tlús PR Planned Residential
District shall include in the transfer or
lease agreement a provision that the pur-
chaser or lessee acknowledges awareness
of the conditions authorizing the estab-
lishment of tlús district.
10'
6'
10'
20'
41 All utility transmission systems
shall be placed underground.
51 Adequate illumination shall be
provided to streets, sidewalks, and all
areas for velúcular and pedestrian cir-
culation, and shall be directed so as not
to interfere with the use and enjoyment
of adjacent properties.
61 Landscaping shall be installed as
set forth in Section 4-5.3 of the Zoning
Ordinance of the City of Dubuque, Iowa
In addition, the conceptual development
plan shall show, and installation shall be
required, the establishment of screening
adjacent to Peru Road running belúnd
mobile home lots #1-14 and along the side
of lot 15, except where a visibility
triangle must be maintained at
street/driveway intersections, to consist
of a 4 foot lúgh earthen berm,landscaped
with appropriate ground cover, with a
hedge row of live materials of at least
50% opacity at the time of installation
and 75% opacity witlún three 131 years
of installation and of at least three (31 feet
in height at the time of installation and
with the potential to grow in excess of
six 161 feet witlún five 151 years to be
planted along the top of the berm.
K. Utility and Dralnage Plans
Utility plans must be submitted before
final site development plan approval. All
utility extensions shall be constructed and
maintained in accordance with the City of
Dubuque specifications by the property
owner and/or association. A grading and
I. Open Space
Those areas designated on the conceptual
development plan for tills particular PR
Planned Residential District as "Open
Space" shall be maintained as open space
as defined by Section 8 of the Zoning Or-
din.snce of the City of Dubuque, Iowa and
shall be planted with appropriate con-
iferous or deciduous trees.
J. Streeta
The street installed in this particular PR
Planned Residential District, connecting
to Peru Road at both the north and south
ends of tlús project, shall be constructed
and maintained as a paved, private street,
with curb and gutter, in accordance with
the City of Dubuque specifications by the
property owner and/or association. If not
so maintained, the City of Dubuque may
do so at the expense of the property owner
and/or association.
F. Performance Standards
---~ --
drainage plan wlúch meets the City of
Dubuque specifications, including design
plans for culverts, must be submitted
before final site development plan
approval.
Section 3- A final site development plan
shall be approved by the City Planner if
found to be in conformance with the con-
ceptual development plan. If found to be
in conformance with said plan, the is-
suance of building permits shall be per-
mitted. Following approval of a final site
development plan, no construction may
take place except in substantial confor-
mance with such plan.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper tlús 26th day of
December, 1990.
Karen M. Chesterman
Deputy City Clerk
It 12/26
Council Member Kluesner moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passage at two Council Meetings prior to
the meeting at wlúch it is to be finally
adopted be suspended and fnrther moved
final adoption of the Ordinance. Second-
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider an Ordinance providing that the
method of calculating the area of On-
Premise Signs be altered, presented and
read. Council Member Voetberg moved
that the proof of publication be received
and filed. Seconded by Council Member
Pratt. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
An Ordinance Amending Code of Or-
dinances by repeallng the present Section
4-3.10 and adding thereto a new Section
4-3.10, providing that the method of
calculating the area of on-premise signs
be altered, said Ordinance having been
presented at the Council Meeting of
November 19th, presented for final action.
598
Regular Session, December 17, 1990
Regular Session, December 17, 1990
599
(OFFICIAL PUBLICATION)
ORDINANCE NO- 92-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, lOW A PRO-
VIDING THAT THE CODE OF
ORDINANCES, CITY OF DU-
BUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNING ORDINANCE OF
THE CITY OF DUBUQUE,
IOWA BY REPEALING THE
PRESENT SECTION 4-3.1O11)(al
AND ADDING THERETO A
NEW SECTION 4-3.10(1)10), PRO-
VIDING THAT THE METHOD
OF CALCULATING THE AREA
OF ON-PREMISE SIGNS BE
ALTERED.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Appendix A of the Zoning 0r-
dinance of the City of Dubuque, Iowa is
hereby amended by repeallng the present
Section 4-3.10(1)(al and adding thereto the
following new Section 4-3.10(1)lal:
New
Section 4-3.10 Sign Calculations.
(1) On-premise sign area:
lal Single Face: The area of a single
face sign shall be measured by calculating
the area of each cabinet, module or panel
wlúch makes up the sign face and sum-
ming the combined areas to determine tbe
total area No integral structural element
or support, including structural embell-
islunents such as pole covers, fraroing or
arclútectural design elements, ahall be in-
cluded in the measurement of sign area,
provided that there is no written copy,
symbol or other advertising message upon
such structural element or support.
However, such structural element or
embellislunent shall not exceed the total
square footage allowed for the sign area.
Should any written copy, symbol or other
advertising message be located on such
structural element or support, the area
enclosed by straight lines drawn closest
to the copy extremities encompassing the
individual letters, words or symbols shall
be measured and added to the total area
calculation. The gross area of a sign com-
posed only of separate letters, words or
symbols, without background, shall be
measured as the area enclceed by straight
lines drawn closeat to tbe copy extremities
encompassing the individual letters,
words or symbols.
Section 2. This ordinance >hall take ef-
fect innnediately upon publication.
"""" .,
Passed. approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
ORDINANCES, CITY OF DU-
BUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNING ORDINANCE OF
THE CITY OF DUBUQUE,
IOWA BY ADDING THERETO
A NEW SECTION 6-1.5.5, PRO-
VIDING THAT THE CITY
COUNCIL SHALL NOT GIVE
FINAL APPROVAL TO ANY
RECLASSIFICATION RE-
QUEST FOR PROPERTY IN
THE U.S. 20 CORRIDOR
(DODGE STREETI FOR A
PERIOD OF FORTY. FIVE 145)
DAYS FROM THE DATE OF
THE RECEIPT OF ANY
RECOMMENDATION OF THE
ZONING COMMISSION ON
SUCH RECLASSIFICATION,
AND FURTHER PROVIDING
THAT NOTICE OF THE FIL-
ING OF SUCH A REQUEST
SHALL BE GIVEN TO THE
IOWA DEPARTMENT OF
TRANSPORTATION.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Appendix A of the Zoning 0r-
dinance of the City of Dubuque, Iowa is
hereby amended by adding thereto the
following new Section 6-1.5.5:
"In addition to the requirements of
Section 6-1.5, the City Council shall
not give final approval to any reclass-
ification request for property in tbe
U.S. corridor (Dodge Street), as deli-
neated on the attached drawing to be
that area beginning approximately at
the Dodge House and ending approx-
imately at Devon Drive and 400 feet
either side, both north and south, of
the outer edges of the new roadway
alignment, for a period of forty-five (451
days from the date of the receipt of
any recommendation of the commis-
sion on such reclassification. Upon the
receipt of the recommendation, the
City Planner shall notify the Public
Works Director, who shall send a copy
thereof to the Iowa Department of
Transportation."
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Published officially in the Telegraph
Herold newspaper tlús 26th day of
December, 1990.
Karen M. Chesterman
Deputy City Clerk
It 12/26
Council Member Voetberg moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passage at two Council meetings prior to
the meeting at wlúch it is to be finally
adopted be suspended and further moved
final adoption of the Ordinance- Second-
ed by Council Member Pratt. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg- Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider an Ordinance providing that the
City Council shall not give final approval
to any reclassification request for property
in the U.S. 20 Corridor for a period of 45
days from the date of the receipt of any
recommendation of the Zoning Commis-
sion on such reclassification, presented
and read. Council Member Voetberg
moved thet the proof of publication be
received and filed. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Klusener, Krieg, Nichol-
son. Pratt, Voetberg. Nays-None-
An Ordinance Amending Appendix A
of the Code of Ordinances by adding
thereto a new Section 6-1.5.5., providing
that the City Council shall not give final
approval to any reclassification request
for property in the U.S. 20 Corridor
(Dodge Street) for a period of forty-five
145) days from the date of the receipt of
any recommendation of the Zoning Com-
mission on such reclassification, and fur-
ther providing that notice of the filing of
such a request shall be given to the Iowa
Department of Transportation, said Or-
dinance having been presented at the
meeting of November 19th, presented for
final action.
Section 2. Tlús Ordinance shall take ef-
fect innnediately upon publication. Tlús
Ordinance shall automatically expire on
January 1, 1994.
Passed. approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
(OFFICIAL PUBLICATION)
ORDINANCE NO. 93-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PRO-
VIDING THAT THE CODE OF
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Published officially in the Telegraph
Herold newspaper tlús 26th day of
December, 1990.
Karen M. Chesterman
Deputy City Clerk
,pc
It 12/26
Cnuncil Member Voetberg moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passage at two Council meetings prior to
the meeting at wlúch it is to be finally
adopted be suapended and further moved
final adoption of the Ordinance- Second-
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearing to
consider an Ordinance prolúbiting minors
from certain premises where alcohulic
liquor, wine or beer is sold or dispensed,
presented and read. Council Member
Nicholson moved that the proof of
publication be received and filed. Second-
ed by Council Member Voetberg- Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nicholson, Pratt, Voetberg-
Nays-None.
PaIL' Brashaw, Cathy Brashaw, John
Brashaw, Ci~dy Oliver, Roger Kunde,
David Baker, and B. J. Featherston ob-
jected to the proposed Ordinance.
An Ordinance Amending Code of 0r-
dinances by enacting a new Sectinn 5-7.6
prolúbiting Minors from certain premises
where Alcoholic Liquor, Wine or Beer i.
sold or diapensed and providing that Per-
mittees nr Licensees shall not allow
minors on such premises, said ordinance
having been presented and read at the
Council Meetings of November 5th and
November 19th, presented for final action.
Council Member Nicholson moved final
adoption of the Ordinance. Seconded by
Council Member Voetberg. No vote taken
on the motion.
Council Member Voetberg moved that
this Ordinance be tabled and to reler it to
City Staff to see if changes can be made
to the Ordinance. Seconded by Council
Member Nicholson. Carried by the fnllow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
600
Regular Session, December 17, 1990
8:47 p.m. Council recessed.
9:01 p.m. Council reconvened.
Proof of Publication, certified to by the
Publisher, on Notice of Public Hearings
to consider reclassifying property located
at 1724 Lincoln Avenue from R-2A to R-4
District, presented and read. Council
Member Voetberg moved that the proof
of publication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Council Members Kluesner, Krieg, Pratt,
Voetberg. Nays-Mayor Brady, Council
Members Deich, Nicholson.
Mike Portzen, Don Schadler, Phil
WulIekuhle, Bill IGsting, and Lue Kosthe,
requested rezoning for tlús proposed
project.
David Goetzinger, Tom BiedermlD), Jan
Lewin, Karen Cunnnings, and Cam Doerr
objected to rezoIÙng as proposed for this
project.
Rich Rokusek spoke to the proposal.
An Ordinance Amending Zoning Or-
dinance by reclassifying property located
at 1724 Lincoln Avenue from R-2A Alter-
nate Two-Family Residential District to
R-4 Multi-Family Residential District
with Conditions, said Ordinance having
been presented and read at the Council
Meetings of November 5th and November
19th, presented for final action.
Council Member Voetberg moved that
the Ordinance be fiual adopted, with con-
ditions. Seconded by Council Member
Nicholson- Vote on the motion was as
follows: Yeas-Council Members Klues-
ner, Krieg, Pratt, Voetberg. Nays-Mayor
Brady, Council Member Deich, Nicholson.
MOTION FAILED DUE TO LACK OF
3/4 VOTE.
Council Member Nichoison moved to
reconsider the matter. Seconded by Coun-
cil Member Krieg. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Kluesner, Krieg, Nicholson,
Pratt, Voetberg. Nays-Council Member
Deich.
Council Member Nicholson moved to
table the Ordinance. Seconded by Coun-
cil Member Krieg. Vote on the motion was
as follows: Yeas-Mayor Brady, Council
Members Krieg, Nicholson. Nays-
Council Members Deich, Kluesner, Pratt,
Voetberg. MOTION FAILED.
Council Member Krieg moved that tlús
Ordinance be tabled and referred to Stalf
and to leave the Public Hesring open with
consideration of Agreements such as the
8 uuits and addressing the issues raised
by Council. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Membe,s
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
Proof of Publication, certified to by the
Publisher, on Notice of Hearing on Plans
and Specifications for the New Lighting
System for Iowa Street Parking Facility
project, presented and read. Council
Member Pratt moved that the proof of
publication be received and filed. Second-
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO- 479-90
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 14th day of November,
1990, plans, specifications, form of con-
tract and estimated cost were filed with
the City Clerk of Dubuque, Iowa for the
New Lighting System for Iowa Street
Parking Facility.
Whereas, notice of hearing on plans,
specifications, form of contract, and
estimated cost was published as required
by law.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the said plans, specifications, form
of contract and estimated cost are hereby
approved as the plans, specifications, form
of contract and estimated cost for said im-
provements for said project.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Proof of Publication. certified to by the
Publisher, on Notice to Bidders on the
Receipt of Bids for the New Lighting
System for Iowa Street Parking Facility
Regular Session, December 17, 1990
601
project and communication of City
Manager recommending to award con-
tract for the project, presented and read.
Council Member Pratt moved that the
proof of publication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 480-90
AWARDING CONTRACT
Whereas, sealed proposals have been
subnútted by contractors for the New
Lighting System for Iowa Street Parking
Facility pursuant to Resolution No.
463-90 and notice to bidders published in
a newspaper published in the City of
Dubuque, Iowa on the 23rd day of
November, 1990-
Whereas, said sealed proposals were
opened and read on the 6th day of
December, 1990 and it has been deter-
mined that the bid of Paulson Electric
Company of Dubuque, Iowa in the
amount of $66,644.00 was the lowest bid
for the fnrnislúngs of all labor and
materials and performing the work as pr0-
vided for in the plans and specifications.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the contract for the above im-
provements be awarded to Paulson Elec-
tric Company and the Manager be and is
hereby directed to execute a contract on
behalf of the City of Dubuque for the com-
plete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract
and the approval of the contractor's bond,
the City Treasurer is authorized and in-
structed to return the bid deposits of tbe
unsuccessful bidders.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
ATTEST:
Karen M. Chesterman
Deputy City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
Communication of City Manager re-
questing a public hearing be held on
January 7, 1991 to conaider entering in-
to an agreement with Dubuque County for
lease of tower apace on the Eagle Point
Water Tower for radio equipment associ-
ated with the E911 Communication Net-
work, presented and read. Council Mem-
ber Voetberg moved that the communica-
tion be received and filed and approved
scheduling of Public Hearing on January
7,1991 at 7:30 p.rn. in the Public Library
Auditorium and that the City Clerk
publish notice in the manner prescribed
by law. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of City Manager sub-
mitting an Ordinance providing for a revi-
sion to the UIÙform Building Code and
recommending a public hesring be held on
the Ordinance for January 7, 1991,
presented and read Council Member
Kluesner moved that the communication
be received and filed. Seconded by Coun-
cil Member Nicholson- Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
An Ordinance Amending Chapter 11,
the UIÙform Building Code, of the Code
of Ordinances of the City of Dubuque,
Iowa, by adding to Section 11-2 a new Sec-
tion pertaining to Residential Exiting,
presented and read.
Council Member Kluesner moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passage at two Council meetings prior to
the meeting at wlúch it is to be finally
adopted to be suspended and further
moved that a Public Hearing be held on
the proposed Ordinance on January 7,
1991 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 Cnuncil Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg- Nays-None.
Communication of Zoning Connnission
advising of their approval to amend the
Julien Dubuque Drive Planned Industrial
District to allow development on part of
parcel "B and D" located north of Julien
Dubuque Drive, presented and read.
Council Member V oetberg moved thet the
commuIÙcation be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
1'"
",r'
602
Regular Session, December 17, 1990
Regular Session, December 17, 1990
603
Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
An Ordinance Providing for the amend-
ment of Ordinance Nn. 17-84 wlúch Or-
dinance established Julien Dubuque Drive
PI Planned Industrial District, presented
and read Council Member Voetberg
moved that tlús be considered the first
reading of the Ordinance and that it be
set for Public Hearing on January 7, 1991
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
Nicholson- Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of City Manager sub-
mitting documents initiating the bidding
process for the remodeling of the
meclumic's washroom!1ocker roomIbreak
room at the Keyline Transit Facility,
presented and read Council Member
Voetberg moved that the communication
be received and filed. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 481-90
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the proposed plans, specifications,
form of contract and estimated cost for
the Rehabilitation of the Washrooml
Locker RoomlBreak Room at the Keyline
Transit Facility, in the estimated amount
of $43,000.00, are hereby approved and
ordered filed in the office of the City Clerk
for public inspection.
Passed, adopted and approved this 17th
day of December, 1990.
James E. Brady,
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
RESOLUTION NO- 482-90
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Keyline Tranait Facility is hereby ordered
to be advertised for bids for construction-
BE IT FURTHER RESOLVED, that
the amount of the aecurity to accompany
each bid shall be in an amount wlúch shall
conform to the provisions of the notice to
bidders hereby approved as a part of the
plans and specifications heretofore
adopted.
That the City Clerk is hereby directed
to advertise for bids for the construction
of the improvements herein provided, to
be published in a newspaper having
general circulation in the City of Dubuqne,
Iowa, wlúch notice shall not be less than
four days nor more than twenty dsys prior
to the receipt of said bids at 2:00 p.m. on
the 8th day of January, 1991. Bids shall
be opened and read by the City Clerk at
said time and will be submitted to the
Council for final action at 7:30 p.m. on the
21st day of January, 1991.
Passed, adopted and approved this 17th
day of December, 1990.
James E. Brady,
Mayor
Whereas, the City Council of the City
of Dubuque, Iowa has given its prelimi-
nary approval on the proposed plans,
specifications, and form of contract and
placed same on file in the office of the
City Clerk for public inspection of the
Rehabilitation of the WashroomiLocker
RoomiBreak Room at the Keyline Tran-
sit Facility.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That on the 21st day of January, 1991,
a public hearing will be held at 7:30 p.m.
in the Public Library Auditorium at which
time interested persons may appear and
be heard for or against the proposed plans
and specifications, form of contract and
cost of said improvement, and the City
Clerk be and is hereby directed to cause
a notice of time and place of such hear-
ing to be published in a newspaper hav-
ing general circulation in the City of
Dubuque, Iowa, wlúch notice shall be not
less than four days nor more tlum twen-
ty days prior to the day fixed for its
consideration. At the hearing, any in-
terested persons may appear and file ob-
jections to the proposed plans, specifica-
tions, contract, or estimated cost of the
improvement.
Passed, adopted and approved this 17th
day of December, 1990.
James E. Brady,
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
11:06 p.m. Council recessed.
11:18 p.m. Council reconvened.
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution and set Hearing
date for January 21, 1991 at 7:30 p.m. in
the Public Library Auditorium and that
the City Clerk publish notice in the man-
ner prescribed by law. Seconded by Coun-
cil Member Pratt. Carried by the follow-
ing vote: Yeas-Mayor Brady, Councii
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
HOUSING CODE APPEALS BOARD:
Two tbree-year terms wlúch will expire
January 11, 1993lterms of J. Hagerty &
C. Adams).
Applicants: John J. Bennett and H.
James (Jim) Gill, Jr.
Council Member Kluesner moved that
James Gill and John Bennett be ap-
pointed to the three year terms wlúch will
expire January 11, 1993. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 483-90
ORDERING BIDS
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Rehabilitation of the Wash-
room/Locker RoomiBreak Room at the
RESOLUTION NO. 484-90
RESOLUTION DETERMINING
AN AREA OF THE CITY TO BE
AN ECONOMIC DEVELOP-
MENT AREA, AND THAT THE
.
'.
REHABILITATION, CONSER-
VATION, REDEVELOPMENT,
DEVELOPMENT, OR A COM-
BINATION THEREOF, OF
SUCH AREA IS NECESSARY
IN THE INTEREST OF THE
PUBLIC HEALTH, SAFETY OR
WELFARE OF THE RESI-
DENTS OF THE CITY: DESIG-
NATING SUCH AREA AS AP-
PROPRIATE FOR AN URBAN
RENEWAL PROJECT; AND
ADOPTING THE AMENDED
AND RESTATED DUBUQUE
INDUSTRIAL CENTER ECO-
NOMIC DEVELOPMENT DIS-
TRICT URBAN RENEWAL
PLAN FOR THE URBAN RE-
NEWAL AREA DESCRIBED
THEREIN
WHEREAS, on May 2, 1988, the City
Council, after public hesring, duly adopted
an Urban Renewal Plan for the Dubuque
Industrial Center Economic Development
DiBtrict Ithe "District"l: and
WHEREAS, the District as so adopted
consisted of the real property then legal-
ly described as follows:
The Northeast one-quarter of the
Southwest one-quarter and Lot 1 of
Lot 1 of the Southeast one-quarter of
Section 29, Township 89 North, Range
2 East, Dubuque Townslúp, Dubuque
County, Iowa and that portion of Rad-
ford Road and the adjoining public
right-of-way: Lot 3-1 of the Dubuque
Industrial Center First Addition; Lot
1-2 of the Dubuque Industrial Center
Sixth Addition and that portion of the
Futuro Court and the adjoining public
right-of-way: Lot 2-2-2 of the Dubuque
Industrial Center Fifth Addition and
that portion of Chavenelle Road and
the adjoining public right-of-way; Lot
1 of the Dubuque Industrial Center
Second Addition and that portion of
Chavenelle Road and the adjoining
public right-of-way: all in the City of
Dubuque, Dubuque County, Iowa.
",""
WHEREAS, it has been proposed that
the boundaries of said District now be ex-
panded to accommodate the need for addi-
tional industrial sites witlúo the City, par-
ticularly for large, relatively flat sites with
rall access, and that the City undertake
additional acquisition and financing
measures intended to facilitate the
development witlúo said District: and
WHEREAS, it has been proposed that
the follnwing real property now be added
to the Qistrict: .
,,:<!'
Lot I of Lot I and Lot 2 of Lot I
604
Regular Session, December 17, 1990
Refllliar Session, December 17, 1990
605
I
I
nf Dubuque Industrial Center First
Addition; Lot 1 Dubuque Industrial
Center Third Addition: Lot 1, Lot 1 of
Lot 2, and Lot 1 of Lot 2 of Lot 2
Dubuque Industrial Center Fifth
Addition; Lot I and Lot 2 of Lot 2
Dubuque Industrial Center Sixth
Addition, all in the City of Dubuque,
Dubuque County, Iowa;
and
The Northwest one-quarter of the
Southwest one-quarter of Section 29,
Townslúp 89 North, Range 2 East;
and, that portion of Lot I of Lot 1 of
the Southwest one-quarter of the
Southwest one-quarter of Section 29,
Townalúp 89 North, Range 2 East, ly-
ing North of the North right-of-way
line of the Clúcago Central Raihnad;
all in the City of Dubuque, Dubuque
County, Iowa
WHEREAS, this Council has
reasonable cause to believe that the ex-
panded area described below satisfies the
eligibility criteria for designation as an
urban renewal area under Iowa law and
has cansad there to be prepared a pro-
posed Amended and Restated Dubuque
Industrial Center Economic Development
District Urban Renewal Plan Ithe "Plan"l
for the area described therein, wlúch pro-
posed Plan is attached hereto as Exlúbit
A: and
WHEREAS, the area witlún the pro-
posed District, as so amended and ex-
panded, would include and consist of the
real property now legally described as
follows:
All of the Dubuque Industrial Center
First, Second, Third, Fourth, Fifth,
Sixth and Seventh Additions and the
adjoining public right-of-way all in the
City of Dubuque, Dubuque County,
Iowa;
and
The Northwest one-quarter of the
Southwest one-quarter of Section 29,
Townslúp 89 North, Range 2 East;
and, that portion of Lot 1 of Lot 1 of
the Southwest one-quarter of the
Southwest one-quarter of Section 29,
Townalúp 89 North, Range 2 East, ly-
ing North of the North right-of-way
line of the Clúcago Central Raihnad;
all in the City of Dubuque, Dubuque
County, Iowa.
WHEREAS, it has been found and
determined by this City Council that the
amended and expanded area descrihed
above is an economic development area,
as defined in Chapter 403, Code of Iowa,
and is suitable for industrial and commer-
cial enterprises, and that the rehabilita-
tion, conservation, redevelopment, devel-
opment, or combination thereof, of such
area is necessary in the interest of the
public health, safety or welfare of the
residents of the City: and
WHEREAS, the Iowa statutes require
the City Council to submit the proposed
Plan to the Planning Commission for
review and recommendation as to its con-
formity with the general plan for develop-
ment of the city as a whole, prior to City
Council approval thereof: and
2. Tlús Council further finda:
a. A feasible method exists for the
location of families who will be displaced
from the Amended and Restated Du-
buque Industrial Center Economic
Development District Urban Renewal
Plan Area into decent, safe and sanitary
dwelling accommodations witlúo their
means and without undue hardslúp to
such families;
b. The Amended and Restated Du-
buque Industrial Center Economic
Development District Urban Renews!
Plan and the Urban Renwal Area describ-
ed therein conform to the general plan of
the City as a whole: and
c. As to those areas of open land in-
cluded witlúo the Urban Renewal Area
designated therein to he acquired by the
City:
WHEREAS, adoption of the proposed
Plan, attached hereto as Exlúbit A, was
approved by the Planning Connnission for
the City on November 14, 1990, as being
in conformity with the general plan for
development of the City as a whole, as
evidenced by its written report and recom-
mendation attached hereto as Exlúbit B,
wlúch report and recommendaton is here-
by accepted, approved in all respects and
incorporated herein by tlús reference: and
WHEREAS, by resolution adopted
November 5, 1990, this Council set a
public hearing on the adoption of the Plan
for its meeting of November 19, 1990 at
7:30 o'clock P.M. in the Auditorium,
Carniege-Stout Public Library, Dubuque,
Iowa and due and proper notice of said
public hearing was given, as provided by
law, by publication in the Tel€graph
Herold 00 November 9,1990, wlúch notice
set forth the time and place for tlús hear-
ing and the nature and purpose thereof:
and
111 With reference to those portions
thereof wlúch are to be developed for
residential uses, this City Council
hereby determines that a shortage of
housing of sound standards and design
with decency, safety and sanitation ex-
ists witlúo the City; that the need for
housing accommodations has been or
will be increased as a result of the
clearance of alums and other areas, in-
cluding other portions of the Urban
Renewal Area; that the conditions of
blight in the area and the shortage of
decent, safe and sanitary hoosing
cause or contribute to an increase in
and spread of disease and crime, and
constitute a menace to the public
health, safety, morals or welfare; and
that the acquisition of the area for
residential uses is an integral part of
and essential to the program of the
City.
(2) With reference to those portions
thereof wlúch are to be developed for
non-residential uses, the City Council
hereby determines that such non-
residential uses are necessary and ap-
propriate to facilitate the proper
growth and development of the City
in accordance with sound planning
standards and local community
objectives.
WHEREAS, in accordance with said
notice, all persons or organizations desir-
ing to be heard on said proposed Plan,
both for and against, have been given an
opportunity to be heard with respect
thereto and due consideration has been
given to all comments and views ex-
pressed to this Council in connection
therewith and said public hearing has
been closed.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
1. That the findinge and conclusions set
forth or contained in the Amended and
Restated Dubuque Industrial Center
Economic Development District Urban
Renewal Plan concerning the area of the
City of Dubuque, Iowa described in the
preamble hereof, be and the same are
hereby ratified and confirmed in all
reapects as the findinge of tlús Council for
this area.
3. That the Urban Renews! Area
described in the Amended and Restated
Dubuque Industrial Center Economic
Development District Urban Renewal
Plan is an economic development area
witlúo the meaning of Iowa Code Section
403.171201: that the Urban Renewal Area
is appropriate for commercial and in-
dustrial enterprises and eligible for an ur-
ban renewal project and otherwise meets
all requisites nnder the provisions of
Chapter 403 of the Code of Iowa, and that
the rehabilitation, conservation, redevel-
opment, development, or a combination
thereof, of such area is necessary in the
interest of the public health, safety or
welfare of the residents of tlus City.
4. That the Amended and Restated
Dubuque Industrial Center Economic
Development District Urban Renews!
Plan, attached hereto as Exlúbit "A" and
incorporated herein by reference, be and
the same is hereby approved and adopted
as the "Amended and Restated Dubuque
Industrial Center Economic Development
District Urban Renewal Plan for the City
of Dubuque, Iowa": is hereby in all
reapects approved; and the City Clerk is
hereby directed to file a certified copy of
said Amended and Restated Plan with the
proceedings of tlús meeting.
5. That the Plan shall be in fnll force and
effect for a period of twenty-five (25) years
from the date of tlús Resolution or until
such time that the City has received fnll
reimbursement from incremental taxes of
its advances and principal and interest
payable on all tax increment financing or
general obligations issued to carry out the
objectives of the Plan for the District, and
said Amended and Restated Dubuque In-
dustrial Center Economic Development
District Urban Renewal Plan shall be
forthwith certified by the City Clerk,
along with a copy of tlús Resolution, to
the Recorder for Dubuque County, Iowa,
to be filed and recorded in tbe manner pro-
vided by law.
Passed, adopted and approved tlús 17th
day of December, 1990.
James E. Brady,
Mayor
~.
,......
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Council Members
Deich, Krieg, Nicholson, Voetberg.
Nays-Mayor Brady, Council Members
Kluesner, Pratt.
Communication of Attorney Thomas
McKay, dated December 14th, concerning
including the McFadden farm in the
Urban Renewal District, presented and
read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Council Members Deich, Krieg,
Nicholson, Voetberg. Nays-Mayor
Brady, Council Members Kluesner, Pratt.
606
Regular Session, December 17, 1990
Regular Session, December 17, 1990
607
RESOLUTION NO. 485-90
RESOLU'l'lON INS'l'lTU'l'lNG
PROC~;~;DINGS '1'0 TAKE
ADDITIONAL ACTION FOR
TIΠISSUANCE OF NOT '1'0
~;XCE~;D $1,500,000 URBAN
RENEWAL TAX INCREMENT
IŒV~;NUE BONDS
WIIEltI-;AH, pursuanL Lo noLice
published us required by law, Uris Coun-
cil has held a public meeting and hearing
upon Lhe proposal t.o insLit.ut.e proceedings
for Lhe issuance of noL Lo exceed
$1,500,000 Urbrun Renewal Tax Incre-
menL Revenue Bonds for Lhe purpose of
paying cosLs of cerLain acquisiLion and
financing activiLies Lo he undert.aken by
Lhe CiLy pursuanL t.o Lhe Amended and
Restat.ed Dubuque IndusLrial Center
~;conomic DevelopmenL DistricL, includ-
ing the acquisition of land and relocation
expenses associated therewith, the con-
struction of commercia! or industrial
buildings t.o he sold or leased in the future
to businesses or industriea, funding the
local matching share for C~;BA, RISE or
other state or federal grants or loans to
businesses or indusLries aod the making
of ioans or grants to industries and busi-
nesses under Chapter 15A of the Iowa
Code, and has considered the extent of ob-
jections received from residents or proper-
ty owners us to said proposed issuance of
Bonds; and accordingly the following ac-
tion is now considered to be in the besL
interests of the City and residents thereof:
NOW, TH~;REFOItE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. ThaL this Council does hereby
institute proceedings and takes additional
action for the sale and issuance in the
manner required by law of not to exceed
$1,500,()()() Urban IWnewal Tax Increment
Revenue Bonds for the foregoing purpose.
Section 2. The Clerk is authorized and
directed to proceed on behalf of the City
with the sale of said Bonds, to select a
date for the sale thereof, to cause to be
prepared such ..,Lice and sale information
as may appear appropriate, to publish and
distribute the same on behalf of the City
and this Council and otherwise to take all
action necessary to permit the sale of said
Bonds on a basis favorable to the City and
acceptable to the Council.
Passed, adopted and approved this 17th
day of December, 1990.
James K Brady,
Mayor
Att.est:
Karen M. Chest.erman
Deputy City Clerk
Council Member VoeLberg movcod udop-
tion of Lhe IWsolution. Seconded by Coun.
cil Member Nicholson. Curricod by Lhc
following vote: Yeas-Council Members
Dcich, Krieg, Nicholson, Voetbcrg.
Nays-May". Brady, Council Members
Kluesner. PratL
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby
consents to the assignment of the Lease
and Agreement as amended by American
Marine of Iowa, In.., to Anderson Marine
of Iowa Inc.. provided Anderson Marine
of Iowa, lac., executes and delivers to the
City an acceptance of such assignment,
agreeing to comply with all of the provi-
sions of the Lease and Agreement as
amended.
An Ordinance Amending Chapter 27,
Human Relations, of the Code of Ordi-
nances, City of Dubuque, Iowa by adop-
ting a new Section 27-27 (91 Permitting the
Receipt of Gifts and Grants: by adopting
a new Section 27-27(101 AuthoCÌ7jng the
Establishment of Suhcomnnttees; by
repealing Section 27-28 Relating to Ad-
ministrative Policies, and adopting a new
Section 27-28 in lieu thereof, by repealing
Section 27-40, relating to the appointment
of the Human Rights Director and adop-
ting new Sections 27-40, 27-41, and 27-42,
the appointment and removal of the
Human Rights Director and Staff, pre-
sented and read.
Roger Maiers, Chairman of the Human
Rights Commission, spoke to the pro-
posed Ordinance amendment. No motion
was made on the Ordinance.
Communication of City Manah'" '"
questing approval of an e..",ih'llmenL of Lhe
Dubuque Marina Inc. lease from Ameri-
can Marine of Iowa, Inc. to Anderson
Murina of lows, Inc.. presenLcod and read.
Council Member Krieg moved Lhut the
communicuLion be rc'Ceived and filed.
Secondcod by Council Member Nicholson.
Curried by the following vote: Yeus-
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Nicholson, Pratt,
VoeLberg. Nays-None-
Section 2. The Mayor is hereby
authorized and directed to execute a Con-
sent to Assignment on behalf of the City
of Dubuque, Iowa, to be delivered to
Anderson Marine of Iowa, Inc., upon
receipt of the acceptance by Anderson
Marine of Iowa, Inc., of the Assignment.
Section 3. The City Clerk is hereby
authorized and directed to record a cer-
tified copy of tlús Resolution in the office
of the City Assessor, Dubuque County
Recorder and Dubuque County Treasurer.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Communication of City Manager re-
questing approval of funds not to exceed
$30,000 for Sensitivity Training and
Human Relations Conference, presented
and read. Council Member Pratt moved
that the communication be received and
filed and approved request. Seconded by
Council Member Deich. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich. Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Verbal petition of Council Member
Voetberg to discnss proposed Highway 20
Improvement in ares of new Hardee's and
Dodge House Mo~tel Council Member
Pratt moved to ask Mr. Murray to con-
tact the DOT for clarification of where tbe
curb cut is and express Council's concerns,
dismay and opposition at any curb cuts
on Dodge St. Seconded by Council Mem-
ber Kluesner. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Kluesner, Krieg, Nicholson,
Pratt, Voetberg. Nays-None.
,.".
RESOLUTION NO. 486-90
RESOLUTION APPROVINU (W
ASSIUNMENT OF L~;ASE AND
AUIŒ~;MENT BY AMERICAN
MARINE OF IOWA, INC.. '1'0
ANDERSON MAltlN~; OF
IOWA, INC.
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
Communication of City Manager recom-
mending Fire Department be allowed to
advertise 1948 Reserve Ladder Truck for
sale and agreements with Dubnque Pre-
servation Trust he canceled, presented
and read. Conncil Member Pratt moved
that the communication be received and
filed and authorized City Manager to
cancel that agreement if it becomes
necessary. Seconded by Council Member
Kluesner- Carried by the following vote:
y...-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Naya-None.
An Ordinance Amending Zoning Or-
dinance by reclassifying property located
at 2010, 2030 and 2040 Mullen Road from
R-1 Single-Family Residential District to
,~' ,
WIŒIŒAS, the CiLy of Dubuque,
Iowa, and Dubuque Marina, Inc.. entered
into a Lease and Agrc'CmenL dated Octo-
ber 29, 1956, which Lease and Ab.....menL
has been amended by amendments of Oc-
tober 26,1956, December 25,1957, June
11, 1973, and October 3, 1988; and
WIŒltEAS, on Ocu)ber 3, 1988, Du-
buque Marina, Inc.. wiLh the consent of
the CiLy of Dubuque, assigned all of iLs
interest in the Lease and AgreemenL as
amended to American Marine of Iowa,
Inc.; and
Communication of Dubuque Human
Rights Commission Chairman requesting
adoption of proposed changes to Chapter
27 of the City Code relating to reporting
reaponsibilities of the position of Human
Rights Director and other policies; Com-
munication of City Manager providing
comments and recommendations regard-
ing various amendments to the Human
Relations Ordinance proposed by the
Human Rights Connnission; Communica-
tion of James M. Heckmann submitting
comments and concerns on the proposed
restructuring of reporting requirements
and lúring responsibilities for the Office
of the Human Rights Director, presented
and read. Council Member Krieg moved
that the communications be received and
filed. Seconded by Council Member Pratt.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Nicholson, Pratt, Voet-
berg. Nays-None.
WIIEIŒAS, American Marine of lows,
Inc., now desires u) assign its int.eresL in
the Lease and Agreement as amended to
Anderson Marine of Iowa, Inc., a copy of
which proposed Assignment is attached
hereto; and
WHEREAS, the Lease and Agreement
as amended provides for such assignment,
with the prior writt.en approval of the City
of Dubuque, and
WHEREAS, the City Council of the
City of Dubuque hUB determined that the
interests of the City of Dubuqne will he
fully protected and that the assignment
should be approved.
608
Regular Session, December 17, 1990
Herald this 26th day of December, 1991.
Regular Session, December 17, 1990
609
R-2 Two-Family Residential District, said
Ordinance having been read at the Coun-
cil Meetings of October 15th and
November 19th, presented. Council
Member Kluesner moved that the Or-
dinance be removed from the table.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 94-90
AN ORDINANCE OF THE CITY
OF DUBUQUE,IOWA PROVID-
ING THAT THE CODE OF OR-
DINANCES, CITY OF DU-
BUQUE, lOW A, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNING ORDINANCE OF
THE CITY OF DUBUQUE,
IOWA, BY RECLASSIFYING
HEREINAFTER DESCRIBED
PROPERTY WCATED AT 2010,
2030, AND 2040 MULLEN
ROAD FROM R-1 SINGLE-
FAMILY RESIDENTIAL DIS-
TRICT TO R-2 TWO-FAMILY
RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectinn 1. The Code of Ordinances 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 herainafter
described property from R-1 Single-
Family Residential District, to R-2 Two-
Family Residential District, to wit:
Lot 20, 21, 22, and 23 of Hillcrest
Subdivision No.2, in the City of
Dubuque and extending to the
center line of the abutting public
right-of-way.
Section 2. That the foregoing amend-
ment has heretofore been reviewed by tbe
Zoning Connnission of the City of Du-
buque, Iowa.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Published officially in the Tekgraph
Karen M. Chesterman
Deputy City Clerk
It 12/26
Zoning Connnission of the City of Du-
buque, Iowa
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
An Ordinance Amending Zoning Or-
dinance by enacting a new Section
3-3.IID51 to allow a Hobby Shop as a Con-
ditional Use in a (;.1 Neighborhood Com-
mercial District, said Ordinance having
been presented and read at the Council
Meetings of October 15th and November
19th, presented. Council Member Klues-
ner moved that the Ordinance be removed
from the table. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Kluesner, Krieg, Pratt,
Voetberg. Nays-Council Member
Nicholson.
Attest:
Karen M- Chesterman
Deputy City Clerk
Published officially in the Tekgraph
Herald newspaper this 26th day of
December, 1991.
Karen M. Chesterman
Deputy City Clerk
It 12/26
Council Member Kluesner moved final
adoption of the Ordinance. Seconded by
Council Member Pratt. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Pratt, Voetberg- Nays-Council Member
Nicholson.
Communication of City Manager re-
questing authorization for execution of a
Community Economic Betterment Ac-
count ICEBA) Forgivable Loan Agree-
ment for the sum of $300,000 between the
City of Dubuque and the Iowa Dept. of
Economic Development IIDEDI and
Nordatrom, Inc.. presented and read-
Council Member Pratt moved that the
communication be received and filed.
Seconded by Council Member Nicholson-
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 95-90
AN ORDINANCE OF THE CITY
OF DUBUQUE, IOWA PRO-
VIDING THAT THE CODE OF
ORDINANCES, CITY OF DU-
BUQUE, IOWA, BE AMENDED
BY REVISING APPENDIX A
THEREOF, ALSO KNOWN AS
THE WNING ORDINANCE OF
THE CITY OF DUBUQUE,
IOWA BY ENACTING A NEW
SECTION 3-3.IID51 TO ALWW
A HOBBY SHOP AS A CONDI-
TIONAL USE IN A C-1
NEIGHBORHOOD COMMER-
CIAL DISTRICT.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amended
by enacting a new Section 3-3.1ID5) in the
(;,1 Neighborhood Commercial District as
follows:
3-3.1(D5) Hobby Shop
With a maxllnum of 500 square feet
in gross floor area provided that:
al The parking group requirements
can be met [17]
b) The hours of operation shall be
limited from 9:00 a.m. to 6:00 p.m.
seven days per week.
Section 2. That the foregoing amend-
ment has heretofore been reviewed by the
RESOLUTION NO. 487-90
A RESOLUTION AUTHORIZ-
ING THE EXECUTION OF A
COMMUNITY ECONOMIC
BETTERMENT ACCOUNT
FORGIVABLE LOAN AGREE-
MENT WITH THE lOW A DE-
PARTMENT OF ECONOMIC
DEVEWPMENT AND NORD-
STROM, INC.
WHEREAS, the Community Economic
Bettermeot Account ICEBA) program has
been created by the Iowa Department of
Economic Development to assist in the
economic development efforts of local
jurisdictions: and
WHEREAS, the City of Dubuque,
Iowa has been awarded a three hundred
thousand dollar ($300,0001 forgivable loan
from the Community Economic Better-
ment Account program by the Iowa
f" I
Department of Economic Development;
and
WHEREAS, the City of Dubuque,
Iowa desires to assist Nordstrom, Inc. in
its efforts to develop a midwest distribu-
tion and processing facility in the Du-
buque Industrial Center, and to create per-
manent employment opportunities for its
citizens; and
WHEREAS, a Forgivable Loan Agree-
ment is to be executed between the Iowa
Department of Economic Development,
Nordstrom, Inc. and the City of Dubuque,
Iowa, a form of wlúch is hereto attached
and by tlús reference made a part hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor and City
Clerk be and they are hereby authorized
and directed to endorse the acceptance of
the City of Dubuque, Iowa upon the
Forgivable Loan Agreement, a form of
wlúch is hereto attached.
Section 2. That the City Manager be
and he is hereby authorized to disburse
grant funds to Nordatrom, Inc. from the
Community Economic Betterment Ac-
count Program, in accordance with the
terms and conditions of the Forgivable
Loan Agreement, a form of wlúch is
hereto attached.
Passed, approved and adopted t!ús 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Pratt moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
Communication of City Manager re-
questing approval of a Resolution to ac-
quire real estate located at 560 West 8th
St.. presented and read. Council Member
Voetberg moved that the commumcation
be received and filed. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO- 488-90
A RESOLUTION APPROVING
610
Regular Session, December 17, 1990
Regular Session, December 17, 1990
611
THE ACQUISITION OF REAL
ESTATE ON WEST EIGHTH
STREET, IN THE CITY OF
DUBUQUE
WHEREAS, the City of Dubuque has
a secured interest in the property at 560
West 8th Street: and
WHEREAS, tlús interest is subor-
dinate to a Lender's interest wlúch will
otherwise be lost due to a legal action to
foreclose.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque
hereby approves the acquisition of the
following legally descrihed property:
Lot Fifty.()ne (51) in Coriell's
Dubuque, in the City of Dubuque,
Iowa, according to the recorded
plat thereof
at the cost of approximately Sixteen
Thousand, Six Hundred-Fifteen Dollars
1$16,615.00).
Section 2. That the City Manager be
and he is hereby authorised and directed
to accept a Quit Claim Deed from the
owner, conveying the owner'a interest to
the City of Dubuque, Iowa for the herein
described real estate.
Section 3. That the City Clerk be and
she is hereby authorized and directed to
cause said Quit Claim Deed to be record-
ed in the Office of the Dubuque County
Recorder, together with certified copy of
tlús Resolution.
Section 4. That the City Clerk be and
she is hereby directed to forward a copy
of tlús Resolution to the Dubuque Coun-
ty Assessor and the Dubuque County
Auditor.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M- Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
An Ordinance Vaeating a 64 foot wide
portion of Jones Street known as Lot A
west 100 feet of Block 3 of Dubuque Har-
bor Company's Addition said Ordinance
having been presented and reed at the
Council Meetings of November 5th and
19th, presented for final action.
Karen M. Chesterman
Deputy City Clerk
It 12/26
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Nicholson. Carried by the
following vnte: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
(OFFICIAL PUBLICATION)
ORDINANCE NO.!!6-90
ORDINANCE VACATING A
PORTION OF 64 FOOT WIDE
JONES STREET
RESOLUTION NO. 489-90
WHEREAS, pursuant to resolution
and published notice of time and place of
hearing in the Telegraph Herald, a
newapaper of general circulation published
in the City of Dubuque, Iowa on the 9th
day of November, 1990, the City Council
of the City of Dubuqne, Iowa met on the
17th day of December, 1990, at 7:30 p.m.
in the Public Library Anditorium, 11th
and Locust, Dubuque County, Iowa to
consider the proposal for the sale of real
estate descrihed as:
WHEREAS, the Clúcago Central and
Pacific Rallroad Company has requested
the vacating of a portion of Jones Street:
and
WHEREAS, the Clúcago Central and
Pacific Railroad Company has submitted
to the City Council a plat showing the
vacated portion of Jones Street and
assigned a lot number thereof, wlúch
hereinafter shall be known and described
as Lot A west 100 feet of Block 3 of Du-
buque Harbor Company's Addition in the
City of Dubuque, Dubuque Couty, Iowa;
and
Lot A of the west 100 feet of Block 3
of Dubuque Harbor Company's Addi-
tion in the City of Dubuque, Iowa to
Clúcago Central and Pacific Railroad
Company
WHEREAS, the City Council of the
City of Dubuque, Iowa overruled any and
all objections, oral or written, to the pro-
posal to dispose of interest of the City of
Dubuque, Iowa in the hereinabove de-
scribed real estate to Clúcago Central and
Pacific Railroad Company.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the in-
terest of the City of Dubuque, Dubuque
County, Iowa in real property described
as Lot A of the west 100 feet of Block 3
of Dubuque Harbor Company's Addition
in the City of Dubuque, Iowa to Clúcago
Central and Pacific Railroad Company be
and the same is hereby approved for the
sum of $1.00; conveyance shall be made
by Quit Claim Deed.
WHEREAS, the City Council of the
City of Dubuque, Iowa has determined
that tlús portion of Jones Street is no
longer required for public use and
vacating of said portion of Jones Street
known as Lot A of west 100 feet of Block
3 of Dubuque Harbor Company's Addi-
tion in the City of Dubuque, Dubuque
County, Iowa, should be approved.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate described
as Lot A of west 100 feet of Block 3 of
Dubuque Harbor Company's Addition in
the City of Dubuque, Iowa be and the
same is hereby vacated-
Section 2. That the City reserves unto
itself a perpetual easement including the
right of ingress and egress thereto, for the
purpose of erecting, installing, construc-
ting, reconstructing, repairing, owning,
operating, and maintaining existing
utilities on said vacated Jones Street.
Section 2. That the Mayor be authorized
and directed to execute a Quit Claim
Deed, and the City Clerk be and is hereby
authorized and directed to deliver said
deed of conveyance to the above named
grantee upon receipt of the purchase price
in full.
Section 3- That the City Clerk be and
is hereby authorized and directed to
record a certified copy of tlús Resolution
in the Office of the City Assessor, Du-
buque County Recorder and the Dubuque
County Treasurer.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper tlús 26th day of
December, 1991.
f',
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
An Ordinance Amending the Code of
Ordinances of the City of Dubuque by
modifying Subsection Ibl of Section 32-214
thereof providing for the removal of the
Stop Sign for Northbound Velúcles on
Radford Road at Chavenelle Road, said
Ordinance having been presented and read
at the Council Meetings of November 5th
and 19th, presented for final action.
(OFFICIAL PUBLICATIONI
ORDINANCE NO. 97-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
lOW A BY MODIFYING SUB-
SECTION Ibl OF SECTION
32-214 THEREOF PROVIDING
FOR THE REMOVAL OF THE
STOP SIGN FOR NORTH-
BOUND VEHICLES ON RAD-
FORD ROAD AT CHAVE-
NELLE ROAD
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amended
by deleting Chavenelle Road from Subsec-
tion (b) of Section 32-214 thereof as
follows:
"See. 32-214. Stop Intersections.
Ib)
,."
NORTHBOUND AND SOUTHBOUND
Radford Road and Chavenelle Road."
Section 2. That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by adding the following streets to
Subsection (bl of Section 32-214 thereof
as follows:
"See. 32-213. Stop Intersections-
612
Reg,ular Session, December 17, 1990
Regular Session, December 17, 1990
613
Ibl
SOUTHBOUND
Radford Road and Chavenelle Road."
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper tlús 26th day of
February, 1991.
Karen M. Chesterman
Deputy City Clerk It 12/26
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
An Ordinance No. 98-90 Amending
Code of Ordinances of the City of Du-
buque by revising Section 32-336 thereof
providing for tbe change in designation of
the Meter District from Ten Hour Meters
to one hour meters on the South side of
Sixth Street betwæn Central Avenue and
Wlúte Street, said Ordinance having been
presented and read at the Council Meet-
ings of November 5th and 19th, presented
for final action.
(OFFICIAL PUBLICATION)
ORDINANCE NO- 98-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA, BY REVISING SEC-
TION 32-336 THEREOF PRO-
VIDING FOR THE CHANGE IN
DESIGNATION OF THE ME-
TER DISTRICT FROM TEN
HOUR METERS TO ONE
HOUR METERS ON THE
SOUTH SIDE OF SIXTH
STREET
NOW, THEREFORE, BE IT O~
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by deleting Sixth Street in Parking
Meter District C in Section 32-336 thereof
as follows:
"See. 32-336. Districts.
Section 1- That the Code of Ordinances
nf the City of Dubuque, Iowa be amend-
ed by adding the following intersections
to Subsectinn Ibl of Section 32-214 thereof
as fnllnws:
Parking Meter District C
Sixth Street, both sides, between Cen-
tral Avenue and Wlúte Street."
Section 2. That the Code of Ordinances
of the City of Dubuque, Iowa, be amend-
ed by adding Sixth Stræt in Parking
Meter District A in Section 32-336 thereof
as follows:
"See. 32-214. Stop Intersections.
(bl
EASTBOUND AND WESTBOUND
Lowell Street and Foye Street-
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
"Sec. 32-336. Districts.
Parking Meter District A
Sixth Street, south side, between Cen-
tral Avenue and Wlúte Street
Parking Meter District C
Sixth Stræt, north side, between Cen-
tral Avenue and Wlúte Street."
Passed, approved and adopted this 17th
day of December, 1990-
James E. Brady
Mayor
Published officially in the Telegraph
Herald newspaper tlús 26th day of
December, 1990.
Karen M. Chesterman
Deputy City Clerk It 12/26
Council Member Voetberg moved that
the requirement that a proposed Or-
dinance be considered and voted on for
passage at two Council Meetings prior to
the meeting at wlúch it is to be finally
adopted be dispensed with and fnrther
moved final adoption of the Ordinance-
Seconded by Council Member Pratt. Car-
ried by the following vote: Y eas- Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
Communication of City Manager sub-
mitting Ordinance providing for the in-
stallation of a stop sign at the intersec-
tion of Davis A venue and Sheridan Road
in response to a petition, presented and
read. Council Member Kluesner moved
that the communication be received and
field. Seconded by Council Member
Nicholson- Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved final
adoption of the Ordinance. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
An Ordinance Amending Code of Or-
dinances by modifying Subsection Ibl of
Section 32-214 thereof providing for the
addition of Stop Signs at the intersection
of Lowell Street and Foye Street, said Or-
dinance having been presented and read
at the Council Meeting of November 19th,
presented for further action.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 99-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
lOW A BY MODIFYING SUB-
SECTION (bl OF SECTION
32-214 THEREOF PROVIDING
FOR THE ADDITION OF STOP
SIGNS AT THE INTERSEC-
TION OF LOWELL STREET
AND FOYE STREET
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
An Ordinance Amending the City Code
by modifying Subsection Ibl of Section
32-214 thereof providing for the addition
of Stop Signs at the intersection of Davis
A venue and Sheridan Road, presented
and read.
(OFFICIAL PUBLICATIONI
ORDINANCE NO. 106-90
AN ORDINANCE AMENDING
THE CODE OF ORDINANCES
OF THE CITY OF DUBUQUE,
IOWA BY MODIFYING SUB-
SECTION (b) OF SECTION
32-21~ THEREOF PROVIDING
FOR THE ADDITION OF STOP
SIGNS AT 'IlHE INTERSEC-
TION OF DAVIS AVENUE
AND SHERIDAN ROAD
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Code of Ordinances
of the City of Dubuque, Iowa be amend-
ed by adding the following intersections
to Subsection (bl of Section 32-214 thereof
as follows:
"See. 32-214. Stop Intersections.
(bl
EASTBOUND
Davis Avenue and Sheridan Road."
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Published officially in the Telegraph
Herald newspaper tlús 26th day of
December, 1990.
Karen M. Chesterman
Deputy City Clerk
It 12/26
Council Member Kluesner moved that
tlús be considered the first reading of the
Ordinance and that the requirement that
a proposed Ordinance be considered and
voted on for passage at two Council
Meetings prior to the meeting at wlúch it
is to be finally adopted be suspended and
further moved final adoption of the Or-
dinance. Seconded by Council Member
Nicholson. Carried by the following vnte:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg- Nays-None.
Communication of City Manager sub-
mitting documents and requesting
authorization to acquire three properties
in Birch Acres Subdivision associated
with reconstruction of Fremont Avenue
Bridge, presented and read. Council
Member Krieg moved that the com-
munication be received and filed. Second-
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
I
614
Regular Session, December 17, 1990
Regular Session, December 17, 1990
615
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 490-90
RESOLUTION AUTHORIZING
THE ACQUISITION OF LOTS 5,
6, AND 7 IN BLOCK 9 OF
BIRCH ACRES SUBDIVISION
FROM TSCHIGGFRIE EXCA-
VATING COMPANY
WHEREAS, the Fiscal Year 1992 and
1993 Capital Improvement Program in-
cludes a project for the replacement of the
existing Fremont Avenue Bridge over
Catfish Creek, located between Simpson
Street and Kelly Lane: and
WHEREAS, replacement of the ex-
isting bridge and elimination of the "at
grede" raihnad crossing would significant-
ly improve the safety of tlús segment of
roadway; and
WHEREAS, Tsclúggfrie Excavating
Company is owner of Lots 5, 6, and 7 in
Block 9 of Bireh Acres Sobdivision. which
are currently on the market for sale: and
WHEREAS, it is in the best interest of
the City to acquire said lots which would
be needed as right-of-way for the aIore-
mentioned project at the present time as
an advance right-of-way acquisition.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City Manager is
hereby authorized to negotiate and pur-
chasè Lots 5, 6, and 7 in Block 9 of Bireh
Acres Subdivision in the City of Dubuque,
Iowa as an advance right-of-way acquisi-
tion for the Fremont Avenue Bridge
Replacement Project.
Passed, approved and adopted this 17th
day of December, 1990-
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Krieg moved adoption
of the Resolution. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Appointment to Convention & Visitors
Buresu - Council Member Pratt moved
that Council Member Kathryn Krieg be
appointed to Dubuque Area Chamber of
Commerce's Convention and Visitor's
Bureau. Seconded by Council Member
Voetberg. Carried by the following vote:
Yess-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
CLASS "C" BEER PERMIT
Angel Investment Co.
Caseys General Store
2699 Rockdale Rd. lalso Sunday Salesl
Pasæd, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
RESOLUTION NO. 491-90
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Kluesner, Krieg, Nicholson,
Pratt, Voetberg. Nays-None.
That the following having complied
with the provisions of law relating to the
sale of Cigarettes witlúo the City of Du-
buque, Iowa, be granted a permit to sell
Cigarettes and Cigarette Papers witlúo
said City.
Douna Roling & Gary Pfeiler
Donna's Dip Tap, My-Cap
1689 Ehn Street
RESOLUTION NO. 493-90
WHEREAS, applications for Liquor
Licenses have been submitted to tlús
Council for approval and the same have
been examined and approved: and
Marie Dingbaum, Bierstub,
My-Cap, 1301 Rhomberg Ave.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
WHEREAS, the premises to be oc-
cupied 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 RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Memher Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
That the Manager be authorized to
cause to be issued the following named ap-
plicants a Liquor License.
RESOLUTION NO. 492-90
WHEREAS, Applications for Beer Per-
mits have been submitted and filed to this
Council for approval and the same have
been examined and approved: and
CLASS "B" (HOTEL MOTEL) BEER
AND LIQUOR LICENSE
Design Center, Inc., Julien Inn
200 Main St. (also Sunday Salesl
CLASS "C" (COMMERCIALI BEER
AND LIQUOR LICENSE
WHEREAS, The premises to be oc-
cupied by such applicants were inspected
and found to comply with the Ordinances
of tlús City and have filed proper bonds;
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of the City
of Dubuque, Iowa that the Manager be
authorized to cause to be issued the
following named applicants a Beer Permit.
CLASS "B" BEER PERMIT
Lenny's Avenue Top, Inc.
Lenny's Avenne Tops, 1080 University
Billy Bucks, Inc., Billy Bucks
521 E. 22nd St. (also Sunday Sales)
David H. Hoffman, Wlúte House Tap
450 West Locust
Kachevas, Inc., Demetris Restaurant
665 Dodge St. (also Sunday Salesl
T & MIne.. Mario's Itallan Restaurant
1298 Main St. (also Sunday Sales)
Local 94, UAW
3450 Central Ave. lalso Sunday Salesl
Plú Nguyen
Lung Fung Clúoese Restaurant
1281 Dodge St. (also Sunday Sales)
Moracco, Inc.. The Moracco
1413 Rockdale Rd. (also Sunday Salesl
Sandy Zirkelbach, The A & B Tap
2600 Central Ave.
David A. Ungs, Copper Kettle
2987 Jackson St. (also Sunday Salesl
Jude Brashaw, Instant Replay
1602 Central Ave. (also Sunday Salesl
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bera Deich, Kluesner, Krieg, Nicholson,
Pratt. Voetberg. Nays-None.
RESOLUTION NO. 4!/4-90
WHEREAS, applications for Liquor
Licenses have been submitted to tlús
Council for approval and the same have
been examined and approved; and
WHEREAS, the premises to be oc-
cupied 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 RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the Manager be authorized to
cause to be issued the following named ap-
plicants a Liquor License.
CLASS "C" (COMMERCIAL) BEER
AND LIQUOR LICENSE
Jeff Demmer, Bodine's
1445 Central Ave. lalso Sunday Salesl
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Deich moved adoption
of the Resolution. Seconded by Council
Member Pratt. Carried by the following
vote: Yeas-Mayor Brady, Council Mem-
bers Deich, Kluesner, Krieg, Nicholaon,
Pratt, Voetberg. Nays-None.
Communication of City Manager pro-
viding information relative to requested
616
Regular Session, December 17, 1990
Regular Session, December 17, 1990
617
issuance of Class "C" Liquor Liosnse to
Dennis Zirkelbach dba Kennel Club and
requesting denial of same, presented and
read. Council Member Deich moved that
the communication be received and filed.
Seconded by Council Member Pratt. Car-
ried by the following vote: Yeas-Mayor
Brady, Council Members Deich, Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
A Resolution Granting issuance of
Class "C" Beer & Liquor License to Den-
nis Zirkelbach, dba Kennel Club, 1096
Jackson, verbally withdrawn by applicant.
MINUTES SUBMITTED - Airport
Commission of 11-13; Board of Appeals
of 11-15; Cable Commonity Teleprogram-
ming Commission of 12-4: Cable TV
Regulatory Commission of 11-14; Five
Flags Commiesion of 11-19; Handicapped
Committee of 11-27: Historic Preservation
Commission of 11-28; Human Rights
Connnission of 10-8 & 11-19; Park &
Recreation Commission of 11-13: Zoning
Board of Adjustment of 10-15 & 11-2,
presented and read. Council Member
Voetberg moved that the minutes be
received and filed. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
REFUNDS REQUESTED - Paradise
Lounge $50.00 on unexpired Cigarette
Liosnse; Mark Perlewitz, $50.00 on unex-
pired Cigarette License, presented and
read. Council Member Voetberg moved
that the refunds be approved and Finance
Director to issue proper checks. Second-
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor
Brady, Couocil Members Deich, Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
NOTICES OF CLAIMS/SUITS - Rita
Buelow in amount of $107.88 for tire
damages; Attorney Joseph Bitter, on
behalf of Joseph E. Bussan in the amount
of $20,000.00 for false arrest ere.: At-
torney Joseph Bitter on behalf of Julie
Davis in amount of $50,000. for personal
injuries: Martha Farber in unknown
amount for personal injuries; Tammy
Gantenbein in amount of $99.52 for car
damages; Louis Green in unknown
amount for personal injuries; Harvest
Savings Bank VB. Sylvia Dunkel and City
of Dubuque submitting Notices of Sher-
iff's Levy and Sale: Karen Osterberger in
the amount of $173.65 for vehicle dam-
ages: John Plein for Amy Plain, a minor,
in the amount of $54.00 for personal in-
juries; Herrig & Herrig Insurance on
behalf of their insured, Barbara J. Ties,
in unknown amount for car damages;
Phillip Flynn, in unknown amount for per-
sonal injuries: Erika M. Sun in unknown
amount for personal injuries; Larry R.
Kurt on behalf of Criscilla Whiting in
unknown :nnount for personal injuries; E.
David Wright Atwrney on behalf of and
Darren J. McCarthy in unknown amount
for personal injuries; K David Wright At-
torney on behalf of and Dennis M. McCar-
thy in unknown amount for personal in-
juries: E. David Wright on behalf of Jody
L. Voels in unknown amount for personal
injuries, presented and read. Council
Member Voetberg moved that the claims
and snits be referred to Legal Staff for in-
vestigation and report. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 496-90
A RESOLUTION AUTHORIZ-
ING THE MAYOR TO EXE-
CUTE A CONTRACT WITH
THE STATE OF IOWA DE-
PARTMENT OF ECONOMIC
DEVELOPMENT FOR THE
STATE RENTAL REHABILI-
TATION PROGRAM.
WHEREAS, the City of Dubuque made
application to the State of Iowa for par-
ticipation in the Department of Economic
Development Rental Rehabilitation pro-
gram; and
WHEREAS, the State of Iowa has
awarded tbe City a grant of $176,650: and
WHEREAS, the State of Iowa has of-
fered a contract to the City of Dubuque
to administer tlús award.
Commonication of Corporation Counsel
recommending settlement of car damage
claim of Jesne Vander Berg in the amount
of $129.04, presented and read. Council
Member Voetberg moved that the settle-
ment be approved and directed Finanos
Director to issue proper check. Seconded
by Council Member Nicholson. Carried by
the following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1- That the Mayor is authorized
and directed to execute contract
numbered R-90-SG-19-0101.
Section 2. That the City Manager is
bereby authorized and directed to forward
said executed contract and any ntber sup-
porting documents in accordance with in-
structions from the State of Iowa Depart-
ment of Economic Development.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Communications of Cocporation
Counsel recommending denial of car
damage claim of Dennis Tlúbadeau and
edvising of referral of clabns to Iowa Com-
munity Assurance Pool for violation of
civil rights of Laura Chapman: personal
injury claim of Kenneth Mills: personal
injury claim of Albert W. Weber, Jr.,
presented and read. Council Member
Voetberg moved that the commonications
be received and filed and denials ap-
proved. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
Commonication of City Manager recom-
mending execution of a contract with the
Iowa Department of Economic Develop-
ment for a Rental Rehabilitation Program
Grant Award in the amount of $176,650,
presented and read. Cnuncil Member
Voetberg moved that the commonication
be received and filed. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg- Nays-None.
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Commonication of City Manager re-
questing approval of a Funding Agree-
ment between Dubuque Housing Initia-
tive, Inc., and tbe City of Dubuque for ser-
vices to be rendered to the citizens of
Dubuque during Fiscal Year 1991, pre-
sented and read Council Member Voet-
berg moved that the communication be
received and filed. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None-
RESOLUTION NO- 496-90
A RESOLUTION APPROVING
A FUNDING AGREEMENT
BETWEEN THE CITY OF
DUBUQUE AND DUBUQUE
HOUSING INITIATIVE AND
AUTHORIZING AND DIREC-
TING THE CITY MANAGER
TO EXECUTE SAID AGREE-
MENT ON BEHALF OF THE
CITY OF DUBUQUE, IOWA.
WHEREAS, the City of Dubnque, has
negotiated with the Dubuque Housing In-
itiative to provide additional housing
wlúch will assist the City of Dnbuque in
meeting the needs of low and moderate in-
come persons: and
WHEREAS, the terms and conditions
under wlúch Dubuque Housing Initiative
will be funded for providing the above-
described services are set forth in the
Funding Agreement, a copy of wlúch
Agreement is hereto attached and by tlús
referenos made a part hereof.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section I. That the attached Funding
Agreement by and between the City of
Dubuque, Iowa and Dubuque Housing in-
itiative be and the same is hereby
approved.
Section 2. That the City Manager be
and he is hereby authorized and directed
to execute said Agreement for and on
behalf of the City of Dubuque.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Commonication of the City Manager re-
questing approval of Mayor's execution
of an Annnal Contributinns Contract, with
the U.S. Dept. of Housing and Urban
Development (HUDI, for a Moderate
Rehab Program Funding Award, in the
amount of $35,172, presented and read.
Council Member Voetberg moved that the
commonication be received and filed.
Seconded by Council Member Nicholson.
I!::
618
Regular Session, December 17, 1990
Regular Session, December 17, 1990
619
.:1
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 491-90
A RESOLUTION AUTHOR-
IZING EXECUTION OF AN
ANNUAL CONTRIBUTIONS
CONTRACT AND GENERAL
DEPOSITARY AGREEMENT
FOR SECTION 8 MODERATE
REHABILITATION SINGLE
ROOM OCCUPANCY PRO-
GRAM NO. IA05-K087-007
WHEREAS, the City Council author-
ized an application to the U.S. Depart-
ment of Housing and Urban Development
(HUD), in July, 1990, for funding for
Moderate Rehabilitation Single Room Oc-
cupancy Program units: and
WHEREAS, the Department has ap-
proved the application, in the amount of
$35,772 Annual Contributions Authority
and $357,720 Budget authority; and
WHEREAS, the Department requires
execution of an Annual Contributions
Contract and a General Depositary Agree-
ment with respect to tlús funding award.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute an Annual
Contributions Contract, with the U.S.
Dapartment of Housing and Urban Devel-
opment, for Project No. IA05-K087'()()7,
under Master Annual Contributions Con-
tract No. KC-9004E, on behalf of the City
of Dubuque.
Section 2. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute a General
Depositary Agreement, with American
Trust and Ssvings Bank, for Project No.
IA05-K087-007.
Section 3. Tlùs resolution shall take ef-
fect immedintely-
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by
-'-
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager re-
questing to publish Request of Funds for
Certain Community Development Block
Grant projects, presen~-d and ,ead. Coun-
cil Memher Voetbe'g moved that the
communication be received and filed.
Seconded by Council Member Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
WHEREAS, pursuant to Resolution No.
21()'78, adopted June 19, 1978, public
notice of a "Finding of No Significant Ef-
fect on the Environment" for the above
project was published June 20, 1978, in
the Dubuque Telegraph Herald and pro-
vided for a public comment period until
12:00 noon, Friday, July 7, 1976, and
notice of opportunity to review the pro-
ject was published on November 28, 1990,
in the Dubuque Tekgroph Herald and pr0-
vided for a public comment period until
12:00 noon, January 4, 1991: and
WHEREAS, the City of Dnbuque con-
vened an ad hoc cnmmittee on July 30,
1982, wlúch completed an environmental
assesaroent of tbe following projects to be
funded in the Community Development
Block Grant:
RESOLUTION NO. 498-90
A RESOLUTION AUTHOIUZ-
ING SUBMISSION OF A RE-
QUEST FOR RELEASE OF
FUNDS FOR CERTAIN COM-
MUNITY DEVELOPMENT
BWCK GRANT PROJECTS
WHEREAS, the City of Dubuque con-
vened an ad hoc committee on June 23,
i976, which completed an envi,onmental
assessment of the following projects to be
funded in the Community Development
Block Grant:
Economic Development Activities
CommerciallIndustrial Loan
Participation: and
WHEREAS, pursuant to Resolution
No. 203-82, adopted August 2, 1982,
public notice of a "Finding of No Signifi-
cant Effect on the Environment" for the
above projects was published August 4,
1982, in the Dubnque Tekg,aph Herold
and provided for a public comment period
untHI2:00 noon. Friday, August 21, 1982,
and notice of opportunity to review the
projects was published on November 23,
1990, in the Dubuque Tekgraph Herold
and provided for a public comment period
untHI2:00 noon. January 4, 1991: and
WHEREAS, pnblic notice of a "Find-
ing of No Significant Effect on the En-
vironment" for the projects was sent by
regular mall to various federal, state and
local public agencies and to the local news
media, individuals and groups known to
be interested and believed to be ap-
propriate to receive such a public notice;
and
Residential Rehabilit.ation Loan
Program
Rental Rehabilitation Program
Tool Lending Library sponsored by
Waslùngton Tool Library, Inc., a
nonprofit corporation
Property Acquisition/Relocation/
Demolition Projects; and
WHEREAS, pursuant to Resolution
No. 240-76, adopted July 6, 1976, public
notice of a "Finding of No Significant Ef-
fect on the Environment" for the above
projects was published July 7,1976, in the
Dubuque Telegroph Herold and provided
for a public comment period until 12:00
noon, Friday, July 30,1976, and notice of
opportunity to review the projects was
published on November 23, 1990, in the
Dubuque Telegraph Herold and provided
for a public comment period until 12:00
noon, January 4, 1991; and
WHEREAS, the City of Dubuque con-
vened an ad hoc connnittee on June 15,
1982, which completed an environmental
assessment on the following project to be
funded in the Community Development
Block Grant:
WHEREAS, any and all objections, if
any, to such proposals heve been duly con-
sidered; and
WHEREAS, it is the intent of the City
Council to authorize the submission of a
request to the U.S. Department of Hons-
ing and Urban Development for the
release of funds to carry out the above
identified projects.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the environmental
review record for each of the projects shall
continue to remain on file in the Office of
Housing Code Enforcement: and
'1
the City Clerk where said record may be
examined and copied by any interested
party.
Section 2. That the Mayor of the City
of Dubuque is hereby authorized and
directed to submit to the U.S. Department
of Housing and Urban Develoment seven
(71 days after publication of appropriate
notice a Request for Release of Funda to
undertake the said projects.
Section 3. That the Mayor of the City
of Dubuque is authorized to consent to
assume the status of a reaponsible federal
official under the National Environmen-
tal Protection Act, insofar as the provi-
sions of the said Act apply to the U.S-
Department of Housing and Urban Devel-
opment responsibilities for review, deci-
sion making, and action assumed and
carried out by the City of Dubuque as to
environmental issues.
Section 4- That the Mayor of the City
of Dubuque is hereby authorized to con-
sent personally, in ills official capacity and
on behalf of the City of Dnbuque, to ac-
cept the juriadiction of the federal courts
if an action is brought to enforce respon-
sibilities in relation to environmental
reviews, decision making, and action.
Section 5. That the Mayor of the City
of Dubuque be and he is hereby author-
ized and directed to execute a certification
pertaining to the environmental review
procedures.
Section 6. That the City Clerk be and
she is hereby authorized and directed to
publish a public notice for a Request for
Release of Funds and Certification
attached hereto and made a part hereof.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich. Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager sub-
mitting document providing for the levy
of special assessments for sidewalk repairs
wlúch were done by the City paid contrac-
tor under the 1990 Sidewalk Inspection
and Repair Project #3, presented and read.
Council Member Voetberg moved that the
communication be received and filed.
820
Regular ~esslon, December 17, 19~0
Regular Session, December 17, 1990
621
,Î
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Klneaner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
RESOLUTION NO. 499-90
A RESOLUTION ADOPTING
THE FINAL ASSESSMENT
SCHEDULE FOR 1990 SIDE-
WALK REPAIR PROJECT #3
INCLUDING CERTAIN INFOR-
MATION REQUIRED BY THE
CODE OF IOWA, SPECIFI-
CALLY, THE NUMBER OF AN-
NUAL INSTALLMENTS INTO
WHICH ASSESSMENTS ARE
DIVIDED, THE INTEREST
ON ALL UNPAID INSTALL-
MENTS, THE TIME WHEN
THE ASSESSMENTS ARE
PAYABLE AND DIRECTING
THE CLERK TO CERTIFY THE
FINAL SCHEDULE AND TO
PUBLISH NOTICE THEREOF.
NOW, THEREFORE, BE 11' RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That after fnll consideration of the final
schedule of assessments proposed to be
made for the 1990 Sidewalk Repair Pro-
ject #3 under contract with Concrete
Speciallsts of Peosta, Iowa, wlúch final
schedule was filed in the office of the City
Clerk on the 28th day of November, 1990,
that said schedule of assessments be and
the same is bereby approved and adopted.
That there be, and is hereby assessed
and levied as a special tax against and
upon each of the lots, the respective sums
indicated. Provided, further, that the
amounts shown in said final schedule of
assessments as deficiencies are found to
be proper and levied conditionally against
the respective properties benefitted by the
improvements as shown in the schedule,
subject to the provisions of Section
384.63, Code of Iowa. Said assessments
against said lots are hereby declared to be
in proportion to the special benefits con-
ferred and not in excess of twenty-five per-
cent of the value of same.
Assessments of $100.00 or more are
payable in 5 equal annual installments,
with interest on the unpaid balance, all as
provided in Section 384.65, City Code of
Iowa. Conditional deficiency assessments,
if any, may be levied against the ap-
plicable property for the same period of
years as tbe assessments are made
payabie.
,""'",, .-
Assessments may be paid in full or in
part without interest at the office of the
County Treasurer, at any time within 30
days after the date of the first publication
of this notice of the filing of the final plat
and schedule of assessments with the
County Treasurer. Unless said assess-
ments are paid in full within said thirty
day period all unpaid assessments wiU
draw annual interest computed at 10%
percent (commencing on the date of accep-
tance of the work! computed to the
December 1st next following the due dates
of the respective installments. Each in-
stallment will be delinquent on September
30th following its due date on July 1st in
each year. Property owners may elect to
pay any annual installment semiannual-
ly in advance.
That the City Clerk be and is hereby
directed to certify said schedule to the
County Treasurer of Dubuque County,
Iowa, and to publish notice of said certific-
cation once each week for two consecutive
weeks in the manner provided in Section
362.3, the first publication of which shall
be not more than fifteen days from the
date of filing of the final schedule. The
City Clerk shell also send by certified mail
to property owners whose property is sub-
ject to assessment a copy of said notice,
and mailing to be on or before the date of
the second publication of the notice, all as
provided and directed by Section 384.60
of the Code of Iowa.
Proof of Publication, certified to by the
Publisher, on Notice of intent to file a re-
quest for release of funds for replacement
of 10" Sanitary Sewer and Repaving of
Iowa Street between 4th & 5th Streets
project: Proof of Publication, certified to
by the Publiaher, on Notice of Finding No
Sjgnificant Effect on the Environment for
various Community Development pro-
jects, presented and read. Council Member
Voetberg moved that the proofs of pub-
lication be received and filed. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None-
Communication of City Mansger recom-
mending appointment of a new Medical
Director, presented and read. Council
Member Voetberg moved that the com-
munication be received and filed. Second-
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor
Brady, Council Members Deich. Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 500-90
APPOINTING MEDICAL DI-
RECTOR FOR THE CITY OF
DUBUQUE'S ADVANCED
MEDICAL CARE AMBU-
LANCE SERVICE
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
WHEREAS, the rules of the Iowa
Department of Health require that an ad-
vanced emergency medical care am-
bulance service authorized by that
Department be under the direction, advice
or orders by a Medical Director who sup-
plies professional expertise for advanced
emergency medical care; and
WHEREAS, the Dubuque County
Medical Society has recommended that
Dr. Debra Reisen be appointed as Medical
Director of the City of Dubnque's Ad-
vanced Emergency Medical Care Ambu-
lance Service; and
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager sub-
mitting financial reports for the month of
October and November, 1990: Proof of
Publication certified to by the Publisher,
on List of Claims paid for month of Oc-
tober, 1990; Proof of Publication, certified
to by the Publisher, on City Annual
Financial Report for Fiscal Year ending
June 30, 1990, presented and read. Coun-
cil Member Voetberg moved that the com-
munication and proofs of publication be
received and filed. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
WHEREAS, Dr. Debra Reisen hes con-
sented to such appointment and said ap-
pointment would be in the best interest
of the City of Dubnque.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Dr. Debra Reisen be
hereby appointed as Medical Director of
the City of Dubuque's twenty-four hour
Advanced Medical Care Ambulance Ser-
vice authorized by the Iowa Department
of Health.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
November 21, 1990
Honorable Mayor and Members
of the City Council
In accordance with Chapter 400 of the
1989 Code of Iowa, the Civil Service Com-
mission conducted written examinations
on September 18, 1990 with Physical
Agility Tests being given on November
17, 1990 for the position of FIRE-
FIGHTER Entrance Level.
We hereby certify that the following in-
dividuals have successfnlly passed both
the written and physical agility tests and
are hereby qualified to be considered for
the position of Firefighter for the City of
Dubuque, Iowa.
Steven G. Callahan
Ronald J. Paisley
Jeffrey H. Van Zile
John K. Fitzgerald
Robert P. Fitzpatrick
Kyle R. Johnson
Gary S. Grap
Michael J. McMahon
Ryan R. Krings
William Hallahan, Jr.
A second list is available for certification
when needed.
Respectfully submitted
s/Gerald J. Koppes
Chairperson
s/Pat Dillon
slRobert M. Miller
Civil Service Commission
¡
I
Council Member Voetberg moved that
the communication be received and filed
and made a matter of record. Seconded by
Council Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich. Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
822
Regular Session, December 17, 1990
Re~gular Session, December 17, 1990
623
Communication of City Mana¡¡er recom-
mending acceptance of the contract fur
the Mount Vernon Sanitary Sewer Exten-
sion project, presented and read. Council
Member Voetberg moved that the com-
munication be received and filed. Second-
ed by Council Member Nicholson. Carried
by the following vote: Yeas-Mayor
Brady, Council Membrs Deich, Kluesner,
Krieg, Nicholson, Pratt, Voetberg.
Nays-None.
RESOLUTION NO. 501-90
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the
Mount Vernon Sanitary Sewer Extension
has been completed and the City Manager
has examined the work and filed his cer-
tificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends it acceptance.
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the recommendation of
the City Manager be approved and that
said improvement be and the same is
hereby accepted.
BE IT FURTHER RESOLVED that
the City Treasurer be and he is hereby
directed to pay to the contractor from the
sanitary sewer construction fund in
amount equal to the amount of his con-
tract, less any retained percentage pro-
vided for therein.
Psssed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetherg moved adop-
toin of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 502-90
FINAL ESTIMATE
WHEREAS, the contract for the
Mount Vernon Sanitary Sewer Extension
has been completed and the City Engineer
has submitted his final estimate showing
the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs:
for ordinances adnpted up to and in-
clnding December 19, 1988: and
WHEREAS, since December 19, 1988
the City Council of the City of Dnbuque,
Iowa has adopted certain ordinances
aroending the Code of Ordinances and said
amendments have been printed as sup-
plements to the Code of Ordinances; and
WHEREAS, Section 380.8 of the Code
of Iowa provides that supplements, by
resolution, become part of the Code of
Ordinances.
NOW, 'l'HEltEFOltE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQm;, IOWA:
Section I. That the cost of said
improvement is hereby determined to be
$16,544.48 and the said amount shall be
paid from the sanitary sewer construction
fund of the City of Dubuque, Iowa.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
NOW, THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That Supplement No.4 of the
Code of Ordinances of the City of Du-
buque, Iowa covering ordinances adopted
by the City Council of the City of Du-
buque, Iowa from April I, 1990 through
August 20, 1990, prepared by the Mu-
nicipal Code Corporation, Tallahassee,
Florida, hereto filed in the Office of the
City Clerk of the City of Dubuque, Iowa,
be and is hereby adopted and becomes
part of the Code of Ordinances of the City
of Dubuque, Iowa.
Passed, approved and adopted this 17th
day of December, 1990.
James E. Brady
Mayor
Communication of Corporation Counsel
submitting information regarding situa-
tion regarding the Armstrong's "going-
out-of-business" sale, presented and read.
Council Member V oetberg moved that the
communication be received and filed.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
Petition of Klauer Optical Company re-
questing vacation of a small piece of pro-
perty between the east side of their pro-
perty and Grandview Avenue amounting
to approx. 2095 square feet, presented and
read. Council Member Voetberg moved
that the petition be referred to the City
Manager and Stall. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
There being no further business, Coun-
cil Member Pratt moved to adjourn.
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
Meeting adjourned at 12:34 am.
12118/90.
'J-
~-
~
C embers
Attest: t2. ~-
»¡ City Clerk
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Memher Voetberg moved adop-
tion of the l!esolution. Seconded by Coun-
cil Member Nicholson. Carried hy the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of James Trannel on
behalf of Mr. & Mrs. Edward Kruse sub-
mitting an offer to buy real estate located
on Central Ave- and adjacent to proper-
ty already owned by Mr. & Mrs. Kruse
descrihed as Lot 2 of Out Lot 675, except
the Northerly 15 inches of said Lot 2 for
the amount of $1500.00, presented and
read. Council Member Voetberg moved
that the communication be referred to the
City Manager. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of City Manager recom-
mending adoption of Supplement No.4 to
the Code of Ordinances, presented and
read. Council Member Voetberg moved
that the communication be received and
filed. Seconded by Council Member
Nicholson. Carried by the following vote:
Yeas-Mayor Brady, Council Members
Deich, Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
Attest:
Karen M. Chesterman
Deputy City Clerk
Council Member Voetberg moved adop-
tion of the Resolution. Seconded by Coun-
cil Member Nicholson. Carried by the
following vote: Yeas-Mayor Brady,
Council Members Deich, Kluesner, Krieg,
Nicholson, Pratt, Voetberg. Nays-None.
Communication of Mike Remakel ex-
pressing lús concerns regarding the pro-
posed towing contract tlús City is using.
Council Member Voetberg moved that tbe
communication be received and filed-
Seconded by Council Member Nicholson.
Carried by the following vote: Yeas-
Mayor Brady, Council Members Deich,
Kluesner, Krieg, Nicholson, Pratt,
Voetberg. Nays-None.
Communication of Ralph Hartlep sub-
mitting lús resignation from the Park and
Recreation Commission effective im-
mediateiy, presented and read. Council
Member Voetberg moved that the com-
munication be received and filed and ac-
cepted with regret. Seconded by Council
Member Nicholson. Carried by the follow-
ing vote: Yeas-Mayor Brady, Council
Members Deich, Kluesner, Krieg, Nichol-
son, Pratt, Voetberg. Nays-None.
RESOLUTION NO. 503-90
ADOPTING SUPPLEMENT NO.
4 TO THE CODE OF OR-
DINANCES OF THE CITY OF
DUBUQUE, IOWA
WHEREAS, under date of July i7,
1989, the City Council, pursuant to Or-
dinance No. 34-89, readopted the Code of
Ordinances of the City of Dubuque, Iowa