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1994 January Council Proceedings1Regular Session, January 3, 1994 That the Manager be authorized to cause to be issued the following named applicants a DUBUQUE Beer Permit. CLASS "C" BEER PERMIT Angel InvestmentCasey's General Store CITY COUNCIL 2699 Rockdale Rd Iowa Oil Co.IOCO Speede Shoppe 1481 Dodge Iowa Oil Co.IOCO Speede Shoppe OFFICIAL 3200 Central PROCEEDINGS Passed, approved and adopted this 3rd day of January, 1994. Terrance M. Duggan, Mayor Attest: Regular Session, January 3, 1994 7:30 p.m. Public Library AuditoriumMary A. Davis, City Clerk Present: Mayor Duggan, Council MembersCouncil Member Robbins moved adoption of the Resolution. Seconded by Council Kluesner, Krieg, Nagle, Nicholson, Robbins, Member Nicholson. Carried by the following Voetberg, City Manager Michael Van vote: Yeas—Mayor Duggan, Council Members Milligen, Corporation Counsel Barry A. Kluesner, Krieg, Nagle, Nicholson, Robbins, Lindahl. Voetberg. Nays—None. Mayor Duggan read the call and stated this RESOLUTION NO. 2-94 is the Regular Session of the City Council Whereas, applications for Liquor Licenses called for the purpose to act upon such have been submitted to this Council for business which may properly come before the Council.approval and the same have been examined and approved; and Invocation was given by the Most Rev.Whereas, the premises to be occupied by such applicants were inspected and found to Daniel W. Kucera, O.S.B., Archbishop of comply with the State Law and all City Dubuque. Ordinances relevant thereto and they have filed Out-going Mayor James E. Brady swore inproper bonds. Terrance M. Duggan as the newly electedNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Mayor. DUBUQUE, IOWA: That the Manager be authorized to cause to Proclamation: Commending James E. Brady be issued the following named applicants for his outstanding twenty years of service on the City Council. a Liquor License. CLASS "B" (HOTEL-MOTEL) BEER AND LIQUOR LICENSE Comments were made from Council WCB HOTELS, Inc. Member Loras Kluesner praising Mayor Brady Hoffman House/3100 Club for his leadership and dedication of the past 3100 Dodge twenty years on the Council. CLASS "C" (COMMERCIAL) BEER AND Mayor Duggan swore in elected CouncilLIQUOR LICENSE Duane & Judy RothD & J's Grill & Bar Members Dan Nicholson, At-Large, Kathryn 1097 Jackson Krieg, 1st Ward and Joseph Robbins, 3rd Passed, approved and adopted this 3rd Ward. (Let the record show that each elected day of January, 1994. official has been administered their written oath of office prior to December 31, 1993.)Terrance M. Duggan, Mayor Mayor Duggan swore in Council MemberAttest: Mary A. Davis, City Clerk Robert Nagle as Mayor Pro-Tem. Council Member Robbins moved adoption of the Resolution. Seconded by Council RESOLUTION NO. 1-94 Member Nicholson. Carried by the following Whereas, applications for Beer Permits have been submitted and filed to this Councilvote: Yeas—Mayor Duggan, Council Members for approval and the same have been examinedKluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Communication of and approved; and City Manager advising of Letter of Support for Whereas, the premises to be occupied by HUD "Youth Bill" application to be submitted such applicants were inspected and found to by Dubuque Building and Trades Council, comply with the Ordinances of this City and have filed proper bonds.presented and read. Council Member NOW, THEREFORE, BE IT RESOLVEDVoetberg moved that the communication be received and filed. Seconded by Council BY THE CITY COUNCIL OF THE CITY OF Member Robbins. Carried by the following DUBUQUE, IOWA: vote: Yeas—Mayor Duggan, Council Members Regular Session, January 3, 19942 Kluesner, Krieg, Nagle, Nicholson, Robbins,filed by Mr. Boyes, presented and read. Voetberg. Nays—None.Council Member Voetberg moved that the communication be received and filed. MINUTES SUBMITTED -- AirportSeconded by Council Member Robbins. Commission of 11-16; Electrical Code BoardCarried by the following vote: Yeas—Mayor of 12-20; Long Range Planning CommissionDuggan, Council Members Kluesner, Krieg, of 12-8; Park & Recreation Commission of 12-Nagle, Nicholson, Robbins, Voetberg. 8, presented and read. Council MemberNays—None. Voetberg moved that the minutes be received and filed. Seconded by Council MemberCommunication of Terry Duggan resigning Robbins. Carried by the following vote:from Investment Oversight Committee Yeas—Mayor Duggan, Council Memberseffective January 1, 1994, presented and read. Kluesner, Krieg, Nagle, Nicholson, Robbins,Council Member Voetberg moved that they Voetberg. Nays—None.accept the resignation. Seconded by Council Member Robbins. Carried by the following NOTICES OF CLAIMS/SUITS -- Robertvote: Yeas—Mayor Duggan, Council Members W. Rupp/Virgil Wersinger in amount ofKluesner, Krieg, Nagle, Nicholson, Robbins, $1550.18 for vehicle damages; HomeVoetberg. Nays—None. Insurance Subrogee of KWWL-TV, in amount of $1200.65 for vehicle damages; Charles andProofs of Publication, certified to by the Lora David, vs. City of Dubuque ZoningPublisher, on Notice of Availability of Final Board of Adjustment submitting "Petition forStatement of CD Objectives; Notice of No Certiorari" regarding denial of an applicationSignificant Effect on the Environment for for a Special Exception; CNA on behalf ofCooper Wagon Factory Project; Notice of their client, Kathryn Mettel, in the amount ofintent to release CD funds for Vessel Systems, $457.43 for personal injuries, presented andInc. project, presented and read. Council read. Council Member Voetberg moved thatMember Voetberg moved that the proofs be the claims and suits be referred to Legal Staffreceived and filed. Seconded by Council for investigation and report. Seconded byMember Robbins. Carried by the following Council Member Robbins. Carried by thevote: Yeas—Mayor Duggan, Council Members following vote: Yeas—Mayor Duggan, CouncilKluesner, Krieg, Nagle, Nicholson, Robbins, Members Kluesner, Krieg, Nagle, Nicholson,Voetberg. Nays—None. Robbins, Voetberg. Nays—None. REFUNDS REQUESTED -- Hartig Drug Communications of Corporation CounselCompany, total of $225.00, for three advising following claims have been referred tounexpired Class "C" Beer Licenses for Crawford & Company, the agent for the Iowalocations at 2255 JFK Road, 157 Locust Street Communities Assurance Pool: Car damage ofand 2225 Central Ave., presented and read. Goss Holding Company; Personal injury ofCouncil Member Voetberg moved that the Thomas C. Shaffer; Personal injury of Shellarefunds be approved and directed Finance Czipar to Friedman Insurance, the agent forDirector to issue the proper checks. United States Aviation Underwriters, insurerSeconded by Council Member Robbins. for the Dubuque Regional Airport, presentedCarried by the following vote: Yeas—Mayor and read. Council Member Voetberg movedDuggan, Council Members Kluesner, Krieg, that the communications be received and filed.Nagle, Nicholson, Robbins, Voetberg. Seconded by Council Member Robbins.Nays—None. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg,Communication of Finance Director Nagle, Nicholson, Robbins, Voetberg.submitting Financial Reports for month of Nays—None.November, 1993, presented and read. Council Member Voetberg moved that the Communication of Corporation Counselcommunication be received and filed. recommending settlement of property damageSeconded by Council Member Robbins. claim of Daniel J. Gasell in the amount ofCarried by the following vote: Yeas—Mayor $475.00 and directing Finance Director toDuggan, Council Members Kluesner, Krieg, issue proper check, presented and read.Nagle, Nicholson, Robbins, Voetberg. Council Member Voetberg moved to approveNays—None. the settlement. Seconded by Council Member Robbins. Carried by the following vote:There being no further business, Council Yeas—Mayor Duggan, Council MembersMember Robbins moved to adjourn. Kluesner, Krieg, Nagle, Nicholson, Robbins,Seconded by Council Member Nicholson. Voetberg. Nays—None.Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Communication of Milton Boyes regardingNagle, Nicholson, Robbins, Voetberg. claim filed regarding negligence act byNays—None. Meeting adjourned at Interstate Power Company and communication8:15 p.m. of Corporation Counsel responding to claimMary A. Davis CMC 3Regular Session, January 3, 1994 City ClerkApproved ______________________, 1995. Adopted _______________________, 1995. ____________________________________ Mayor ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk Board of Health, January 17, 19944 Approved ______________________, 1995. CITY OF DUBUQUE Adopted _______________________, 1995. BOARD OF HEALTH ____________________________________ QUARTERLY Chairperson MEETING ____________________________________ Quarterly Board of Health Meeting, January 17, 1994 ____________________________________ Board met at 7:25 p.m. Public Library Auditorium ____________________________________ Present: Chairperson Duggan, Board Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. ____________________________________ Chairperson Duggan read the call and stated this is the Regular Quarterly Session of____________________________________ the Board of Health called for the purpose to act upon such business which may properly ____________________________________ come before the Board. Board Members There being no business to come before the Attest: Board at this time, upon motion the Board adjourned at 7:27 p.m. Mary A. Davis CMC ____________________________________ City Clerk Secretary 5Regular Session, January 17, 1994 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby CITY COUNCIL approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. OFFICIAL Passed, adopted and approved this 17th day of January, 1994. PROCEEDINGS Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Regular Session, January 17, 1994 Council Member Nagle moved adoption of Council Met at 7:30 p.m. Public Library the Resolution. Seconded by Council Member Auditorium Voetberg. Carried by the following vote: Present: Mayor Duggan, Council Members Yeas—Mayor Duggan, Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg, City Manager Michael C. Van Voetberg. Nays—None. Milligen, Corporation Counsel Barry A. Lindahl. Proof of Publication certified to by the Publisher on Notice to Bidders of the Receipt Mayor Duggan read the call and stated this of Bids for project and communication of City is the Regular Session of the City Council Manager recommending to award contract for called for the purpose to act upon such project, presented and read. Council Member business which may properly come before the Nagle moved that the proof of publication and Council. communication be received and filed. Invocation was given by Father Dwayne Seconded by Council Member Voetberg. Thoman, Teacher at Wahlert High School. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg, PROCLAMATION -- Week of January 30 Nagle, Nicholson, Robbins, Voetberg. to February 5 as "National Catholic Schools Nays—None. Week" received by Pat Mullen. RESOLUTION NO. 4-94 Council Member Nagle moved that the AWARDING CONTRACT rules be suspended to allow anyone present to Whereas, sealed proposals have been address the Council if they so desire. submitted by contractors for the Rehabilitation Seconded by Council Member Voetberg. of 16th Street Floodwall Pumping Station Carried by the following vote: Yeas—Mayor pursuant to Resolution No. 418-93 and notice Duggan, Council Members Kluesner, Krieg, to bidders published in a newspaper published Nagle, Nicholson, Robbins, Voetberg. in the City of Dubuque, Iowa on the 23rd day Nays—None. of December, 1993. Whereas, said sealed proposals were Proof of Publication certified to by the opened and read on the 7th day of January, Publisher on Notice of Hearing on Plans and 1994 and it has been determined that the bid Specifications for the Rehabilitation of 16th of Portzen Construction, Inc. of Dubuque, Street Pumping Station, presented and read. Iowa in the amount of $126,755.00 was the There were no written objections received and lowest bid for the furnishings of all labor and no oral objectors present at the time of the materials and performing the work as provided Hearing. Council Member Nagle moved that for in the plans and specifications. the proof be received and filed. Seconded by NOW THEREFORE, BE IT RESOLVED Council Member Voetberg. Carried by the BY THE CITY COUNCIL OF THE CITY OF following vote: Yeas—Mayor Duggan, Council DUBUQUE, IOWA: Members Kluesner, Krieg, Nagle, Nicholson, That the contract for the above Robbins, Voetberg. Nays—None. improvement be awarded to Portzen Construction, Inc. and the Manager be and is RESOLUTION NO. 3-94 hereby directed to execute a contract on behalf RESOLUTION ADOPTING PLANS AND of the City of Dubuque for the complete SPECIFICATIONS performance of the work. Whereas, on the 15th day of December, BE IT FURTHER RESOLVED: 1993, plans, specifications, form of contract That upon the signing of said contract and and estimated cost were filed with the City the approval of the contractor's bond, the City Clerk of Dubuque, Iowa for the Rehabilitation Treasurer is authorized and instructed to of 16th Street Floodwall Pumping Station. return the bid deposits of the unsuccessful Whereas, notice of hearing on plans, bidders. specifications, form of contract, and estimated Passed, approved and adopted this 17th day cost was published as required by law. of January, 1994. Regular Session, January 17, 19946 Terrance M. Duggan, MayorCouncil Members Kluesner, Krieg, Nicholson, Attest:Voetberg. Nays—Council Members Nagle, Mary A. Davis, City ClerkRobbins. Council Member Nagle moved adoption of the Resolution. Seconded by Council MemberRESOLUTION NO. 6-94 Voetberg. Carried by the following vote:AWARDING CONTRACT Yeas—Mayor Duggan, Council MembersWhereas, sealed proposals have been Kluesner, Krieg, Nagle, Nicholson, Robbins,submitted by contractors for the City Hall Voetberg. Nays—None.Annex Remodeling pursuant to Resolution No. 387-93 and notice to bidders published in a Proof of Publication certified to by thenewspaper published in the City of Dubuque, Publisher on Notice of Hearing on Plans andIowa on the 9th and 21st day of December, Specifications for the City Hall Annex1993. Renovation Project, presented and read. JimWhereas, said sealed proposals were Flogel of Dubuque Building and Trades spokeopened and read on the 6th day of January, concerning the project. Council Member1994 and it has been determined that the bid Voetberg moved that the proof of publicationof Al Droessler & Sons Construction, Inc. of be received and filed. Seconded by CouncilKieler, Wisconsin in the amount of $181,964 Member Krieg. Carried by the following vote:was the lowest bid for the furnishings of all Yeas—Mayor Duggan, Council Memberslabor and materials and performing the work Kluesner, Krieg, Nicholson, Voetberg.as provided for in the plans and specifications. Nays—Council Members Nagle, Robbins.NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 5-94DUBUQUE, IOWA: RESOLUTION ADOPTING PLANS ANDThat the contract for the above SPECIFICATIONSimprovement be awarded to Al Droessler & Whereas, on the 1st day of December,Sons Construction, Inc. and the Manager be 1993, plans, specifications, form of contractand is hereby directed to execute a contract on and estimated cost were filed with the Citybehalf of the City of Dubuque for the complete Clerk of Dubuque, Iowa for the City Hallperformance of the work. Annex Renovation Project.BE IT FURTHER RESOLVED: Whereas, notice of hearing on plans,That upon the signing of said contract and specifications, form of contract, and estimatedthe approval of the contractor's bond, the City cost was published as required by law.Treasurer is authorized and instructed to NOW THEREFORE, BE IT RESOLVEDreturn the bid deposits of the unsuccessful BY THE CITY COUNCIL OF THE CITY OFbidders. DUBUQUE, IOWA:Passed, approved and adopted this 17th day That the said plans, specifications, form ofof January, 1994. contract and estimated cost are herebyTerrance M. Duggan, Mayor approved as the plans, specifications, form ofAttest: contract and estimated cost for saidMary A. Davis, City Clerk improvements for said project.Council Member Voetberg moved adoption Passed, adopted and approved this 17th dayof the Resolution. Seconded by Council of January, 1994.Member Krieg. Carried by the following vote: Terrance M. Duggan, MayorYeas—Mayor Duggan, Council Members Attest:Kluesner, Krieg, Nicholson, Voetberg. Mary A. Davis, City ClerkNays—Council Members Nagle, Robbins. Council Member Voetberg moved adoption of the Resolution. Seconded by CouncilProof of Publication certified to by the Member Krieg. Carried by the following vote:Publisher on Notice of Public Hearing to Yeas—Mayor Duggan, Council Membersconsider vacating and disposing of Lot 1A in Kluesner, Krieg, Nicholson, Voetberg.Henry A. Robinson Industrial Subdivision and Nays—Council Members Nagle, Robbins.communication of City Manager recom- mending to vacate and dispose of said property Proof of Publication certified to by theto Raymond and Anna Mae Hansen, presented Publisher on Notice to Bidders of the Receiptand read. Council Member Voetberg moved of Bids for project; Communication of Citythat the proof and communication be received Manager recommending to award contract forand filed. Seconded by Council Member project and communication of DubuqueNagle. Carried by the following vote: Building & Construction Trades CouncilYeas—Mayor Duggan, Council Members requesting consideration be given to awardKluesner, Krieg, Nagle, Nicholson, Robbins, contract to Portzen Construction, Inc.,Voetberg. Nays—None. presented and read. Council MemberAn Ordinance Vacating a portion of South Voetberg moved that the proof andLocust Street from Valley Street Extension to communications be received and filed.Railroad Avenue, said Ordinance having been Seconded by Council Member Krieg. Carriedpresented and read at the Council Meeting of by the following vote: Yeas-Mayor Duggan,12-20-93, presented for final action. 7Regular Session, January 17, 1994 (OFFICIAL PUBLICATION)the proposal for the sale of real estate ORDINANCE NO. 1-94described as: ORDINANCE VACATING A PORTIONLot 1A in Henry A. Robinson Industrial OF SOUTH LOCUST STREET FROMSubdivision in the City of Dubuque, Iowa VALLEY STREET EXTENSION TOto Raymond A. and Anna Mae Hansen; and RAILROAD AVENUEWhereas, the City Council of the City of Whereas, Buesing and Associates hasDubuque, Iowa overruled any and all prepared and submitted to the City Council aobjections, oral or written, to the proposal to plat showing the vacated portion of Southdispose of interest of the City of Dubuque, Locust Street and assigned lot numbersIowa, except for easements as noted, in the thereto, which hereinafter shall be known andhereinabove described real estate to Raymond described as Lot 1A of Henry A. RobinsonA. and Anna Mae Hansen. Industrial Subdivision in the City of Dubuque,NOW THEREFORE, BE IT RESOLVED Dubuque County, Iowa;BY THE CITY COUNCIL OF THE CITY OF Whereas, the City Council of the City ofDUBUQUE, IOWA: Dubuque, Iowa has determined that a portionSection 1. That the disposal of the interest of South Locust Street is no longer required forof the City of Dubuque, Dubuque County, public use, except for utility easements asIowa in real property described as Lot 1A in noted, and vacating of said portions of SouthHenry A. Robinson Industrial Subdivision in Locust Street known as the westerly 20 feet ofthe City of Dubuque, Iowa to Raymond A. and Lot 1A of Henry A. Robinson IndustrialAnna Mae Hansen be and the same is hereby Subdivision in the City of Dubuque, Dubuqueapproved for the sum of $12,175.00 plus cost County, Iowa should be approved.of publication, platting and filing fees; NOW, THEREFORE, BE IT ORDAINEDconveyance shall be by Warranty Deed. BY THE CITY COUNCIL OF THE CITY OFSection 2. That the Mayor be authorized DUBUQUE, IOWA:and directed to execute a Warranty Deed, and Section 1. That the real estate described asthe City Clerk be and is hereby authorized and the westerly 20' of Lot 1A of Henry A.directed to deliver said deed of conveyance to Robinson Industrial Subdivision in the City ofthe above named grantee upon receipt of the Dubuque, Iowa, be and the same is herebypurchase price in full. vacated.Section 3. The City of Dubuque reserves Section 2. The City of Dubuque reservesunto itself a perpetual easement including the unto itself a perpetual easement including theright of ingress and egress thereto, for the right of ingress and egress thereto, for thepurpose of erecting, installing, constructing, purpose of erecting, installing, constructing,reconstructing, repairing, owning, operating, reconstructing, repairing, owning, operating,and maintaining water, sewer, drainage, gas, and maintaining water, sewer, drainage, gas,telephone, t.v. cable, and electric lines as may telephone, t.v. cable, and electric lines as maybe authorized by the City of Dubuque, Iowa, be authorized by the City of Dubuque, Iowa.as shown on said plat. Passed, approved and adopted this 17th daySection 4. That the City Clerk be and is of January, 1994.hereby authorized and directed to record a Terrance M. Duggan, Mayorcertified copy of this resolution in the office of Attest:the City Assessor, Dubuque County Recorder, Mary A. Davis, City Clerkand the Dubuque County Auditor. Published officially in the TelegraphPassed, approved and adopted this 17th day Herald newspaper this 21st day of January,of January, 1994. Terrance M. Duggan, Mayor 1994. Attest: 1t 1/21Mary A. Davis CMC, City Clerk Mary A. Davis, City Clerk Council Member Voetberg moved final adoption of the Ordinance. Seconded byCouncil Member Voetberg moved adoption Council Member Nagle. Carried by theof the Resolution. Seconded by Council following vote: Yeas—Mayor Duggan, CouncilMember Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council Members Members Kluesner, Krieg, Nagle, Nicholson, Kluesner, Krieg, Nagle, Nicholson, Robbins, Robbins, Voetberg. Nays—None. Voetberg. Nays—None. RESOLUTION NO. 7-94 Whereas, pursuant to resolution andBOARDS AND COMMISSIONS published notice of time and place of hearing,HUMAN RIGHTS COMMISSION Three three-year terms which will expire published in the Telegraph Herald, a January 1, 1997 (terms of D. Miller, B. Hager newspaper of general circulation published in & one vacant). Applicants: Thomas J. the City of Dubuque, Iowa on 7th day of January, 1994, the City Council of the City ofChurchill, Jerome A. Greer; Brenda S. Hager, Dubuque, Iowa met on the 17th day ofBecky Heimerl, Mary Huff, Mark A. January, 1994, at 7:30 p.m. in the PublicMcDowell, Richard F. McGrane, Nancy Miller, O.S.F., Mustafa Ozcan, Allen J. Library Auditorium, 11th and Locust, Troupe, Laura E. Woodman. Dubuque, Dubuque County, Iowa to consider Regular Session, January 17, 19948 Sister Nancy Miller of 3399 Roosevelt,Thomas G. Swift appointed to three year terms Jerome Greer of 1029 Dunham Dr., Markon the Housing Code Appeals Board which McDowell of 1265 Bluff, and Becky Heimerlwill expire 1-11-97. of 1738 Avalon, Allen J. Troupe of 701 CedarVote on the unexpired term which will Cross, Brenda Hager of 1464 Central Ave., allexpire 1-11-96. Mayor Duggan voted for spoke requesting appointment to theHannan. Council Member Kluesner voted for Commission and Ms. Hager spoke endorsingHannan. Council Member Krieg voted for Allen Troupe.Hannan. Council Member Nagle voted for Mayor Duggan voted for Greer, Heimerl,Bird. Council Member Nicholson voted for Ozcan. Council Member Kluesner voted forBaker. Council Member Robbins voted for Greer, Miller and Ozcan. Council MemberBird. Council Member Voetberg voted for Krieg voted for Greer, Miller and Troupe.Hannan. Therefore, Thomas A. Hannan Council Member Nagle voted for Greer,appointed to the Housing Code Appeals Bd. Heimerl and McDowell. Council Memberfor a term that will expire 1-11-96. Nicholson voted for Greer, Hager and Miller. Council Member Robbins voted for Greer,Communication of Dubuque Racing Assn. McDowell and Miller. Therefore, Jeromerequesting Council appointments to their Greer and Nancy Miller, O.S.F. wereBoard, presented and read. Council Member appointed to the Human Rights CommissionVoetberg moved that the communication be for three year terms which will expire 1-1-97.received and filed and that Mayor Terry A second vote was taken for the thirdDuggan be appointed as Council representative appointment: Mayor Duggan voted forto the Dubuque Racing Assn. Seconded by Heimerl. Council Member Kluesner voted forCouncil Member Krieg. Carried by the McDowell. Council Member Krieg voted forfollowing vote: Yeas—Mayor Duggan, Council Troupe. Council Member Nagle voted forMembers Kluesner, Krieg, Nagle, Nicholson, McDowell. Council Member Nicholson votedRobbins, Voetberg. Nays—None. for Hager. Council Member Robbins voted for McDowell. Council Member Voetberg votedCommunication of David Harris, Housing for Hager. There not being a majority a thirdServices Manager, requesting City vote was taken: Mayor Duggan voted forrepresentation on Dubuque Community McDowell. Council Member Kluesner votedHousing Development Organization, presented for McDowell. Council Member Krieg votedand read. Council Member Voetberg moved for McDowell. Council Member Nagle votedthat the communication be received and filed. for McDowell. Council Member Nicholson Seconded by Council Member Krieg. Carried voted for Hager. Council Member Robbinsby the following vote: Yeas—Mayor Duggan, voted for McDowell. Council MemberCouncil Members Kluesner, Krieg, Nagle, Voetberg voted for Hager. Therefore, Mary A.Nicholson, Robbins, Voetberg. Nays—None. McDowell was appointed to a three year term on the Human Rights Commission which willDesignation of Mayor, Council Members expire 1-1-97.and City Manager to various organizations: Council Member Voetberg moved that Council HOUSING CODE APPEALS BOARD:Member Robbins be appointed as their One unexpired term to expire 1-11-96 (Termrepresentative on the Four Mounds Foundation of J. Gill); Two three-year terms to expire 1-Board, and that Mayor Duggan be appointed 11-97. Applicants: David Althaus, David J.as their representative to the Dubuque Main Baker, Dale L. Bird, Charles F. Carr, H. JamesSt. Ltd. Board; that City Manager Michael (Jim) Gill, Jr., Thomas A. Hannan, Thomas G.Van Milligen be appointed to the Convention Swift. and Visitors Board and to the Operation: New Vote for two terms that will expire 1-11-97:View Board with David Harris as designee. Mayor Duggan voted for Althaus and Swift.Seconded by Council Member Krieg. Carried Council Member Kluesner voted for Gill andby the following vote: Yeas—Mayor Duggan, Hannan. Council Member Krieg voted forCouncil Members Kluesner, Krieg, Nagle, Carr and Gill. Council Member Nagle votedNicholson, Robbins, Voetberg. Nays—None. for Althaus and Swift. Council Member Nicholson voted for Althaus and Swift.Communication of Craig T. Case requesting Council Member Robbins voted for Althausto address the Council regarding the and Bird. Council Member Voetberg voted forrequirement to be a resident of the City to Gill and Hannan. Due to lack of majority forserve on the newly established "Environmental one of the positions, a second vote was takenStewardship Commission", presented and for a term to expire 1-11-97. Mayor Dugganread. Mr. Case spoke to the communication. voted for Swift. Council Member KluesnerCouncil Member Krieg moved that the voted for Gill. Council Member Krieg votedcommunication be received and filed. for Hannan. Council Member Nagle voted forSeconded by Council Member Voetberg. Swift. Council Member Nicholson voted forCarried by the following vote: Yeas—Mayor Swift. Council Member Robbins voted forDuggan, Council Members Kluesner, Krieg, Swift. Council Member Voetberg voted forNagle, Nicholson, Robbins, Voetberg. Hannan. Therefore, David Althaus andNays—None. 9Regular Session, January 17, 1994 Communication of City ManagerKluesner, Krieg, Nagle, Nicholson, Robbins, recommending to place stop signs alongVoetberg. Nays—None. portions of recently opened U.S. Highway 61 ramp connections, presented and read.An Ordinance Amending Code of Council Member Kluesner moved that theOrdinances providing for the prohibition of communication be received and filed.parking on the Elm Street Connector, U.S. Seconded by Council Member Nagle. Carried61/151 on-ramp connections, and U.S. 61/151 by the following vote: Yeas—Mayor Duggan,Off-ramp connections, presented and read. Council Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.(OFFICIAL PUBLICATION) An Ordinance Amending Code ofORDINANCE NO. 3-94 Ordinances by providing for the change ofAN ORDINANCE AMENDING THE through street designation for Eleventh Street,CODE OF ORDINANCES OF THE CITY presented and read. OF DUBUQUE, IOWA BY ADDING TO SUBSECTION (d) OF SECTION 32-262 (OFFICIAL PUBLICATION)THEREOF PROVIDING FOR THE ORDINANCE NO. 2-94PROHIBITION OF PARKING ON THE AN ORDINANCE AMENDING THEELM STREET CONNECTOR, U.S. 61/151 CODE OF ORDINANCES OF THE CITYON-RAMP CONNECTIONS, AND U.S. OF DUBUQUE, IOWA BY REVISING61/151 OFF-RAMP CONNECTIONS SUBSECTION (b) OF SECTION 32-213NOW, THEREFORE, BE IT ORDAINED THEREOF PROVIDING FOR THEBY THE CITY COUNCIL OF THE CITY OF CHANGE OF THROUGH STREETDUBUQUE, IOWA: DESIGNATION FOR ELEVENTHSection 1. That the Code of Ordinances of STREETthe City of Dubuque, Iowa be amended by NOW, THEREFORE, BE IT ORDAINEDadding the Elm Street Connector, U.S. 61/151 BY THE CITY COUNCIL OF THE CITY OFon-ramp connection and U.S. 61/151 off-ramp DUBUQUE, IOWA:connection to Subsection (d) of Section 32-262 Section 1. That the Code of Ordinances ofthereof as follows: the City of Dubuque, Iowa be amended by"Sec. 32-262. Prohibited on Designated deleting Eleventh Street from Subsection (b),Streets or Portions Thereof. of Section 32-213 thereof as follows:(d) No-parking-at-any-time zones designated "Sec. 32-213. Entering Through Streets.Elm Street Connector, both sides, from (b)Eleventh Street, east, from the westEleventh Street to Twelfth Street U.S. property line of Kerper Boulevard to61/151, southbound on-ramp connection, the east property line of the U.S. 61both sides, from Eleventh Street to Ninth on-ramp and from the west propertyStreet line of the U.S. 61 on-ramp to the eastU.S. 61/151, northbound off-ramp property line of Central Avenue.connection, both sides, from Ninth Street Section 2. That the Code of Ordinances ofto Eleventh Street the City of Dubuque, Iowa be amended byU.S. 61/151, northbound on-ramp adding Eleventh Street to Subsection (b) ofconnection, both sides, from Ninth Street Section 32-213 thereof as follows:to Eleventh Street "Sec. 32-213-. Entering Through Streets.Passed, approved and adopted this 17th day (b)Eleventh Street, east, from the eastof January, 1994. property line of Central Avenue to theTerrance M. Duggan, Mayor west property line of KerperAttest: Boulevard.Mary A. Davis, City Clerk Passed, approved and adopted this 17th day Published officially in the Telegraph of January, 1994.Herald newspaper this 21st day of January, Terrance M. Duggan, Mayor1994. Attest:1t 1/21Mary A. Davis CMC, City Clerk Mary A. Davis, City Clerk Council Member Kluesner moved that this Published officially in the Telegraphbe considered the first reading of the Herald newspaper this 21st day of January,Ordinance, and that the requirement that a 1994.proposed Ordinance be considered and voted 1t 1/21Mary A. Davis CMC, City Clerkon for passage at two Council meetings prior Council Member moved that this beto the meeting at which it is to be finally considered the first reading of the Ordinance,adopted be suspended and further moved final and that the requirement that a proposedadoption of the Ordinance. Seconded by Ordinance be considered and voted on forCouncil Member Nagle. Carried by the passage at two Council meetings prior to thefollowing vote: Yeas—Mayor Duggan, Council meeting at which it is to be finally adopted beMembers Kluesner, Krieg, Nagle, Nicholson, suspended and further moved final adoption ofRobbins, Voetberg. Nays—None. the Ordinance. Seconded by Council Member Nagle. Carried by the following vote:An Ordinance Amending Code of Yeas—Mayor Duggan, Council MembersOrdinances by adding U.S. 61/151 on-ramp Regular Session, January 17, 199410 connections and off-ramp connections toNagle, Nicholson, Robbins, Voetberg. Section 32-174 thereof providing for theNays—None. designation of one-way traffic, presented and read. RESOLUTION NO. 8-94 RESOLUTION APPROVING AND (OFFICIAL PUBLICATION)AUTHORIZING THE FILING OF A ORDINANCE NO. 4-94FINAL STATEMENT OF INTENT AND AN ORDINANCE AMENDING THEPROJECTED USE OF COMMUNITY CODE OF ORDINANCES OF THEDEVELOPMENT BLOCK GRANT CITY OF DUBUQUE, IOWA BYDISASTER RELIEF FUNDS. ADDING U.S. 61/151 ON-RAMPWHEREAS, the City of Dubuque, Iowa, on CONNECTIONS AND OFF-RAMPDecember 8, 1993, was allocated $188,000 in CONNECTIONS TO SECTION 32-174Community Development Block Grant THEREOF PROVIDING FOR THEDisaster Relief Funds; and DESIGNATION OF ONE-WAYWHEREAS, federal regulations require that TRAFFICprior to receipt of the above referenced grant NOW, THEREFORE, BE IT ORDAINEDfunds, the City of Dubuque shall prepare a BY THE CITY COUNCIL OF THE CITY OFFinal Statement detailing projected use of DUBUQUE, IOWA:funds; and Section 1. That the Code of Ordinances ofWHEREAS, a Final Statement has been the City of Dubuque, Iowa be amended byprepared and was reviewed and approved by adding U.S. 61/151 on-ramp connections andthe City's Community Development off-ramp connections to Section 32-174Commission on January 5, 1994; and thereof as follows:WHEREAS, the City Council finds the "Sec. 32-174. One-Way Streets.Final Statement, a copy of which is attached (1) Northerly. Traffic shall movehereto and made a part hereof, is supportive of northerly only:federal objectives and is responsive to local On U.S. 61/151 off-ramp connection,needs for relief from damage caused by last from Ninth Street to Eleventh Street.summer's floods, high winds and other weather On U.S. 61/151 on-ramp connection,conditions. from Ninth Street to Eleventh Street.NOW, THEREFORE, BE IT RESOLVED (2) Southerly. Traffic shall moveBY THE CITY COUNCIL OF THE CITY OF southerly only:DUBUQUE, IOWA: On U.S. 61/151 on-ramp connection,Section 1.That the City Council hereby from Eleventh Street to Ninth Street.adopts the attached Final Statement of Passed, approved and adopted this 17th dayObjectives and Projected Use of Community of January, 1994.Development Block Grant Disaster Relief Terrance M. Duggan, MayorFunds. Attest:Section 2.That the filing of this Final Mary A. Davis, City ClerkStatement is hereby approved, and the Mayor Published officially in the Telegraphof the City of Dubuque is hereby authorized and directed to execute the necessary Herald newspaper this 21st day of January, documentation on behalf of the City of 1994. 1t 1/21Mary A. Davis CMC, City ClerkDubuque. Council Member Kluesner moved that thisSection 3.That the City Manager is be considered the first reading of thehereby authorized and directed to submit, in the required number of copies, said Statement Ordinance, and that the requirement that the to the U.S. Department of Housing and Urban proposed Ordinance be considered and voted Development and other appropriate agencies, on for passage at two Council meetings prior to the meeting at which it is to be finallytogether with such other documents as may be adopted be suspended and further moved finalrequired. adoption of the Ordinance. Seconded byPASSED, APPROVED AND ADOPTED THIS 17th day of January, 1994. Council Member Nagle. Carried by the Terrance M. Duggan, Mayor following vote: Yeas—Mayor Duggan, Council Attest: Members Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None.Mary Davis, City Clerk Council Member Nagle moved adoption of Communication of City Manager requestingthe Resolution. Seconded by Council Member Robbins. Carried by the following vote: submission of a Final Statement for use of Yeas—Mayor Duggan, Council Members Community Development Block Grant Flood Kluesner, Krieg, Nagle, Nicholson, Robbins, Disaster Relief Funds, presented and read. Council Member Nagle moved that theVoetberg. Nays—None. communication be received and filed. Seconded by Council Member Robbins.RESOLUTION NO. 9-94 RESOLUTION APPROVING A Carried by the following vote: Yeas—Mayor CONTRACT FOR SERVICES WITH THE Duggan, Council Members Kluesner, Krieg, EAST CENTRAL INTERGOVERN- 11Regular Session, January 17, 1994 MENTAL ASSOCIATION FORDuane and Judy RothD & J's Grill & Bar ADMINISTRATION OF CDBG SPECIALMy-Cap1097 Jackson ALLOCATION FOR FLOOD RELIEF. Passed, approved and adopted this 17th day WHEREAS, The City of Dubuque, Iowaof January, 1994. (hereinafter referred to as City) is party to theTerrance M. Duggan, Mayor Agreement creating the East CentralAttest: Intergovernmental Association (hereinafterMary A. Davis, City Clerk referred to as ECIA) and is a member in goodCouncil Member Nagle moved adoption of standing; andthe Resolution. Seconded by Council Member WHEREAS, City wishes to engage ECIA toRobbins. Carried by the following vote: provide certain technical and professionalYeas—Mayor Duggan, Council Members services for grant administration of the 1993Kluesner, Krieg, Nagle, Nicholson, Robbins, HUD CDBG SPECIAL ALLOCATION FORVoetberg. Nays—None. FLOOD RELIEF GRANT; and WHEREAS, Articles II, III (12), and VII (2)RESOLUTION NO. 11-94 and (3) of the Articles of Agreement of theWhereas, applications for Beer Permits East Central Intergovernmental Associationhave been submitted and filed to this Council gives ECIA the authority to perform servicesfor approval and the same have been examined under consideration; andand approved; and WHEREAS, a Contract for ServicesWhereas, the premises to be occupied by between ECIA and City has been prepared andsuch applicants were inspected and found to is attached hereto and made a part hereof.comply with the Ordinances of this City and NOW, THEREFORE, BE IT RESOLVEDhave filed proper bonds. BY THE CITY COUNCIL OF THE CITY OFNOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA:BY THE CITY COUNCIL OF THE CITY OF Section 1.That the City hereby approvesDUBUQUE, IOWA: the proposed Contract for Services with theThat the Manager be authorized to cause to East Central Intergovernmental Association.be issued the following named applicants a Section 2.That the Mayor and CityBeer Permit. Clerk are hereby authorized and directed toCLASS "C" BEER PERMIT execute said contract on behalf of the City ofIowa Potatoe & Produce House, Inc. Dubuque, Iowa. Iowa Potatoe & Produce House PASSED, APPROVED AND ADOPTED2600 Dodge THIS 17th day of January, 1994.Passed, approved and adopted this 17th day Terrance M. Duggan, Mayorof January, 1994. ATTEST:Terrance M. Duggan, Mayor Mary Davis, City ClerkAttest: Council Member Nagle moved adoption ofMary A. Davis CMC, City Clerk the Resolution. Seconded by Council MemberCouncil Member Nagle moved adoption of Robbins. Carried by the following vote:the Resolution. Seconded by Council Member Yeas—Mayor Duggan, Council MembersRobbins. Carried by the following vote: Kluesner, Krieg, Nagle, Nicholson, Robbins,Yeas—Mayor Duggan, Council Members Voetberg. Nays—None.Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Communication of City Manager submitting Comprehensive Annual FinancialRESOLUTION NO. 12-94 Report for the City for period ending June 30,Whereas, applications for Liquor Licenses 1993 and Financial Statements for June 30,have been submitted to this Council for 1993 and 1992 for Parking Facilities,approval and the same have been examined Dubuque Metropolitan Area Solid Wasteand approved; and Agency and Water Utility, presented and read.Whereas, the premises to be occupied by Council Member Voetberg moved that thesuch applicants were inspected and found to communication be received and filed. comply with the State Law and all City Seconded by Council Member Nagle. CarriedOrdinances relevant thereto and they have filed by the following vote: Yeas—Mayor Duggan,proper bonds. Council Members Kluesner, Krieg, Nagle,NOW, THEREFORE, BE IT RESOLVED Nicholson, Robbins, Voetberg. Nays—None.BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 10-94That the Manager be authorized to cause to NOW, THEREFORE, BE IT RESOLVEDbe issued the following named applicants BY THE CITY COUNCIL OF THE CITY OF a Liquor License. DUBUQUE, IOWA:CLASS "C" (COMMERCIAL) BEER AND That the following having complied withLIQUOR LICENSE the provisions of law relating to the sale ofChi-Chi's USA, Inc. Cigarettes within the City of Dubuque, Iowa,Chi Chi's Mexican Restaurant be granted a permit to sell Cigarettes and800 Wacker Dr. Cigarette Papers within said City. Regular Session, January 17, 199412 Passed, approved and adopted this 17th dayNOW, THEREFORE, BE IT RESOLVED of January, 1994.BY THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, MayorDUBUQUE, IOWA: Attest:Section 1. That the plat dated December Mary A. Davis CMC, City Clerk21, 1993 prepared by IIW Engineers & Council Member Nagle moved adoption ofSurveyors, P.C., relative to the real estate the Resolution. Seconded by Council Memberhereinabove described be and the same is Robbins. Carried by the following vote:hereby approved, and the Mayor and City Yeas—Mayor Duggan, Council MembersClerk be and they are hereby authorized and Kluesner, Krieg, Nagle, Nicholson, Robbins,directed to execute said plat for and on behalf Voetberg. Nays—None.of the City of Dubuque, Iowa. Section 2. The City reserves unto itself a Communication of Zoning Commissionperpetual easement including the right of advising of their denial to reclassify propertyingress and egress thereto, for the purpose of located at 2282 University Ave. from C-2 to C-installing, constructing, reconstructing, 3 and petition of Daniel H. Kruse requestingrepairing, owning, operating, and maintaining Council set the matter for a public hearing,a storm sewer and drainage system as may be presented and read. Council Memberauthorized by the City of Dubuque, Iowa, as Voetberg moved that the communication andshown on said plat. petition be received and filed. Seconded bySection 3. That the City Clerk be and is Council Member Nagle. Carried by thehereby authorized and directed to file said plat following vote: Yeas—Mayor Duggan, Counciland certified copy of this resolution in the Members Kluesner, Krieg, Nagle, Nicholson,office of the Recorder, in and for Dubuque Robbins, Voetberg. Nays—None.County, Iowa. An Ordinance Amending Zoning OrdinancePassed, approved and adopted this 17th day by reclassifying property located at 2282of January, 1994. University Avenue from C-2 NeighborhoodTerrance M. Duggan, Mayor Shopping Center District to C-3 GeneralAttest: Commercial District, presented and read.Mary A. Davis, City Clerk Council Member Voetberg moved that this beCouncil Member Voetberg moved adoption considered the first reading only of theof the Resolution. Seconded by Council Ordinance and that it be set for Public HearingMember Nagle. Carried by the following vote: on 2-7-94 at 7:30 p.m. in the Public LibraryYeas—Mayor Duggan, Council Members Auditorium and that the City Clerk publishKluesner, Krieg, Nagle, Nicholson, Robbins, notice in the manner prescribed by law.Voetberg. Nays—None. Seconded by Council Member Krieg. Carried by the following vote: Yeas—Mayor Duggan,An Ordinance Vacating a portion of Council Members Kluesner, Krieg, Nagle,Saunders Street from Stoltz Street to the Nicholson, Robbins, Voetberg. Nays—None.northwesterly line of Lot 37 of Fairmount Park Subdivision, presented and read. Council Communication of City ManagerMember Voetberg moved that this be recommending vacating and disposing of Lotconsidered the first reading of the Ordinance, 37 of Fairmount Park Subdivision, presentedand that the requirement that a proposed and read. Council Member Voetberg movedOrdinance be considered and voted on for that the communication be received and filed.passage at two Council meetings prior to the Seconded by Council Member Nagle. Carriedmeeting at which it is to be finally adopted be by the following vote: Yeas—Mayor Duggan,suspended and further moved that a Public Council Members Kluesner, Krieg, Nagle,Hearing be held on the Ordinance at the Nicholson, Robbins, Voetberg. Nays—None.Council Meeting of 2-7-94 at 7:30 p.m. in the Public Library Auditorium and that the City RESOLUTION NO. 13-94Clerk publish notice in the manner prescribed RESOLUTION APPROVING PLAT OFby law. Seconded by Council Member Nagle. PROPOSED VACATED PORTION OFCarried by the following vote: Yeas—Mayor SAUNDERS STREET FROM STOLTZDuggan, Council Members Kluesner, Krieg, STREET TO THE NORTHWESTERLYNagle, Nicholson, Robbins, Voetberg. LINE OF LOT 37 OF FAIRMOUNTNays—None. PARK SUBDIVISION Whereas, there has been presented to theRESOLUTION NO. 14-94 City Council of the City of Dubuque, Iowa, aRESOLUTION DISPOSING OF CITY plat dated December 21, 1993, prepared byINTEREST IN LOT 37 AND LOT 37A IN IIW Engineers & Surveyors, P.C. of Dubuque,FAIRMOUNT PARK SUBDIVISION IN Iowa, describing the proposed vacated portionTHE CITY OF DUBUQUE, IOWA of Saunders Street from Stoltz Street to theWhereas, Drew and Terra Cook have northwesterly line of Lot 37 of Fairmount Parkrequested the vacating of a portion of Saunders Subdivision; andStreet from Stoltz Street to the northwesterly Whereas, said plat conforms to the lawsline of Lot 37 of Fairmount Park Subdivision; and statutes pertaining thereto.and 13Regular Session, January 17, 1994 Whereas, IIW Engineers and Surveyors,SPECIFICALLY, LOT EIGHT (8) OF P.C. of Dubuque, Iowa has prepared andMINERAL LOT 314, IN THE CITY OF submitted to the City Council a plat showingDUBUQUE, COUNTY OF DUBUQUE, the vacated portion of Saunders Street andIOWA, ACCORDING TO THE assigned lot numbers thereto, whichRECORDED PLAT THEREOF. hereinafter shall be known and described asWhereas, the City of Dubuque has Lot 37A in Fairmount Park Subdivision in thepurchased certain real property through a City of Dubuque, Iowa; andforeclosure sale, in protection of a Rental Whereas, the City Council of the City ofRehabilitation Program mortgage; and Dubuque, Iowa has determined that thisWhereas, the City has published a listing portion of Saunders Street and Lot 37 offor sale of this property and received a Fairmount Park Subdivision are no longerqualifying offer; and required for public use, and vacating and saleWhereas, by accepting the selected offer the of said portion of Saunders Street known asCity's objectives of recovery of its investment Lot 37A in Fairmount Park Subdivision andand continued residence of lower-income Lot 37 of said subdivision in the City offamilies can be realized; Dubuque, Dubuque County, Iowa should beNOW, THEREFORE, BE IT RESOLVED approved.BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVEDDUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OFSection 1. That the City of Dubuque, Iowa, DUBUQUE, IOWA:intends to dispose of its interest in the Section 1. That the City of Dubuquefollowing legally-described property: intends to dispose of its interest in Lot 37 andLot Eight (8) of Mineral Lot 314, in the Lot 37A in Fairmount Park Subdivision.City of Dubuque, County of Dubuque, Section 2. That the conveyance of Lot 37Iowa, according to the recorded plat and Lot 37A in Fairmount Park Subdivision inthereof. the City of Dubuque, Iowa to Drew and TerraSection 2. That the City of Dubuque, Iowa, Cook be contingent upon the payment ofproposes to dispose of its interest in the above $4,506.00, plus publication and filing fees.described real estate to Thomas D. Felderman Section 3. The City reserves unto itself afor the sum of $104,000.00. perpetual easement including the right ofSection 3. That the City Council meet in the ingress and egress thereto, for the purpose ofCarnegie Stout Public Library Auditorium, installing, constructing, reconstructing,11th and Bluff Streets, Dubuque, Iowa, at 7:30 repairing, owning, operating, and maintainingp.m. on the 7th of February 1994, for the a storm sewer and drainage system as may bepurpose of holding a public hearing and taking authorized by the City of Dubuque, Iowa, asfinal action on the disposition of the above shown on said plat.described real estate in the City of Dubuque, Section 4. That the City Clerk be and isIowa. hereby authorized and directed to cause aSection 4. That the City Clerk be and she is notice of intent to dispose of said real estate tohereby authorized and directed to cause a be published in the manner as prescribed bynotice of such public hearing and the City law.Council's intent to dispose of such property to Passed, approved and adopted this 17th daybe published as prescribed under Iowa Code of January, 1994.Section 364.7. Terrance M. Duggan, MayorPassed, approved and adopted this 17th day Attest:of January, 1994. Mary A. Davis, City ClerkTerrance M. Duggan, Mayor Council Member Voetberg moved adoptionAttest: of the Resolution. Seconded by CouncilMary A. Davis, City Clerk Member Nagle. Carried by the following vote:Council Member Krieg moved adoption of Yeas—Mayor Duggan, Council Membersthe Resolution and further moved that it be set Kluesner, Krieg, Nagle, Nicholson, Robbins,for Public Hearing on 2-7-94 at 7:30 p.m. in Voetberg. Nays—None.the Public Library Auditorium and that the City Clerk publish notice in the manner Communication of City Managerprescribed by law. Seconded by Council recommending to sell real estate at 510-512Member Nagle. Carried by the following vote: East 22nd Street, presented and read. CouncilYeas—Mayor Duggan, Council Members Member Krieg moved that the communicationKluesner, Krieg, Nagle, Nicholson, Robbins, be received and filed. Seconded by CouncilVoetberg. Nays—None. Member Nagle. Carried by the following vote: Yeas—Mayor Duggan, Council MembersMINUTES SUBMITTED - Airport Kluesner, Krieg, Nagle, Nicholson, Robbins,Commission of 12-14; Five Flags Commission Voetberg. Nays—None.of 12-20; Housing Commission of 12-14; Library Board of Trustees of 12-16; Zoning RESOLUTION NO. 15-94Commission of 1-5, presented and read. RESOLUTION OF INTENTION TOCouncil Member Voetberg moved that the DISPOSE OF CITY-OWNED PROPERTY,minutes be received and filed. Seconded by Regular Session, January 17, 199414 Council Member Kluesner. Carried by thereferred to Crawford & Company, the agent following vote: Yeas—Mayor Duggan, Councilfor the Iowa Communities Assurance Pool: Members Kluesner, Krieg, Nagle, Nicholson,Personal injury of CNA Insurance; Car Robbins, Voetberg. Nays—None.damage of Home Insurance Co.; Truck Convention and Visitors Bureau submittingdamage of Robert Rupp and Virgil Wersinger, their 2nd quarterly report for Fiscal Year 1994,presented and read. Council Member presented and read. Council MemberVoetberg moved that the communications be Voetberg moved that the report be receivedreceived and filed. Seconded by Council and filed. Seconded by Council MemberMember Kluesner. Carried by the following Kluesner. Carried by the following vote:vote: Yeas—Mayor Duggan, Council Members Yeas—Mayor Duggan, Council MembersKluesner, Krieg, Nagle, Nicholson, Robbins, Kluesner, Krieg, Nagle, Nicholson, Robbins,Voetberg. Nays—None. Voetberg. Nays—None. Communication of Finance Director, Duane NOTICES OF CLAIMS/SUITS -- The BikeR. Pitcher submitting financial reports for Shack in estimated amount of $102.20 formonth of December, 1993, presented and read. vehicle damages; John A. Brennan in amountCouncil Member Voetberg moved that the of $336.00 for backup sewer; Terricommunication be received and filed. Richardson, in amount of $37.10 for vehicleSeconded by Council Member Kluesner. damages; TFM Co. in estimated amount ofCarried by the following vote: Yeas—Mayor $273.00 for vehicle damages, presented andDuggan, Council Members Kluesner, Krieg, read. Council Member Voetberg moved thatNagle, Nicholson, Robbins, Voetberg. the claims and suits be referred to the LegalNays—None. Staff for investigation and report. Seconded by Council Member Kluesner. Carried by the following vote: Yeas—Mayor Duggan, CouncilREFUNDS REQUESTED -- Richard Members Kluesner, Krieg, Nagle, Nicholson,Hartig, $75.00 on unexpired Class "B" Beer Robbins, Voetberg. Nays—None.Permit and Timothy R. Meyer, $211.25 on unexpired Class "C" Liquor License, presented Communication of Corporation Counseland read. Council Member Voetberg moved recommending settlement of Car Damagethat the refunds be approved and directed claim of Patti Dix in the amount of $329.63,Finance Director to issue the proper checks. presented and read. Council MemberSeconded by Council Member Kluesner. Voetberg moved that the communication beCarried by the following vote: Yeas—Mayor received and filed and approved settlementDuggan, Council Members Kluesner, Krieg, with Finance Director to issue proper check. Nagle, Nicholson, Robbins, Voetberg. Seconded by Council Member Kluesner.Nays—None. Carried by the following vote: Yeas—Mayor Duggan, Council Members Kluesner, Krieg,Proofs of Publication, certified to by the Nagle, Nicholson, Robbins, Voetberg.Publisher, on List of Claims paid for month of Nays—None.November, 1993; Requesting for Release of funds for Cooper Wagon Factory Project; Communication of Corporation CounselNotice of filing final plat for 1993 Sidewalk recommending denial of car door damageRepairs; Notice of filing final plat for Center claim of Kristine Hammel, presented and read.Grove Sanitary Sewer Extension, presented Council Member Voetberg moved that theand read. Council Member Voetberg moved communication be received and filed andthat the proofs be received and filed. denial approved. Seconded by CouncilSeconded by Council Member Kluesner. Member Kluesner. Carried by the followingCarried by the following vote: Yeas—Mayor vote: Yeas—Mayor Duggan, Council MembersDuggan, Council Members Kluesner, Krieg, Kluesner, Krieg, Nagle, Nicholson, Robbins,Nagle, Nicholson, Robbins, Voetberg. Voetberg. Nays—None.Nays—None. Communication of Corporation CounselE. Eugene Perry advising of intent not to recommending approval of Release with Gieseseek reappointment to Community Sheet Metal Co., Inc and requesting approvalDevelopment Commission representing Census for Mayor to execute Release, presented andTract #1, presented and read. Council read. Council Member Voetberg moved thatMember Voetberg moved that the the communication be received and filed andcommunication be received and filed and authorized Mayor to execute. Seconded byaccepted advisement. Seconded by Council Council Member Kluesner. Carried by theMember Kluesner. Carried by the following following vote: Yeas—Mayor Duggan, Councilvote: Yeas—Mayor Duggan, Council Members Members Kluesner, Krieg, Nagle, Nicholson,Kluesner, Krieg, Nagle, Nicholson, Robbins, Robbins, Voetberg. Nays—None.Voetberg. Nays—None. Communications of Corporation CounselCommunication of Northwest Ridge advising the following claims have beenSubdivision owners requesting 150 days 15Regular Session, January 17, 1994 extension to providing necessary security forimprovement plans approved by the City their final plat, presented and read. CouncilEngineer. Member Voetberg moved that theb.To install sanitary sewer mains and sewer communication be received and filed. service laterals into each individual lot, Seconded by Council Member Kluesner.water mains and water service laterals into Carried by the following vote: Yeas—Mayoreach individual lot, storm sewers and catch Duggan, Council Members Kluesner, Krieg,basins, boulevard street lighting and Nagle, Nicholson, Robbins, Voetberg.erosion control devices all in accordance Nays—None.with the City of Dubuque standard specifications and in accordance with RESOLUTION NO. 16-94construction improvement plans approved A RESOLUTION RESCINDINGby the City Engineer, and inspected by the RESOLUTION NO. 262-93 ANDCity Engineer. REAFFIRMING THE FINAL PLAT OFc.To construct said improvements, except NORTHWEST RIDGE IN THE CITY OFsidewalks, prior to one year from the date DUBUQUE, IOWA.of acceptance of this resolution, at the sole Whereas, there has been filed with the Cityexpense of the subdivider, as owner, or Clerk a final plat of Northwest Ridge in thefuture owner; City of Dubuque, Iowa; andd.To maintain the public improvements, Whereas, upon said final plat appearexcept sidewalks, for a period of two (2) street(s) to be known as Remsberg Drive,years from the date of the acceptance of together with certain public utility and sanitarythose improvements by the City of and storm sewer easements which the OwnersDubuque, Iowa, at the sole expense of the by said final plat have dedicated to the publicsubdivider, as owner, or future owner; forever; ande.To construct sidewalks in accordance with Whereas, said final plat has been examinedthe requirements of Section 42-24(e) of the by the City Planner and said plat is inCity Code, specifically: substantial conformance to the preliminarySidewalk installation shall be the plat for the property, the City of Dubuqueresponsibility of the owner of the property Code of Ordinance and the Comprehensiveabutting the public right-of-way. The Plan had its approval endorsed thereon subjectresponsibility shall extend to all successors, the owner(s) agreeing to the conditions notedheirs and assignees. Sidewalk installation in Section 3 below; andwill not be required until the development Whereas, said final plat has been examinedof the lot has been completed, except as by the City Council and they find that itrequired herein. In sparsely developed conforms to the statutes and ordinancessubdivisions, sidewalks on developed lots relating to it, except that no streets or publicwill not be required until 50% of the lots utilities have yet been constructed or installed;approved by the plat have been developed. andAll vacant lots shall have sidewalks Whereas, the City Council concurs in theinstalled upon development of 80% of the conditions of approval established by thelots approved by the plat. Zoning Commission.Section 3. That said Michael and Mary NOW, THEREFORE, BE IT RESOLVEDBeth Remakel and Michael and Sally BY THE CITY COUNCIL OF THE CITY OFBergmann, as owners of said property, shall DUBUQUE, IOWA:secure the performance of the foregoing Section 1. That Resolution No. 262-93 isconditions provided in Section 2 by providing hereby rescinded.security in such form and with such sureties as Section 2. That the dedication of Remsbergmay be acceptable to the City Manager of the Drive, together with the easements for publicCity of Dubuque, Iowa. utilities, sanitary sewer, storm sewer and waterSection 4. That in the event the owners mains as they appear upon said final plat, beshall fail to execute the acceptance and furnish and the same are hereby accepted; andthe security provided in Section 3 hereof Section 3. That the plat of Northwest Ridgewithin one - hundred and fifty (150) days after is hereby reaffirmed and the Mayor and Citythe date of the Resolution, the provisions Clerk are hereby authorized and directed tohereof shall be null and void and the endorse the approval of the City of Dubuque,acceptance of the dedication and approval the Iowa, upon said final plat, provided the ownersplat shall not be effective. of said property herein named, execute theirPassed, approved and adopted this 17th day written acceptance hereto attached agreeing:of January, 1994. a.To reduce Remsberg Drive to grade and toTerrance M. Duggan, Mayor construct concrete curb and gutter and toATTEST: hard surface with asphaltic concrete, orMary A. Davis, City Clerk with concrete paving with integral curb, allACCEPTANCE OF RESOLUTION NO. 16- in accordance with the City of Dubuque94 standard specifications; all in a mannerWe, the undersigned, Michael and Mary acceptable to the City Engineer and inBeth Remakel and Michael and Sally conformance with constructionBergmann, having read the terms and Regular Session, January 17, 199416 conditions of the Resolution No. 16-94 andNOW, THEREFORE, BE IT RESOLVED being familiar with the conditions thereof,BY THE CITY COUNCIL OF THE CITY OF hereby accept this same and agree to theDUBUQUE, IOWA: conditions required therein.Section 1. That the Mayor be authorized Dated in Dubuque, Iowa this ________ dayand directed to execute the attached Right-of- of _______________, 1994.way Assurance Statement with the Iowa THIS RESOLUTION WAS NEVERDepartment of Transportation stipulating that SIGNED AND THUS NULL AND VOID.the City will comply with the provisions of the Council Member Voetberg moved adoption1970 Uniform Relocation Assistance and Land of the Resolution. Seconded by CouncilAcquisition Policy Act and the Uniform Member Kluesner. Carried by the followingRelocation Assistance Act of 1987. vote: Yeas—Mayor Duggan, Council MembersSection 2. That the City Clerk be Kluesner, Krieg, Nagle, Nicholson, Robbins,authorized to file said Right-of-Way Assurance Voetberg. Nays—None.Statement with the Iowa Department of Transportation. Dubuque Racing Association submittingPassed, approved and adopted this 17th day copies of their 1993 Audit. (Copy of Audit onof January, 1994. file in City Clerk's Office for public review),Terrance M. Duggan, Mayor presented and read. Council MemberAttest: Voetberg moved that the Audit be received andMary A. Davis, City Clerk filed. Seconded by Council MemberCouncil Member Voetberg moved adoption Kluesner. Carried by the following vote:of the Resolution. Seconded by Council Yeas—Mayor Duggan, Council MembersMember Kluesner. Carried by the following Kluesner, Krieg, Nagle, Nicholson, Robbins,vote: Yeas—Mayor Duggan, Council Members Voetberg. Nays—None.Kluesner, Krieg, Nagle, Nicholson, Robbins, Voetberg. Nays—None. Swiss Valley Farms, Co. submitting their audit report for fiscal year ending SeptemberCity Manager submitting study from the 30, 1993. (Copy of Audit on file in CityCoalition to Protect Iowa's Constitution on the Clerk's Office for public review), presentedimpact of a proposed amendment to the Iowa and read. Council Member Voetberg movedConstitution, presented and read. Council that the report be received and filed. Member Voetberg moved that the Seconded by Council Member Kluesner.communication be received and filed. Carried by the following vote: Yeas—MayorSeconded by Council Member Kluesner. Duggan, Council Members Kluesner, Krieg,Carried by the following vote: Yeas—Mayor Nagle, Nicholson, Robbins, Voetberg.Duggan, Council Members Kluesner, Krieg, Nays—None.Nagle, Nicholson, Robbins, Voetberg. Nays—None. Communication of City Manager requesting Mayor be authorized to execute Right-of-WayThere being no further business, Council Assurance Statement, presented and read.Member Voetberg moved to adjourn. Council Member Voetberg moved that theSeconded by Council Member Nagle. Carried communication be received and filed. by the following vote: Yeas—Mayor Duggan, Seconded by Council Member Kluesner.Council Members Kluesner, Krieg, Nagle, Carried by the following vote: Yeas—MayorNicholson, Robbins, Voetberg. Nays—None. Duggan, Council Members Kluesner, Krieg,Meeting adjourned at 8:55 p.m. Nagle, Nicholson, Robbins, Voetberg.Mary A. Davis CMC Nays—None.City Clerk RESOLUTION NO. 17-94 Approved ______________________, 1995. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RIGHT-OF- Adopted _______________________, 1995. WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS WITH THE IOWA DEPARTMENT OF TRANSPORTATION ____________________________________ Whereas, the 1970 Uniform Relocation Mayor Assistance and Land Acquisitions Policy Act and the Uniform Relocation Assistance Act of 1987 require that a Right-of-Way Assurance____________________________________ Statement for Federal Aid projects be submitted annually to the Iowa Department of ____________________________________ Transportation; and Whereas, this statement must be on file with the Iowa Department of Transportation ____________________________________ by February 18, 1994 for projects involving Federal aid funds. 17Regular Session, January 17, 1994 ____________________________________ ____________________________________ ____________________________________ Council Members Attest: ____________________________________ City Clerk