1991 December Council Proceedings455
Special Session, November 25, 1991
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special S~salon, City Council, November
25, 1991.
Council met at 4:15 p.m., Conference
Roo'a "B", City Hall.
Present: Mayor Brady, Council Members
Kluesner, Krleg, Nicholson, Pratt,
Corporation Counsel Barry A. Lindahl.
Ab~nt: Council Members Dcich, Voetherg.
Mayor Brady read the ~ and stated this/
is the Special Session of the City Counci~
~ for the purpose to c~eside~"
Transfening Class "BW" Beer Pem~t of
Sqtmm Meals.
Petition of Squnr= Meals requesting
mmsfer of their Class "BW" Beer Permit m
CyCa~e Plaza on December 2, 1991,
~csentad and ~ead. Council Member Pratt
moved that the petition for transfer be
approved. Seconded by Council Member
Kluesner. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Klunsner, Krieg, Nicholson, Pratt.
Nays--Noun. Absent--Couneil Members
Dalch, Vcetherg.
The~ being no further business, Council
Member Nicholson moved to adjourn the
meeting. Seconded by Crsmcil Member
Pratt. Carried by the following vote:
Yeas--Mayor Brady, Council Members
Kluesner, K~ieg,. Nicholson, Pratt.
Nays--None. Absent---Council Members
Deich, Voetberg.
Meeting adjourned at 4:47 p.m.
Mary A. Davis
City Cl~rk
Apt~oved ~
,1992.
, 1992.
Attest:
Clerk
Regular Session, December 2, 1991
456
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Ragular 5e~iun, December 2, 1991.
Council rout at 7:30 o'clock p.m., Puliio
Liin~uy Auditorium.
Present: Mayor Brady, Council Members
De, h, RiUesunr, Kring, Ninholson, Pratt,
Vcetbel$, City Manager W. Kenneth
Gearhart, Corporation Counsel Ban'y A.
LbsdchL
Mnyo~ Brady raad the call und stated lids
is tbe Regular Monthly Mceiln8 of the city
Council nailed for the purpose to unt upon
such business which m~y pro~y com~
befo~ tho CouneiL
lnvun~ilon wes given by Father John
Haagan, Spiritual Dixcctor of Wahlert High
Sehool.
PROCLAMATIONS~Ftrst Week of
December es "World AIDS Week" n~ceived
by Dr. John Viner.
Presentation of "Certificate of
Appteciattom" to city employee Jim RubeL
P~esentation of Service Runegniilon
Plaques to City employees with 2~ ye~s o~
moro of service. (In inararnant of 5 years)
Council Member Kluesner moved that the
rules be suspended to allow anyone psesent
to address tho Council if they so desire.
Seconded by Council Vcetbarg. Carried by
the following vote: Yess---Mayor Brady,
Council Members Deich, Khiesunr, Klieg,
Nicholsen, Prau, Voetberg. Nays---None.
Proof of Pubilcation ce~ified to by the
Publish= on Notice of Public Hearin8 to
consider an Ordinance i~cbsssifyin8 Iwope~ty
located South of frae intersunilon of Cedar
Crees Road and Cra~cunt Ridge l~ive from
R-2 and AG to CS District, p~sented und
mad. There were no written objections
received and un cud objeoto~ pre~nt at the
time of the heating. Council Member
Voeth~g moved that the proof of pubilcatiun
be received and filed. Seconded by Council
Member Nicholsom Carried by the following
vote: year---Mayor Brady, Cunneil Membem
De. ich, Kluesaar, {Cling, Nicholson, Pratt,
Vcetberg. Nays--Noun.
An O~ilunnce emending Zordn80~-
raaco by realess~fyin8 pmparty loce~
South of the interseotioo of Cedar CYoss
Road and Cseseent Ridge Drive from R-1
Single-Family Residenilul Dislrict and AG
Agflcultural Dis~ct to CS Conumrcial
Service und Wholesale Hisulot, said
Onfiunn~ hevin8 been IX~sented und reed et
the Council Mooting of November 18, 1991,
lyee~nted for final notion.
(OFFICIAL PUBLICATION)
ORDINANCE NO. 83-91
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT TEE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF, ALSO
KNOWN AS THE ZONING ORDI-
NANCE OF THE CITY OF
DUBUQUE, IOWA, BY RECLASSI-
FYING HEREINAFII~ DESCRIBED
PROPERTY LOCATED SOUTH OF
THE INTERSECTION OF CEDAR
CROSS ROAD AND CRESCENT
RIDGE DRIVE EROM R-I SINGLE-
FAMILY RESIDENTIAL DISTRICT
AND AG AGRICULTURAL
DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE
DISTRICT
NOW, THEREFORE, BE IT ORDAINED
aY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~lon 1. That the Code of Ordinances
of file City of Dubuque, Iowa, be amanded
by l~vising Appendix A thereof, also known
as the Zoulng Ordinance of the City of
Dulmqun, lows, to reclassify hereinafter
described property fi~m R-1 Single-Family
Residential District and AG Agricultural
Dis~ict to CS Comm~cinl Service and
Wholesale District, to wit:
Erschcn Pl~ce; Lot 2 of Lot 2 of Lot 3
of Minend Lot 233; Lot 2 of Lot 3 of
Lot 2 of Minaral Lot 233; Lot 1 of 13
of Valley View Halshls at Center
Grove; Lo~ 2 of 13 of Valley View
Heights at Cenm' Grove and Lot A of
Valley View Heights at Center Grove,
all in thn City of Dubequn, Iowa, and
extending to the center line of uny
nbuUin8 pnblin risht-of-wny.
457
Regular Session, December 2, 1991
Section 2. That the fmegoing awondment
has hcwtoloso been reviewed by the Zoning
Coner~asion of the City of Dubuque, Iowa.
Passed, aplwoved and adopted this 2nd
day of December, 19~1.
Ian~ E. Brady
Mayo~
Attest:
PuNished offl~ally in the Tabgrapk
Herald ~is 6th day of December, 1991.
Masy A. Davis
City Clerk It 12/6
Counull IV~mber Vuntbeq~ moved final
adoption of the Ordinance. Seconded by
Council Member Nicholson. Canted by the
Following vote: Yeas--Mayor Brady,
Council Members Ddich, Khiesuer, Kring,
Nicholson, Pratt, Yuntberg. Nays--None*
Proof of Publication c~tfled to by tim
PuMisher mi Notice of Public Heating to
considm' un Ord~unnce reclassifying ~
at 2364 Washington Street ~1R=2A to C-I
District, p~sented and read. There were no
wri~n objections received and no end
objectors present at the time of thc hearing.
Council Member Vuntber~ moved that the
proof of publication be reunived and filed.
Seconded by Council Member Pratt. Canied
by the following vote: Yees--*Mayor Bredy,
Council Members Deich, Kluesner, Kfing,
Nicholson, Pratt, VcatheaX. Nays--None.
An Oldtnmun amending Zohing Ord~-
~ by ~eclaasirying lwove~ loca~ at
2364 Wuhington Stoat from R=2A A]terunt~
Two-Family Rasidamin] DisUict to C-I
Ne~ghborhond Comme~ial Dis~ict, said
Ordinance having been lwasented and ~1 at
the Council meeting of November 18, 1991,
presented fca final action,
(OFFICIAL PUBLICATION)
ORDINANCE NO. 84-91
AN ORDINANCB OF TI~ CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY REVIS-
ING APPENDIX A THEREOF, ALSO
KNOWN AS THE ZONING
ORDINANC~ OF THE CITY OF
DUEUQUE, IOWA, BY RECLASSL
NYINO tiBREINAtqt~ DESCRIBED
PROPERTY LOCATED AT 2364
WASHINGTON STREBT FROM
R-2A ALTt~NATE TWO-FAMILY
RESIDENTIAL DISTRICT TO C-I
NEIGHBORHOOD COMMERCIAL
DISIRICT
NOW, TIH]REFORE, BE IT ORDAINED
BY TNB CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Settlon 1. That the Code of O~diuences
of the City of Dubuque, Iowa, be amended
by revising Appendix A thereof, also known
u the ~oulng Ot~unnce of the City of
Dubuque, Iow& to reclassify h~m:inaft~-
described property f~om R-2 Alternate Two-
Funily Residential Disutct to C-1
Noighbcehond Commerulul District. to wit:
Lot I of Lot 3 und Lot 2 of Lot I of
LOt 2 of L.IL Lungwcethy's Addition
te the Ci~y of Dubuqun, Iowa, und
extending to the ecn~r line of uny
abutting public right*of-way, mote
communiy known as 2364 Washington
Sm~L
Section 2. That the foregoing amundmont
has heretofore been reviewed by tho Zoning
Commission of tho City of Dubuque, lows.
Passed, approved and adopted this ~d
day of December, 1991.
James E. Brady
Mayor
Attest:
M~y A. Davis
City Clerk
Pubilshed officially in the Telegraph
Herald this 6th day of December, 1991.
Mary A. Davis
City Clerk It 12/6
Council Member Vontberg moved
adoptim of the Ordthanc~ Seconded by
Council Member Pratt. Cmied by tho
following vote: Yeas-=Meyo~ Brady,
Council Members Deich, Khiesner, Kring,
Nicholson, Psa~ VuntberS. Nays---None.
Proof of PuMination certified to by
PuMisher on Notice of Pnidlc Hearing to
core,dar ue Ordiunune reulassifying
loc-~ted to the ~ar of 2200 John F. Kennedy
Road f~om R-3 to C-2 Dis~nt* lwesmted and
wad, Thew wew no wrl~n objections
recnived and no mai objectors lweunnt at tho
moved that tho proof of publication be
received and filed. Seconded by Council
Member Vunther~. Casded by Ibu fogowing
vote: Yeas--Mayor Brady, Council Members
Nays--Council Member l~ing.
Regular Session, December 2, 1991
458
An O~t;,~-ce amending Zouln~ Ordi-
nno~ by re¢lasslfytng lnop,~ins lunated to
the n~t of 2200/nim F. Kunnedy Roed from
R-3 Moderate Density Mnifi-Fanilly
Residential Din~tat to C-2 Neighbuchund
said Ord~unnce having been presented and
umd at the Coun~i m~dag Novamber 18,
1991, lWasunted for final ac4ion.
(OFFICIAL PUBLICATION)
ORDINANCE NO. $5-91
AN ORDINANCE OF TI~ CITY OF
DUBUQUB. IOWA, PROVIDING
THAT TI~ CODE OF ORDi-
NANCES, CITY' OF DUBUQUE,
IOWA, BI] AMENDED BY REVIS-
ING APPENDIX A THEREOF, ALSO
KNOWN AS THI] ZONING
ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, BY RECLASSI-
FYING HEREINAFfF~ DESCRIBED
PROPERTY LOCATED TO TNB
REAR OF 2200 JOHN F. RENNEDY
ROAD FROM R-3 MODERATE
DENSITY MULTI-FAMILY
RESIDENTIAL DISTRICT TO
NEIGHBORHOOD SHOPPING
CENTI]R DISTRICT, WITH
CONDITIONS
NOW, TtiBREFORE, BE IT ORDAINED
BY THE ~ft'Y COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That 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 wcinasify hel~uefler
dasc~tbed property from R-3 Modamte
Density Multi-Family Residential Dist~ct to
C-2 Nc~ghborhond Shepping Center District,
Lot I of Lot I of LOt 1 of Steoher
Place all in the City of Dubuque, Iowa.
· Section 2. That thn fon'.gding amendment
bus heretofore been reviewed by the Zoning
Conm~sslon of the City of Dohuqun, Iowa.
day of December, 1991.
James ~ Brady
Maym~
Attest:
Ma~y A. Davis
City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5
(1989), and as un exl~ess condition of
rezoning of the progerty described as:
LOt I of LOt 1 of Lot 1 of Stecher
Place nil in tho City of Dubuqun, [nwa
which is the subject of Ordinance No. 85-91,
a copy of which is a~sohed hereto and
inccqxx~l herein by reference, the
undersigned property owner, John
Hohnecker, a~s to the following
condilions, 81 of which ~e property owunr
further a~cs ere reasonable und are
imposed to satisfy public uneds which are
caused diwctiy by the zezuning:
A) Perfonnancestandards-unybullding
additions shall be set back a minimum o£30
feet from any side lot line.
B) Re¢lass~¢ation of the subject
properly - the City of Dubuque, Iowa, may
iniliate zoning recinssiflcetion proceedings to
the R-3 Moderate Demity Mniti-Fan~ly
Residential District if the property owner
fails to complete sny of the conditions or
provisions of this A~ement, including, but
not limited to, the standard noted in items.
C) Modlflcatio~u - uny modifications of
this Agreement must be ~Fp, oved by the
City Council of Dubuque, lows.
D) Recording-acopyofthinAgreement
shall he recorded by the property owner with
the Dubuque County Recorder as a
Pummmnt reunrd of the condiilons accepted
as part of this resoning apix~val wi0fin ten
(10) days of the adoption of Ot~uence No.
85-91.
ti) Construction - this A~cemon~ shall
be consaued and intexpmted as though it
were p~ of Appendix A of the Code of
(N'dinunces of the City of Dubuque, also
known as the Zoning Ordinance of the City
of Dubuque, Iowa.
F) This A~..erneat shall be binding
up~m the undemigned and his/her he~s,
successor and assi~unes.
ACCEPTANCE OF
M~MORANDUM OF AOR~ItlV~NT
!, the und=signed, John Hoheecker,
having ~ thc terms and conditions of
Ordinance No. 85-91 and being familiar with
tho conditior, s thc~of, hereby accept tiffs
san~ and agree to the conditions required
therein.
Regular Secslon, December 2, 1991 460
459
Regular Session, December 2, 1991
By:/./John Hohancker
Council Membe~ F~u moved final
edopilm~ of ~ ~ ~ ~
Co~ M~ VmS, C~ by ~
fo~ v~: Y~ B~y,
Co~ Me~ ~ch, ~n~, ~,
Ni~, ~ V~t~. Nay~N~
An O~diunnca nmend~ng Zoning Onti-
unnun by reolassifying ~id In, perry from
R- I $tngle-Fnmily Re~idunfial District to C-3
Gunerel Cmmnerdal District, said Ordinance
having been presented and rend at the
Council meetln~ of November 18. 1991,
pre~nted for final
(OFFICIAL PUBLICATION)
ORDINANCE NO. 86-91
AN ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, PROVIDING
THAT THE CODE OF ORDI-
NANCES, CITY OF DUBUQUE,
IOWA, BE AMENDED BY
REVISING APPENDIX A TitEREOF.
ALSO KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, BY RECLASSI-
FYING HEREINAFrER DESCRIBED
PROPERTY FROM R-I SINGLE-
FAMILY RESIDENTIAL DISTRICT
TO C-3 GENERAL COMMERCIAL
DISTRICT
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
by revising Appendix A thereof, also known
as the Zunin~ O~d~unnca of the City of
Dubuque, lows, to rccl~sify hm~unf~r
described prol~-rty from R-I $in~l~-Fanily
Residential District to C-3 General
Conum~al District, to wit:
Rudolph's Farm and all that l~mion of
Lot 2 of ~he Balance of Lot 3 of 11 of
Yisonias Pl~.e lying southweatedy of
a continuous Hun being two hundred
feet in petpundinuhr disUmce nmth-
eastmiy of the southweatm'ly Hun of
snid Lo(; 2 of the balunun of Lot 3 or
11 of Yiarmias Place all in the City of
Dubuque, Dubuque County, lows.
Section 2. That tho forgoing an~ndrnent
has heretofore been x~viewed by the Zoning
Comn~ssion of thc City of Dubuque, Iowa.
Passed. approved and adopted this 2nd
day of December, 1991.
Atteat:
Mn~y A. Davis
City Clerk
lames E. Brady
Mayor
Pullshed officially in the Telegroph
Herald this 12th day of December. 1991.
Maxy A. Davis
City Clerk It 12/12
Council Member Pratt moved final edop-
ilon of the Or&nanun. Seconded by Council
Membe~ Vuntberg. Canied by the following
vote: Y~Mayor Brady, Council Membe~
Deich, Kluesner, i~icg, Nichalson, Pratt,
Vcethar~. Nays--None.
Proof of Publication ce~liEed to by the
Publisher on Notion of Publi~ l-learin$ to
consider disporin$ of City's iuterest in a
pmlion of Lot 3 of Lot 11 of Yiunnias Place,
p3ceived and no oral ol~cctors Ir~esent at the
time of th= hcafiu$. AttOrney Robert Bertsch
spoke oe behalf of K=y City inwstmunt Co.
Council Member Pratt moved that the proof
of publication ha received and filed;
Sanonded by Council Member Khesrer.
Canied by the following voto; Yeas--Mayor
Brady, Council lv~mhars Deich, Klansner,
Kfieg, Nicholson, Pratt, Vcetber$.
Nuys--Noun,
RESOLUTION NO. 370-91
Wllci~s, pursuant to resolutioe and
published notice of time and place or
hunting, published in the ~ a
newspaper of genrad nireal&fio~ published in
the City of Dubuque, lows, on the :lind day
of Novoml~r, 1991, the City Council of ~
City of Dubuqun, lows, mot on the 2nd d~y
of ~, 1~1, ~ 7~0 p.~ ~ ~e
Du~, D~ ~, low~ m ~-
d~ ~ ~ m ~ ~ ~y ~st
~ ~ ~y We f~ s~t p~s in ~
Co~ R~ ~d ~ ~
inset ~101~89 ~ ~ Offi~ of
Iowa-
W~, ~e ~ C~n~ of ~e ~ of
Du~q~, Io~ ow~ ~y ~d ~
obj~e, ~ ~ ~, ~ ~e ~ ~
~s~se of in.st of ~e Ci~ of Dubuque,
es~ ~ Key ~ Inv~nt ~m~y.
NOW, ~, BE ~ ~OL ~
BY T~ C~ COUN~ OF ~ C~
OF D~U~ IOWA:
of ~e ~ of Du~q~, Du~q~ ~un~,
low~ f~ s~t p~ in ~ ~ ~
a~ of~t ~ ofll of Y~
~e Cl~ of Dubuq~, low~ ~ Key ~
lnws~nt ~ ~d ~e ~ ts he.by
a~v~ f~ ~ ~at of pu~on ~d
S~ion i. ~at ~e May~ ~ an~
~d ~ ~ ~ a R~ of
~t f~ ~ht-of-Way, ~ ~e ~
~k ~ ~d ~ ~by au~ ~d
~ ~ d~v~ ~d ~ ~ ~e a~
~ ~s u~ ~ of ~e a~ve
ha~by an~ ~d ~ ~ ~ a
~ffifi~ ~y ~ ~s R~lu~on in ~e
O~ of ~ ~ ~s~, Dubuq~
Au~.
l~s ~ B~y
May~
RELEASE OF EASEMENT
FOR RIGHT-OF-WAY
Wh~uns, the plat of LOt I of 11 and 2 of
11 of Yiannias Place in the City of Dubuque,
lows, was al~oved on December 19, 1988,
and subsoqunnfly filed in the Office of the
Recorder of Dubuque County, Iowa as
[ns~umunt No. 1015-89; and
Whereas, by said plat, the p~opfietc~
offered to dedicate to the pubUc fi~ht-of-way
over a per,on of Lot 3 of 11 of Yiannias
Place in the City of Dubuque, lowa. Said
offer to dedicate is set fefth and appem on
Wl~"~, said fight-of-way f~ proposed
street is no longer nceded nor desired by thc
City of Dubuque, Iowa.
NOW, THEREFORE, the undersigned
City of Dubuque does hereby forever releuse,
vacate, abandon and discharge any interest
that the City of Dubuque n~y hnve for fight-
of-way purposes in, over nad ac'mss that
portion of Lot 3 of 11 of Yiannias Plane in
the City of Dubuque, Iowe, as shown as
fight-of-way for st~t pmpases on the plat
filed as Instrument No. 1015-89 in the Office
of the Rcuorder of Dubuque County, Iowa,
on Febn~asy 6, 1989. However, this release
in no way tdcaass uny other interests, if any,
the City of Dubuque may have in Lot 3 of
11 of Yianalas Place.
Da~ed this ~nd day of Danember, 1991.
CITY OF DUBUQUE, IOWA
James E, Brady
Mayor
Mmy A. Davis
City Clerk
Council Member Pratt moved ~optio~ of
the Resolution. Seconded by Council
Member Kinasanr. Canied by thc following
vote: Yeas--Mayor Brady, Council Mcmhars
Deich, Kluasanr, l~ieg, Nicholson, Pratt,
Voetha~. Nays~None.
Communication of City Munagcr subm/t-
ilng documeats providing for the hldding
inocess for thc Residing of the Bunker Hill
Building Project, p~sented and read. Council
Member Voetberg moved that the communi-
cation be mcdved and filed. Seconded by
Council Member Pratt. Canied by the
followin$ vote: Yuns~Meyor Brady,
Council Members Dnich, IOuasner,
Nicholson, Pret~ Voetbe~. Nuys-.-None.
461
Regular Session, December 2, 1991
~SOLUTION NO. 371-91
PRELIk~NARY APPROVAL OF
PLANS AND ~PECIFICATION5
BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE.
IOWA:
Form of coatnt~t and estimated cost for the
Bunker Hill Building Residing Project, in the
estimated am~mt of $45.000, a~ bemby
npl~oved and ordered filed in the Offic~ of
the City Cierk for public inspection.
Pass~, apl~oved and adopted this 2nd
thty of Deor. mher, 1991.
James E. Brady
Mayor
Attest:
Mw/A. Davis
City Cierk
Council Member Vcetberg moved adop-
lion of tho Resolu~on. Seconded by Council
Member Pratt. Carried by the following vo~:
Yes~--Ma~ Brady, Council Memlx~s
Deich, lOues~r, l~-ieg, Nicholson, Pratt,
Vcether~. Nays-None.
RESOLUTION NO. 3TZ-91
RESOLUTION FIXING DATE OF
HEARING ON PLANS AND
SPECIFICATIONS
Whereas, the City Council of tho City of
Dubuqun, Iowa, has given its prelimina~r
~val on ti~ iwopored plans, specifice-
lions, and form of contract and placed same
on file in the Office of the City Clerk for
public inspection of tho Bunker Hill Building
Residing Project.
NOW, ~RE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE. IOWA:
That on the 20th day of Janua~, 1992, a
public hcerin~ ~ be held at 7'.30 p.m., in
the Public Liimu'y Auditorium. at which time
interested persons may appear and be heard
for or a~inst the proposed pluns and
speolflcatines; form of contract and cost of
said improvement, and the City Ciuk be and
is hereby dbected to cause a notice of time
und place of sunh homing to be pubiished in
a ncw~ having general circulation in the
City of Dubequa, Iowa, which notice shall
twenty days l~ior to the day fixed for its
comtdemllun. At the heesing, uny intcmmd
l~porad plans, specifications, conlract, or
estimated cost of the impcovem~nt.
Passed, approved and adopted this ~d
day of Decembor, 1991.
James E. Brady
Mayor
At.st:
Mazy A. Davis
City ~
Council Member Voethor~ moved adop-
tion of the Resolution. Seconded by Council
Member Pratt. Cunied by the following vor~:
Yeas--Mayor Brady, Cunncil Members
Deich. Kinemor, Krleg, Nicholson, Pra~
Voetb~8. Nays~None~
RESOLUTION NO. 3T3-91
RESOLUTION ORDERING BIDS
BE [T RESOLVED BY Tt~ CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That ti~ Bunker Hill Building Residing
]~ect is hereby orden~d to be advertised for
bids for unnsuuedon.
BE IT IrORTHER RESOLVED, that the
amount of the security to accompany each
bid shall be in un amount which shall
conform to the provisions of the notice to
bidders hereby approved as a put of the
plans and specifications huetofo~ adopted.
That the City Ciuk is hueby directed to
advexlise for bids for the construction of the
imwovements he~in l~ovided, to be pub-
lished in a anwspal~r having genrad cbon-
ladon in thc City of Dubuque, Iowa, which
notice shall not be loss than fou~ days nor
more ~ twenty days psior to thc xcc~pt of
said bids at 2:00 p.m., on the 7th day of
January, 1992. Bids shall be ~en~d and wad
by the City Clerk at said time and v~l be
submitted to thc Council for final action at
7!30p.m., on the 20th day of Junum-y, 1992.
Passed, spproved and adopted this 2nd
day of December, 1991.
James E. Brady
Mayor
Attar:
Ma~ A. Davis
City Clerk
Counoll Membe~ Vontberg moved adop-
ilon of thc Resolution. Seconded by Council
Memb~ Prate Canied by Ibe following vote:
Yess~-Mayor Bxady, Council Memben
Deich, xiuesnor, Kfieg, Nicbelson, Pratt.
Voetherg. Nays.None.
Regular .Session,
Communtea~ion of City 1~ submit*
ting documents la. riding for tho bidding
pmcedmc for the wconsUuction ofa sunituy
sewer in the alley between Rhombe~ nnd
Lianoln, from Johnson to Fadoy, inesenled
and ~v. ad. Council Membes Vondm8 moved
Canied by tbe following vine: Yees--May~
Brady. Council Members Detch, Kbiesnm',
Kring, Nioholson, Pratt, Voetberg.
Nays--None.
RESOLUTION NO. 374-91
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW, TI~REFORE. BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That tbe proposed plans, specifications,
form of contract and estimated cost for the
Alley Sedituy Sewer Reconsmtctien,
between Rbemherg and Lincoln, from
Johnson to Fadey, in tho estimaled amount
of $254,843.73, axe hereby al~tOved and
ordered filed in the office of the City Cle~t
for puldi¢ inspec§m.
day of De~emher, 1991.
James E. Bntdy
Mayor
Attest:
Ma~' A. Davis
City Clerk
Council Member Vunthe~g nmved adop-
ilon of tbe Rmolution. Secondnd by Counell
Member Pm~ Can~ed by the f0Bowlng vo~:
Yeas--Mayor Brady, Council Members
Deich, xiuesnor, I~-tng, Nioholson, Pratt,
Voetbe~. Nays.--None.
RF~OLUTION NO. 375-91
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Wherean, the City Council of thc City of
Dubequ~, Iowa, has given its preliminuy
approval on the pr~cend pluns, sp~iflce-
ilo~, und fo~n of conUact and placed sam0
on file in the Office of th~ City Cluk for
pubiic insFecilon of the Alley Suni~ Sewer
Reconstruction, between Rhombor~ and
Liucoln, f~m Johnson to Farley.
NOW, THERENORB, BE IT RESOLVED
BY Tt~ CITY COUNCIL OF THB CITY
OF DUBUQUE, IOWA:
December 2, 1991 462
That on tl~ 16th day of Door. tuber, 1991,
a public heating will be held at 7:30 p.m. in
the Public Library Anditotium at which time
intorest~d persuns nmy appear and be heard
for or ngainat th~ propoaad plans and
speciflcatiom, form of conu'act and cost of
said improvement, and the City Clerk be and
is hereby dtxe+cled to cause a notice of tim~
and plaun of such heating to be published in
a newspaper having g0ne~d circulation in the
City of Dubuque, iowa, which notice shall
be not leu than four days nor more than
twenty d~ys pt~r~to the day fixed for its
considerat~co. At 1be hearing, uny in.rested
person amy appear and file objections to the
lWopceed plans, speelfication~, conUact, or
estlnmtsd cost of the inrprovement.
Passed, adopted and app~rOved this 2nd
day of December, 1991.
lamcs E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Council Member Vontborg moved adop-
ilon of the Resolution. Seconded by Council
Memb~ Pra~. Cmind by the following vote:
Yuns--Mayor Brady. Council Mcmbcrs
Dbich, Kluesner, Kfing, Nicholson, Pratt,
Voetbe~g. Nays-None.
RESOLUTION NO. 37g-91
ORDERING BIDS
NOW, THEREFORE. BE IT RESOLVED
BY THB COUNCIL OF THE CITY OF
DUBUQUB, IOWA:
That the Alley Sanitary Sewer Rccon-
strucllun betweun Rhornb~g and Lincoln,
from Johnson to Farley is hewby orducd to
be adve~tisnd for bids for construction.
BE IT FURTHER RESOLVED, that tho
amount of the ~.~urlty to accorrq~uny cech
bid shall be in an unmunt which shall
conform to the provisions of tho notice to
bidders he.by approved as a pan of tho
plans and specifications he~tofo~ adopted.
That the City Cimk is hueby di~ctcd to
advutise for bids for ~c ~ns~c~on of ~e
i~v~ h~n ~vid~, m ~ pu~
fis~ in a mw~ ~vi~ gun~ ~-
ladm in ~ ~ty of Dub~, low~ w~ch
nofi~ s~ ~ ~ ~ss ~ fo~ ~ys n~
~ ~ ~n~ ~ys ~ ~ ~e ~pt of
~d ~ds ~ 2:~ p.~ on ~c 1~ ~y of
~m~, 1~1. fil~ ~ ~ ~ ~d
~ by ~e Ci~ ~k ~ ~d fi~ ~d ~
sub~ ~ ~ ~ f~ fin~ ~on
463
Regular Session, December 2, 1991
at ?:30 p.m. on the t6th day of December,
1991.
Pusmi, adol~d and approved fids iud
day of Ik~mther, 199L
James E. Brady
Mayor
At~st:
Council Member Vnather~ mowM adop-
tion of the Rusolulion, Seconded by Coundl
Member Pre~ Can/ed by tho following vo~:
Yeas--May~ Brady, Council Memben
Deich, Kinuan~, Faing, Ninholson, Pratt,
Vontherg. Nays~Noan.
Petition of Dan Adams, of ~D/S IHincis
20 Cmridor Association reqan~ng dona/on
of $250 to assist with expenditures iucumd
regarding the four-luna highway between
Council Member Pratt moved that the
petition ho mccived and filed and request
approved, Seaonded by CoUncil Member
Nicholson. Carded by the following vo~:
Yeas--Mayor Brady, Coundl Members
Dnich, Kluesaer, IG-tng, Ninholann, Pratt,
Vontherg. Nays-~N0an;
Communication of City Manager reqemt-
lng Coundl approval of an application to
HUD for 40 Section 8 Housing Certifica~s,
onder tho Fm~/ly Self-Sufficlnaey Pregrem,
inusonted and mad. Council Member
Vontherg moved that tho cormnanication be
received and flied. Seconded by Council
Member Nicholson. Carried by the following
vote: Yeus--Mayor Brady, Council Membe~
Deich, IOueraer, Kfieg, Nichdson, Pratt,
Vnathe~. Nays~None.
RKgOLUTION NO. 3T/.91
A RESOLUTION AUTHORIZING
TI~ MAYOR TO EXECUTE AN
APPLICATION TO PARTICIPATE
IN THE SECTION 8 HOUSING
PROGRAM UNDER "FAMILY
SBLF-SUFFICIENCY" PROGRAM
FUNDING
Whereus, the City of Dubuque recognizes
the onntinuin~ unmet need for provision of
assisted housin~ to the City's qualifying
lower-income fonfilies; and
Whereas, tho City has continuously
l~rovided housing assistance to Section 8
Housing Program tenants, under "Project
Self-Sufficinacy" Proiwam funding, since
1984; and
Whereas, tliu~gh this commitment of
housing re~ourees the City 1~:ngnizes th~
importance and benefits of economic self-
sufllcioncy to Wngnmm participants; and
Whereas, the U,S. Depumnant of Bonsing
nad Urban Development has made funding
available under the "Family Self Suffidon~y"
Prngmm to encourage municipalities to
implement innovative prngzmn ixomoting the
economic independence of lower-income
families, through ccol~n~ng efftms of the
public and private sectors; and
Whereas, and in uscordahce with Secaon
40~A,$ of the 10wa Cede which states:
"A municit~ity of u 'Municipal
Housing A~eecy' may not l~mex~d
with a housing project onlil a stody or
u repo~ ~ ~wommnadadon on
housing avnilablo within the
community is made public by the
municipality of ngen~y and is included
in ils re~mmndation for a housing
project. Recommendations mast
receive majority approval from the
local 80vernin8 body before
precee~ng on th= housing InOj~Ct"
And in accordance with Section 213(e)
of the Housing and Community
Devciopment Act of 1974, which states
in pa~t that we must demnian whether
or not the~ is & need for such housing
assistance, taking into c~msidermion
any applicaMe Stste or ase4twide hoas-
ing assistance plan as well as generally
uvsilabhi data with respect to popuin-
tion, povefly~ housing over-crowding,
housing vacancies and substanda~
housin8. An apl~ication may ho
aplxoved only if our determiantion is
in the affirmative; and
Whereas, this application is cousistont
with the 1988-91 Housing Assistance Plan
for the City of Dubuque as approved by the
HUD Pana Office in December, 1988.
NOW, THEREFORE, BE 1T RESOLVED
BY TI~ CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. That the City Of Dubuque has
determined there is a need for additional
housing assistance and is knowledgeable of
the status of uvaflable housing within the
City as reqdi~l by, Iowa Code and that
majority approvni of the ptopored bo,,ann
aotivity within the City's judadintion is
hereby anmted.
Regular Session,
S~flou L That this Reeclution is
imonded to sesvu as the City of Dubuque's
final notice to the U.S. Dapmannat of
Housing and Urhen DevcioNnent of such
apl~ovni and lira no additi~md commnat wili
ho nada by tho City of Dubuqan on ~
matter.
Section 3. The Mayor is authmized mud
di~cted to subnit an application to the U,S.
Dopustmont of Housing and Urban Develop.
trent for perticipufion in the Family Self-
Sufficiency Program.
Section 4. The City of Dubuque Housing
Commission is hm~by directed to conduct
the nacoesusy public heatings regarding this
aPFlicetion as so~ as possible in ~
with ruqalren~nls of Chapter 403.A.28 of
the Code of Iowa, and to review and/or
aplwove or suggest modifications of the
plans for p~smm design and administration
of this propored pregcan~
Section $. The City Manager is herchy
authorized and directed to forward said
application and resulting stsndn~d executed
contract to the respective agandca in u
timely fashion and as required by the U.S.
Depestment of Housing and Urban Develop-
trent.
PasseA, approved and adopted this 2nd
day of December, 1991.
James E. Brady
Mayor
Attest:
Ma~ A~ De~s
Ci~ Chir~
Council Member Vontherg moved adop-
tion of thu Resolmion. Seconded by Council
Member Nicholson. Canied by the fobowing
vote: Ye. us~Mayor Bredy, Council Members
Dcich, g2ansanr, Kring, Nleholson, Pratt,
Vcotbmg. Nays--None.
Communicadon of City Manager ;ecom-
mending Council support tLR. 3560, the
CaMe Consmnn~ Protection Act of 1991, and
asking members of the lowa Congressional
delegation to co-spenser and suppest this
lngisiatinn, Inezentad and read. Council
Member Krlng moved that the cornmunica-
tion he recaived and filed. Seconded by
Council Member Nichcison. Canied by the
following vote: Yeas=Mayor Bxady,
Council Members Dcich, Klucsner, Kflng,
Nicholeon, Pratt, Vucther8. Nays---None.
December 2, 1991 464
RF.~OLUTION NO. 378-91
RESOLUTION IN SUPPORT OF H.R.
35fi0, ~ CABLE CONSUIvlER
PROTECTION ACT OF 1991
Whereas, since 1953, the City of
Dubuque, iowa, has granted penniadon for
various companies to deliver cable television
service to institutions, commercial establish-
rucnls, and private residences within the City
limits subject to tho provisions of cable
television franchise contracts and erdinancus,
approved by the voters in pablic referenda;
and
Whereas, the City has consistently
included and enforccd various provisions in
its cable tehivision franchises to assm'~ the
delivery of mm'vices as promised by the
franchisee, to p~otect Dubuque cable
subscribers and non-subserihers from unfair
or unequal treatment mleing out of the
operation of cable television systems and
related business practices hi a monopoly
television market enhanced by unusual
features of the local terrain, and to obtain
fair and reasonable compensation to the
community fur the substantial occupation
and use of public fi8hls of way and
casemante by the cable company in the
comae of their business; and
Whereas, local regulatory and enforce-
ment authority detsiind in the current
franchise agrecm~nt, Ordinance No. 42-81,
has been significantly diminished by the
CaMe Cornrnucicatious Policy Act of 1984
and a series of other actions by the courts
and by the Federal Commuhicafions
Commission, and FCC a~pna~s inclined, with
active encourasement of the cable induslsy
to engage in further prec~pfive acts within
the next few years; and
Whereas, H.R. 3560, the Cable Consumer
Protection Act of 1991 has been intreducad
in the U.S. House of Rel~esentativea, which
if cnactmi would restore and pt~erve rrmuy
key consum~ protection and public se~dna
components of local cable franchises and
would reaffirm and stabilize the critical role
of local 8ovemm~nt in bulanca with federal
ngcucies in the nedntenanca and growth of
local communication and infomlalion
delivery systems and sci'vices in the puMic
interesc
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
465 Regular Session, December 2, 1991
Sedlon 1, *l'nnt th~ City Conncil of tim
City of Dubuque anppom and advocates
adoplion of H.R. 3560, The Cable Comun~
Pm~cfion Act of 1991, by tbe United Staw~
House of P~m~im,
Sullen ~. That th~ Ci~ Couuctl requem
and ur~ Relwescetafive Jam~ Nussiu md
Relsexuntalive David Nqle of the Se~nd
Conarassicml Dis~t of Iowa to co-spamne
tl~ similar end~t and ~oopemtlon of
Section 3. That the Mayor ia hereby
authorized to communlca~ with Relrreesnta-
lives Nussle and Nagle, with the National
League of Cities and the U.S, Conferenes of
Mayors and other proponents of H,R. 3560,
M emphasize the importance of H.R. 3560 to
the citizens of Dubuque.
Section 4. That the citizens, tnsfltoflons,
and esgar~ndons within th~ City of
Dubeqne be encourqed to demcmtret~ their
support for cable ccnanre~ l~C~',clion
le~lalion such es H.R. 3560 duou~h let, s,
~ophoan calls, end perseunl contact with
their U.S. Sunetme and Rel~Santafives.
Passed, apl~oved and adopted this ?.nd
day of December, 1991.
James B. Brady
Mayor
Attest:
Ma~/A. Davis
City Clerk
Council Member K.-ieg moved adoption
of the Res~ution. Seconded by Council
Member Nicholsen. Cmied by the followin~
vote: Yexs---May~r Brady, Counell Members
D~ich, Klnemer, IG'ieg, Nicbelsen, Pratt,
Vnethesg. Nays--None.
Conununicction of City Maunder approv-
ing requesting of CunUal Auto Sales-Leslctn
T~ of 2130 Central Avenue to consUuct
a canopy at the lneatiml of business,
wmentod and read. Council Member
Vcetbe~ moved that the conununicelion ~
received and filed. Seconded by Council
Membe~r Nicbel~. Carded by ~ following
vote: Y~Mayor Brady, Counetl Members
Vcetbel~. Nays---None.
An Ordinance unthesizin8 Central Auto
Sales - Laslein Toppe~ to constr~t an
awning at 21~0 Central Avcou~, prerenw, d
and n~L
(OFFICIAL PUBLICATION)
ORDINANCE NO. 87-91
AN ORDINANC~ AUTHORIZING
CENTRAL AUTO SALES - LI~LEIN
TOPPERS TO CONSTRUCT
AWNING
NOW. THEREI~P.E, BE IT ORDAINED
BY THE CITY COUNC~ OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Jim and St~vc Leslein as
owners of the p~mi~s known as 2130
CunUal Avenue, Dubuque. Iowa. and legsily
described as bo and they are hereby
granted the revoceble permit and anthmity to
coesUuct and maintain awning under the
tenne and conditions set for in this
Se~lon 2. That such construction shall be
done in accordance with plans beretofore
submitted by ponnit~es and al~foved by the
City Mun~er, undo* the sepe~islon and
direction of the City Manager, and in
federal laws end regulations, and tho
O~dinanues of the City of Dubuque.
Section 3. That the permission herein
granted is exp~ssly conditioned on per-
mittces' ag~un-~nt to:
a. Assume any and all liability for
damages to persons or l~perty which may
result from the existence, localion,
installation, construction or mainUmance of
said awning; and
b. Pay on behalf of the City of
Dulmqne, all sums which the City of
Dubuque shall becon~ obti~atod to pay by
reason of the llabOity imposed upon thc City
of Dubuque for damages of uny kind
resulting from the location, installafiml,
existence, constsactioo or maintenance of
said awnin8 sustained by any person or
persons, caused by accident or otherwise to
defend at its own expense und on behalf of
said City uny claim against the City of
Dubuque arising out of the lccelion,
iestallalion, cxistunce, consh-uclion o~
m,,intununne of awning and to pay
reasonable atto~ey fees therefor, and
c. Indemnify, defend und hold tho City
of Dubeqne flee und harmless from any und
all claims, loss, liability und expense for
death and/or injmies to thixd pe~ons or
darm~e to uny propmy of the City of
Dubuque which may occt~ as a result of or
in cmmeslion with the location, installation,
Regular Session,
coMtlucfion, maintenance und relmir of the
f~ility, work or improvement permitted
be~n.
gnmted is anlX~ssly con~lioned upon
pe~n~ittues' fu~ber a~nement that should the
ti8ht and lsivilese h~ein ~unt~d be
n~:inded or revoked by tbe City Coundl,
petmittues, of the~ secueasnes in intrust. ~
owners of the abutting prope~, shall within
ten (10) days after receipt of wfiUun notice
own expense, remove said awning and in the
event of th~ fsihu~ so to do, the City of
Dubeqne shall be authmized to remove said
awnin8 at pem~ttces' expense and dispose of
the asn~, and the pex~ttes shall have no
claim against the City or its a~cets for
dunces ~sulfina from the removal of said
awning.
Section 8. That pern~ttess covenant und
a~t~se that the revocable pem~t herein
granted docs not cunslitoto an approval of
thn design, erection, locelion, construction,
repair or maintenance of said facility and
said permlttres he.by covenunt and ague
not to assm such cl~m or defense a~ainst
the City of Dubuqne in the event of claim
asserted for death, personal injuries und/or
prope~ dan~e a~ainst the pem~ttces
arisen8 out of or Jn uny way councctad with
the location, testaHalion, cemtmelion+
design, ~ and maJntununne of the faclh*ty
herein pen~ttad.
Section 6. This Ordinance shall become
effselive and the fights hereunder accrue to
Central Auto Sales - Leslein Toppers wben
this Ordinance has been adopted by the City
Council und the terms and conditions the~of
accepted by pem~ttces by acccptunce
endo~ed on this Oldinance.
Section 7. That thu City Cie~rk be und she
is authorized und di~cted to file ct
pennittess' expenre n copy of this Or,~nance
in the Office of thc Recorder in und for
Dubuque County, lawn.
Passed, approved und edopted this 2nd
day of December, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 87-91
The undersigned having ~ and being
funfiliar with the te~ms and con&dons of
December 2, 1991 466
O~nunce No. 8%91 he.by, for thenmelves,
their suesessess or ~ne, ~ ow~s of ~e
~u~ng ~, ~ ~ ~ ~d
m ~ ~d by ~ ~n~fio~ ~ ~-
By:/~ J~n ~si~n
~e: Ow~
D~: 1~12-91
HerOd ~s 19~ ~y d D~r, 199L
M~ A, Davis
~ ~k It ]2/19
Co~ ~m~ V~t~ ~v~ ~at
~n~, ~d ~ ~ ~nt ~at a
W~s~ ~ ~ ~mid~ ~d vo~
on f~ ~e at mo ~un~ ~fi~s ~
to ~ ~fi~ at w~ch it is ~ ~ fin~y
~ ~ se~ ~d f~er mow
Co~ ~ Ni~h~son. ~ by ~e
foHo~ vo~: Y~y~ B~y,
Me~ ~ch, ~u~n~, ~e$,
Ni~ol~n, ~ V~t~g. Nays~Non~
Co~ ~ss~ at 8:~ p.~
Co.cfi ~nvm~ at 9:~
P~fion of R~ Rore~w ~uesfing ~
~yc~ ~ nd ve~ ~fifion of
Co~ Mem~ ~eg ~d Nichol~n
~ues~g ~ ~ion on &e oi~-~de
~yc~ ~ ~ ~Mble ~r s~f
~fi~, ~n~ ~d ~ ~u~
M~ ~ ~ ~t ~ ~fifion ~
~d ~ ~d~ by Cou~
· e f~o~ng v~:
Y~May~ Bray, ~un~ Mem~
D~ch, ~uem~, ~cg, Nic~l~ ~
V~t~. Nay~None.
Ro~ R~ow, 14~ Gl~ O~ obj~
Dave Pc~ 1~ ~ke C~st Co~ (B~)
s~e ~ ~e ~. Tom ~dl~d. 2429
U~vc~, ~s~ ~ ~e ~ Wen a
Vi~ daw ~ s~fic ~fiv~ f~
Co~ ~ ~g ~ ~ it ~
~s~v~ ~ ~si~r ~fi~ ~un at
~fing of Nove~ 18~ au~fifing
ex~edi~c for ~-~de ~ycHng.
~nd~ by Co~ Mem~r Ni~ol~n,
C~fied by the followinK vote:
467 Regular Session, December 2, 1991
Year--Conncfl Memb= Klueen~, Yoieg,
Nichohon. and Vouthurg. Nays~Mayor
Brady. Cmmull Idemhen De,ch, PretC
Krieg moved that it be resolved to prueued
with equipment purchase for uity-widn
~cyc~. Sueouded by Counull Member
Pratt. Canied by the following vo~:
Yeas=Mayor Brady, Council Membars
Deich, K]uemur, I(W~, Pratt. Nay~-Counull
Memhe~ Nicholann, Vuetber~,
Council Membur Venttx=g moved thug it
be ;eso]ved to n~nqx)se the rules for pubUn
input Sueouded by CotmoU Memhi= D~ch.
Canied by the foUowin8 vote: Yens--Ma~*
Brady, Council Members D~ch, Kinesuer,
Kd=;, Nioholaon, Pratt, Vottberg.
ltV. SOLUTION NO. 379-91
RESOLUTION OPPOSING ADDI-
TIONAL RACING DATES FOR
WATERLOO GREYHOUND PAR](
Whereas, Dubuque Racing Association
received tho first imt-mstoel dog r~ing
license issued by tho Iowa Racing and
nursing Commission; and
Wbereur, said license war issued to
Dubuque Rar~n8 Association on the basis
that Dubuque Greyhound Park would operate
during the wans months of spring, sunurer
and early fall and that Waturino G-~yhonnd
Park would operate dining the cold months
of latz fall, winter nad endy spring with no
or minimal overlap of racing date~; and
Whereas, in a City election held on Al~il
24, 1984, 70.8 percent of the re~stmed
voters voting approved the sale of
$6,500,000 in General Obligation Bonds for
the construction and equipping of a dog
racing facility at Dubuque Greyhound Prat;
and
Wherear, Dubuque Caeyhouad Park was
a cen~buting factor in Dubuque's economic
turn mound and has gcuerated tomism
doliurs for tho economic benefit of aren
hotuls and motels, restaurants, gas and
setvten stations and ret-Il bualueares; and
Whereas, Dubuque Greyhound Pa~k has
ahmdy been hard hit by Wisconsin and
lliiueis'competifien and that competition is
increaalng; and
W~, Waterino Greyhoued Park has
asked for additional dates for the 1991-92
racing season and additional dates for thc
1992-93 racing season which would incteuse
tho ove~inp with the racing dates of Dubuque
Greyhound Park and
Whereas, ove~inl~,ing of racing date~ and
tho resulting head to head competition is
d~monta~ to tho I~rOfitebility of both dog
racing tracks; and
Whereas, the appmvul of addilional racln~
dat~ for Watedoo Cn~yhound Park would
further erode and bring into serious question
tho aiility of Dubuque Greyhound Park to
remain pmfltebhi and to sham that profit
with the Dubuque community; wad
Whereas, while out-of-stere comlmifien is
expacted, it is not expected to como from
our own state autho~sed by our own Iowa
Racing and Gaming Commission; and
Whereas, Mayor Brady in a letter dated
June 4, 1991, expressed tho City Council's
opposition to add~tloenl dates for Waterloo
Greyhound Park; and
Whereur, it war the City Council's
understanding that the issue of additional
dates for Watarloo G~yhouad Park had been
disposed of in June, 1991, and it is not
splxopfiate to be reenmidc~d at this limo;
and
Whereas, Dubuque Greyhound Park has
po~ifioued itself to be Ixofiteble by planning,
hard work and excellent leedership and
should not be penalized because of its ability
to pay off its outstanding debt early; and
Whereas, it is fair and app~ timt thc
citizens of Dubuque lv~e. ive a *return on
their invustment" for financing and supine-
lng the Dubuque Greyhound Park; and
Whereas, the agreements between the City
of Dubuque and Dubuque Racing Associa-
tion ruqulxc that 75 percent of the net cash
earnings of Dubuque Raulng Association wiU
go to the City "for st~uet lighting, sUeet
improvements, the Civic Center. the Park
and Re,rustles Department, the replacement
of mot~ vehicle~ and operating uqulpment,
and economic end tourism development
projects"; end
Wheaeas, it has been tho past lXueti~ of
the Dubuque Racing Association to allocate
the remalhiog twenty-live percent of net cash
enmings to various community charities; and
Whereur, the City Council of the City of
Dubuque desires to send a strong message to
the lows Racing and Gaming Conmtission in
Regular Session, December 2, 1991
468
oF~tiou to edd~flonul ~cing d-~, fne
Watedon ~y~ P~
NOW, ~, BE ff ~
BY ~ ~ C~N~ OF ~ C~
OF D~UQ~ IOWA:
~g ~ ~ by ~ W~
~yh~ ~ ~i~ 1~1-92 ~ 1~93
~ of ~ ~ufi~ ~ ~ Iowa R~ng
B~s~ ~d ~ ~ Dub~ ~ngafi~ m
· o Io~ ~n~ ~ly.
P~, ~,~v~ ~ ~ ~s ~d
day of ~m~, 1~1.
lames !~ Brady
Mayor
Arrest:
M~ A. Davis
City Clerk
Coun61Meni~ Pratt moved sdopliou of
the Resdiution. Sueonded by CouueU
Member Daick Canied by the following
vote: Year--Mayor Brady, Council Memben
Deich, Kluesuer, Kfing, Nichdson, Pratt+
Voetburg. Nays--Noue.
RESOLUTION NO. 380-91
NOW, TI~RI~ORE, BE IT RESOL VEX)
BY Tt~ CITY COUNCIL OF ~ CITY
OF DUBUQUE, IOWA:
That the following having complied with
the provisions of inw rebuing to the side of
Cigarettes within tho City of Dubuque, Iowa,
be gnmted a Im~it to sell Ciga~ttes nd
CigareUe Papers within said City.
Mole Oil Company, Big "10" Mart, 1875
J. F. Kennedy Road
Iowa Oil Company, IOCO Speede
Shoppe, PO Bc~ 712, 2150 Twin Valley
Passed, ~pt,,,~ved and adopted lifts 2nd
day of December 1991.
James F~ Brady
Mayor
Attest:
Map/A. Davis
City Clerk
Council Member Ddich moved adoption
of the Resolution. Secondad by Council
Memlm' Nicholann. Canied by the foliowin8
vote: Yens--Mayne Bredy, Cooncil Memhers
Deich, Kinese~, Kxieg, Nicholson, Pratt,
Voutherg. Nays--None.
RESOLUTION NO. 381-91
Whores, applications for Beer Pemits
have been submitted and ~ m ~s Con.il
f~ a~vd ~d ~ ~ have ~n
ex~ ~d ~ ~
W~, ~e ~ m ~ ~u~ by
su~ ~H~ w~ in~ md fon~ ~
~y ~ ~ ~n~s ~ ~ Ci~ ~d
have ~ ~ ~dL
NOW, ~, BE ~ ~OL~D
BY T~ C~Y CO~ OF ~ CI~
OF D~UQ~, IOWA;
a ~r Pe~L
CLA~ "C" BEER PERMIT
Mo~o Oil Company, Big "10" Mart,
Sunday Sales, 1875 J, F. Kennedy Road
Passed, q,l~,,eed and adopted this 2nd
day of December 1991.
James E. Brady
Mayor
Attest:
Mmy A. Davis
City Clerk
Council Memher Daich moved adoption
of tho Resolution. Seconded by Council
Membur Nicholson. Cmtad by tho following
vote: Yens---Mayor Brady, Council Memhers
Deich, Kluuruer, l(~ieg, Nichoison, Pratt,
Voethurg. Nays~None.
RESOLUTION NO. 382-91
Whereas, applications for Liquor Licenses
have been submlt~d to tliis Counul~ for
aPl~OVal and the san-~ have been examined
and avl~oved; and
Where., the premises to he occupied by
such applicants were inspectsd and fonnd to
comply with the State Law and all City
Ordinances relevent thereto end ti~y have
NOW, TI~,RI~ORE, BE IT RESOLVED
BY TI~ CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager he author~ad to canse
to be issued the following named sppiiennts
a Liquor License.
469
Regular Session, December 2, 1991
CLASS "C" (COMMERCIAE) BEgAt
AND LIQUOR LICENSE
Kaita Family Entmprises, Inc., Pasta
O'Shea's, Sunday Sales. 9th and Bluff
T & I~ Inc~, Marie's Italian Restam~snt
Lounse,:Sanday Sales, 1298 Main
lmumt Replay, Ino., Instant Replay,
Sunday SUIt, 1602 Centrui Avenue
Passed, app~ovnd and adopted
day of December, 1991,
James E. Brady
Mayor
Attest:
M~y A. Davis
City Cierk
Council Member Deinh moved adoption
of the Resolution. Seconded by Council
Member Nicholsen. Carded by the following
vote: Yces-~Meyor Brsdy, Council Membe~
Deich, Kinemer, Krlng, Ninhcison, Pratt,
Voutborg. Nays--Nonc.
MINUTES SUBMIT'fED---Five Elags
Commission of 11-18; Hun'mn Rights
Commission of 10-14; Police Retirement
Board of 11-15; Transit Trustee Board of
11-14; Historic Preservmion Commimio~ of
11-13, presented and resd. Council Member
Pratt moved that the minutes be xncelved and
filed. Seconded by Council Member
Nicholsou. Carded by tho following vote:
Yces~Mayor Brady, Councli Members
Deich, Kinesner, Kring, Nicholson, Pratt,
V~ethe~. Nays--None.
NOTICES OF C~=MMS/SUITS.--Stevo
Eiders in arouunt of $24.95 for vehicle
damnges; Moldt Elecuic Service, Inc. placing
lien on City prcporty for mouies not xeceivnd
from contrant~ on wo~k done on the Locust
St~eat Ramp parking mvenan and control
equipment l~ojecl; Cheri Fjclseth in amount
of $119.71 for property damages; David
Goutzinges in amount of $764.88 for backed
up sewer damnges, iwesented and read.
Council Member Pratt moved that the claims
and suits be rarefied to thc Legal Staff for
investigation and repo~ Seconded by
Council Member Nichcisou. Canlcd by the
following Vote: Ycas--Meyc~ Brady,
Council Members De,ch, Riuesner, Kdng,
Nicholson, Pratt, Vcetherg. Nays--None.
Communications of Cmpormion Counsel
advising of wferrd of following claitm to
Crawfo~d & Company, the ngent for the
Iowa Communities Assurance Pool: sewer
backup and possible personal injury claim of
Dorothy M. Bradley; car damage claim of
Cietus Erscben; car damage claim of M~k
A. Krlstenasn, presented and xend. Council
Memb~ l~tt moved that t~ communication
be veselved and filed. Seconded by Council
Membe~ Nicholann. Carried by the following
vote: Yean--Mayor Brady, Council Idembess
Duich, Rincmer, Krleg, Nicholann, Pratt,
Voutber8. Nays--None.
Commu~icndon of Coq~rsllon Counsel
n~ommend~ng denial of prope~y dem~e
claim of River City Realty, inesentad and
read. Couned ldembe~r Pratt moved that the
Seconded by Coancil Member Nicholann.
Canted by the following vote: Yeas---May~r
Brady, Council Members Duich, Kluesncr,
Kfleg, Ninholson, Pratt, Voutberg.
Nays~Nonc.
Petition of Sta~e Neldaugides and
Virginia Lynns requesting Cour, cli make a
formal public statement speaking out against
the bigotry towatxls lesbians and gays of
Duhaqnc, presented' and read. Council
Merelm' Pratt moved that the petition be
xcceived and filed. Seconded by Council
Member Niclmlson. Carried by the following
vote: Yeas--Meyer Brady, Counuil Membefl
Deich, Riansner, Kfieg, Nlcholann, Pratt,
¥outberg. Nays~Nonc.
STATE OF IOWA
ABSTRACT OF VOTES
DUBUQUE COUNTY, IOWA
We, thc undersigned members of the
Board of Supervisors, and ex-officio Board
of Canvassers, for Dubeqan County, hereby
certify the fedowing to be a tree and correct
absUact of the votes cast in fids County at
the City election held on the 5th day of
November, 1991, as shown by the tally lists
seturncd from the several election p~elncts.
For the office of City of Dubuqnc Council
At-Largo (one to be cincted) thom were four
thousand seven hun&vd tidce....4,703....votes
cast, as follows:
Robert W. Nngle received two thousand
foul hundred f~xy-two...2,442 votas
MIcha~ W. Pratt x~'~cnived two thousand
one huedxed-twenty-elghL..2,128 vo~es
Scattering received one hundred thi~-
flute...133 votes
We therefm'e decinm Robert W. Nngle
duly elected to the office of At-Large City
Coimed of Dubuque for thc term o£ fou. r
years.
Regular Session, December 2, 1991
47O
For the office of Dubuque City Council.
Ward Two (oue to be elected) ~ w~e
eight hundzed nianty-anvou..,.897..,.votes
cast, as follows:
Lores Klncsnm' seceived eight hundred
fifty-uiue....859 votes
Scetter~S s~elvnd thi~-elSht ...~ vo~s
We tlmse, f~e deelere Lores lOtmmor daly
elected to U~e office of Dubuque City
Council - Wesd Two for dlo t~ of fern'
years.
For the office of Duimqnc City Counc~ -
Ward Four (one to be dncted) them
fou~ hundn~d ninety-uigid....498....votes cast,
as follows:
Dirk N. Vouthe~ received four hundred
uishty-oue..,481 votes
Scatte~ng leouived sevanteen.,,17 votes
We the~fo~ declare Dirk N. V~t~
F~ ~ ~ of Du~ ~ ~ -
f~ows:
Kathryn E. F,.dng mcuived eight hundred
anventy-four...8?4 votes
Scateang m~:elved thi~...30 veto
We therefore danlem Kathsyn E. K~
duly elected to ~ office of Dubuque City
Council - Ward On~ for the term of two
In testimony whaler, we have ant om'
hands and "~',*~d this to
Clerk of th~ Beard of SuI~wlsors, with tho
seal of t~s County.
Done at Dubuque, Iowa, the ouumy asat
of this Cotmty, this 12th day of November,
1991.
Eldon Heni$
Donna Smith
Membees of the Board of Sulx~vise~ and
ex-offielo County Board of Canvassefl.
ARest~
Deuian M. Dolan
County Auditor and
Ciesk of the Board of Supm'viann
Courted Member Pratt moved that the
Absmw. t of Votes be xccelved and filed and
made nmUer of record. Scounded by Couned
Member Niedolson. Carded by the following
vote: Yues---Mayor Brady, Council Members
Duich, Kinem~r, Krlng, Nicholson, Pratt,
Vout~. Nays~Nonc.
communication of Alice Martin submit-
ting her i~d~nndou from the Zoning Boerd
of Adjustment, pmasntad and read. Council
Member Pratt moved that the c~mmuuicmion
be i~eseivnd and filed and resignaaon
accepted with rng~t Snconded by Council
Member Nicholson. Cmied by the following
vote: Yeas--Mayor Bredy, Council Members
Duich, Riuesuer, Faieg, Nicholson, Pratt,
Voutherg. Nays--Nonc.
Communication of City Man.er gqoust-
lng anthofizmion to publish Environmental
Review Finding for Community Develop-
ment Projects, presontnd and read. Council
Member Pratt moved that the commuelcmion
be ~cnivnd and filed. Seconded by Council
Member Nicholsen. Csrded by the following
vote: Yans---Meyor Brady, Council Members
Delch, Klncmer, Kdog, Nichelson, Pratt,
Voetbe~. Nays---None.
RESOLUTION NO. 383-91
RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE OF
ENVIRONMENTAL REVIEW
FINDING FOR CERTAIN
COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT
Whereas, the City of Dubeque hss ente~l
into a Grant Ag~ement for the calendar year
commencing January 1, 1991, with thc U.S.
Depertolent of Housing and Urban Develop-
ment, providing f~ financini assistance to
tim City under Title I of tho Housing and
Community Development Act of 1974, as
amanded; and
Wbe~as, ptusuant to the rules and
seguimions as promulgated by the U.S.
Depnmnent of Housing and Urban Develop-
meni, an envt~onmened reviaw has been
ptncessnd for the hereinafter described
Development Block Grant fimds: and
Whereas, an mi hoc Environmental
Review Com~ttan has after due considera-
lion made & determination that the wojncts
471 Regular Session, December 2, 1991
Section 2. That the City of Dubuque
be~eby deulatus its intent to adopt a
Resolution at its meeting of December 2,
1991, anthortzing the subrulssie~a of a zequust
to the U.S. Department of Housing and
Community Development to undma/m the
Pussad. approved and adopted this 2nd
day of December, 1991.
James E. Brady
Mayor
Attest:
Mm'y A. Davis
City Clerk
Council Member Pxatt moved adoption of
the Resolution. Seconded by Council
Member Nicholsen. Curried by the following
vote: Yeas---Mayor Brady, Council Members
Deich, Kinusuer. Kdeg. Nicholso.. Pratt,
Voetbe~. Nays--None.
ins authorization to publish iv. quest for
~ulease of funds for certain Community
Development Block Grant Ptojncts, presented
and n~ul. Council Member Pratt moved that
the communicailou be iv~eived and filed.
S~ondad by Coundl Member Nichoisou.
Caniad by the following vote: Ye~---Muyor
Brady, Council Members Deich, Khusuer.
Kriug, Niohoison, Prutt, VuetberS.
Nsys--Noue..
RESOLUTION NO. 384-91
A RESOLUTION AUTHORIZING
SUBMISSION OF A REQUEST FOR
RELEASE OF FUNDS FOR
CERTAIN COMMUNITY DEVELOP-
MENT BLOCK GRANT PROJECTS
Whese~, the City of Dubuque convened
an ad hco committee on June 23. 1976,
which completed an environmental assess-
mum of the fo]lowing pro~e~ts to be foudad
in the Community Dev¢lopn~nt Blcok
Grunt:
Residential Rehab]litatlou Loan Program
Ren~ Rchab]liutfiou Program
Tool Lending Library sponsored by
Washington To~ Lih-sxy, Inc., a
nonpro]lt corporation
Property Auquisitiou/Relocaflon/Demul-
i~ou Projects; and
W~, pursuant to Resolution No.
240-76. adopted July 6, 1976, pub]lc notico
of a "Fin&rig of No Significant Effect on the
Environment" for the above projncts was
pub]lshad July 7, 1976, in the Dubuque
~ and provided fo~ a pubB¢
comment period until 12:00 noon. Friday,
July 30, 1976, and notice of opl~t'tuulty to
~eview the projects was published on
I)e. cemlx~ 4, 1991 in tho Dubuque TeleR~h
Hen~d and lxovided f~ n pub]lc ~t
fried un~ 12:00 noon, December 20, 1991;
and
Wbe~.as. the City of Dubuque ~onvened
an ad hco comn~ttee on June 15, 1982,
which completed an uevironmentel useus-
moul on the fo]lowing project to be funded
in the Community Development Binok
Grant'.
Housing Code F~fe~cement; and
Wherce~, pursuant to Re~olution No.
210-78. adepted Jue~ 19. 1978, public notice
ofa 'Findlug of No Sigulficant Effect ou the
Envlroumunt' for the above plx~t was
published June 20, 1978, in tho Dubuque
Regular Session, December 2, 1991
472
~ and provided for u lmlX~
cmnn~nt period until 12:00 noon, Friday,
July 7, 1976, and mt;co of oplxntueity to
wvinw she l~t wus Imblish~d on
December 4,1991 in ~ Dubuque Tele_.~e_~
He~d and l~vidad for a puMic
and
WIz~eus, the City of Dubuque convened
an ad hue unmmittue on July 30, 1982,
whioh ~n~ted un envi~tmnm~l ussuss-
n~nt of th~ following pt~ to be funded
~n tl~ Cmnmueity Dev~opn~nt Block
Grant:
Econon~o Developn~nt Activities
comme~°iel/Industrisl Loun Pmiull~iou:
and
Whususs, punannt to Resolution No.
203-82, adopted Ausust 2, 1982, publio
notice of n "l~ndiug of No Sig~ificem Errant
on the Envimon~nt" for thc above l~'ojecte
was published August 4, 1982, in
Dubuque ~ and l~ovided for
a peldi¢ comment period until 12:00 noon,
Friday, August 21, 1982, and nutiue of
opportunity to seview the ~ was
published on D¢canbor' 4, 1991 in the
Dubuque ~ und l~ovided for
n public comment period until 12:00 nun~,
December 20, 1991; and
Whemus, l~bli¢ nmice of a ~Fiadtns of
No Sisnificent Effect on the Envisenruenf'
for the projects wu sent by wgul~ mail to
v~ous fedm], sutto ued lor~l pelvic
ugencito and to the local news me~a.
individuals and groups/mown to be inter-
ested and believed to be nppml=int= to
receive such a pub]lc notice; and
Whewus, any and ell objanfious, if any, to
such prolx~ have been duly cousidewd;
and
W~, it is the intent of the City
Council to uethodze the submission of a
~uquest to the U.S. Department of Housins
and Urban Develolm~nt for thc wlceus of
funds to cony out thc chore idcet;fisd
p/oj6cts.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUB, IOWA:
Section 1. That the envirouranntal ~eview
record for each of the projects shall continue
Clerk whece said ~ may be examined
and co~ied by any int=ested l~ty.
Section 2. Tbet tbe Mayor of tbe City of
Dubuque is h=eby authorized and dlxncted
to subnfit to the U.S. Department of Housing
and U~bue Development s~vue (7) days after
publicaliou of aplwOlninte no6ce u Request
for Release of Funds to ande~lm the seid
~nctlm 3~ TI~ the Mayor of the City of
Dubuque is h~eby anthmizad to ~t ~
~s~ ~ s~ of a ~mible f~
o~ ~ ~ Nafi~ En~n~
~ ~ ~f~ ~ ~e ~v~ouS of
~ ~ ~t ~y ~ ~e U.S. ~nt of
Horns ~d U~ ~v~nt ~-
~fi~ f~ ~ew, d~on ~ng, ~d
~fion ~s~ ~ ~ ~t by ~ ~ty
of Du~ ~ ~ ~v~n~n~
Section 4. That tbe Mayor of the City of
Dubuque is hereby antha~ized to consent
personally, in his official capaulty and on
behalf of the City of Dubuque, to accept thc
jurisdiction of the federal courts if an action
is brought to enforce xusponsibi]ltlus in
relatiou to enviroumentul ~views, decision
making, and action.
Seeflou $. That tho Mayor of tho City of
Dubequs be and I~ is hereby anthorlzed and
directed to exanute a us~fioaflon l~z~ining
o tho envisoutuentel wvicw prcoedutus.
Se~;tiou 6~ Thut tbe City Clerk be and she
is hereby anthodzed and diwoted to Imb]lsh
a Ixthll¢ nolice for n Request for Releus¢ of
Funds and Cettiflce]lon attached hereto and
made a pa~ he.of.
Pussed, approved and adopted this 2nd
d~y of December, 1991.
Att. est:
Mary A. Devis
City Clerk
James E. Brady
Mayor
Council Member Pratt moved adoption of
thc Resolution. ~-.conded by Council
Member Nicholann. Cmisd by thc fo]lowing
vote: yeas---Mayor Brady, Council Members
Deich, Kinew-er, Kfie~, Nicholson, Pratt,
Vcotbe~. Nuys---Nou¢.
Communication of City Manager recom-
moadiug approvul of u contract with the
Iowa Delmlment of Economic Devel~ment,
for a Rental Rchnb]lBatiou Progntm Grant
Award in thc amount of $87,520, pzusented
[ Member Pratt moved that
the communicefiou be n~eived and filed.
Snconded by Council ldembe~ N~cholann.
Canied by the fullowtn8 vote: Yeus-.-Muyor
Bnuly. Council Member~ D~ch, Kluesuer,
473
Regular Session, December 2, 1991
Kring, Ninholeon, Pratt, Voetberg.
Nays---Nune.
RESOLUTION NO: 38~-91
'A RESOLUTION AUTHORIZING
THE MAYOR TO EXECUTE A
CONTRACT WITH THE STA~E OF
IOWA DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR
THE STATE RENTAL REHABILI-
TATION PROGRAM
Whereas, thc City of Dubuqun made
apllication to the'State of Iowa for
panicilmtion in tho Delmrtn~nt of Econongc
Development Rental Rehabilitation Program;
and
Whereas, the State of Iowa has awarded
the City a grant of $87,52~ and
Wbemee, the State of Iowa has offered a
conlract to the City of Duboqun to
administer this award.
NOW. TI-~P. EFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. That th~ Mayor is authorized
· se~lon 2. That the City ldannger is
hewby anthorlzed and d~ ~ f~-
~d ex~u~ ~n~l ~d my o~
suing ~n~ in ~ ~
ins~cfi~s ~ ~e S~ ~
~nt of ~c ~vo~nL
P~, ~v~ ~d ~ ~s 4& ~y
of ~, 1991.
J~s ~ B~y
M~
A~t:
M~ ~ Davis
Ci~ Ci~k
Co~ ~m~r ~ ~v~ ~ of
· e Re~lmion. ~n~ by Cou~
M~ Ni~n. C~ by ~e
, vo~: Y~y~B~y, C~n~ M~
~ich, ~un~, ~ng, Nin~l~ ~
V~. Nay~Noan.
Mayor Brady thanked Council Ivlembor
Mike Pratt for week done in his ~ of
office.
Stec~e Nuldaughier spoke to a petition.
There being no further business. Council
Meanber Faleg n~ved to ad)ousn the meet-
ing. Seconded by Council Member
Nichulson. Canied by the following vote:
Y~Mayor Brady, Council Members
Deich, Kluusner, Krleg, Ninhulson~ Pratt.
Vcetbe~. Nays---None.
Meeting adjourned at 10:49p. m.
Mary A. Davis
City Clerk
APl~'oved ~~"~_._, 1992.
1992.
Council Members
Attest:
Regular Session, December 16, 1991
474
DUBUQUE
CiTY COUNCIL
OFFICIAL
PROCEEDINGS
Regular Seeci~a, Decercher 16, 1991.
Council met at 7:30 p.m., Public Library
Auditorium.
Present: Mayor Brady, Council Members
Deich, Kluesner, Voetberg, City Manager W.
Kenneth Gcerha~ Coq~'mflun Counsel
Bany A. Lindald. Absent: Council Members
Kfieg, Pratt, Nicholson.
Mayor Brady read thc cail and stated this
is the Rngulmc Monthly Meeting of the City
Council called fee the purpose to a~t upon
such business which nmy properly come
before the Council.
Invocation was given by Rev. Ed Norsk,
Pas~r of St, Peter's Lutheran Church.
Council Membes VoetberR moved that tim
nde.s be suspended to allow anyone present
to address the Council. Seconded by Council
Member Klunseer. Canted by thc following
vote: Yeas--Mayor Brady, Council Members
Dcich, lOuesner, V~tberg, Nays.-4qonc.
Absent---Council Members Kfing, Nicholeeo,
Pratt.
Proof of Publication ee~fled to by tho
Publisher un Notice of Heating on Plans and
Specifications for tho Alley Sanitary Sewer
Reconstruction between Rhornberg and
Lincoln, f~om Johnson to Farley Sueet,
presented and read, Tbew were no written
objeciluns received and no m~l objectors
present at the time of tho bea~ng. Council
Member Vcetber~ moved that tho proof of
publication be received and filed. Seconded
by Council Momber Kinusner. Carried by tho
fullowin~ vote: Ycas--Mayee Brady,
Council Members Deich, Kluesner,
Voetberg. Nays~-None~ Absent.--Council
Members Kxieg, Nicholunn, Pralc
RESOLUTION NO. 386-91
RESOLUTION ADOPTING PLANS
AND SPECIFICATIONS
Whereas, un tho 25th day of November,
1991, plans, specifications, form of con,teat
and eefimeted cost weee filed with Gte City
Ciesk of Dubuque, low~ for the Alley
Sanitary Sewer Reeunstmcilun between
Rhombeeg and Lincoln, from Johnson to
Farley; and
Whereas, notice of hearing un plans,
specificatious, from of eonttnct, and
eefinmted cost was pobUshed ss nxluiwd by
law.
NOW, THEREFORE, BB IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the ssid plans, specifications, fo:m
of conUact and esthnated cost axe hereby
approved as the plans, specifications, form of
contract and estinmted co~t for said in~rove-
meats for said p~ojeeL
Passed, adopted and approved this 16th
day of December, 1991.
Attest:
Ma~ A. Duvis
City Clerk
James E. Brady
Mayor
Council Member Vootbesg moved adop-
tion of the Rasulution. Seconded by Council
Member Kluesner. Canied by the following
vote: Yeas--Mayor Brady, Council Members
Detch, Kluesner, Voetber$. NaysmNono.
Absent= Cunnctl Members l~ieg, Nichulson,
Pratt,
Proof of publication certified to by the
Publisher on Notic.~ to Bidders of the
Receipt of Bids for thc tnconsUuction of
~lley s~itmy sewes between Rhomberg and
Lincoln, from Johnson to Finley and cem-
munication of City Manager recommund~ng
to award contract fus project, [ansented and
read. Council Member Voetberg moved that
the proof and cemmunication be r-~ceived
and filed. Secended by Council Member
Kinesner. Canied by the following vote:
Yeas--Mayor Brady, Council Members
Deich, IOuesncr. Vcetberg, Nays--None.
Absent--Council Membe~ Krleg, Nicbolson,
Pratt,
RESOLUTION NO. 387-91
AWARDING CONTRACT
Whereas, sealed p~s bevc been
submitted by conlractors fee thc Alley
Sanitary Sewer Construction between
Rhomberg and Lincoin~ from Johnson to
Fmiey pursuant to Resolution No. 376-91
and notice to bidders published in a
475
Regular Session, December 16, 1991
Whc~as, said scaled proposals we*re
opened and zced ou the 10th day of
Dncember, 1991, and it has been date~mined
that the lld of Lnngman Comtrncttou of
Rock Island. illinois in the amount of
$214,079.30 was the lowest hid fc~ the
furnishings of all hbor and nmterinls and
performing the work as provided for in the
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, iOWA:
That the conuact loc the above improve-
meat be awarded to Langmun Construction
and the Manage~ be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of
the wo~.
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 instrncted to return tho bid
daposit~ of the unsuccessful hidders.
Passed, approved and adopted this 16th
day of December, 1991.
James E, Brady
Mayor
Atlest:
Masy A. Duvis
City Clerk
Council Member Voutberg moved adop-
tion of the Resolution. Seconded by Council
Membe~ Kinasner. Carried by the following
vote: Yeas---Mayer Brady, Council Members
Dalch, Kluesner, V0etberg. Nays--None.
Absent---Council Membels Kring, Nicholsou,
Pratt.
Communic~U~on of City Manager submit-
ting documants providing for the Eagle Pcint
Water Plant Sludge Handling Building
Structural Reinforcing, presented and read.
Council Member Klncsne~ moved that the
communication be received and filed.
Seconded by Council Member Vnetberg.
Carried by the following vote: Yens--Mayor
Brady, Council Members Delch, Klncsner,
Voctbcrg. Nays~None. Absent--Council
Members Kring, Nicholson, Pratt.
RESOLUTION NO. 388-91
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Wbsarm, the propmed plans, apecific~-
ilous and form of contract for the Eagle
Point Water Plant Sludge Handling Building
Structural Reinforcing - Dubuque, Xowu in
the estinmted amount of $50,000 have been
prepared by IIW Engineers and Surveyors
under the dire~ilon of the City.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The propmed plans,
apecificatioas, and form of conRact er~
approved and ordered filed in the Office of
the City Clerk for public inspection.
Passed, approved and adopted this 16th
day of December, 1991.
Jarnes E. Brady
Mayor
Mary A. Davis
City Clerk
Council Member Kluesncr moved adop-
tion of the Resolution. Seconded by Council
Member Vnethe~, Canied by the following
vote: Yeas--Mab~r Brady, Council Members
Dalch,~ Kluesnet. Vnetberg. Nays--None.
Absent--Council Members Kring, Nicbolsou,
Pratt.
RESOLUTION NO. 389-91
FIXING DATE OF HEARING ON
PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, iowa, has given its preliminary
approvel oftbe proposed plans, specifica-
lions, and form of contract and placed same
on fiin in the Office of the City Clerk fOr
public tnspectien of the Eagle Point Water
Plant Sludge Handling Building Structural
Reinforcing - Dubuque, lows.
. NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section L That on the 6th day of January,
1992, a public heating will be held at 7:30
p.m. in the Public Libsa~y Auditorium at
which time interested persons may appear
and be heard for or against the proposed
plans and specifications, fomi of contract
and cost of said improvement, and the City
Clerk be. and is hereby c~ected to cause a
notice of time ~nd place of such hearing to
be published in a newspaper having lleneral
circulation in the City of Dubuque. Iowa,
which notice shall be no~ less than four days
nor more than twenty days prior to the day
Regular Session, December 16, 1991
476
any int~a~sted parson mey appear ami file
objections to ti~ propceed plans, sp~iflca-
the improvemunt.
Passed, approved and adoplcd this 16th
day of December, 1991.
Attest:
Mary A. Davis
City Clerk
James E. Brady
Mayo~
Council Member Klnemer moved adop-
ilea of the Resolution, Seconded by Council
Member Voetberg, Carried by the following
vote: Yens--Mayor Brady, Council Members
Dalch, Kluesnes, Voutberg. Nays~None.
Absent--Counsll Members Kflng, Nicholsou,
Pratt.
RESOLUTION NO. 390-91
ORDERING BIDS
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the project tided Eagle
Point Water Plant Sludge Handling Building
Suuctoral Relnforalng - Dubuque, Iowa is
beteby ordered to be advertised for bids for
Section 2. That the amount of the ~ontity
to accompany each hid shall be in an amount
which shall conform to tho provisions of the
notice to hiddars hereby approved as part of
thc plans and specifications heretofore
Section $. That the City Clerk is hereby
directed to adve~ise for bids for the
construction of the Improvements herein
provided, to be published in n newspaper
having gens~l circulation in the City of
Dubuque, Iowa, which notice shall not be
less than four days nor moxe than twemy
days prior to the receipt of ssid hids at 2:00
p.m. on the 30th day of December, 1991.
Bids shall be opened and read by the City
Clerk at said time and will be submitted to
thc Council for final action at 7:30 p.m. on
the 6th day of January, 1992.
Passed, approved and adopted this 16th
day of December, 1991.
lungs B. Brady
Mayor
Mary A. Davis
City Clerk
Council Membra' IOnesner moved adop-
ilou of tbe Reeclutiou. Seconded by Council
Member Vnethesg. C~mied by the following
vote; yeas=Mayor Brady, Council Members
Deich, Kinesner, Vnetb~a'g. Nays---None.
Absent---Counsll lVlembers Kfing, Nicbelsou,
Pratt.
Communication of Zoning Commission
advising of their approval to rezone prop~ty
neared at 585-587 University Avenue from
OR to C-4 Disu'ict, presented and read.
Council Member Voethorg moved that the
communication be seneived and filed.
Seconded by Council Member Kluesncr.
Carried by the following vote: Yeas=-Mayor
Brady, Council Members Deich, Kinesncr,
Voetberg. Nays---None. Absent--Conncil
Membeas Kfing, Nicholson, Pratt
An Ordinance amending Zoning Ordi-
nance by reclassifying properties located at
585-587 University Avenue from OR Office
Residential District to C-2 Neighborhood
Shopping Center District, presented and read,
Council Member Voutbe~g moved that this
be considered the first ~eading of the
Ordinance and that it be set for public
heating on January 6, 19~2 at 7:30 p,m, in
the Public Library Auditorium and that the
City Clerk publish noilce in the rrumncr
~.escfibed by law. Seconded by Council
Viember Klnesner. Carried by the following
vote: Yeas---Mayor Brady, Council Members
Deich, Kinesner, Vnetberg. Nays--None.
Absent--Council Members Kfing, Nicholsou,
Pratt.
Communication of Zoning Commission
advising of their approval to rezone property
located at 365 Cedar Cross Road from R-1
to CS District, presented and read. Council
Membe~ Yduesncr moved that the communi-
cation be received and filed, Seconded by
Council Member Vnetberg. Carried by the
following vote: Yens--Mayor Brady,
Council Members Deich, Kluesner,
Voetberg. Nays--None. Absent---Council
Members Faieg, Nicholson, Pratt.
An Ordinance arc~nding Zoning Ordi-
nance by ~eelassifying property located at
365 Cedar Cross Road from R-1 Single
Family Residential District to CS
Conunerciai Service and Wholesale District,
presented and md. Council Member
Klncsner moved that this be considered thu
first ~ading and that it be set for Public
Heating on Janua:y 6, 1992 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 Vectberll. Carried by the following
vote: yeas--Mayor Brady, Council Members
477
Regular Session, December 16, 1991
Deinh, Klunaner, Vcotberg. N&ys--Nom~.
Pratt.
Communication of Zoning Commission
advising of their approval to rezone properly
located on Pasadena Drive, West Side, from
CC to R-3 District, presented and ~..ed.
Council lviembor Voetberg moved that the
communicadon be received and filed.
Seconded by Council Member Klunsner.
Carded by thc following vote: Yeas~Mayor
Brady, Council Members Delch, Kluesnor,
Voatber~. Nays---None. Absent---Couunil
Members Falell, Nieholann, Prin.
An Ordinance amending Zoning Oxdi-
nance by n~essifying property located West
of P~adeon Court from OS Office Service
Disuict to R-3 Moderate Density Multi-
Fan~ly Residential District, presented and
mad. Council Member Voetberg moved that
this be considered the first reading of the
Ordinance and thai it be set for public
hearing on January 6, 1992 at 7:30 p.m. in
the Public Librasy Auditorium at 7:30 p.m.
and that the City Clerk publish notice in the
manner presefibe~ by law. Seconded by
Couneil Ivlemb4~ IOuesner. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dnich, Klunsner,
Vontber~. Nays---None~ Absent---Council
Meml~rs Faing, Nichnison. Prat.
Communication of Zoning Commission
advising of their approval to rezone prope~y
located at the ~ of 3385 Asbmy Rood
from OR to C-2 District, presented and read.
Council Member Kluesner moved that the
communication be received and filed.
Seconded by Council Member Vontbe~8.
Canind by the following vote: Yens--Mayor
Brady, Council Members Deich, Klunsner,.
Voetberg. Nays---None. Absent---Council
lVicmbers Krieg, Nicholson. Pratt.
An Ordinance amending Zoning Ordi-
nance ~o x~clasalfy p~perty located near
3385 Asbmy Road from OR Office
Residential District to C-2 Neighborhood
Shopping Center District. with conditions.
presented and read. Council Member
Kinesne~ moved that this be considered the
lc'st te~ading of the Ordinance and that it be
set for public hemlng on January 6, 1992 at
7:30 p.m. in the Public Librmy Auditorium
and that the City Clerk pebHsh notice in the
manner prescribed by law. Seconded by
Council Member Vcetherg. Carried by the
following vote: Yeas--Mayor Brady,
Council Members Dnich. Kluesnet,
Voetberg. Nays---None. Absent---Council
Memhers Faing, Nicholson, Pratt.
Communication of Zoning Commission
advising of their approvni to rezone prope~y
located st 3328-3350 Conm' Grove Road
from LI to C-3 DisUint, presented and read,
Council Member Voetberg moved th~ the
coramunlcetion be ~eived and filed.
Seconded by Council Member Klunsanr.
Canied by the following vote: Yeas~M&yor
Brsdy, Council Members Deich, Kluesner,
Vcotbetg. Nays--None. Abnent-~.ouncil
Members lC-lng, Nicholson, Pratt.
An Ordinance amending Zoning Ordi-
annee by reclassifying ~ located at
3328 and 3350 Center Grove Road, ftmn LI
Light. Industrial Dist~int to C-3 Geneol
Commercial DisMct, p~sonthd and read.
Council Member Voetberg moved that this
be the first re. ding of the Ordiunnon and that
it be set for public hearinll on Jonumy 20,
1992 at 7:30 p.m. in the Public Libnu'y
Auditorium and that the City Cicd~ imblish
notice in the manner prescribed by law.
Seconded by Council Membe~ Kluesner.
Carried by the following vote: Yeas---Mayor
Brady, Council Members Deich, Klunsner,
Voethel~g. Nays---None. Absent---Council
Members Foing, Nichoison, Pratt.
Commonicetion of Zoning Commission
advising of their approval to rezone twelve
(12) lots in the Pete Road, East Side, Walker
St. to Toledo SHeets from R-I to R-3
District, presented and read. Council Member
Klunsnez moved that the communionilon be
received and ftied. Seconded by Council
Member Deich. CMrled by the following
vote: Yeas-.-Mayor Brady, Council Members
Daich, Kluesner, Vontberg. Nnys-~None.
Ab~ent--Couneil Members Kfing, Nicholson,
An Ordinance amending Zoning Oadi-
nance by reclassifying property loceted near
3870 Peru Road from R-1 Single-Family
Residential DisUict to R-3 Moderate Density
Multi-Family Residential Dis~ct, with
conditions, p~sonted and ~ Council
Memb~ Klucsn~ moved {hat this be the
lirst reading of the Ordinance and that it be
set for public heating on January 20, 1~2,
a~ 7:30 p.m. in ~ Public Libra~ Audi-
~um and that the City Ci~k publish notic~
in the manner preaoribed by law. Seconded
by Coun~l Mcmbe~ Deioh. Ca~ied by the
following vote: Ye. ms~Meyo~ Brady,
Council Members Dnich, Klunsnor,
Vonthezs. Nay~None. Absoni--Coon~l
Members Kfie~, Nichoison, Pra~
Communication of Zoning Commission
advising of their approval of & text
an~ndmont to include "Anlmai Hospital/
Kennel" to CS DisUict, presented and wad.
Regular Session, December 16, 1991
478
Council Member Vontberg moved that the
communicailon be ~seeived and filed.
Seconded by Conneil Member Klonsner.
Catrled by the following vo~: Yese---Mayor
Brady, Council Members Dnich, Klunsnor,
Voetberg. Nays--None, Absent--Council
Memlx~ Kring, Nichniunn, Pratt,
An O~diunnce amending Zoning Ordi-
nance by edding "Animal HospitaljCilnio"
and "Kennel" to the CS Commercial Service
and Whoinsele District and adding thc
defim'ilon of "Kennei" to S~ilon 8
definitions, ln~Sonted and ~ead. Council
Member Voatborg moved that this be
considered the first ~aling of the Ordinance
and that it be set for public hearing on
January 20, 1992 at 7:30 p.m. in the Public
Library Auditorium and that the City Clerk
publish natice in the manner prescribed by
law. Seconded by Council Member Klnesner.
Can~ed by the foliowing vote: Yeas--Mayor
Brady, Council Members Deich, Kinesner,
Vontberg. Nay~None. Absent~ancil
Members Krieg, Nicholson, Pratt.
Communication of City Manager recom-
mending approval of request from Michael
E. & Sam A. Po~zon to vacate unused utility
~a~ments in Lot 2 and Lot 5 of Nortbrange
Subdivision No. 1, presented and read.
Council Member Voetberg moved that the
communication be received amt filed.
Seconded by Council Member Kinesnor.
Canied by the following vote: Yeas--Mayor
Brady, Council Members Deich, Klnesner,
Voetberg. Nnyg--None. Absent--Council
Members Kring, Nicholson, Pratt.
RESOLUTION NO. 391-91
RESOLUTION OF IN3~NT TO
DISPOSE OF INTEREST AND
VACATE UNUSED UTILITY
EASEMENTS IN LOT 2 AND LOT 5
OF NORTHRANGE SUBDIVISION
NO. 1
Wbereas, Michael E. & Sara A. Poflzen
are the curr~nt owners of Lot 2 and Lot 5 of
Nortbrnege Subdivision No. I; and
Whereas, utility easements m'e onrr~ntiy
pinRed on mid lots; and
Where~s, Michael E. & Sara A. Portzen
have petitioned to vacate the unused utility
easements in said lots as shown on Exhibit
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1, That the City of Dubuque,
lown. intends to dispose of its intexest and
vacate the unused utility nesen~nts in Lot 2
and Lo~ 5 of Noriluangc Subdivision No. 1
as shown on Exhibit "A".
Section 2. That the City Clerk be and is
hereby authorized and directed to cause a
notice to be pubilsbed as presedbed uadcr
Section 364.7 ~ 1989 or as
amondad.
Passed, approved and adopted this 16th
day of D~c~mber, 1991.
James E. Brady
Mayor
Attest:
Mary A. Davis
City Clerk
Cooncil Member Vontberg moved adop-
ilon of thc Resolution and set public hete'ing
for January 20, 1992, at 7:30 p.m. and direct
thc Clerk to publish notice in the manner
prescribed by law. S~conded by Council
Member Kluesnor. Calried by the following
vote: Ynes---Mayor BFady, Council Members
Dalch, Klnesner, Vontber8, Nays--None.
Absont --Conncil Members Kring, Nicholson,
PraU.
Petition of ~ldon Pfohl requesting to
address the Council regarding divcrsiry in the
City of Dubuque, presented and reed.
Council Member Deich moved that tho
peililon be received and filed. Seconded by
Council Memb~ Klnesner. Caflled by thc
following vote: Ycas--Meyor Brady,
Council lviembers Dalch, Klunsner,
Voctberg. Nays--Noun. Absent--Comlcll
Members Kring, Nicbelson, Pratt.
RESOLUTION NO. 392-91
Whereas, applications for Bccr Pemfits
have been submittad and {'fled to this Council
for approval and the same have been
cxaminad and approved; and
Wberees, the premises to be occupied by
such applicants were inspected and found to
comply with the Ozdinances of this City and
have filed proper bonds.
NOW, TREREFORE, BE IT RESOLVBD
BY THE CITY COUNCIL OF ~ CITY
OF DUBUQUE, IOWA;
That the Manager be auth~ized to cause
to be issued thc following named nppticents
a Beer Permit.
479
RegUlar Session, December 16, 1991
CLASS #B# BEER PERMIT
Lo~d 94 U.A.W., Local 94 U.A.W,
Sunday Sales, 3450 Central Avenue
CLASS "C" ~EER PERMIT
Angel Investment, Co., Casey's General
Ste~e, Sunday S~ns, 2699 Ruekdaie
Rainbo Oil Company, KWIK Stop Food
Mm, Sunday Sales+ 2320 Hwy 61
Mole Oil Company, Big "10" Mm%
Sunday Sales, 9th & Cuntrci
Passed. approved and adopted this 16th
day of December 1991,
James I~ Brady
Mayor
Attest:
Mary A. Davis
Ciiy Clerk
Council Member Kinesnor moved adop-
lieu of the Rnsoinllon. Seconded by Council
Member Vcetberg. Canted by the following
vote: Yeas--Mayor Brady, Council Membe~
Deich, Kinesncr0 Voutberg. Nays~Noun.
Ab~unt---Cunncil Members Kring, Nicholsou,
R~OLUTION NO. 393-91
Whereas, appllcallons for Liquor Licens~
have been submitted lo gtis Council for
approval and the same have been examined
and apv~oved: and
Whereas. the premise~ to be oceupled by
such appilcan~* were inspected and found ~o
comply with the State Law and all City
Ordinances relevant ~hereto and they have
filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the Manager be authorized to cause
to be issued the following named applicante
a Liquor License,
CLASS "B" (HOTEL MOTEL) BEER
AND LIQUOR LICENSE
Design Center, Inc., Julinn Inn. Sunday
Sales. 200 Main Stteel
CLASS "C" (COIVLMERCIAL) BEER
AND LIQUOR LICENSE
Billy Buck's Inc., Billy Buck's East St.
Tap, Sunday Sales, 521 E. 22nd Street
Sandns Zirkelhack, A & B Tap, 2600
Central
Sm~dta Zirkelback, Kennel Club, Sunday
Snlea, 1097 Jackson
The Mor~on, Ina., The M~ncco, Sunday
S&les, 1413 Rockdale Road
David H. Hoff~, ~ H~ T~p,
450 W. ~ust
David Ungs, Copper Kecda, Sunday Sales,
2987 Jnck~ou SUeet
Phllllp R. Love, The Lounle, 481 Lo,ant
Michael I. Weber, Mike's Ten Pin Tap,
Sunday Sates, 601 Rhombarg
Jeff Detainer. Bedice's. Sund~y Sates,
1445 Con~ai
Instant Replay, Inc.. Instant Replay,
Sunday Sales, 1602 CenUai
Passed. approved and edopted this 16th
day of December, 1991.
lames E, Brady
Mayor
Mary A. Davis
City Clerk
Council Member Klununer moved edop-
lion of the Resolution. Seconded by Council
Member Vaetherg. Carried by the following
vote: Yea~--Mayor Bnuty, Council Membe~
Deich. Kluesner, Vouthc~g. Nays~None.
A~meot---Council Membe~ Kdng, Nicholsou.
MINUTES SUBMITTED--Airport
Commission of 11-5: Cable Cormour~ty
Teleprogram~ng Commission of 12-3;
Historic Preservation Commission of 11-22;
Long Range Planning Commiseion of 11-20;
Psxk & Recreation Con~misalon of 11-12:
LilmL, y Board of Trustees of 11-21: Zoning
Commission of 12-4; Zouing Board of
Adjustment of 11-21. presented and msd.
Council Member Voutherg moved that the
minutes be received and filed. Seconded by
Council Membe~ Kinesner. Carded by the
following vote: Ycas~May~ Brady,
Council Members Dalch, Kluesfler,
Voetberg. Nays~None. Absent--Council
Membe~ Faieg, Nicholson. PratC
NOTICI~S OF CLAIMS/SUITS.--Clarion
Ho~el in esllmated mnount of f~O0.00 for
property being held by Police DepmlmenK
lira Couze~ in unknown amount for hacked
up sewe~ damages; Dorothy B. Coplicn in
Regular SeSsion,
the amount of $1,500.00 for persouai
injuries; Travis Kappnsos in ~nount of
$2~O,21 for vel~de damages; Kevin Ki~es
in ~unouat of $858.09 for veblele danmges;
Pu~e Lsme~ in amount of $1,780.56 for
vehicle dam~es; William J. McDenno- in
amount of $11~.14 for vehicle damages;
Cn~ory A. und Deborah ]. Mdzof in the
amount of $2,857.13 for vekiele damages;
3udy Nemme~ in amount of $317.41 for
vehicle danmges; Northwest Airlink in
unknown amount for plane damages; Tim
Pa~ in unknown amount for violation
of coustlteilounl ~llhts; Marllyn Splinter in
amount of $46.94 for vehicle damages; Ward
Auto Bu)kers, Inc., in amount of $1,148.2~
for vehicle damages, presented and read.
Council Melober Voutberg moved that the
claims and suits be rcinnud to the Legal steff
for tnves~i~ou and report. Seconded by
Council Membe~ Kluesner. Canied by the
following vote: Yces--Mayor Brady,
Council Members Dcich, Klucsncr,
Voetbe~. Nays~None, Abcent.--Councfl
Members Faieg, Nicholsou, PratL
Communications of Corpomiou Counsel
advising of winrting following elcirns:
possible personal injury and clothing damage
claim of Russell J. Fuhrmun; sewer backup
claim of David Ooatzinger, nonpayment for
services performed of Metdt i~ec~rln Service,
Inc., presented and ~ Council Member
Voether~ moved that the communicefious be
reouived and filed. Sncouded by Council
Mensb~ Klunseer. Canled by the folllowinll
vote: Yens--Mayor Brady, Couucil Members
Dcich, Klunsncr, Voutberg, Nays~Noue.
Absunt---Council Members Faieg, Nicbalsou,
Pratt.
Communication of Co~0orailou Counsel
recommund~ng denial of car damage claim of
Steve Ehlars, presented and wad. Council
Membe~ Voetberg moved that the communi-
cation be received and filed and denial
approved. Seconded by Council Member
Kluesnc~. Canind by the following vote:
Yeas--Mayor Brady, Council Members
Deich, Kluesner, Voetherg. Nays--Noun,
Al~..nt---Council Members Kring, Nicbol~ou,
Pran.
Proof of Publication c~mified to by the
Publishe~ on List of Ciaims paid for the
month of October, 1991, presented and read.
Council Member V~etber{ moved that the
proof of publlcetion be wceived and filed.
Seconded by Council Member Kinnsner.
Carried by the following vote: Yens--Mayor
Brady, Co~cil Members Dcich, Kluesr~r,
Voethe~. Nays--Noun. Absent---Council
Members Krlng, Nicholsou, PnsU.
December 16, 1991
480
Peilllou of Mike Reilly ndvising of events
relating to Duboque hosting the first iowa
Winter Games and requnsllnll l~iseiou to
hold · fireworks display for 8-10 minutes
from the lloudwail asea cest of tba Welcome
Cout~ parking lot on January 24, 1992,
presented and fund. Council Member
Voutherg moved that the petition be r~zeived
and filed and sequeat approved. Seconded by
Council Membe~ Kluesunr. Canted by the
following vote: Yeas--Ma~ Brady,
Council Members Daich, Kluesner,
Voutbor~. Nsys---Noue. Absent---Council
Mensbess Kring, Nicholsen, PratL
Commanication Of Zoning Commission
advising of their approval of final plat for
Lot 3 of Lot 1 Dubuque IndusUtai Center
First Addillou, pe:sunted and read. Council
Mensbor Voetberg moved that the communi-
callon be received and filed. Snconded by
Council Membe~ Klanseer. Canted by the
following vote: Yeas--Mayor Brady,
Council Members Dcich, Klunsner,
Voutberg. Nays--Noue. Absent--Council
Members Ksieg, Nicholson, Prat~
RESOLUTION NO, 394-91
A RESOLUTION APPROVING THE
FINAL PLAT OF THE SUBDIVI-
SION OF LOT 3 OF THE FINAL
PLAT OF THE SUBDIVISION OF
LOT 1 OF DUBUQUE INDUSTRIAL
CENTI~ FIRST ADDITION, IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the
City Clerk a final plat of the Subdivision of
Lot 3 of the final plat of the Subdivision of
Lot I of Dubuque Indusuial Cunter First
Addillon, in the City of Dubuque, lowa; and
Wherees, said final plat has been exam-
ined~ by ~e Dubuque Zouing Commission
and had Ks approval eedorsed thereon; and
Whereas, said final plat has been exam-
ined by the City Council and they find that
it coufonm to the statutes and ordinances
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the finai plat of the
Subdivision of Lot 3 of the final plat of the
Subdivision of Lot I of Dubuque ludustdai
Center First Add~iion, in the City of
Dubuque, Inwa, is hereby approved and the
Mayor and City Clerk ~ue hereby authorized
and directed to endm-~e the ~vai of the
City of Dubuque, Iowa, upou said final plat.
Regular Session, December 16, 1991 482
481 Regular Session, December 16, 1991
Pa~ed, apl~oved and adopted this 16th
Atilt:
City Clerk
Jnm~s lt. Brady At. at:
Cmmell M~nb= Vontbe~g moved adop-
tion oftla Re~lulion. Seconded by Council
Member IOnew. er, Canind by the following
vote: Yeas.--Id~yor B~edy, Council Members
Deich, IOnesnst, Voetberg, Nays---None.
Al~w. nt--Conacil Members Ktieg, Nichohon,
i~atC
Communication of Zoning Commission
advising of their approval of find plat of
Lots 4, 5 and 6 of Lots 32-39 inclusive and
Lot C of Nocdu'ange No, 2, presented and
trod. Conacll Member Vontbe~ moved that
Seconded by Cooacll Member Kluesner.
Can-led by the following vote: Yeas--Mayor
Brady, Cotmcll Members Delch, Klunsner,
Voetberg. Nays-None. Absent---Couacll
Members Kflng, Nichoison, PtatL
RESOLUTION NO, 39S-91
A RESOLUTION APPROVING THE
FINAL PLAT OF NORTHRANGE
SUBDIVISION NO. 2 IN THE CITY
OF DUBUQUE, IOWA
~, them has been filed with the
City Clerk n final plat of Nonhrange
Subdivision No. 2, in the City of Dubuque,
iowa; and
Wbexeer, said finn] plat has been exam-
ined by the Dubuque Zoning Commission
and had its aplxOVal endorsed thereon; and
Whereas, said final plat has been
examined by the City Council and they find
that it conforms to the statutes and
ordlxmncns relating to it.
Now, T~X~FORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Sectinn 1. That the final plat of
Nonhran&e Subdivision No. 2, in the City of
Dubuque, lows, a ~subdivision of North-
range Subdivision No. 2 lot A in the City of
Dubuque, lows, is hereby approved a~l the
Mayor and City Clerk a~ hereby actho~zed
and din~ted to endcs'se the approval of the
City Of Dubuque, Iowa, upon said final plat.
Pa.~ed, ~.~nd and adopted this 16th
day of December, 1991.
James E. Brady
Mayor
Council Member Vontberg moved adop-
lion of fl~ Re~lulion. Seconded by Council
Member Klnesner. Canied by the following
vot~ Yeas---Mayor Brady, Council Members
Ddich, Klunsncr, Vnetberg. Nnys---None.
Absent--Conncll Members Kring, Nichoison,
RESOLUTION NO. 39~-91
A RESOLUTION APPROVING THE
FINAL PLAT OF LOTS 4, 5, AND 6,
AND LOTS 32-39 INCLUSIVE AND
LOT C OF NORTHRANGE SUB-
DIVISION NO. 2 IN THE CITY OF
DUBUQUE, IOWA
Wberces, the~e has been filed with the
City Clerk a final plat of Lo~ 4, $, and 6
and Lo~ 32-39 inclusive and Lot C of
Nor~g~mge Subdivision bio. 2, in the City of
Dube. qce, Iowu being u subdivision of Lot
I-A of Nc~thranlle Subdivision No.2 in the
City of Dubuque, lows; and
Whereas, upen said plat appears su'eets to
be known as Nonhnmge Court and Counsel
Court deaigneted on s~id plat as Lot C,
together with certain public utility and
dralnnge eansrnents which the owners, by
nsid final plat, lave dedicated to the public
forever, and
Whereas, said final plat has been exam-
ined by the Dubuque Zoning Commission
and had its approval endorsed the~on
subject to the owners ngrceinll to the
conditions noted in ,Section 2 below; and
Whereas, said final plat hits been exam-
ined by the City Council and they find that
it cooform~ to the statutes and ordinances
mlallng to it, except that no streets or public
utilities have yet been consUucted; and
Wbema~, the City Council contras in the
conditions of approval established by the
Zoning Commission.
NOW, THER][~ORE, BE IT RF. ROLVL2D
BY THE CITY COUNCIL OF TIlE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of
Nonhrange ~7.oer t and Counsel Corn% shown
on said plat as Lot C, together with the
oa~mants for public udillins and drainage as
they appear on said final plat be and the
same axe hereby accep~l.
8e~lon 2. That the final plut of Leu 4, $,
and 6 and Lots 32-39 inclusive and Lot C of
Nonluange Subdivision No. 2, in the City of
Dubeqce, Iowa, being a subdivision Lot I-A
of Notfin'an~ Subdivision No. 2 in tbe City
of Dubeqne, lows, is he.by apln~ved and
the Mayor and City Clrsk em he. by
anthorlzed and all,acted to ende~e the
alrlWOVal of the City of Dubeqne, Iowa, upon
said final Fiat, Inovtdad that the owners of
said propet~ het~n namerL execute their
written acceptance hereto attached ~eelng:
a. To reduce all streets to 8zede and to
construct onnomta c~rb and guUer and to
haxd surface with asphaltic conemte, or with
concrete peving with integnd curb, all in u
manner acceptable to thc City Engineer and
in genend confmmaace with the approved
pt~llminery plat;
b. To install sanitary sewer mains and
sewer service la.'als in a manner acceptable
to the City Engineer and in genend con-
formance with the approved praliminaty plat;
c. To install wuter mains and water
service laterals in a manner acceptable to the
City Engineer and in general confmmance
with the alYproved l~eliminary plat;
d. To install storm sewers and oateh
basins in a manner acceptable to the City
Engineer and in general conformance with
the apWoved p~ellmlna.-y plat;
eo To install concrete aldawalks as
required by ordinance wbem dfin~t~ by the
City Engineer and the City Manager in a
manner acceptable to thc City Engiacer and
in §one,al confornm~ce with the approved
L To install boulevard stceet lighting in
accordance with City sl~ificafiom in a
manner acceptable to the City Engineer and
in ganoml co~fonmace with the approved
~re]imln,~./plaC
g. To constract the forngoing improve-
mcnts in accordance with plans and specifi-
cations aplxoved by the City Manager. uedor
the supervision of the City Engine~.
h. To consUact said imt~ovements,
except sidewalks, p~inr to one year fi~m the
data of the acceptance of this Resolution;
i. To ~onstmct sidewalks in accordance
with the requirercents Snefinn 42-24(e) of the
City Code; specifically, sidewalk installation
shall be the xnsponalbility of thc owner of
thc 1~ ubutting the publlo fight-of-way.
The ~spensibfilty shall extand to all
sucenssors, herin and assillnnss. Sidewalk
instsiinlion will not be ~..qui~d until the
development of the lOt has been convpleted,
except as requixed herelm In sparsely
developed subdivisions, sidewalks on
developed Ires will not be ~qulied until
of the lots aplwoved by the plat lave been
daveloped. All vacant lots shall have
sidewalks inatannd upml davelopn~nt of
80~ of the lots approved by the plat;
j. To maintain the forngoing improve-
ments for a period of two (2) years from the
date of the acceptance of the public
improvement by ~e City of Dubuque, Iowa;
k. To install temlx~ery cul-de-sac to
City specifications at the westerly end of
Nonbrange Com~ and maintain said cul-da-
sac if Northrangc Court is not further
extended and platted l~ior to December 1,
1992;
I. Toprovide the foregoing censtruclion
and maintenance at the sole expense of the
subdivider, ss owner, or future owners;
m. To coordinate and provide all e~osion
mcesnscs in a manner consistent with the
appmvnd grading and =osion control plan.
And fuflh~ provided that Michael E. and
Sara A, Poflzen, as owne~ of said
shall secure perfonmnce of thc foregoinll
conditions provided in Section 2 by
providing ~acmity in such form and with
such sureties as may be acceptable to the
City Manager of the City of Dubuque.
Section 3. That in tho event the aSove
mentioned owner of said properly shall fail
to execute the acceptance and furnish the
security provided in Section 2 he.of within
fo~y-five days after the date of this
Resolution, thc p~ovisim~s hereof shall be
null and void and acceptance of the
dedication nmi approval of the plat shall not
be effective.
P$$sed, approved and adopted lids 16th
day of December, 1991.
James E. Brady
Mayor
Attest:
Maw A. Davis
City Clerk
483
Regular Session, December 16, 1991
ACCEFrANCE OF
RESOLUTION NO. 3~-91
We. the undm/$ned, Midmel it. and Sar*
A. Pe~zn, buying ~al the mss ~nd
cundifl~ of tbu l/.e~utim No, 39691 mtd
being familiar with the condifion~ thereof,
coedifious ~ldi~d tbendn.
Dated in Dubuque, lown this 8th day of
~anun~,
By:/si Micbeul E. Po~zun
By: ]~! ~ A. Pot~cn
TO: M~ A. Davis
City Cicrk
This is to c~tify that the necmity ~cquh~
by the foregulng Rusulution No. 396-91 has
been furnished by the ownea's.
Det~d at Dubuque~ lows this 8th day of
launa~, 1992.
/s/W. Kenneth Ge~bun
City Manager
Communication of City Manager
tocndiag ecceptunne of tho cunU~ct for the
thstaliation of et new bus llft system ett th~
Ket!dine 'hunsit Facility, l~usceted and ~ced.
Council Membe~ Vcether~ moved that ti~
~unic~on be ~ceived and filed.
Seconded by Coundl Membe~ Klnesner.
Canied by the following vote: yeus---Mayor
Brady, Council Members Deich, Kluesner,
Vcetherg. Nays--None. Absent--Council
Members i~iag, Nichoison, ~
RE~OLUTION NO. 3~7-91
ACCEPTING IMPROVEIdENT
When~us, the coat,act for the Removal of
Existing Bus Lift System and lustallatiun of
a New Complet~ Bus Lift System fne the
Transit Division ofPublin Wodcs l~nt
has examined the w~k and filed Ids
certificate stating that the same bus been
conleloted ac~ndiag to the re.ne of the
contract, plans and specifications and
~.cornmcnds it acceptance.
NOW, ~RE, BE IT RESOLVED
BY ~ CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Series 1. That the teonmrnendation of
impmven~nt be and tbe same is hereby
accepted.
BE IT FURTHER RESOLVED, that the
City T~eusurer be and be is h=eby di~c~cd
to l~y to the con~ra~tor from General Funds
and an Urban Mass Tnmsportation Adminis-
tmton (UMTA) Grant in ascent equal to
the amount of his conUact' less any ~talned
Passed, approved and adopted this l~th
day of December, 1991,
~un~s E. Bredy
Metyor
Attest:
Ma~/A. Dnvis
City Cicrk
Coundl Member Vcether~ moved adop-
ion of the Resolution. Seconded by Council
Member Klunsne. r. Carded by thet following
vote: yeus.--ldayor Bredy, Council Members
Deich, Klnesner, Vcethe~. Nays~None.
Absent--Council Member~ Ktlag, Ninhoison,
Pratt.
RESOLUTION NO.
FINAL ESTIMATE
Whereas, thc eonmtct for the Removal of
Existing Bus Lift System and Installation of
et New C~mple4~ Bus Lift System fer the
Tnmsit Division of Public Wogts Depa~nunt
has been completed and the City ~n~incer
cost the~cef including the cost of ustimates,
notices and inspection and all miscnilaneons
NOW, TI-~RI~FORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Se~inn L Tbut the cost of said improve-
n~nt is hereby datennined to be $35,743.34
and thc said amount shah be paid from
Gune~al Funds and ne Urban Mass Tmnspor-
tetion Administration (UMTA) Grant of the
City of Dubuque, low~.
Passed, approved and adopted this 16th
day of December, 1~91.
{un~s E Brady
Mayor
Attest:
Ma~ A. Davis
City Clerk
Council Memb~ Voethe~g moved edop-
ties of the Resolution~ Seconded by Council
Memb~ Klunsne~L Canied by thc following
vote: Yeas--Mayor Bredy, C~ncil Members
Deich, ~lnesner, Vnetbe~. Nays---None.
Abnent--Cunncil Members Ksio{, Nicholson,
P~atC
Regular Session, December 16, 1991
484
County Sheriff edvislng of Notice of
A~pl.~S~ment of Damages for ~
un Primary Read U.S. 20 in the
City of Dnb~qun, 1a'usunted and tund.
Council Member Vcethe~g moved that thc
notice be n~=cived and filed. Seconded by
Council Membe~ Kluusner. Canted by tho
foliowiag vote: Yeus= MaYor Brady,
Conncll Memb~s Delch, IOnesner,
Voetbu~. Nays---None. Absunt--Cunn~il
Member~ Yolag, Nichoison, PratL
Communications of Bill & Addy Gard,
B:- O~-o,~ und Reunto and Werner Wiem
submluing their ~neommundauons ~gar g
development of land IXeSunflY owned by the
State of lowa along Soutbem Avunuc
betwnen Samuel and Valley Stxects,
presented and ~ Council Ivlembe~
Vunther/moved that the conununinatiun be
~elved and tiled. Secundcd by Council
Member Klucsner. Carded by the following
vote: yeas.--Meyer Brady, Counell tdembe~s
Deich, IOucsne~, Vcethcrg. Nays--None.
Absunt--Coundl Members Kfiag, Nichulson,
l~atL
Communication of Lunnie Hingtgen
submitting thun~hts and possible saggustiuns
for the upcoming public hce~iag on the
ftndings of the Keyline ADA Adviso~
Bouni, p~esunted and ~cad. Council Member
Vcetbex~ moved timt the unmmunication be
received and filed. Seconded by Council
Member Klunsner. Canied by thc following
vote: yeas--Meyer Bnaly, Council Members
Dcich, Klunsner, Vcetberg. Nays--None.
Abaent----Conndl Members K. rleg, Nichoisun,
Pratt.
petition of Buch~ Invustm~nts, Ltd.
requesting the establlshmcnt of an Urban
Hams s Addition and cus~ y owned by
Holy Trinity Church, l~uscnted and ~d.
Council Member VcetberS moved that the
petition be zefen~i to thc City Manager.
Seconded by Cunncil Member Kluusner.
Canied by the following vote: ycus~lvhyor
Brady, Conncil Members Dcich, KIcesner,
Vcethet'/. Nays---None. Absunt---C~unull
Members Kriag, Nichoisun, lhatt.
At 8:02 p.r~ Council Member Khusn~
moved to go into Closed Session in
aneoidance with Cbupt~r 21.5 1 .(c) to discuss
sUatagy with couusul in matters where
litigation is imndnent where i~. disdosuse
would be likuly to p~e]udice or disadvantage
the position of thc governmentel body in this
litigatiun. Sneonded by Council lvicmber
Vcethctg. Canicd by the following vote:
Yeas--Mayor Bn~iy, Conncil Members
Deich, Kluusner, Voethe~. Nays--None.
Membe~ Kdag, Nicbuhon,
At 8:3"/ p.m. Council ~ecunvened in
Ree~ ~ ~fion w~ given
C~un C~n~ ~
~ ~ no f~er ~si~ss, ~unc~
M~ V~t~ mow m ~jo~
~n~ ~d~ ~ ~.M~o~
~sn~. C~ by ~ touo~ng
D~ch, ~, V~t~. ~ny~one,
A~ent~ ~n ~ag, Nichoh~,
~ng ~jo~ et 8:38
M~ A. Davis
~ O~k
, ~992.
M~
Co~dl Members
Clerk